The rule of law and democracy : the 12th Kobe Lecture and the 1st IVR Japan International Conference, Kyoto, July 2018

The most fundamental topics for philosophy of law in modern societies include the rule of law and democracy. It is widely accepted that both are important for good governance, but the concepts are often elusive. The rule of law and democracy sometimes compete with each other depending on their conceptions. A variety of arguments have been suggested for explaining and justifying them, but none is conclusive. It is important to give a better understanding of both conceptions and to combine them. This book contains the 12th Kobe Lecture "Fuller's Relationships" delivered by Kristen Rundle, another main lecture "The Borders of Law" delivered by Tetsu Sakurai, and the selected articles related with the rule of law and democracy that were originally presented at the 1st IVR Japan International Conference at Doshisha University (Kyoto, Japan) in 2018. Contents Preface Part 1 The 12th Kobe Lecture Fuller’s relationships Part 2 Borders and Grounds of Democracy The Borders of Law Drawing National Boundaries for Global Governance Hate Speech, Legitimacy, and Democracy A Liberal Justification of Nationalism Deliberative Democracy as Quasi-Pure Procedural Justice Procedure-Based Substantive Equality Transnational Environmental Civil Disobedience as a Catalyst for Sustainable Democracy Part 3 Rule of Law and Aspects of Jurisprudence Cultural Reality, Value-Serving, and Internal Reasons Law as an Artefact Moral Reasoning of Judges and the Rule of Law Legal Positivism and the Point of Theoretical Value-Neutrality Robert Alexy, Frederick Schauer, and the “Positivist” Theses Does Hans Kelsen’s Pure Theory of Law Support the Rule of Law and Democracy? A Particularistic Dimension of the Rule of Law On Razian Conception and a Perspective to Misrule The most fundamental topics for philosophy of law in modern societies include the rule of law and democracy. It is widely accepted that both are important for good governance, but the concepts are often elusive. The rule of law and democracy sometimes compete with each other depending on their conceptions. A variety of arguments have been suggested for explaining and justifying them, but none is conclusive. It is important to give a better understanding of both conceptions and to combine them.0This book contains the 12th Kobe Lecture "Fuller's Relationships" delivered by Kristen Rundle, another main lecture "The Borders of Law" delivered by Tetsu Sakurai, and the selected articles related with the rule of law and democracy that were originally presented at the 1st IVR Japan International Conference at Doshisha University (Kyoto, Japan) in 2018