About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

43 Ga. L. Rev. [i] (2008-2009)

handle is hein.journals/geolr43 and id is 1 raw text is: GEORGIA LAW REVIEW VOLUME 43 FALL 2008 NUMBER 1 ESSAY The Concept and the Rule of Law .............. Jeremy Waldron 1 This Essay explores and connects two issues: (1) the relation between the Rule of Law (or legality) and the work we do in general jurisprudence on the concept of law; and (2) the distinction between conceptions of the Rule of Law that emphasize certainty, rules, and predictability and conceptions of the Rule of Law that also emphasize procedure and argument, even when legal argumentation detracts from the certainty emphasized the first set of conceptions. First, the Essay argues in favor of a more demanding understanding of what law it (informed by the ideal of the Rule of Law); in other words, it argues against versions of casual positivism that take almost any instance of centralized command and control as a legal system. Second, it argues in favor of a procedural and argumentative conception of the Rule of Law. It connects the two arguments by observing that casual positivism is commonly associated with an impoverished rule-oriented understanding of the Rule of Law. Finally, following the work of Ronald Dworkin and Neil MacCormick, it suggests that a jurisprudence that emphasizes the role of legal argumentation and the institutions that sponsor it, will inevitably bring our conceptions of law and our conceptions of legality very close together. ARTICLES Securities Class Actions as Pragmatic Ex Post Regulation ...... Elizabeth Chamblee Burch 63 Securities class actions are on the chopping block--again. Traditional commentators continue to view class actions with suspicion; they see class suits as nonmeritorious byproducts of self-interest and the attorneys who bring them as rent-seekers. This approach has popularized securities class actions' negative effects. High-profile commissions capitalizing on this rhetoric, such as the Committee on Capital Markets Regulation, have recently recommended

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most