
Contents
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Weakness Weakness
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Subversion Subversion
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Scaffolding Scaffolding
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Soft Matter Soft Matter
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The Nature of Norms The Nature of Norms
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Norm Departures, Norm Challenges, and Responses Norm Departures, Norm Challenges, and Responses
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Erosion Erosion
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Coarsened Conscience Coarsened Conscience
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Shallow Convictions Shallow Convictions
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Narrow Horizons of Concern Narrow Horizons of Concern
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Corruption of Public Discourse Corruption of Public Discourse
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The Power of Power Lies The Power of Power Lies
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Shrinking Public Space Shrinking Public Space
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The Burdens of Conviction The Burdens of Conviction
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PART I: CONCLUSION PART I: CONCLUSION
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Cite
Abstract
This chapter concludes the work of Part I to articulate and defend a conception of the rule of law, identifying its core aim, fundamental principles, varieties of institutional realization, and circumstantial and normative limits. This chapter identifies the kinds of threats to achieving or maintaining a robust presence of the rule of law in our political communities to which the rule of law is most vulnerable. The chapter argues that law’s rule is threatened in a political community (1) when its institutions are weak or unable to respond flexibly to changes in domestic or global circumstances; (2) when political actors seek to subvert the formal institutions that realize the rule of law or the norms and practices that animate them; (3) when responses to attempts at subversion lack vigor and conviction; and (4) when the moral culture in which the ethos of fidelity exists is corrupted and public spaces in which accountability can flourish shrink. However, these threats need not succeed. The chapter explores avenues of response to subversion of norms and ways to counter erosion of a nation’s rule-of-law ethos.
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