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Googling the equivalence of private arbitrary power and state arbitrary power: why the Rule of Law does not relate to private relationships

Published online by Cambridge University Press:  20 May 2021

Paul Burgess Open the ORCID record for Paul Burgess [Opens in a new window]
Paul Burgess*
Affiliation:
Monash University, Australia
*
*Corresponding author. E-mail: paul.burgess@monash.edu
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Extract

The contributions to this Special Issue, and the books to which they relate, are premised on the idea that the Rule of Law relates to private relationships. I challenge that idea. By exploring solely theoretical ideas, I argue that the Rule of Law – as it is usually defined – does not relate to private relationships and, in consequence, the nexus necessary to invoke a Rule of Law-solution in the circumstances outlined in the books is absent.

Type
Reviews Symposium
Information
International Journal of Law in Context , Volume 17 , Special Issue 1: Celebration of Peter Fitzpatrick and his Scholarship , March 2021 , pp. 154 - 159
Copyright
Copyright © The Author(s), 2021. Published by Cambridge University Press

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