Skip to main content Accessibility help
×
Hostname: page-component-74656f9884-g96k6 Total loading time: 0 Render date: 2026-11-09T18:26:03.109Z Has data issue: false hasContentIssue false

3 - False Starts

from Part II - Approaches

Published online by Cambridge University Press:  08 July 2026

Martin Krygier
Affiliation:
University of New South Wales, Sydney (UNSW Sydney)
Get access

Summary

This chapter introduces and criticises the common underlying features of mainstream approaches to the rule of law. However much they differ from each other, they have two unfortunate features in common. First, they all are responses to a prematurely posed question – what is the rule of law? Second, conventional answers – notwithstanding their many differences from each other – are drawn from within a common, narrowly and legalistically conceived, frame of options. They start by trying to delineate the legal anatomy of the rule of law rather than ask after what sort of problem it is supposed to solve. The chapter criticises this sort of approach wholesale rather than trying to choose retail between one or other examples on offer. The ingredients of a solution depend on what they do to help solve the problem. They cannot be read off from some preconceived list of legal forms and institutions. For, however intelligent and insightful any particular anatomical answers might be, they begin with the wrong question, and so their answers – some extremely intelligent – are, to real if varying extents, beside the point, and they suffer from seven characteristic weaknesses.

Information

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Book purchase

Temporarily unavailable

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • False Starts
  • Martin Krygier, University of New South Wales, Sydney (UNSW Sydney)
  • Book: Tempering Power
  • Online publication: 08 July 2026
  • Chapter DOI: https://doi.org/10.1017/9781009775311.005
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • False Starts
  • Martin Krygier, University of New South Wales, Sydney (UNSW Sydney)
  • Book: Tempering Power
  • Online publication: 08 July 2026
  • Chapter DOI: https://doi.org/10.1017/9781009775311.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • False Starts
  • Martin Krygier, University of New South Wales, Sydney (UNSW Sydney)
  • Book: Tempering Power
  • Online publication: 08 July 2026
  • Chapter DOI: https://doi.org/10.1017/9781009775311.005
Available formats
×