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LAW'S COMMONWEALTH Gerald J. Postema
[A] better kynde of Monorchie hathe byne by common Assent ordayned and establyshed, wherein the Prince (not by Lycentious will and Imoderate Assertions but by the Law, That is by the prudent Rules and Preceptes of Reason agreed vppon and made the Covenant of the Common Wealth) may Justly governe and commande, and the People in due obedience saeflie lyve and quyetly enioye their owne. 1
Power, for purposes of this discussion, is a capacity to influence or control the practicaldecisions or actions of rational, self-directing agents. The control may involve more or lessdirect physical interference with an agent's actions (or capacity to act), or it may involverestructuring an agent's options. The control may be coercive, but it need not be, and it maybe exercised through active interventions, but it might also do its work quietly in thebackground. As neo-republican political theorists remind us, one can be in the power,under the dominion of another, in a way that can decisively shape one's choices and actions,without the active intervention of the dominus. 2 Also, subjection to the power of another,again for purposes of this discussion, is not an 'objective' fact like being subject to the forceof gravity or to threats from a menacing animal, that is, it is not a matter of the probabilityof the intervention or interference of some other force. Rather, it is an interpersonal, or
1 James Morice in lectures on the royal prerogative at the Middle Temple in 1579, BL Additional MS 36,081fol. 231, quoted by C. W. Brooks in 'The Ancient Constitution in Sixteenth Century Legal Thought,' in E.Sandoz, ed., The Roots of Liberty (Columbia, MO: University of Missouri, 1993), 71.2See, for example, P. Pettit, A Theory of Freedom (Cambridge: Polity Press, 2001), 78, 137; Pettit, On thePeople's Terms (Cambridge: Cambridge University Press, 2012), 1-3, 7.
1second-personal, matter, a matter of decisions, choices, and actions of one responsibleagent with respect to another, usually expecting or anticipating a response from that otheragent. Exercising and responding to power are ways persons relate to each other; powerrelations are interpersonal, not merely objective, relations.
The rule of law sets its face against 'arbitrary' power and its exercise. But, as WilliamLucy observes, 3 there are many ways in which power or its exercise can be said to be'arbitrary.' So, we must isolate the sense invoked by this understanding of the core aim ofthe rule of law. According to Raz, an exercise of power 'is arbitrary only if it was doneeither with indifference as to whether it will serve the purposes which alone can justify theuse of that power or with the belief that it will not serve them.' 4 Sometimes we say an act isarbitrary if it is entirely without reason, or without sufficient reason, or underdeterminedby reason. However, the rule of law puts a relatively specific meaning of 'arbitrary' in view,which is only tangentially related to these. Closer to the rule of law's concern, an exercise ofpower may be said to be arbitrary if it is ultra vires, either in the sense of being entirelywithout warrant or being outside legitimately held warrant. But this does not quite capturethe rule of law's concern either. Rather, an exercise of power is arbitrary in the rule-of-lawrelevant sense when it is the expression of the liberum arbitrium, the free decision orchoice, of its agent. 5 The act may be reasonable, reasoned, or otherwise justified, but it isstill arbitrary if it is taken entirely at the will or pleasure of the agent. Actions of thedominus (master) or one who has dominium were in ancient times thought to be arbitraryin this sense. Although the actions might have been assessable in light of relevant norms orstandards, the agent was not answerable for it. An arbitrary action, done at the pleasure ofthe agent, is a unilateral exercise of power: the agent answers only to his or her ownarbitrium. The agent's judgment is the only relevant deliberative perspective. Leontescaptured the idea: 'Our prerogative/Calls not your counsels. . .We need no more of youradvice: the matter,/the loss, the gain, the ordering on't, is all/Properly ours.' 6 Arbitrarypower is not necessarily unreasoned, or unpredictable, or even in a strict sense unruly;rather, it is unaccountable, exercised at the pleasure of its agent.
Pettit adds that an act of interference is arbitrary 'if it is chosen or rejected withoutreference to the interests, or opinions, of those affected. The choice is not forced to track
3 W. Lucy, 'The Rule of Law and Private Law,' in this volume, section II.4 J. Raz, 'The Rule of Law and Its Virtue,' in Raz, The Authority of Law (Oxford: Clarendon Press, 1979), 219.5 'An act is perpetrated on an arbitrary basis . . . if it is subject just to the arbitrium, the decision or judgment
of the agent; the agent was in a position to choose it or not choose it, at their pleasure.' P. Pettit,Republicanism: A Theory of Freedom and Government (Oxford: Oxford University Press, 1997), 55.6 W. Shakespeare, The Winter's Tale, II, i, 196-7, 201-3.
2what the interests of those others require according to their own judgements.'7 And morerecently he writes that interference is arbitrary if it is 'uncontrolled by the person on thereceiving end.' 8 These elaborations depart from the notion of arbitrariness lying at theheart of the rule of law's concern. First, the concern of the rule of law is not with the lack ofcontrols in general, but lack of answerability. Second, the rule of law requires power toanswer to norms of law to which the agent is otherwise bound, but not necessarily to theinterests of those affected by the exercise of power. Third, the notion of answerability doesnot build reciprocity into it. I will argue below that law's rule requires mutualaccountability—that is the core of the fidelity thesis—but this does not follow directly fromthe notion of arbitrariness. This mutuality thesis (I call it Kant's Thesis below) must beargued for, not built into the governing idea.
The rule of law, I maintain, promises protection and recourse against exercises ofpower that are arbitrary in this sense. This is its core, defining aim. Where law rules, poweris systematically rendered non-arbitrary. The argument for this understanding of theorienting aim of the rule of law proceeds from two quarters. The first is historical: althoughother ideas sound as well, this is the dominant motif heard over the long history of thoughtand argument about the rule of law. The second is systematic: this core idea provides anilluminating and broadly attractive principle in terms of which the various, often contested,elements of the rule of law—its constituent standards, institutions, and conditions—can beselected and situated in a coherent and compelling conception of that political ideal. Thisprinciple makes clear the connection between an important political value and salientfeatures of law in a way that disciplines and directs debate over constituent elements.However, I will not make this argument here. Neither will I enter the lists for the contestsbetween relatively thin formal-procedural conceptions of the rule of law and the variety ofmore robust conceptions that build into the conception substantive equality, or civil,political, or welfare rights, or principles of democracy. Rather, taking the above core idea asa starting point, I will here address two issues that are rarely discussed by those who thinkseriously about the rule of law.
First, I wish to direct attention to the horizontal or societal dimension of law and itsrule. The rule of law at its core promises protection and recourse against the arbitraryexercise of power, but such power can take many different forms, some are political,wielded by those who claim authority to govern or by those governed; some are societal,wielded by parties outside of government over others also outside of government. The ruleof law ideal aspires to take all of forms of power exercised in a polity within its scope. It
3undertakes to 'bridle' the power of those who govern, 9 but also it also promises to 'hedge'the exercise of societal power. 10 This essay will defend the centrality to the rule of law idealof protecting individuals against power wielded by non-governmental individuals andentities. 11
Second, I propose to explore the conditions of the realization of the rule of law ideal.For the rule of law to flourish in a polity, it is not enough that those in power rule by law—exercise their power for the most part through the instrumentality of the law—because therule of law demands reflexivity: those who use law in their exercise of power must likewisebe subject to it. The rule of law obtains in a community just when law rules. I shall arguethat law rules—that is, the rule of law is robust in a polity—only when members of thatpolity embrace and practice a distinctive ethos. In addition to standards of legality—theformal, procedural, and institutional aspects of the ideal—the rule of law notion comprisesa set of relationships and responsibilities rooted in core convictions and commitments,which are essential for the realization of this ideal. I associate this set of relationships,responsibilities, and commitments with the notion of fidelity to law. Fidelity involves acommitment of mutual accountability. The fidelity thesis is that a robust practice of holdingeach other accountable under the law is essential for the realization of law's rule. Takentogether legality and fidelity constitute the ideal of the rule of law.
