The Magna Carta and the Contemporary Rule of Law Problem

Abstract

This Article seizes upon the 800th anniversary of the Magna Carta to draw attention to important problems associated with the contemporary rule of law. In particular, the Article discusses the rule of law as a systematically undersupplied public good. The Article then notes the insufficiency of standard incentive-based responses to rule of law problems. The Article considers finally the idea of ‘faithfulness’ in the law, and the role of civic and personal virtues in appropriately sustaining the rule of law.

Keywords: Magna Carta, rule of law, law of the land, due process, public goods, prisoner's dilemma, tragedy of the commons, madness, faithfulness, virtues