On Law and Utopia: Rules vs. Principles? A Comment on Avilés' Reply
Utopian Studies, Vol. 14, p. 143, 2003
9 Pages Posted: 6 Sep 2009 Last revised: 24 Sep 2009
Date Written: 2003
Abstract
This essay presents literary representations dealing with the presence of law and adjudication in an ideal society.
The rule of law is presented in the paper as capable of being premised on principles, rather than solely on code-like positivistic rules.
The struggle for the rule of law, as the rule of legal principles, is at the core of the two Utupian stories presented here - the Hebrew legend "Alexander of Macedonia and the King of Kasia", and Agnon's story "With Righteousness Shall He Judge the Poor".
Keywords: Utupia, adjudication, The rule of law, law and literature
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