The two theses of this essay are complementary. Fidelity's commitments hold not justamong the legal or ruling elite, or between citizens and officials of the state, but also amongfellow members of the polity. Ultimately, fidelity is owed by individuals not to law or togovernment, but to each other, that is, to fellow members of law's commonwealth. Fidelity isthe animating soul of law's commonwealth.
9'The king must not be under man but under God and under the law, because law makes the king. . . . Let him,therefore, temper his power by law, which is the bridle of power, that he may live according to the laws.'Henry de Bracton, On the Laws and Customs of England, Samuel E. Thorne, tr. (Cambridge, MA: Belnap Press,1968), pp. 33, 305.10 'Laws are the people's Birth-right. . . . By this Hedge their All is secured against the Injuries of men.'Preamble, Book of the General Lawes and Libertyes [of Massachusetts] (1660), quoted in John Phillip Reid,Rule of Law: The Jurisprudence of Liberty in the Seventeenth and Eighteenth Centuries (DeKalb: NorthernIllinois University Press, 2004), 51.11A companion essay explores the political or vertical dimension of the rule of law. See Postema, 'Law's Rule:Reflexivity, Mutual Accountability, and the Rule of Law,' in Bentham's Theory of Law and Public Opinion, ZhaiXiaobo, ed. (Cambridge: Cambridge University Press, 2014).
Unlike legality, the focus of which is formal and institutional, the focus of fidelity isethical. It is concerned with the ethos of a polity, the mutual understandings and associatedpractices of people in a community in which the rule of law is realized. Fuller's familiarargument for the moral character of his eight canons offers us orienting insight into thefidelity ethos. 12 The rule of law, he argued, presupposes and nurtures a partnership, a set ofrobust reciprocal commitments, between government officials and ordinary citizens. Theeight canons, in his view, articulate this partnership: rulers pledge to rule with and to beruled by law and ordinary citizens allow their conduct to be governed by those who sopledge. Reciprocal compliance with the law is at the core of Fuller's idea.
Adam Ferguson suggests a way to elaborate Fuller's notion. The law's capacity to rule(and hence protect liberty), he wrote, lies in 'the influence of men resolved to be free; ofmen, who, having adjusted in writing the terms on which they are to live with the state, andwith their fellow-subjects, are determined, by their vigilance and spirit, to make theseterms be observed.' 13 Fidelity, this suggests, is expressed not only in compliance with lawand the standards of legality, but also in active taking of responsibility for the lawfulcondition. In particular, it involves taking responsibility for holding partners in therelationship to their respective duties. Fidelity involves mutual accountability as well asreciprocal compliance. Thus, we must think of the rule of law not (merely) as a set ofstandards for law-making and law-enforcing, but also as an ordering of relationships bymutual commitment to a shared and common law and reciprocal responsibilities withrespect to it. Primary among these responsibilities is the mutual responsibility to hold eachother accountable under this law. The fidelity thesis holds in part that the rule of law isrobust in a polity just when its members, and not merely the legal or ruling elite, takeresponsibility for holding each other and especially law's officials to account under the law.
But the fidelity thesis pushes the Fuller-Ferguson notion further. It maintains that therelevant mutual commitments hold among members of the polity and not just betweenpeople and government officials; fidelity has an essential societal-horizontal as well as apolitical-vertical dimension. Moreover, the scope of fidelity's responsibilities is community-wide, extending over the full reach of the law. Fidelity's responsibilities are owed by allwho enjoy law's benefits to all who are subject to law's burdens.12 For a reconstruction of Fuller's argument, see G. J. Postema, Legal Philosophy in the Twentieth Century: The
Common Law World (Dordrecht: Springer, 2011), 153-8 and references to Fuller's work mentioned there.13 A. Ferguson, An Essay on the History of Civil Society, F. Oz-Salzberger, ed. (Cambridge: Cambridge University
51.2 Infidelity
Justice Khanna of the Supreme Court of India wrote, 'There can, indeed, be no greaterindication of decay in the rule of law than a docile bar, a subservient judiciary and a societywith a choked and coarsened conscience.'14 The behavior of officials and citizens during theera of Jim Crow racial segregation in the American South manifested this kind of decay. 15 Itoffers an appalling example of the failure of fidelity and its consequences.
The American South, from the late 1870s until 1960s, saw a legally supported regimeof racial segregation, called 'Jim Crow.' Although in some of its institutional manifestationsJim Crow racial segregation may have been at least colorably legal at the time, the blatant,intentional, and publicly-humiliating inequality of access to public facilities of all sorts wasnot and systematic violence that reinforced the practices of Jim Crow segregation were notjust brutally unjust, they were morally and legally criminal. Violence in support of racialdomination involving rape, kidnapping, terror, and murder was common, not isolated actsof rogue individuals, but widespread and systematic activities involving private citizensthat were officially tolerated, sanctioned, and abetted. No argument could be made thatthese violent actions were legally permitted, or that the legal protections provided to whitecitizens did not extend to their intended black victims. The violence targeted a specificsocial group with the undisguised aim of securing and maintaining their subordination tothe community wielding arbitrary power. Moreover, the law was systematically ignored orpublic flouted by citizens and by officials up and down the governmental ranks. 'Jim Crowwas a systematic, officially entrenched, public practice of illegality.' 16
In the Jim Crow South law did not count. 17 There was a failure of congruence betweenthe law professed and the practice of citizens and legal officials alike. However, this failurewas not due to a lethal mix of public and secret laws or the uncertainty of wide officialdiscretion, as is often the case. This incongruity was entirely public and there was littleindeterminacy or uncertainty about the imposition of power. The informal rules of Jim
14Quoted in G. deQ. Walker, The Rule of Law: Foundation of Constitutional Democracy (Carlton, Victoria:University of Melbourne Press, 1988), 18.15 The next few paragraphs draw heavily on Postema, 'Law's Ethos: Reflections on a Public Practice ofIllegality,' Boston University Law Review, 90 (2010), pp. 103-8. The description of Jim Crow practices offeredhere is indebted to D. Lyons, 'The Legal Entrenchment of Illegality,' in The Legacy of H.L.A. Hart, M. H. Krameret al. eds. (Oxford: Oxford University Press, 2008). For a chilling detailed account of life under Jim Crow, see I.Wilkerson, The Growth of Other Suns (New York: Vintage Books, 2010), esp.17-179.16 Postema, 'Law's Ethos,' 104.17Krygier and Mason argue that 'the rule of law requires that law count, which in turn requires that it bewidely expected and assumed to count.' M. Krygier and W. Mason, 'Violence, Development and the Rule ofLaw,' in G. Mavrotas, Security and Development (Cheltenham: Edward Elgar, 2011), 137-8.
6Crow culture accorded arbitrary power to white individuals and officials in defiance ofexisting law. This was a failure of law: law failed to rule. It failed not through a defect of thelegal norms or procedures, but through a failure of fidelity, dishonoring what James Moricecalled the covenant of law's commonwealth. It failed in both political and societaldimensions of the law's rule. The rule of law was truncated by state agents and privatecitizens alike and its promise was denied to fellow citizens to whom they owed duties offidelity.
