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Objectivity and the Rule of Law by Matthew H. Kramer|
“Litigants obey the verdict of a tribunal [as just] solely on the premise that there is an objective rule of conduct, which they both accept” (AS 143).
“That which cannot be formulated into an objective law, cannot be made the subject of legislation—not in a free country, not if we are to have ‘a government of laws and not of men’. An undefineable law is not a law, but merely a license for some men to rule others” (“Vast Quicksands” 1963).
“The retaliatory use of force requires objective rules of evidence to establish that a crime has been committed and to prove who committed it, as well as objective rules to define punishments and enforcement procedures. . . . / A government is the means of placing the retaliatory use of physical force under objective control—i.e., under objectively defined laws” (“The Nature of Government” 1963).
In the 1970’s while my partner was in law school, I opened a good many of his books. Two sterling works he had from a jurisprudence class were The Concept of Law by H. L. A. Hart and The Morality of Law by Lon L. Fuller. I studied them carefully.
Last week I was delighted to come across this 2007 work OBJECTIVITY AND THE RULE OF LAW by Matthew H. Kramer. It is from Cambridge University Press. Here is some of the Table of Contents:
I. DIMENSIONS OF OBJECTIVITY
Types of Objectivity (ontological, epistemic, semantic)
Objectivity qua Mind-Independence (weak-strong
Objectivity qua Determinate Correctness
Objectivity qua Uniform Applicability
Objectivity qua Transindividual Discernibility
Objectivity qua Impartiality
Objectivity qua Truth Aptitude
II. ELEMENTS OF THE RULE OF LAW
Of the Essence of Law
Governance by General Norms
Against Conflicts and Contradictions
Steadiness over Time
Congruence between Formulation and Implementation
The Rule of Law as a Moral Ideal
III. OBJECTIVITY AND LAW'S MORAL AUTHORITY