N Barber Flashcards
How does N. Barber distinguish between legalistic and non-legalistic concepts of the rule of law?
Barber distinguishes by defining legalistic concepts as focusing on law-making and procedures, whereas non-legalistic concepts emphasize broader political ideas and rights.
What are the contrasting views of Raz and Dicey on the rule of law according to N. Barber?
Raz views the rule of law as an inherent virtue of law, focusing on the law’s functionality rather than moral aspects. Dicey adopts a legalistic perspective tied to an individualistic political theory, emphasizing legal procedures and individual rights.
Why does N. Barber argue the rule of law is not inherently virtuous?
According to Barber, the rule of law itself is not inherently virtuous; however, adherence to it can be considered virtuous when it promotes valuable outcomes such as protecting personal autonomy.
What characteristics does N. Barber believe a good legal system should have?
Barber believes a good legal system should closely adhere to the rule of law by ensuring laws are clear, stable, and publicly known to all.
How has the rise of the welfare state influenced the understanding of the rule of law?
The rise of the welfare state has necessitated a broader understanding of the rule of law to include considerations of social rights and protections.
What should legal systems include according to N. Barber to address disparities in society?
Legal systems should include rules that limit the power of the elite to penalize those asserting their legal rights, thereby addressing economic and educational disparities.
How do traditional views of the rule of law need to adapt, according to N. Barber?
Traditional, modest legalistic views of the rule of law must adapt to consider economic positions, education, and power imbalances within society.
Can the conceptions of the rule of law by Raz and Dicey exist in non-democratic contexts?
Yes, according to N. Barber, the conceptions of the rule of law by Raz and Dicey could exist in non-democratic contexts, such as monarchies or societies with restricted voting rights.
How does N. Barber interpret Dicey’s rule of law in political terms?
Barber interprets Dicey’s rule of law as political guidance for lawmakers and the government to exercise their powers responsibly, rather than as legal constraints on Parliament.
