The Rule of Law and Jury Trials
Date
2023-04-06
Authors
Journal Title
Journal ISSN
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Publisher
Stance: An International Undergraduate Philosophy Journal
Abstract
In The Rule of Law in the Real World, Paul Gowder presents a new account of the rule of law based on three conditions: publicity, regularity, and generality. In this essay, I examine two closely related questions that are prompted by Gowder’s version of the rule of law. First, does the rule of law require citizens to follow the law? Second, what does Gowder’s account mean for jury nullification? I argue that the rule of law does not require citizens to follow the law, but it does prohibit jury nullification. A discussion of some moral implications and objections follow.
Description
This article was originally published in Stance: An International Undergraduate Philosophy Journal. The version of record is available at: https://doi.org/10.33043/S.16.1.72-83. Copyright (c) 2023 Raymond Peters
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Citation
Peters, Raymond. 2023. “The Rule of Law and Jury Trials”. Stance: An International Undergraduate Philosophy Journal 16 (1):72-83. https://doi.org/10.33043/S.16.1.72-83.