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Legality and the Rule of Law: An Investigation from the Doctrinal Perspective(PDF)

《南京师大学报》(社会科学版)[ISSN:1006-6977/CN:61-1281/TN]

Issue:
2014年02期
Page:
76-
Research Field:
Publishing date:

Info

Title:
Legality and the Rule of Law: An Investigation from the Doctrinal Perspective
Author(s):
ZHENG Yu-shuang
Keywords:
rule of law legality criteria doctrinal concept interpretive concept
PACS:
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DOI:
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Abstract:
In order to provide an appropriate interpretation of the ideal of rule of law, we need to distinguish the political sense and the doctrinal sense of the notion. Rule of law in the doctrinal sense takes law as an autonomous normative practice rather than an instrument of political action. A proper theory of rule of law ought to present a complete view on legality. The conceptual analysis of legality should distinguish the criterial sense and the doctrinal sense of the concept. The theories that Hart and Fuller developed focus on the criterial sense of legality, but ignore the deeper connection between the law and the value world. Dworkin developed the interpretive concept of law and made the functions of law present both the criterial sense and the doctrinal sense of legality. This theory of the rule of law builds a substantial connection between legal system and political morality, and thus is more appealing theoretically.

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Last Update: 2014-04-15