Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

1 results

  • Chapter 4 - Publicity and the Rule of Law

  • Brian Kogelmann, University of Maryland, College Park
  • Book:
    Secret Government
    Published online:
    04 November 2021
    Print publication:
    11 November 2021, pp 95-113

  • Summary

    Nearly all legal theorists agree that publicity is a key component of the rule of law, but they disagree over what this means. Some mean that persons must know the body of law they are subject to; others say that persons must simply be able to access what the law requires of them, even if they remain completely ignorant of it. Both accounts of legal publicity are deeply flawed, I argue. After establishing this, I develop a new way of understanding what legal publicity means. Legal publicity is not about persons knowing the law or having access to it. Rather, it’s about when persons are held accountable for violating the law. Publicity demands that persons be held accountable for violating a law only if they were aware this law regulated their conduct. This novel account of legal publicity revolutionizes how we should think about the rule of law and also how we should design our legal institutions.