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FOR YOUR BOOKSHELF | Paul Gowder’s The Rule of Law in the Real World (Cambridge University Press, 2016)
People often refer to the rule-of-law concept: no one is above the law and the law should be applied even-handedly. John Kennedy declared, “Certain other societies may respect the rule of force—we respect the rule of law.” Margaret Thatcher observed, “In order to be considered truly free, countries must ... have a deep love of liberty and an abiding respect for the rule of law.” Dwight Eisenhower warned, “The clearest way to show what the rule of law means to us in everyday life is to recall what has happened where there is no rule of law.”
At a time when this concept is in jeopardy in many countries, I recommend Paul Gowder, The Rule of Law in the Real World. Gowder argues the rule of law does not necessarily rely on a western legal tradition or on particular types of institutions; instead, it depends on those the law protects being committed to defending the concept. Gowder explains why the rule of law is so important. He formulates a sophisticated, original theory of the concept, and then applies it to particular problems.
In Gowder’s formulation, states complying with the rule of law must satisfy three conditions: regularity, publicity, and generality. By regularity he means officials should employ the state’s coercive power only “when authorized by good faith and reasonable interpretations of preexisting reasonably specific, legal rules.” By publicity Gowder suggests that ordinary people should be able to learn the rules and officials should explain how the rules applied to individual cases. By generality Gowder suggests that laws and official discretion in applying them ought to be tied to valid public purposes, not to personal score-settling or “untrammeled whims.” Legal institutions should guard against hubris, officials behaving as if they are a superior class.
Gowder’s book is challenging, provocative, packed with ideas. Few will agree with all of Gowder’s analysis, but fewer still will come away from a close reading of the book without fresh insights on an issue of political philosophy that many will find timely and troubling in an age in which power is too often exercised in unaccountable ways.
Recommended by Michael R. Fowler, JD, professor of political science at the University of Louisville.
Professor Fowler leads negotiation simulations for the McConnell Center's Strategic Broadening Seminar for the U.S. Army.
Views expressed here are those of the author and not necessarily those of the McConnell Center. This recommendation is part of the McConnell Center's Meditations publication series for soldiers and students in our Strategic Broadening Seminar. SUBSCRIBE to our newsletter.