This essay suggests that the events of the 1980s require us to update Berlin's claim that “the ‘positive' conception of freedom… has in fact, and as a matter of history, of doctrine and of practice, lent itself more easily” to political manipulation. These events prompt us not only to...

The rule of law is a key precept in public law. But it often seems to be assumed that the concept should have little traction in the private law domain, where the State is nowhere to be seen. This paper contests that assumption. Defining the rule of law as being concerned with protecting the...