Jim Crow practices illustrate the thesis that law does its job of constraining abuse ofpower only when there is in place a culture or ethos of the rule of law. This ethos of fidelityinvolves not only a general willingness to submit to law's governance and to give deferenceto its limits and requirements, 18 but also an active engagement of citizens and officials ofholding each other to their responsibilities under the law. The history of Jim Crow teachesfurther that law's rule fails when power is held to account only when it serves the interestof those doing the holding. Where Jim Crow was firmly in place, law did not count in and forrelations between the whites and blacks in the community. No doubt officials and citizensin the white community needed to see their behavior as justified in light of existing socialstandards, but the law was not among those standards. The white community'scommitment to law failed precisely at the point where its protections extended to thepeople they sought to subjugate.
Law's rule fails when law becomes irrelevant, when it or some significant portion of itdoes not count. Alienation, apathy, and resigned acceptance of corruption sap the rule oflaw of its vitality. But we must be careful here. The widespread sense of the irrelevance oflaw to daily life may manifest a massive failure of fidelity, but it might also manifest adifferent failure of law. In conditions of legal pluralism, it may manifest the failure offormal, government-imposed law to root itself in the community it purports to govern. Incommunities where this is true, it is possible that a robust fidelity is directed to some othercommon, public, albeit informal norms. Recall, fidelity is not a matter of mutual faithfulnessto government or the state, or to government's law, but faithfulness of members of thecommunity to each other with respect to some common governing norms. Thus,widespread alienation from government's law in a community may not signal anomy andfailure of fidelity, but polynomy and commitment to norms other than government's law. Insome cases, then, a more accurate characterization of the community would be that lawrules, but it is a different law that rules.
18 See also J. Stromseth, D. Wippman, and R. Brooks, Can Might Make Rights? (Cambridge: Cambridge
7 However, we must not be too quick in such cases to accept that the rule of (informal)law is robust in the community. For it is possible that the core standards of the rule of law,and in particular its promised protection and recourse against the arbitrary exercise ofpower, may not be honored by this alternative, informal law. Just as government's law mayfail to meet formal or procedural rule of law standards, so too may informal, customarymodes of law fall short. Fidelity is a necessary condition of the realization of the rule of law,but it is not sufficient.
What do these caveats imply for our analysis of the culture of the American South inthe Jim Crow era? It is true that white citizens ignored or defiantly disobeyed the law thatpromised protection against violence to all citizens. They treated it as irrelevant to theirbehavior and to their assessments of their neighbors' behavior insofar as it applied to andprotected black citizens. In some respects they followed an informal code that supportedand encouraged racial oppression. Nevertheless, their behavior manifested a massivefailure of fidelity and in consequence a failure of law to rule for two reasons. First, theinformal racist code which may have guided the white community itself failed to meet thefundamental test of protecting all members of law's commonwealth against the arbitraryexercise of power. But, second and more importantly, it was a failure of fidelity because thewhite citizens were not alienated from the law in general; rather, they defiantly refused toacknowledge its application to fellow citizens they sought to oppress. Law failed to rulebecause when it was needed to make good on its promise to protect those governed by it,those bound to each other to vigilant efforts to sustain it failed to take their responsibilitiesseriously. The rule of law failed not because the government's law failed to take root in thecommunity, but rather because members of the white community failed to take theirresponsibilities with respect to that law seriously, responsibilities owed to all members oftheir community.
Power comes in many forms and is exercised in many different contexts. Theoreticaldiscussions of the rule of law tend to concentrate on its public law dimensions and theexercise of political power—power by those who govern over the governed and, perhaps,power of the governed over those who govern. But the rule of law is no less concerned withthe arbitrary exercise of societal power. 'Whether or not the rule of law has claim in asociety,' Martin Krygier writes, 'is a matter found in the extent and quality of its reach andeffects there: in interactions between citizens and the state, of course, but of equal or more
8importance, between citizens themselves.' 19 Of course, non-governmental power wieldersinclude corporations and collectivities as well as individual citizens; indeed, their power ifoften far more potent, equaling or exceeding that of many governments.
19 M. Krygier, 'Four Puzzles about the Rule of Law: Why, What, Where? And Who Cares?' in J. E. Fleming,
Getting to the Rule of Law (New York: New York University Press, 2011), 89.20 Locke speaks of 'freedom of men under government' as the condition of having 'a standing rule to live by,common to every one of that society.' J. Locke, Second Treatise of Government, C.B. Macpherson, ed.(Indianapolis: Hackett, 1980), §22.21As suggested by Lisa Austin, 'Possession and the Distractions of Philosophy,' in The PhilosophicalFoundations of Property Law, J. E. Penner and H. E. Smith, eds. (Oxford: Oxford University Press, 2013). M.Oakeshott, 'The Rule of Law,' in Oakeshott, On History and Other Essays (Totowa, NJ: Barnes & Noble Books,1983), 119-164.22 Oakeshott, 'Rule of Law,' 136.23 Oakeshott, 'Rule of Law,' 132.24 M. Oakeshott, On Human Conduct (Oxford: Clarendon Press, 1975), 121-2.25 Oakeshott, 'Rule of Law,' 132-3, 136.
9authenticity. 26 Rules of law must meet two conditions: (1) they must be properly enactedand (2) they must qualify as jus. 27 The second condition is determined by 'an appropriatelyargumentative form of discourse in which to deliberate the matter.' 28
To appreciate the law's essential role in the ordering of horizontal relations, we mustreflect on two relatively uncontroversial claims about law and its typical mode offunctioning. First, we begin with the plausible claim that law—i.e., positive, civil, or 'human'law, as opposed to 'natural' or moral law—exists just insofar as it is the law of somecommunity and is in place in that community. A community's law is not only law for thatcommunity, but the law of that community in virtue of being in force in that community.What is involved in law's being in force in a community? We would not judge a communityto have a legal system in place just in virtue of the fact that some number of people gottogether and constructed a set of norms for their conduct and the conduct of all the othermembers of a community whose boundaries are also defined by the norms, especially if therest of the community is ignorant of or generally ignores the norms. We would make thesame judgment even if the behavior of most of the members of the community on the26 Oakeshott, 'Rule of Law,'137.27 Oakeshott, 'Rule of Law,'136, 140-44.28 Oakeshott, 'Rule of Law,' 143,29J. Althusius, Politica, F. S. Carney, ed. (Indianapolis: Liberty Fund, 1995), ch. 1. Symbiotici ('symbiotes') areinterdependent people sharing their public life together.30 See fn 1.
10whole is not inconsistent with those norms. In that case, we might say that their behaviorweakly complies with the norms, but the norms are still not in force in that community,because the compliance appears to be entirely coincidental.
What must be true of the community if law is in force in it is that its norms must bewidely (but, of course, not universally) used by members of the community in the right way.What is it for law to be 'used in the right way'? 31 It is not easy to say, but we know it mustmake some difference to the way that members navigate the complex networks of socialrelations they face and that is must do so in ways that answer to the kind of thing it is, thatis, in ways that answer to its characteristic mode of operating. Legal philosophers ofdifferent stripes for centuries have agreed that fundamental to law's typical mode ofoperating is that it offers normative guidance to rational agents capable of grasping itsnorms and applying them to their own concrete circumstances. If we accept this proposal,then law will be used in the right way when it plays a key or at least common andappropriate role in the deliberative-normative economy of a substantial number of thosewhom law purports to direct.
