Hague Journal on the Rule of Law

, Volume 11, Issue 2–3, pp 493–499 | Cite as

Rule of Law and Sovereignty Outside the State

  • Jothie RajahEmail author

State Power and Complex Sovereignties

In his 2016 review essay, “The Rule of Law: Pasts, Presents, and Two Possible Futures”, Martin Krygier identifies “two venerable themes” that remain, he argues, crucial to present interrogations of rule of law (200). These are “arbitrary exercise of power and its institutionalized tempering”; themes, he notes, that are “related to each other as vexed problem and putative solution” (200). In the course of making his compelling argument for the continuing pursuit of rule-of-law ideals, Krygier produces an invaluable mapping and assessment of the ever-expanding field of rule-of-law scholarship. Situating recent analysis in relation to established thought and rule of law’s “unprecedented voguishness” (200), Krygier issues a challenge to those of us wedded to the received notion that the institutionalized tempering of power necessarily involves state power. He writes,

“If society is full of networks, nodes, fields, and orderings that have power over...



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Copyright information

© T.M.C. Asser Press 2019

Authors and Affiliations

  1. 1.American Bar FoundationChicagoUSA

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