Restoring trust in the rule of law

    Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-review

    Abstract

    The law as an abstract system of rules establishes the conditions under which people in large societies can live together in peace. This is not because they all have personal trust in each other (which is obviously impossible to establish) but because they trust that living up to the rules is what normally can be expected and will be approved – and also that contraventions will be disapproved or retaliated against. This embryonic rule of law was and is the condition for any sustainable society that is too large to know each other personally. The recognition of human rights and the constitutional setup of democracies based on equal citizenship create the context for mutual trust in the rule of law. Terrorism, at least ideologically motivated all-out terrorism as we have seen it since the beginning of this century, is different: different both in its goals and in its methods, which determine each other. Its goal is to undermine trust in the rule of law in a way that is decisive for the future of the affected societies. And that might happen, regrettably, partly because some political responses to terrorism, while presenting themselves as firmly opposed to terrorism, actually give way to a destruction of trust in the rule of law. That happens when they, on their turn, also renounce the common pedigree of democracy and rule of law, arguing that the war against terrorism requires exceptional measures. The best possible, principled but also practical response to terrorism as well as to non-violent centrifugal forces can be clear: do not give up promoting the inclusive ideal of a constitution and rule of law for all.
    Original languageEnglish
    Title of host publicationHuman dignity and human security in times of terrorism
    PublisherT.M.C. Asser Press | Springer
    Publication statusAccepted/In press - Jan 2018

    Publication series

    NameTilburg Law School Legal Studies Research Paper Series
    PublisherTilburg Law School
    Number2
    Volume12

    Fingerprint

    constitutional state
    terrorism
    democracy
    society
    constitution
    peace
    citizenship
    human rights
    Law

    Cite this

    Hirsch Ballin, E. (Accepted/In press). Restoring trust in the rule of law. In Human dignity and human security in times of terrorism (Tilburg Law School Legal Studies Research Paper Series; Vol. 12, No. 2). T.M.C. Asser Press | Springer.
    Hirsch Ballin, Ernst. / Restoring trust in the rule of law. Human dignity and human security in times of terrorism. T.M.C. Asser Press | Springer, 2018. (Tilburg Law School Legal Studies Research Paper Series; 2).
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    Hirsch Ballin, E 2018, Restoring trust in the rule of law. in Human dignity and human security in times of terrorism. Tilburg Law School Legal Studies Research Paper Series, no. 2, vol. 12, T.M.C. Asser Press | Springer.

    Restoring trust in the rule of law. / Hirsch Ballin, Ernst.

    Human dignity and human security in times of terrorism. T.M.C. Asser Press | Springer, 2018. (Tilburg Law School Legal Studies Research Paper Series; Vol. 12, No. 2).

    Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-review

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    Hirsch Ballin E. Restoring trust in the rule of law. In Human dignity and human security in times of terrorism. T.M.C. Asser Press | Springer. 2018. (Tilburg Law School Legal Studies Research Paper Series; 2).