Further, we know that law does its characteristic work in public and addressed to apublic. Thus, in order to guide the conduct of individuals, law must take into account thefact that these individuals find themselves in complex networks of social interaction thatare shaped by their own understandings, and the understandings of others (and others'understandings of one's own understandings . . .), of the law that seeks to offer normativeguidance. The success of laws' guiding law-subjects depends on the uptake by those agents,and that uptake is determined by the public in which they act and their shared oroverlapping understandings which shape their individual understandings of the horizonsof their conduct.
In view of these two very general features of law's modus operandi, the familiar top-down model of law can be seen to be a distortion of law's ordinary functioning. Law cannotbe a game constructed and played by a legal elite, even if the rules of that game are meantto govern the conduct of parties outside the elite. Of course, it is possible for an elite tocreate such a game and play it with all seriousness, but what they create is not strictlyspeaking a law game. Likewise, it is a mistake to model law as 'a one-way projection ofpower,' to use Fuller's apt phrase, not because a one-way projection of power is impossible,which it is not, nor because it is morally objectionable, although it is, but because it fails toacknowledge the conditions of its offering normative guidance to a public of rationalagents. This is just to say that the societal dimension of law—the interactions and mutual
31 See G. J. Postema, 'Conformity, Custom, and Congruence: Rethinking the Efficacy of Law,' The Legacy of Hart,
11understandings of law-subjects—is essential to law's ordinary functioning. The'partnership' that Fuller envisioned at the foundations of law must have a robust horizontaldimension.
This horizontal dimension takes on richer texture if we look more closely at the typicalmanner in which law offers normative guidance. The familiar model of commandsirresistible does capture one mode of normative guidance—guidance by immediatedirectives—but there are other, equally important, modes of normative guidance utilizedby law. At least since Hart's influential discussion of legal powers and power-conferringrules, philosophers have recognized a form of indirect normative guidance. The law offersindirect guidance, it has been argued, by providing law-subjects facilities with which theycan adjust their legal relations and thereby manage their social relations. This was animportant addition to our understanding of the typical tools for normative guidance thatare at the law's disposal; however, with a little thought we can identify other forms ofindirect guidance that are characteristic of law's normal mode of operating. Two areworthy of mention here. 32
First, in addition to directive guidance, law offers what we might call constitutiveguidance. The law defines or constitutes positions, statuses, and roles, and associatedprocedures, bundled together in complex combinations of rights, duties, powers, liabilities,disabilities, and responsibilities. Perhaps, the most familiar such constituted bundle is thatwhich defines the duties, powers, and responsibilities of government enshrined in a state'sconstitution. But no less important are statuses and relationship networks that are thework of family law, employment law, and the like, on one level, and the work of businesspartnerships, trust arrangements, and the like, on another. Sometimes, these networks ofnorms—whether broad, general, and public, or more tailored and private—offer directnormative guidance. But often they operate at a different level, defining the horizons withinwhich practical reasoning of law-subjects takes place rather than directives directlyaddressed to that practical reasoning. Such networks provide the infrastructure withinwhich meaningful social interaction takes place.
Second, the law often offers normative guidance by providing those who are subject toit resources for evaluating and vindicating in public terms their own conduct and theconduct of others in the political community and resources for holding others accountablefor their conduct as measured in these public terms. In this way, members of thecommunity direct their own decisions and actions and manage their relations with others,protecting, promoting, and repairing them. While it may be useful at some points for
12members to call on officials to assist and underwrite these activities, the law could notprovide some of its most valuable normative guidance if that guidance depended entirelyon ready access to officials, courts, and other formal legal institutions. While the law maybe most visible in the conduct of police, the most frequent point of contact with the law forordinary people may well be in the office of the transactional lawyer where vital socialinteractions often take place.
So, law in its ordinary mode of operating offers normative guidance in a number ofways. It is not impossible for a legal system to utilize only command-modeled directiveguidance, but a system severely limited in this way would be as unlike our familiar systemas a system in which coercion played no role or a system lacking all first-order power-conferring rules would be. But, then, we can conclude that also in these respects ordinary-functioning law characteristically has a fundamental horizontal dimension. Law orders thesocial relations among members of the community. It does so on the wholesale level bydefining the parameters of family relations, employment, business partnerships, and thelike; and it does so on the retail level when individuals construct their relationships inpublic, legal terms.
Societal power exists outside of law, but also in and through it. And since the rule oflaw is concerned with all forms of power exercised in a polity that it can appropriatelyreach, it must address power exercised in the horizontal dimension. Indeed, Robin Westmaintains that the rule of law is 'quintessentially, the solution to the problem of privatepower.' 33 'Law does a lot of things,' she observes, 'but one of its core functions is to protectindividuals against what would otherwise be undeterred privations against them—not byoverreaching state officials, but rather by undeterred private individuals, corporations, orentities.'34 Power arbitrarily exercised is no less problematic from the point of view of therule of law when it is exercised by non-governmental agents or entities than whenexercised by officials or agencies. Unaccountable power is no less arbitrary for being'private.' And if this is so, then law rules not only when government officials are bound byand held accountable to the law, but also when ordinary citizens structure their relationsby law and hold each other accountable to the common, public terms that law provides.
33R. West, 'The Limits of Process,' in Getting to the Rule of Law: NOMOS L, J. E. Fleming, ed. (New York: NewYork University Press, 2011), 45.34 West, 'The Limits of Process,' 47.
13 The widespread use of mass-market boilerplate provisions in commercial transactionsdiscussed by Margaret Radin in this volume 35 is a good example of the kind of exercise ofpower that contravenes the core concern of the rule of law and warrants careful scrutiny.Firms using such boilerplate provisions attempt unilaterally to opt out of the existing legalregime of rights, duties, and protections. They are enabled to exert such power by acombination of market conditions and law-created normative powers. Unchecked, the useof such devices is a genuine threat to the rule of law. Property regimes more generally,especially private property regimes, also warrant scrutiny and control for the same reason.
Private property is often defended as a bulwark against the intrusion of the arbitrarypower of government. And actual ownership of property sufficient to sustain a decent life(not the mere capacity for such ownership) can provide a degree of protection, usually incombination with a number of other conditions and protections. But private ownership ofresources and wealth also poses a potential threat of arbitrary power, created by law,which must be a concern for law and its rule in the commonwealth. Private property can bea bulwark, but it must itself be bridled.
The problem for law's rule posed by private property regimes is not incidental to thoseregimes; it arises from their very nature. Property regimes allocate decision-making powerover the use of resources in a polity. This law-created and law-allocated normative powerunderwrites significant social power. As Lisa Austin argues in this volume, 36 the owner getsto decide how resources are used. This gives the owner power and in social contexts ofvastly unequal ownership great power. Such power is valuable to the owner, of course, andcan be valuable to the society as a whole, but it is also problematic. Not only is such powercapable of abuse, but it is a potent source of domination of the kind that the rule of law ismost concerned to protect against. It is not surprising, then, that Judge J. Skelly Wright inRobinson v Diamond Housing Corporation 37 invoked the rule of law to justify preventing alandlord from unilaterally terminating a tenancy agreement in retaliation against thetenants' attempt to use the law to enforce their housing rights in court. The law providedrecourse to tenants against landlords to force them to make improvements in their houses.Unilateral termination of the tenancy by the landlord was a clear exercise of arbitrarypower in an attempt to deny the tenants enjoyment of their legal rights. Thus, the sameprincipled concern that is often offered as a justification for private property regimes asprotection against governmental domination calls for legal limits on the exercise of the
35 M. Radin, 'Boilerplate and Democratic Degradation: Taking the Ruie of Law Private,' in this volume.36 L. Austin, 'The Power of the Rule of Law," in this volume.37463 F.2d 853 (D.C. Cir. 1972), at 871; discussed in M. J. Radin, 'Reconsidering the Rule of Law,' 69 BostonUniversity Law Review (1989), 781 at 782, 817-19.
