By Mike Koetting June 18, 2024
Over the last several years, I have realized that “the rule of law” is only secondarily related to laws. It is a lot more inchoate and contingent than anything as concrete as a law. At root, it is nothing more—and nothing less—than a vague agreement among a populace that they are willing to share a common project of governing under some loosely agreed upon rules, even if—indeed, because—there are other values they don’t share. Absent that agreement, no laws or no courts can make democracy work.
I suspect at any given time over the last 150 years, there were a discernible number of citizens who viewed some social error so fundamental that this agreement to govern jointly in toleration should be dissolved. But as long as the number willing to carry on was a substantial majority, the agreement sustained and bumbled on to its next crisis.
Continue reading “Are the Rule of Law’s Foundations Eroding…Or Being Dismantled?”
