El impErio dE la lEy como critErio para la lEgitimidad política En las...
This paper explores how a conception of the rule of law (embodied in a variety of legal and political institutions) came to affirm itself in the world of the ancient Greek city states. It argues that such a conception, formulated in opposition to the arbitrary rule of man, was to a large extent cons...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
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Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2017
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| Acceso en línea: | http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=juridica&cl=CL1&d=HWA_3918 https://repositoriouba.sisbi.uba.ar/gsdl/collect/juridica/index/assoc/HWA_3918.dir/3918.PDF |
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| Sumario: | This paper explores how a conception of the rule of law (embodied in a variety of legal and political institutions) came to affirm itself in the world of the ancient Greek city states. It argues that such a conception, formulated in opposition to the arbitrary rule of man, was to a large extent consistent with modern ideas of the rule of law as a constraint to political power, and to their Fullerian requirements of legal formality, as well as to requirements of due process. Section 2 analyses how this ideal was formulated in the Archaic period, and how it became a key feature of Greek identity. Section 3 argues that in the fifth and fourth centuries BCE it came to be used as the measure of the legitimacy of Greek political systems: democracy and oligarchy, as they engaged in an ideological battle, were judged as legitimate (and desirable) or illegitimate (and undesirable) on the basis of their conformity with a shared ideal of the rule of law. Then as now, to quote Tamanaha, 'the rule of law' was 'an accepted measure worldwide of government legitimacy'. |
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