Introduction to Virtues and the Rule of Law

Amalia Amaya, Lucia Corso and Isabel Trujillo

A chapter in Virtues and the Rule of Law, 2026, pp 1-7 from Edward Elgar Publishing

Abstract: While contemporary scholarship has revitalised debates on its meaning and scope, the rule of law remains under strain in many constitutional democracies. This introduction advances a reconceptualisation of the rule of law focusing on its subjective side. The editors argue that rules, procedures, and institutions, though necessary, are insufficient without the appropriate skills and virtues of the agents who enact and sustain them. The volume explores how the rule of law can be understood not merely as an institutional framework but as an institutional ethos grounded in the character, judgement, and practical qualities of legal actors and citizens alike. It asks whether virtues should be seen as external moral constraints or as internal, constitutive features of legal practice. Structured in three parts – historical foundations, theoretical accounts of institutional virtues, and role-based applications – the book examines how virtues such as reflexivity, fidelity, moderation, and phronesis contribute to resisting arbitrariness and strengthening democratic resilience.

Keywords: Rule of Law; Virtue Jurisprudence; Institutional Ethos; Practical Wisdom; Arbitrariness; Legal Practice (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035398072
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