Abstract

This chapter examines Waldron's compelling case for the importance of procedures to develop an argument for a more substantive understanding of the rule of law. In expanding this argument, the chapter explains that Waldron's appeal to dignity as the moral basis of procedures commits him to an account of substantive guarantees. In addition, the chapter elaborates on Waldron's notion of dignity—a substantive value in itself—as respect for “active intelligence.” When dignity is theorized in this way, it will be much easier to understand the relationship between the rule of law's substantive values and their substantive implications. This fleshed out conception more clearly distinguishes between the concept of the rule of law and the ideal of democratic self-rule as it adds nonarbitrary treatment to the concept of dignity.

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