This paper explores how a conception of the rule of law (embodied in a variety of legal and political institutions) came to af rm itself in the world of the ancient Greek city states. It argues that such a conception, formulated in opposition to the arbitrary rule of man, was to a large extent consistent with modern ideas of the rule of law as a constraint to political power, and to their Fullerian requirements of legal formality, as well as to requirements of due process. Section 2 analyses how this ideal was formula- ted in the Archaic period, and how it became a key feature of Greek identity. Section 3 argues that in the fth and fourth centuries BCE it came to be used as the measure of the legitimacy of Greek political systems: democracy and oligarchy, as they engaged in an ideological battle, were judged as legitimate (and desirable) or illegitimate (and undesirable) on the basis of their conformity with a shared ideal of the rule of law. Then as now, to quote Tamanaha, ‘the rule of law’ was ‘an accepted measure worldwide of government legitimacy’.
|Journal||Revista Jurídica de Buenos Aires|
|Publication status||Published - 31 Dec 2017|