Has the “rule of law” become a “rule of lawyers”? An inquiry into the use and abuse of an ancient topos in contemporary debates

The argument that a free society should be governed by laws rather than men is one of the oldest political topoi – one that has proven its resilience over the centuries. It was used in ancient Greece (in terms of the nomos basileus argument),1 later became part of the republican tradition in Rome, played a decisive role in modernity (as exemplified by Rousseau), powerfully shaped the constitutional struggles in England2 and the founding of the US,3 and has survived to make an appearance in discourses on the global order. Here the UN and its subsidiary organisations such as the World Bank4 mention the rule of law in connection with their efforts at establishing viable democracies, effective and legitimate international regimes, and universal respect for human rights.