Martin Krygier and the Tempering of Power

Abstract

This piece reflects rather admiringly on the methods and conceptual framework of Martin Krygier’s various contributions to our understanding of the rule of law. It examines his use of the idea of the telos of the rule of law, contrasting it with the approaches of theorists who seek to analyse the essence or ‘anatomy’ of the rule of law idea or of law itself. It then examines his notion of how the rule of law should be understood as the tempering of power. Largely agreeing with Krygier’s conception, the essay nevertheless suggests that the project might be improved by focusing on the telos or social functions of law rather than those claimed to be immanent in the rule of law. It also nudges Krygier to deepen the metaphor of tempering by clarifying the relationship between the rule of law and other key concepts such as liberty, human rights, and democracy.