14decisional power created and allocated by the law. These limits are not imposed from theoutside, by values or principles in conflict with those that properly and persuasivelyunderlie property, but rather they arise from the very principles on which it rests, internalto the normative structure of property itself.
The fidelity thesis holds in part that law rules in a polity just when its members takeresponsibility for holding each other and especially law's officials to account under the law.One might defend this thesis on empirical grounds, but the argument I offer here isconceptual and normative in character.
3.1 Accountability
To begin, a word should be said about the notion of accountability in use here.Accountability is a normatively structured interpersonal relationship. A is accountable to Bfor some X—where A and B are individual or collective agents, B is usually a relativelydeterminate party and X is an act (activity, performance, or policy) broadly construed. Thisrelationship is normatively structured in three respects: (1) A is normatively liable to becalled to account by B and B not only can expect but has the normative power to call for ordemand an accounting from A for X, and B has a claim to that accounting which A isobligated to provide; (2) this nexus of liability, power, claim, and obligation presupposesnorms which authorize or provide warrant for B's claim and underwrite A obligation; (3)A's act is norm-governed in the sense that the accounting offered is expected to bearticulated in terms of norms that warrant and justify it. A's accountability to B may andoften does involve A's liability to and B's authorization to use formal sanctions, but this isnot an essential element of accountability. Answerability to a charge or count (cause ofaction) is at the heart of the notion of accountability. B is authorized to demand both anexplanation and a reckoning, that is, both a narrative and reasons or arguments connectingthe act to relevant standards that could provide warrant and grounds for the act. B also hasstanding to assess them and issue a judgment of the action in light of the assessment of theexplanation and reckoning offered.
The fidelity thesis connects law's rule with commonwealth-wide mutual accountability.The argument for this thesis begins with unpacking the notion of being subject to law.
153.2 Aquinas vs. Hobbes
For law to rule in a community, it is not enough that its norms apply to those whom itrules, or even that their conduct conforms to them; in addition, those whom law rules mustbe, and take themselves to be, subject to the law. They must undertake a commitment; theymust acknowledge their subjection. But this is not a matter of self-imposition. To be boundby self-imposed resolves or by self-directed commands is not to be bound by law. To besubject to law is to be subject to the judgment of another. He that 'setteth the laws abovethe sovereign,' Hobbes wrote, 'setteth also a judge above him.' 38 The commitment involvedin acknowledging that one is subject to the law accords to another the power to demandaccountability. I will call this Hobbes's Thesis.
Hobbes's thesis was not original to Hobbes. It had support amongst medievalcommentators on Justinian's Code, 39 but it was controversial, because it threatened theprince's claim to sovereign authority, expressed most starkly in another Roman Lawdoctrine, princeps legibus solutus est. 40 Trying to thread his way between latter doctrineand what was in effect Hobbes's Thesis, Aquinas argued that the prince is subject to thedirective force of the law, but not to its coercive force. 41 The prince is bound by the law andis subject to its directive force 'by his own will,' 42 he argued, but 'no one can pass sentenceof condemnation on him. . . there is no man who can judge the deeds of a king.' 43 Aquinas'sThesis holds that it is possible to be subject to the law but accountable to no one. 44
The first step in defense of the fidelity thesis requires that we show why we must rejectAquinas's thesis in favor of Hobbes's. We must reject it, not because self-limitations areimpossible as a psychological matter (we sometimes succeed in holding ourselves topersonal resolutions); not because (as Aquinas argued) no one can coerce himself45(Ulysses succeeded); not because (as Hobbes argued) no one is limited by limits one can
38 T. Hobbes, Leviathan, R. Tuck, ed. (Cambridge: Cambridge University Press, 1991, 1996), ch. 29, para. 9.From this premise, Hobbes concludes that the Sovereign, although he rules with and through the civil law andfinds it prudent to follow it himself, cannot be subject to it.39See B. Tierney, ' "The Prince is Not Bound by the Laws": Accursius and the Origins of the Modern State,'Comparative Studies in Society and History, 5 (1963), p. 391.40 Digest 22.214.171.124 Aquinas, Summa Theologiae IaII q. 96, a5, ad 3.42Aquinas suggests that he is morally required to do so, quoting for support the Decretales principle:'whatever law a man makes for another, he should keep himself.'43 Aquinas, Summa Theologiae IaII q. 96, a5, ad 3.44Of course, the prince might be accountable to God, but only relative to divine or natural law and not relativeto positive law.45 Aquinas, Summa Theologiae IaII q. 96, a5, ad 3.
16freely lift 46 (because the problem arises even for agents who are not empowered to makelaws). We must reject it because the notion of self-imposed, and so self-authorized, lawentails a contradiction, namely, that one can have exclusive standing to judge whetherone's actions fall under the norm.
The claim that one has exclusive standing to judge whether some action, A, falls undera norm N* can analyzed into two claims. (1) One judges P: A falls under N*. One judges ofsome subject matter, namely the action A and the norm N* that A falls under N*. In sojudging one avows the correctness of P, in virtue of A, N*, and the relationship that obtainsbetween them. Judging necessarily points away from the party making the judgment to thematter judged of. It is in that sense, self-transcending. So it is possible to distinguishbetween one's making the judgment—taking something to be so—and its being so. (2) Oneasserts or claims exclusive standing to make this judgment of A relative to N* and thus thatno one else is in a position to assess one's judgment. Note that since N* is a norm, it mustexert some constraint on the assignment of an action as falling under it, at least in the sensethat it must be possible for those seeking to apply it to go wrong, to make a mistake. It mustnot be the case that anything one lights upon as falling under N* is so just in virtue of thefact one says so. The application must be warranted by the norm, rather than being anassignment made, as it were, at one's pleasure. That is, if the assignment is not to bearbitrary, it must be warranted by the norm and so must be self-transcending.
Clearly, claim (2), the claim to exclusive standing to judge whether A falls under N*,undermines (1). From the point of view of any other possible judge, it amounts to the claimthat one's judgment is right solely because one has made it; the making or taking, ratherthan the content of the judgment, alone claims warrant. Thus, one who claims exclusivestanding to judge whether an action falls under a norm embraces a contradiction. Insofar asit is a judgment, P is content-oriented and judger self-transcending; but insofar as oneclaims exclusive standing so judge in this way one claims warrant solely on the basis ofone's making the 'judgment.' This is a judger self-oriented claim, a direct denial of judgerself-transcendence. To refuse to accord others standing to judge is to undercut one's ownclaim to judge, as opposed to merely uttering something at one's pleasure.
One can avoid the contradiction by abandoning the self-transcending claim to judgeand embracing the self-oriented positing. In that way, taking something to be so makes itso—taking A to fall under N* makes it the case that A falls under N*. But the result isdisastrous as an account of what it is to be subject to law. First, it follows that N* is nolonger a norm, because it cannot constrain one's assessment. From one's own point of view,
17the only point of view allowed to be considered, there is no difference between takingsomething to be so and its being so; one cannot go wrong. But then one cannot be bound byN*. Submitting to the N* while reserving the exclusive standing to judge applications of N*is not to authorize N* as a norm for oneself. It is to fail to authorize anything. Self-authorization is failed authorization.
