With good reason, ours is an age in which the rule of law is a terribly important concept. We agree about law’s virtues. About democracy, not so much. This is curious, and deeply wrong. Law has no moral content: its rights and wrongs depend wholly on the content of the relevant legal rules. Democracy does have moral content: it says that, as between thuggish rulers and people in the streets of Tehran, the people in the streets are on the side of the angels. True, democratic governments are sometimes evil—but the concept of democracy places limits on those evil rulers; their rule is subject to a power they cannot control. Law is more a tool for evil rulers than a limit on them. As between democracy and law, I would think Americans of all political stripes could agree that democracy is a better and more consistent ally.
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