JSI Seminar - Well-tempered power: ‘A cultural achievement of universal significance’
Julius Stone Institute of Jurisprudence (JSI), University of Sydney Law School
Date: 9 May 2024  
Time: 6.00-7.30pm (AEST) 
Location: Common Room, Level 4, Sydney Law School, New Law Building (F10), Eastern Avenue, The University of Sydney (Camperdown Campus)

According to Laurent Pech, the rule of law was described as a “‘buzzword’ by [Hungary’s] justice minister; a fiction by a Fidesz MP; and a ‘magic word’ by the Fidesz-KDNP Delegation to the European Parliament. Not to be undone, a judge from Hungary’s (captured) constitutional court, has presented the rule of law ‘as a normative yardstick’ which is little more than an empty nineteenth century ideal and a political joker [sic] for all purposes.” In contrast, the English historian, E.P. Thompson, notoriously and controversially called the rule of law ‘a cultural achievement of universal significance.’ Martin Krygier, Gordon Samuels Professor of Law and Social Theory, UNSW Sydney, agrees with Thompson. Each word in that phrase, Professor Krygier seeks to demonstrate, deserves emphasis and respect.

However, it makes a huge difference what one takes the rule of law to be about. What is universal is the notion and realisation of a state of affairs in which power is reliably tempered so as not to be available for arbitrary abuse. It is that which is a cultural achievement of universal significance. It is a mistake to identify it, as so many do, with any allegedly canonical arrangement of forms and institutions and rules that are enlisted or assumed to embody it.

For more information, and to register, click here.