The Messianic thought of the rule of law

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  • Antoni Abat Ninet
The first segment starts with a definition of two dimensions of the concept of rule of law; related to the notion of sovereignty and as a concept to control arbitrariness on the part of the ruler. The segment proceeds to give a historical account of the notion and the different stages of its epistemological configuration, from the ancient Greek notion of Eunomia and its incompatibility with the popular rule to the current notion, where the rule of law has become fused with democracy and human rights. The first segment also focuses on the relation between the concept of the rule of law and other principles, such as proportionality, neutrality, and effectiveness.
The second segment of the paper analyses the phenomenon of juridification of the rule of law in international treaties and domestic constitutions. It pays particular attention to the role that constitutional accommodation plays in the process of rationalization of the rule of law as a prerequisite to its idealization and mystification. It analyses the reason why this principle is an essential feature of the constitutionalism despite the inner plurality of legal systems.
The next aspect, analysed in the third segment of this paper, is the messianic use of the concept of the rule of law. The paper performs a critical definition of messianic, covering a theological perspective and the different theories and concepts that go hand in hand with the idea of the Messiah, such as the “coming”, prophetical and apocalyptical messianism, the phenomena of eschatology, expiation and redemption pictured in Judaism. The segment also covers the secular transplantation of the messianic thought. The last segment is a conclusion returning to the themes identified in the paper and summarises how the messianic thought is applied in the realm of the rule of law.
Original languageEnglish
JournalPhilosophia
Volume47
Issue number3
Pages (from-to)733–755
Number of pages23
ISSN0048-3893
DOIs
Publication statusPublished - 2019
EventInternational Conference, 20-22 November, 2016 Rule of Law – Religious Perspectives: Journal of Law, Religion and State - Bar-Ilan University, Ramat Gan, Israel
Duration: 20 Nov 201623 Oct 2017

Conference

ConferenceInternational Conference, 20-22 November, 2016 Rule of Law – Religious Perspectives
LocationBar-Ilan University
CountryIsrael
CityRamat Gan
Period20/11/201623/10/2017

ID: 198268232