La multiformità della rule of law e il fattore umano

Abstract

In an era of crisis in international law and institutions, as well as democracy, the fight to strengthen the rule of law becomes crucial, given its goal of combating arbitrariness. Awareness of its importance for human development is attested by the 2030 Agenda, which has included the implementation and strengthening of the rule of law as its sixteenth sustainable development goal. On the one hand, the book aims at addressing the persistent doubts regarding the content, status, and scope of the rule of law, which is a complex and multifaceted ideal not exhaustively tied to the means used to implement it. The rule of law can be modulated differently in relation to the multifaceted nature of arbitrariness—political, social, and economic. On the other hand, it proposes a strategy to strengthen the rule of law, working on the other side of the coin compared to the institutional dimension: the contribution of men and women, jurists and citizens. It is not a question of reversing the superiority of the rule of law over the rule of men and women, but of understanding that the human factor is as necessary as a good institutional architecture. To achieve the purpose of the rule of law, everyone must understand how to resist arbitrariness and act accordingly.