Santa Clara Law Review Volume 61 Number 2 Article 3 6-3-2021 The Rule of Law: A Necessary Pillar of Free and Democratic Societies for Protecting Human Rights Bessler, John D. Follow this and additional works at: https://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation John D. Bessler, The Rule of Law: A Necessary Pillar of Free and Democratic Societies for Protecting Human Rights, 61 SANTA CLARA L. REV. 467 (2021). This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized editor of Santa Clara Law Digital Commons. For more information, please contact
[email protected]. THE RULE OF LAW: A NECESSARY PILLAR OF FREE AND DEMOCRATIC SOCIETIES FOR PROTECTING HUMAN RIGHTS John D. Bessler* This essay traces the history and development of the concept of the Rule of Law from ancient times through the present. It describes the elements of the Rule of Law and its importance to the protection of human rights in a variety of contexts, including under domestic and international law. From ancient Greece and Rome to the Enlightenment, and from the American and French Revolutions to modern times, the Rule of Law has played a key role in societies around the world. The essay discusses definitions of the Rule of Law, its origins, and its development over time, including in Europe, America’s founding period, and the post–World War II era. In particular, the essay discusses the intellectual contributions of historical figures such as the Italian criminal-law theorist Cesare Beccaria, the French jurist, Baron de Montesquieu, and American revolutionaries who played major roles in laying the now centuries-old foundation for the development of the modern-day Rule of Law concept (i.e., in drafting early American constitutions and laws, including the U.S.