rule of law, theories of law, legal theory, natural law, cognitive epistemology, F. A. Hayek, coordination thesis
This paper presents an assessment of current theories of law and their continuing failure to account in a convincing way for the rule of law as an ideal that guides and reassures modern democratic societies. It then explores the possibility that emerging understandings of human evolution and brain function may help us understand the process of convention making in a way that could reveal the underlying moral and epistemological context of law and allow us to identify a complete set of standards for the rule of law in human societies.
BYU ScholarsArchive Citation
Reynolds, Noel B., "Why we don't understand the rule of law" (2009). Faculty Publications. 1470.
Family, Home, and Social Sciences
Copyright held by Noel B. Reynolds The paper was presented to the October 2009 meeting of the Thursday Group, a faculty seminar sponsored by the BYU Political Science Department
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