Second, N* could not function as a norm for others. And so it could not warrant one'sholding another party accountable. For if one has sole standing to judge whether an actionfalls under N*, then there is no logical space between one's merely taking something to bethe case, and its being so. So for others N* must reduce to a very different proposition, aprediction of one's (arbitrary) assessments. The norm is reduced to a prediction. Thus, ifone's judging is reduced to one's mere taking something to be the case, then it is not norm-warranted. The action is arbitrary in the strict sense of being an action for which the agentis not answerable, but it achieves this by abandoning its claim to be law-warranted. Thus,contrary to Aquinas's Thesis, it is not possible to be subject to law and yet have solestanding to judge whether one's actions accord with that law. Hobbes was right.
We can begin our argument for Kant's thesis recalling our reflections on the notion ofaccountability. Accountability, we noticed, involves a normatively structured interpersonalrelationship. For a person or agency to hold party another accountable is a paradigm caseof the exercise of normative authority, of 'binding another' in Kant's sense. For A to exercisethe normative power characteristic of acting with (the law's) authority to hold anotheraccountable involves more than manipulating S, causing S to behave in a certain way, even47I. Kant, 'Perpetual Peace,' in I. Kant, Practical Philosophy, M. Gregor, ed. and tr. (Cambridge: CambridgeUniversity Press, 1996), p. 323, n. † [emphasis deleted].
18if doing so is (legally) justified. It involves A's addressing reasons of a particular kind to S. Aalso presupposes a certain uptake on the part of S: A assumes that S can grasp the reasons,that S is relatively free to act on those reasons, and that S acknowledges that acting onthese reasons (conforming to the authority's directive) is owed to A. It is not enough that Sbehaves in a certain way as a consequence of what A does, but rather S's conduct must (thatis, A expects it to) be a response to A's direction.
48The middle voice, not found in English but common in other languages like ancient Greek, combines bothactive and passive, the subject is also the object, or where the subject is plural but not collective the partiesare both agents and recipients of the action. I am grateful to Lauren Winner for alerting me to existence of thismiddle voice. See L. Winner, Still (New York: HarperCollins, 2012), 154-7.49Arendt, for example, wrote: 'Since authority always demands obedience, it is commonly mistaken for someform of power or violence. Yet authority precludes the use of external means of coercion; where force is used,
19 Where S is subject (and accountable) to A, A may likewise be accountable to a thirdparty, C. A might then direct his claim of warrant for his exercise of authority to C andacknowledge C's standing to hold him accountable, while refusing to acknowledge any suchstanding for S. A slave-holder, for example, might go to court (recognize the court'sauthority over his claim) to uphold his absolute right over his slave. On the HierarchyThesis, accountability relations are transitive and anti-reflexive. Thus, to establish ourmodification of Kant's Thesis, we must show that this third-party hierarchical alternative isnot an eligible option.
The Hierarchy Thesis is, from the point of view of the rule of law, fundamentallydefective in two respects. First, the claim of authority envisioned in the above scenario isbroken-backed. The claim of authority is made against or with respect to S, but it isaddressed to the third party, C. If A merely claims support and vindication of his conductwith respect to S, then the relationship between A and S is not yet a relationship ofauthority—any more than is A's relationship to his workhorse. On the other hand, if Aclaims the distinctive normative relationship of authority, then he claims that S owesobedience to A, but the only obligation that is in view is an obligation that S owes to C. Aimposes his will on S, and may do so with C's blessing, but that is not to exercise authorityover S. It is, rather (at best), the justified imposition of A's will on S. This maintains a deepasymmetry between A and S at the cost of evacuating the relationship of its distinctivenormative content as a relationship of authority.
Yet the defect is even deeper. Hobbes, again, is our unwitting guide to the dialectic atthis point. 51 For, if we accept the Hierarchy Thesis, and if holding accountable entails beingliable to be held accountable, then accountability must form a unidirectional chain. If A'sclaim to authority over S and hence warrant to hold S accountable is tethered to C, then C'sholding of A accountable rests on a warrant and judgment of action intra vires whichsubordinates C to another party, D. S's subordination to A presupposes A's subordination toC, but also C's to D, etc. Given the Hierarchy Thesis, the fate of such accountability chainslies at one of two points: either the chain proceeds ad infinitum, or it must stop at somepoint. An infinite regress of accountability would appear to be a conceptual or at least
authority itself has failed. Authority, on the other hand, is incompatible with persuasion, which presupposesequality and works through a process of argumentation. Where arguments are used, authority is left inabeyance. Against the egalitarian order of persuasion stands the authoritarian order, which is alwayshierarchical.' H. Arendt, Between Past and Future (New York: Penguin Books, 1977), pp. 92-93.50Leviathan, ch.. 29, para. 9; see also Hobbes, On the Citizen, R. Tuck and M. Silverthorne, eds. (Cambridge:Cambridge University Press, 1998), ch. 6, para. 18.51 Hobbes, Leviathan, ch.. 29, para. 9.
20practical absurdity. 52 So, the chain must stop somewhere, but it will have to stop with onewho holds others accountable, but is not in turn accountable—an unaccountableaccountability-holder. This, of course, was Hobbes's solution: The sovereign holds allsubjects in the commonwealth accountable, but is not subject to the law—princeps legibussolutus est.
Thus, if the Hierarchy Thesis is true, the rule of law, properly speaking, is impossible.Put the other way around: the concept of law's rule requires that we abandon theHierarchy Thesis. The ideal of the rule of law is fundamentally opposed to hierarchy. Wecan avoid incoherence by embracing the modified version of Kant's Thesis: If the rule of lawis conceptually possible, accountability must be at least mutual. S's submission to A, doesnot preclude A's submission—direct or perhaps indirect—to S. It may not be that A isreciprocally accountable to S, but A and S must be participants in what we might call anaccountability loop or accountability network. If law is to rule in a polity, accountabilityunder the law must be in this way broadly mutual. This is the core of the fidelity thesis.
The above argument is not meant to be a piece of a priori political sociology; it is meantrather to articulate the ethics of the rule of law. It defends an ethical claim, a claim aboutthe obligations and responsibilities of and in a community that aspires to realize the rule oflaw. The claim is that in a community characterized by a robust rule of law, accountabilityis a communicated—distributed and shared—normative power. But with standing to holdaccountable comes the responsibility to do so. The fidelity thesis holds that all members ofthe community have a mutual responsibility to exercise this power. Commitment to law,mutual submission to law's rule, entails taking responsibility to engage in this distinctive
52 Hobbes (ibid.) argued that an infinite accountability chain would lead to a practical absurdity, namely,'confusion, and [and ultimately the] Dissolution of the Commonwealth.' See also Leviathan, ch. 20, para.18.
21rule of law practice. This is an obligation that each member owes to each other member andto all—it is mutual and general.
The argument for this remaining part of the fidelity thesis proceeds from twoassumptions. The first is that the normative power and associated liability ofaccountability-holding is necessarily bundled together with a responsibility on the part ofthe power-holder to exercise this power (in appropriate ways, under appropriatecircumstances, of course). The second is that the moral aim underlying and structuringfidelity—secure protection and recourse against the arbitrary exercise of power throughthe instrumentality of law—is directed to a public good that can be realized only throughcommonwealth-wide cooperative efforts.
