The Value of a Procedural Rule of Law: A Pragmatist Interactional Theory

In this chapter, I argue that by combining the idea of interactional law with a broader philosophical theory of pragmatism, a number of aspects of a procedural rule of law can be given more adequate attention. First, pragmatist interactionism gives a richer account of the substantive importance of procedure, showing why and how respect for individual well-being is central. Second, pragmatist interactionism gives a particular elaboration of the function of the rule of law. In a pragmatist theory, reasoning about law is consequentialist: principles and values are evaluated in terms of their consequences. With regard to the rule of law, this implies that it is assessed in light of its meaning for law in society. Third, I believe pragmatist interactionism can be used to argue for a specific set of rule of law values that provide normative guidance in more concrete contexts.