Abstract
Discussions of Nazi law tend to centre upon Fuller’s desiderata of the rule of law. Whilst not disputing this connection, this essay argues that tyranny and oppression are marked by the (ab)use of law to invade the domain proper to individual moral thinking, and to transform citizens into models of conformity to whatever values the tyrant cherishes. Its main consideration is how a community can recover from periods of tyranny, and how the law can recover its dignity having shown itself capable of evil uses. So, it is focused more on ‘substantive’ rather than ‘procedural’ morality.
| Original language | English |
|---|---|
| Journal | Canadian Journal of Law and Jurisprudence |
| Early online date | 10 Feb 2025 |
| DOIs | |
| Publication status | E-pub ahead of print - 10 Feb 2025 |
Bibliographical note
Kind email from Nigel Simmonds (Cambridge):Dear Sean
Many thanks for this. Your essay is a wonderfully thoughtful and thought-provoking piece: so different from the superficial pap that now passes for jurisprudence and receives applause. I think I agree with almost everything that you say, but I need to think much more about it.
I would especially like to thank you for having read my own work so carefully. I leave a lot of my work understated because one always hopes for a good reader who can weigh the significance of what one says and understand what one has left unsaid. But such careful readers are rarely found, especially at the present day. You are the most careful and serious of readers that any author could wish for, and your evident seriousness and gravitas command similar attention from your reader. I am sure that your essay will repay careful re-reading.
All the best,
Nigel
Keywords
- tyranny
- justice
- rule of law
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