The fair-play perspective regards the vigilant efforts to hold those who exercise power,whether public or private, accountable under the law as a paradigmatic cooperativeenterprise for mutual benefit. Seen in this way, the responsibilities of fidelity areresponsibilities of doing one's part in a common, cooperative endeavor, responsibilities
22owed to each other as members similarly committed and bound. Sharing the burdens oflaw's governing involves doing one's part in the cooperative enterprise of accountability-holding. Each bears this obligation and it is owed in fairness to each other.
We can look at this endeavor from a different angle. This solidarity perspective issuggested by the sixteenth-century Huguenot writer of Vindiciae Contra Tyrannos. In thewriter's view, the covenant of mutual obligation and accountability between king andpeople was rooted in and shaped by a deeper covenant between God and the two parties.While the king was needed to hold the people to their duties of piety and righteousness,God recognized that to leave the king unaccountable was 'hazardous' and so God alsoempowered the people 'to stand as surety.'53 Each pledged, to God and to each other,'jointly and not separately' and 'on that account they [were] bound for the whole sum.' Justas 'creditors are accustomed to do with unreliable debtors, by making many liable for thesame sum, so that two or more promissory parties are constituted for the same thing, fromeach one of whom the sum can be sought as if from the principal debtor.' 54 Drawing onRoman Law doctrine of joint liability for debt, the author argued that God gave each partystanding (and incentive) to hold the other accountable to God's laws of piety andrighteousness by requiring of each of them commitment for the whole. Each was 'boundone for another and each for the whole.' 55
By analogy, we can argue that the public good of protection against the arbitraryexercise of power promised by law's rule calls for a multilateral joint commitment amongmembers of law's commonwealth 'each for the whole.' The good sought is public and so it isa good for each in and through its being a good for all. The responsibility of each is first ofall responsibility for the whole in that sense, but, because that whole can only be achievedthrough cooperative efforts of the members, each is, first, bound to do one's part, andsecond, bound also for one another—that is, bound to encourage and empower each otherand, where necessary, hold each other accountable. Hence, from this solidarity perspective,each is bound to each other and for each other.
The solidarity perspective has one important implication. Because the responsibilitiesof fidelity are responsibilities to participate in a cooperative endeavor, they will be limitedto an extent by the reliable participation of other parties. That is, the obligations are in an
53Vindiciae Contra Tyrannos, G. Garnett tr. and ed. (Cambridge: Cambridge University Press, 1994), 38. Thiswork was first published in Basel (1579) in Latin and French under the pseudonym Stephanus Junius Brutus.A facsimile edition of an English translation of 1689 by William Walker is available on-line athttp://archive.org/details/vindiciaecontrat00lang and in a print version published by EEBO Editions.54 Vindiciae Contra Tyrannos, Garnett edition, 38.55 EEBO edition, Walker translation, 27.
23important respect conditional. Fiat fidelis ruat caelum is not rational principle. To attemptto hold another accountable under the law in the face of massive infidelity may not berational. However, from the solidarity perspective the participation of others in thecooperative endeavor is not merely exogenously given. Rather, the fidelity-responsibility ofeach extends to efforts to empower and encourage others to participate, to take theircorresponding responsibilities seriously.
Thus, fidelity obligations are not absolute. They are limited to an extent by theparticipation of others. They are also limited in two other respects. First, other duties ofdecency, justice, or respect for rights may override them in particular cases. Second, theexercise of fidelity-responsibility is constrained by considerations of appropriateness oftime, place, and manner, which are themselves rooted in the ultimate aim of protectingagainst the arbitrary exercise of power. Any proposed exercise of accountability-holdingthat is incompatible with that aim or that cannot be seen to contribute to its promotion,must be rejected.
From each of these perspectives it follows that the scope of concern of fidelity-responsibility is commonwealth-wide. Because it is an obligation to do one's part insupporting, promoting, and protecting a public good, it is not limited to exercises ofaccountability for one's own benefit only. Similarly, responsibility for the whole entailsresponsibility to all those who have a right to participate in the benefit of the whole. On theunderstanding articulated here of the rule of law in law's commonwealth, subjection to lawinvolves participation in a civic partnership, with mutual benefits and burdens. Subjectionto its obligations and responsibilities implies the reciprocal benefit of its protection. On thisview, there is no burden of compliance without benefit of law's protection. But, theargument we have pressed entails that protections promised must be secured by thenetwork of accountability. So, any one person's or group's fidelity-responsibility is notlimited to securing law's benefits for that person or group, but rather extends to all thosewho fall within the scope of law's demands and hence law's protection.
For this reason, the failure of white citizens in the Jim Crow South to hold its officialsand fellow members of that community accountable to laws that purported to protectblacks and whites alike was a failure of fidelity. Obligations of fidelity of members of thewhite community did not stop at the borders of the white community. Subject to law's rule,we are, as Martin Luther King, Jr. put it, 'caught in an inescapable network of mutuality.' 56In this further sense, we are bound for each other and for the whole.
56M. L. King, Jr., 'Letter from the Birmingham Jail,' in M. L. King, Why We Can't Wait (Boston: Beacon Press,2010), 85-6.
The rule of law promises protection and recourse against the arbitrary exercise ofpower. The guiding aim of the rule of law ideal is served when law's rule extends to allforms of power in the polity, social as well as political. The rule of law is realized when lawis planted firmly in a commonwealth of mutual faithfulness to the differentiated andinterconnected responsibilities of fidelity to law. Law rules not only when governmentofficials are held accountable for the discharge of their duties under law, but also whenordinary citizens structure their relationships by law and hold each other accountable tothe common, public terms that the law provides.


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Middleton property prices have risen by 12% since 2016, proving it's continuing to become more and more popular. The average house price in this area is now £148,405, making it more expensive than Blackley (£126,355) and Chadderton (£140,777), and cheaper than Alkrington Garden Village (£205,770).
Most properties sold in Middleton over the last year were semi-detached, which on average sold for £159,510. The average terraced house carried a price tag of £114,862, with detached properties fetching £231,146.
Golfing fans can join the North Manchester Golf Club, while ramblers and nature-lovers will love exploring Alkrington Woods Nature Reserve. There's also a theatre, Catholic and Anglican churches, a cricket club, synagogues, community buildings, and gyms.
There is a small shopping area in the centre of Middleton with a few familiar chains. But for more choice, plenty of shopping, entertainment, and nightlife can be found in Manchester city centre, which is just a 15-20 minute drive away.
Residents have a choice of fast food chains like McDonalds and KFC, traditional pubs, and Indian, Chinese, and Thai restaurants. There are also a couple of salad bars and coffee shops to enjoy for something lighter.
Here at Indlu our letting agents in Middleton can provide landlords with expert, local advice regarding the rental market in your area. Our lettings service has been designed with landlords in mind to create a full 360 lettings service that landlords can rely on.
Our rental agents in Middleton can make letting a property a much smoother experience by providing landlords with help and support through a range of responsibilities including; documentation, renewals, monthly statements, property maintenance and even the dealings of tenants.
What else can you expect from our lettings service at Indlu?
Please visit our lettings page for more in-depth information regarding each of our lettings services and what's included or try our free rental valuation tool to help you find out the rental value of your home.
