Private Law Theory

ABSTRACT
This Article draws out the implications of a conceptual distinction between the vertical and horizontal dimensions of the rule of law at domestic and international levels. The vertical dimension – which focuses on liberty and restraints on arbitrary government power – examines the top-down relationship between government officials and private actors in relation to how the ruling regime treats citizens and entities on matters of interest to the government itself. The horizontal dimension – which focuses on social ordering, security, and trust – examines the side-to-side relationship between actors in society on matters of everyday social and economic interaction. This Article outlines and fills in the implications of the vertical-horizontal framework and applies the framework to four contexts to demonstrate its potential usefulness. A theme running through the article is that scholars have unduly neglected the importance of the horizontal dimension. To help explain the horizontal dimension, I draw on the work of Classical Greek thinker Anonymous Iamblichi and on John Locke. A crucial clarification I make is that government actions must be understood differently with respect to each dimension. This Article shows the importance of attention to both dimensions.

Tamanaha, Brian Z, Vertical and Horizontal Dimensions of the Rule of Law (March 19, 2024), Washington University in St Louis Legal Studies Research Paper No 23-03-02; Emory Law Journal, Forthcoming.