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LegitimacyThe State and Beyond$
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Wojciech Sadurski, Michael Sevel, and Kevin Walton

Print publication date: 2019

Print ISBN-13: 9780198825265

Published to Oxford Scholarship Online: May 2019

DOI: 10.1093/oso/9780198825265.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 August 2021

The Rule of Law and State Legitimacy

The Rule of Law and State Legitimacy

(p.106) VI The Rule of Law and State Legitimacy

Martin Krygier

Oxford University Press

This chapter, on the rule of law and state legitimacy, begins by pointing out that how the rule of law contributes to state legitimacy turns on how the rule of law is understood. It recommends looking first to the point of the rule of law, which is, it suggests, to temper the arbitrary exercise of power. The chapter suggests that such tempering is something without which a state cannot be legitimate. It then insists that the rule of law does not depend simply on the formal rules and procedures of states, but also on the actual and the perceived functioning of those rules and procedures, on tempering both state and non-state arbitrariness, and on being effective.

Keywords:   legitimacy, rule of law, state, arbitrariness, power, effectiveness

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