Paul Craig Flashcards
According to Paul Craig, what is the formal conception of the rule of law?
The formal conception of the rule of law emphasizes that laws should be made publicly, not covertly or for personal gain, and should be clear and understandable to guide behaviour and allow for life planning.
What do formal conceptions focus on regarding the rule of law?
Formal conceptions focus on how laws are promulgated, their clarity, and their prospective or retrospective nature, without evaluating the laws’ content.
How do substantive conceptions of the rule of law differ from formal conceptions?
Substantive conceptions extend beyond the formal procedures to include certain rights that derive from the rule of law, helping to distinguish between good and bad laws.
What critique does Unger have about the formal conception of the rule of law?
Unger criticises the formal conception as merely a facade for power disparities and argues that it is increasingly unattainable in modern society, often used historically to make power appear impersonal and neutral.
According to Unger, how do general rules reflect societal power dynamics?
Unger contends that general rules inherently reflect the interests of the dominant class and that their application by the judiciary cannot be value-neutral.
What challenges does the complexity of modern governance pose to the rule of law?
The complexity of modern governance demands broader, less precise laws that grant more discretion to administrative bodies and courts, significantly impacting traditional characteristics of the rule of law.
What do Raz and others argue about the rule of law in relation to other virtues?
Raz and others suggest that while the rule of law is important, it may sometimes be sacrificed for other virtues that cannot be achieved under its strict constraints.
What is the criticism of a fully substantive view of the rule of law?
A fully substantive view of the rule of law is criticized for being overly dependent on a specific theory of justice, which could potentially undermine its independent utility.
