TY - JOUR

T1 - The history of the rule of law

AU - Holterhus, Till Patrik

N1 - Publisher Copyright: © koninklijke brill nv, leiden, 2018.

PY - 2018/10/10

Y1 - 2018/10/10

N2 - The article discusses the historical development of the rule of law’s basic principles. While indications of societies governed by law can be traced back to early civilizations in ancient Mesopotamia, what today is understood as the rule of law, is, however, a remarkable and continuous historical ascendency of a theoretical concept forged in the century-lasting struggle of subjecting governmental powers to law. Applying a broad perspective, the article first assesses the rule of law’s early antecedents in ancient Sumer, Babylonia, Rome, and Athens. It then examines the rule of law’s theoretic foundations in the Middle Ages and the concept’s advancements through the Enlightenment-fostered intellectual and religious revolutions. Finally, against this background, it takes a particular look at the rule of law’s consolidation, advancement, and proliferation in the 19th and 20th centuries.

AB - The article discusses the historical development of the rule of law’s basic principles. While indications of societies governed by law can be traced back to early civilizations in ancient Mesopotamia, what today is understood as the rule of law, is, however, a remarkable and continuous historical ascendency of a theoretical concept forged in the century-lasting struggle of subjecting governmental powers to law. Applying a broad perspective, the article first assesses the rule of law’s early antecedents in ancient Sumer, Babylonia, Rome, and Athens. It then examines the rule of law’s theoretic foundations in the Middle Ages and the concept’s advancements through the Enlightenment-fostered intellectual and religious revolutions. Finally, against this background, it takes a particular look at the rule of law’s consolidation, advancement, and proliferation in the 19th and 20th centuries.

KW - Law

KW - Rule of Law

KW - Western Legal Tradition

KW - Enlightment

KW - Social Contract

KW - Declaration of the Rights of man and of the citizens

KW - Constitutionalism

KW - Rule of Law Promotion

KW - Constitutionalization in Internatinal Law

UR - http://www.scopus.com/inward/record.url?scp=85161081797&partnerID=8YFLogxK

UR - https://www.mendeley.com/catalogue/05af7d1d-0887-3dbe-b3e0-c69bb8020de7/

U2 - 10.1163/13894633_021001015

DO - 10.1163/13894633_021001015

M3 - Journal articles

VL - 21

SP - 430

EP - 466

JO - Max Planck yearbook of United Nations law

JF - Max Planck yearbook of United Nations law

SN - 1389-4633

IS - 1

ER -