Document Type


Publication Date

Fall 2010


Mary Ellen O'Connell, Eric Posner


International Law | Jurisprudence | Rule of Law | Transnational Law


I take two recent monographs on international law – Mary Ellen O’Connell’s "The Power and Purpose of International Law," and Eric Posner’s "The Perils of Global Legalism," as case studies in a more general inquiry into the role of the "rule of law" ideal in domestic and international law. I argue that international and domestic law alike give varyingly explicit and effective expression to the rule of law ideal, and that the task before us is accordingly steadily to improve their effectiveness in so doing, not to pretend that there is no role for this ideal to play in interpreting and advancing international legality.

Publication Citation

Published in: ILSA Journal of International & Comparative Law, vol. 17, no. 1 (Fall 2010).