Book Symposium, Gerald Postema, Law’s Rule: the Nature, Value and Viability of the Rule of Law
The ALF Center for Legal Fundamentals and IVR Serbia organized a book symposium on Prof. Emeritus Gerald J. Postema’s book “Law’s Rule: the Nature, Value and Viability of the Rule of Law” at the University of Belgrade Faculty of Law, on October 31st 2023.
Assist. Prof. Dr Nina Kršljanin, Vice-Dean for Scientific and Professional Work, greeted the symposium in the name of the Faculty of Law, and Prof. Dr Jasminka Hasanbegović gave an opening speech and introduced Professor Postema to the audience.
Afterward, Prof. Postema started his lecture by underlining the core idea of the rule of law as protection and recourse against arbitrary use of political power through the tools of law. The principles of the rule of law encompass three elements – sovereignty of law (political rule only by law), equality (availability to everyone), and fidelity (all members must hold officials accountable under the law). He then emphasized the element of fidelity as the animating spirit of the rule of law, since the idea of membership means reciprocity, mutuality, dignity and freedom, as the main values for any community. On the other hand, Prof. Postema did not neglect the institutional aspects of law’s rule. He pointed out that it must be an institutionally realized ideal, i.e. law must demand legality, constrain and sanction the exercise of ruling power through the separation of powers (horizontal accountability), civil society (vertical accountability), and a robust legal profession loyal to the rule of law. In the end of his presentation, Prof. Postema assessed the threats to the rule of law, distinguishing between acute threats (concrete violations of law, intimidation and corruption), and chronic threats – through the decay of the community ethos (apathy and alienation).
This was followed by numerous comments, questions and dilemmas given by distinguished domestic and foreign professors that highly contributed to the discussion. Comments were given in the following order by: Prof. M. Pavčnik (University of Ljubljana Faculty of Law), Prof. G. Uygur (University of Ankara Faculty of Law), Prof. emeritus K. Papageorgiou (National and Kapodistrian University of Athens School of Law), Prof. J. Hasanbegović (University of Belgrade Faculty of Law), Prof. A. Dimiškovska (Faculty of Philosophy, Ss. Cyril and Methodius University in Skopje), Prof. M. Jovanović (University of Belgrade Faculty of Law), Prof. I. Tucak (Josip Juraj Strossmayer University of Osjek Faculty of Law), Prof. I. Milinković (University of Banja Luka Faculty of Law), Prof. B. Čučković (University of Belgrade Faculty of Law), Prof. V. Voutsakis (National and Kapodistrian University of Athens School of Law), Prof. T. Gabriš (Trnava University Faculty of Law), Prof. B. Spaić (University of Belgrade Faculty of Law), Prof. N. Özdemir (Ankara University Faculty of Law).
In the end, Prof. Postema responded to the comments, while Prof. Hasanbegović thanked everyone for a great discussion on the topic of the rule of law.
Book symposium – “Law’s Rule: the Nature, Value and Viability of the Rule of Law”, by G. J. Postema
