On December 14, a symposium titled Law’s Rule, co-organized by the Institute of Advanced Studies in Humanities and Social Sciences (IAS) and the Faculty of Law (FLL), was successfully held. Discussants for this event are Professor Gerald J. Postema from the University of North Carolina of Chapel Hill, Professor Jinghui Chen from Renmin University of China, Professor Michihiro Kaino from Doshisha University, Professor Xingzhong Yu, Professor Bing Shui and Professor Xiaobo Zhai from the University of Macau.
At the beginning of the symposium, Professor Postema discussed the motivation behind his book Law’s Rule, emphasizing the importance of engaging with differing perspectives on the rule of law. He outlined the challenges posed by artificial intelligence, big tech, and international law to the concept of the rule of law. By encouraging a thoughtful exploration of these issues, he highlighted the need for constructive dialogue and critical thinking in advancing this discourse.
Professor Kaino’s discussion related to accountability among private individuals in Asian countries including Japan, emphasises the need for authority. He also explored cultural influences on legal practices, advocating for mutual accountability and improving the mechanism of institutions to ensure the rule of law. The discussion also explored concerns regarding balancing individual interests with societal responsibilities within the framework of mutual accountability.
Professor Chen’s insightful analysis of The Opposites of the Rule of Law emphasized that the rule of law entails obedience and governance by law. He highlighted the importance of law in constraining arbitrary power and discussed the distinction between positive law and good law. He challenged the notion of law, asserting that the rule of law is about laws constraining arbitrary power.
Professor Shui explored the concept of power from both public and private perspectives, underscoring its influence in shaping relationships and interactions within societal frameworks. By examining elements such as capacity, relational aspects, and diverse characteristics of power, he highlighted the nuanced complexity of power dynamics in governance, societal structures, and personal relationships.
The symposium highlighted the complexity and richness of the concept of the rule of law and introduced new ideas, which prompted further study and development in this field.
