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It is completely absurd to suggest that a despotic government has no concept of the rule of law, but rests rather on the caprice of the ruler . . . The despotically governed state often does reflect a sort of concept of rule of law as a basis of its state order. Denying it the character of a legal order is thus a cheapening of the analysis, a sort of natural-law naïveté or exaggeration . . . What some may see as arbitrariness, others will see as the lawful authority of the autocrat, his right to seize all decision-making to himself, to dictate to the subordinated organs without limitation how they are to behave and dispose of matters, and to stipulate to them or to modify the norms they are to apply, with general or specific levels of applicability. But such a state is also a sort of state of law, even if severely disadvantaged . . . The drive in a modern rule-of-law state for a dictatorship provides evidence of this.
–Hans Kelsen, Allgemeine Staatslehre pp. 335-36 (1925) (S.H. transl.) (Hans Kelsen describes the theory of the Unitary Executive, and locates it properly in the bossom of despotic state theory, and as a step on the way to dictatorship).
More from Scott Horton:
No Comment — November 4, 2013, 5:17 pm
An expert panel concludes that the Pentagon and the CIA ordered physicians to violate the Hippocratic Oath
No Comment — August 12, 2013, 7:55 am
How will the Obama Administration handle Edward Snowden’s case in the long term?
No Comment — July 29, 2013, 11:36 am
Is it possible to simply disband the partisan FISA court?
Chances that a deep breath inhaled today will contain a molecule from Julius Caesar’s dying breath:
Innumeracy: Mathematical Illiteracy and Its Consequences, by John Allen Paulos, Hill and Wang (N.Y.C.)
The earth once had three moons; the two lost moons may have crashed into the surviving moon, or been sucked into the sun, or flung out of the solar system to drift through deep space.
In Florida, an 87-year-old World War II veteran flying touch-and-go drills in a Cessna collided with an airborne skydiver. “There was a ‘woof’ sound,” said a witness, “like falling on your face into your pillow.”
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“American politics has often been an arena for angry minds.”