Is Law Necessary to Defend Autonomy*

If we want to discuss the relationship between law and autonomy, we have to address the fact that it is one of the faces of the conflict between the philosophy of authority and philosophical anarchism in terms of legitimate authority and individual autonomy. In order to reach a clarified position over this controversy, there are three questions that need to be answered: What does the notion of autonomy mean? Is law a legitimate authority, if there is such thing at all? What is the impact of law on autonomy? In this essay, as there is a limited word count I should not exceed, I am going to answer these questions briefly and respectively to see at the end whether or not the law is necessary to defend autonomy. I may say that there might be a chance that law has the potential to act in such a way. However, it is not always the case.  متابعة القراءة

Process or Outcome*

I have been asked once that: is a just society one whose rules govern process rather than outcome? The question might look like a broad one when looked at in the first instance, as most of the questions that put justice and rules notions on the table for discussion are. However, when we tried to analyse it and break it down, we could reach the understanding that the question is about the rule of law in terms of whether or not it could establish a just society. It seems a very interesting question indeed. The expression ‘the rule of law’, according to Lord Bingham, was coined by A.V. Dicey in his book An Introduction to the Study of the Law of the Constitution which was published in 1885. Yet, importantly, the idea of the rule of law has been traced back to Aristotle when he said that ‘it is better for the law to rule than one of the citizens’[1]. This clearly shows how much the idea of the rule of law has been a matter of debate over the history of philosophy. Nevertheless, there is not a single definition that articulates the meaning of the rule of law that is agreed upon by philosophers and lawyers, as A.V. Dicey only has three meanings for the rule of law based on the context that the concept is used in[2]. Therefore, in response to the question, we will go beyond the technicality of the concept to discuss the conceptual idea of ​​the rule of law and its relationship with justice.  متابعة القراءة