Author(s): ZHENG Yu-shuang
Pages: 76-84
Year: 2014 Issue:  2
Journal: Journal of Nanjing Normal University(Social Science Edition）
Keyword:  rule of law; legality; criteria; doctrinal concept; interpretive concept;
Abstract: In order to provide an appropriate interpretation of the ideal of rule of law,we need to distin-guish the political sense and the doctrinal sense of the notion. Rule of law in the doctrinal sense takes law as an autonomous normative practice rather than an instrument of political action. A proper theory of rule of law ought to present a complete view on legality. The conceptual analysis of legality should dis-tinguish the criterial sense and the doctrinal sense of the concept. The theories that Hart and Fuller de-veloped focus on the criterial sense of legality,but ignore the deeper connection between the law and the value world. Dworkin developed the interpretive concept of law and made the functions of law present both the criterial sense and the doctrinal sense of legality. This theory of the rule of law builds a sub-stantial connection between legal system and political morality,and thus is more appealing theoretically.