The history of the rule of law
Research output: Journal contributions › Journal articles › Research › peer-review
Standard
In: Max Planck yearbook of United Nations law, Vol. 21, No. 1, 10.10.2018, p. 430-466.
Research output: Journal contributions › Journal articles › Research › peer-review
Harvard
APA
Vancouver
Bibtex
}
RIS
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 -