The foundations of the rule of law

Formal conceptions of the rule of law are popular among contemporary legal philosophers. Nonetheless, the coherence of accounts of the rule of law committed to these conceptions is sometimes fractured by elements harkening back to substantive conceptions of the rule of law. I suggest that this may be because at its origins the ideal of the rule of law was substantive through and through. I also argue that those origins are older than is generally supposed. Most authors tend to trace the ideas of the rule of law and natural law back to classical Greece, but I show that they are already recognisable and intertwined as far back as Homer. Because the founding moment of the tradition of western intellectual reflection on the rule of law placed concerns about substantive justice at the centre of the rule of law ideal, it may be hard for this ideal to entirely shrug off its substantive content. It may be undesirable, too, given the rhetorical power of appeals to the rule of law. The rule of law means something quite radical in Homer; this meaning may provide a source of normative inspiration for contemporary reflections about the rule of law.

Water management in Minoan Crete, Greece: the two cisterns of one Middle Bronze Age settlement

The two earliest structures of Minoan Crete that may be considered as large cisterns were both built in the first half of the second millennium BC (the time of the first Minoan palaces) at Myrtos-Pyrgos (lerapetra). A considerable feat of engineering and social management, they remain a most unusual attribute of a Minoan settlement, all the more so since the Myrtos river is/was available to supply water at the foot of the hill of Pyrgos. This paper presents these cisterns, briefly, in terms of geology and technology, the history of their use and re-use, and their relevance to understanding the culture and society (at local and regional levels) of Crete in the time of the Old Palaces, as well as their possible contribution to the political and military history of the period. I then review possible precursors of, and architectural parallels to, the Pyrgos cisterns at Knossos, Malia and Phaistos (none of which has been proved to be a cistern), and the later history of cisterns in Bronze Age Crete. Since only three others are known (at Archanes, Zakro and Tylissos, of Late Bronze Age date), the two cisterns of Myrtos-Pyrgos are an important addition to our still rudimentary knowledge of how the Bronze Age Cretans managed their water supplies.