Hague Journal on the Rule of Law

, Volume 11, Issue 2–3, pp 485–491 | Cite as

Theology of the Rule of Law

  • Mark Fathi MassoudEmail author


This article draws conceptual, genealogical, and empirical parallels between religion and the rule of law. It presents two related arguments. First, despite the rule of law’s religious roots, the attempts of modern states since the nineteenth century to regulate and stymie religious power are a key part of the rule of law’s history. Second, as a systematically developed theory of internally coherent values about a higher power, the rule of law offers an alternative to theology. Political elites, scholars, and activists invoke this theology of the rule of law as clerics would a religious discourse, for their own salvation or for the salvation of the poor and marginalized.



  1. Englard I (1987) Law and religion in Israel. Am J Comp Law 35(1):185–208CrossRefGoogle Scholar
  2. Friedman LM (1993) Crime and punishment in American history. Basic Books, New YorkGoogle Scholar
  3. Krygier M (2011) Approaching the Rule of Law. In: Mason W (ed) The rule of law in Afghanistan: missing in inaction. Cambridge University Press, CambridgeGoogle Scholar
  4. Krygier M (2016) The Rule of Law between England and Sudan: Hay, Thompson, and Massoud. Law Soc Inq 41(2):480–488CrossRefGoogle Scholar
  5. Massoud MF (2013) Law’s fragile state: colonial, authoritarian, and humanitarian legacies in Sudan. Cambridge University Press, CambridgeCrossRefGoogle Scholar
  6. Massoud MF (2018) How an Islamic state rejected Islamic law. Am J Comp Law 66(3):579–601CrossRefGoogle Scholar
  7. Massoud MF (2019) Islamic law, colonialism, and Mecca’s shadow in the horn of Africa. J Afr Relig 7(1):121–130Google Scholar

Copyright information

© T.M.C. Asser Press 2019

Authors and Affiliations

  1. 1.University of CaliforniaSanta CruzUSA

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