We're currently offering a special offer for all landlords who can receive 3 months FREE full management. This offer is for a limited time only so if you would like to discuss further with our rental agents in Middleton please contact our team on 0161 820 4993 or email us on email@example.com Out More
If you are a landlord, you will be looking at ways to ensure your buy-to-let investment is protected whilst keeping outgoings to a minimum. There are areas where you can save money, however a professional inventory report should always be carried out.View Full Article
A new report from the Nationwide Building Society has shown that average UK house prices increased by 3% in the year up to March 2020. This figure reflected an increase of the previous month's figure of 2.3%.View Full Article
A new report released today by ARLA Propertymark has shown increased demand for rental accommodation in the UK property market. The report, which is based on February data showed a year on year increase in excess of 25% for letting s tenant registrations.View Full Article
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Greatest Ways To enhance Your Video Gaming Enjoyable
Finest Methods To enhance Your Video Gaming Fun
The video recreation industry has exploded, and there are actually extra titles than ever on the market. It seems like there may be something for everyone: sports activities video games, function enjoying video games, online games and extra. If you're an avid video game player, serious about getting began, or just the dad or mum of a gamer, this article is for you.
Do not take the phrase of a minor on whether or not a sport is suitable for them. If a recreation is rated M for mature, there is usually a superb cause for it. Do your homework on the hot new recreation your child is begging for. Make sure it is one thing you want them taking part in earlier than you spend money on it.
If Try These Successful GAMBLING Tips Today! feel whenever you push up, you need to really be wanting down, then invert the axis in your management settings. Some folks simply do not feel the axis controls are right after they get a video game. Video Video games - Gaming The System At the moment is simple to take care of. Many video games provde the option to invert the control schemes within the setting's area.
If you feel like you focused your enemy spot on in a shooter and nonetheless missed, verify what weapon you're utilizing. Just like in actual life, completely different weapons have different strengths and weaknesses. The weapon you're using may not have the short distance required or the weapon recoil is actually putting you slightly off target.
Turn up the brightness of the display. Video games set in dark interiors may be entertaining, however they are often harder to play. The dark colors will enhance your difficulty in taking part in the game. Even though the ambiance of the sport will be affected slightly, increase the screen brightness. Brightness will will let you see clearly.
Go online for assist. Almost each recreation has its personal legion of dedicated followers, lots of which spend countless hours crafting detailed maps and guides. There are also forums where you possibly can speak one on one with other players. Reap the benefits of this gold mine and you'll finally get previous that degree you may have been stuck on for ages.
Keep away from buying the pricey version of video games, except they're a favorite. Many times, video games may have a particular edition, nevertheless it is not necessary to have with a purpose to play the game. By not purchasing the special version it can save you cash on the video game and still take pleasure in it.
Try a toddler-on-one video gaming along with your children. This can give you a glimpse into how your little one has fun. Talking about your gaming lives gives frequent ground that's great for starting a dialog. Finally, you can witness their developmental skills and assist enhance them.
Rent before you buy! It's not uncommon to purchase a new sport, take it residence after which play it only to comprehend that it is nowhere close to the fun you thought it could be. It could not appeal to you in any number of ways. Rent it first and find out if it really offers what you want.
Try sport sites that offer opinions and trailers earlier than you purchase video games. What Parents Should Learn about Video Video games select games by what the packaging appears like, or what their pals want. However you can also make a more knowledgeable alternative by studying what different mother and father and children are saying about the popular video games. You will get good information by word-of-mouth.
Whereas the PS2 is not the most revolutionary system, this is a superb, cheap console to have. There is a exceptional difference in cost when purchasing these games. Want To Get Better At Video Games? Check Out These Tips! will also discover a decade's price of games obtainable for this console.
Though the pure urge you are feeling if you get your hands on a brand new recreation is perhaps to play it obsessively, this is a nasty idea for plenty of reasons. Not solely are you minimizing the overall quantity of enjoyment you get out of the sport, you may additionally rush proper previous a few of the most fascinating and exciting elements of the experience.
You want the hardware and specialized equipment your sport requires to play it proper. You don't need to purchase a sport after which be taught later on that you don't have the power to play it. Fastidiously learn the box before you buy the sport in order that you understand if you will want game particular controllers to operate it. You will know when you have every thing you want forward of time.
If you're critical about your gaming, get a system, fairly than rely on the internet. Online gaming is preditorial to each your pc and your personal knowledge, often only a guise for getting you to sign-up or open your computer to potential hazards. If you really love games, invest in a safer way to play.
If you have previous games for sale, post advertisements online to drum up curiosity. You should use an public sale site resembling eBay, however only achieve this after trying different strategies. Generally problems can come up if you have to ship the games. You'll be able to put up adverts on Craigslist and Fb to promote your games locally.
Speak to your children about the cost of video sport purchases. Video video games could be expensive and plenty of additionally provide alternatives to make additional in-recreation purchases that can actually add up. Be aware of month-to-month subscription charges. Discuss affordable limits on spending and agree on a particular quantity that you're each comfy with.
Should you and your youngster have a protracted highway journey forward, bringing along his hand-held video video games can assist your little one cross the time away. Car journeys will be troublesome on a child, and anything that could make his journey extra pleasant can give him a better expertise. Just make sure you set ground rules and time limits on how a lot time he spends on it.
The information and recommendation included in this text can assist make your video recreation experience higher. It may also assist you be certain that your family members have the type of experience that you really want for them. Keep this article around as a useful reference, and have enjoyable with video games!


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Michele Dotrice
|27 September 1948
Cleethorpes, Lincolnshire, England
|Years active
| Edward Woodward
(1987–2009; his death)
| Roy Dotrice
Kay Newman
|Karen and Yvette Dotrice (sisters)
Michele Dotrice (born 27 September 1948) is an English actress, best known for her portrayal of Betty Spencer, the long-suffering wife of Frank Spencer, played by Michael Crawford, in the BBC sitcom Some Mothers Do 'Ave 'Em , which ran from 1973 to 1978, and returned in 2016 for a special.
Her first significant role was in the 1962 13-part BBC TV adaptation of The Old Curiosity Shop in which she played Nell, [1] and she appeared in The Witches for Hammer Films in 1966. In 1970 she had starring roles in the horror thrillers And Soon the Darkness (1970) [2] and The Blood on Satan's Claw (1970). [3] Her other film appearances include Jane Eyre (1970) with George C. Scott [4] and the 1976 comedy Not Now, Comrade . [5]
It was her appearance in Some Mothers Do 'Ave 'Em that made her a household name, and she played the role for five years from 1973. [6] [7] [8] In February 2016 the BBC announced that she would be reprising the role in a one-off special, to be broadcast as part of the Sport Relief charity fundraiser event. [9]
She played Felicity in Season 1 Episode 3 "Buried in the cold cold ground" of the Jason King TV series, which aired on the 6th of October 1971. She played Lady Percy in the BBC's Henry IV parts 1 and 2 in 1979.
In 1981 she took the leading role in the short-lived sitcom Chintz, which aired on ITV. [10] In 1987, Dotrice played the role of a new mother who's child was snatched in an episode of The Equalizer along with her husband Edward Woodward. In the mid-1990s she appeared for several episodes in the period drama Bramwell . She appeared in the film Captain Jack (1999) with Bob Hoskins. She has made numerous guest appearances in well-known British television series, including Midsomer Murders (1 episode, 1998), Holby City (1 episode, 2002), Murder in Suburbia (as Cindy in Episode 6, Season 2, 2005), and the BBC daytime soap opera Doctors (1 episode, 2008). In addition, she made several appearances in a 2004 Nottingham-set BBC comedy-drama entitled 'A Thing Called Love', which starred Paul Nicholls and Roy Barraclough among others.
In 2012 she toured in an adapted version of The Ladykillers , playing the role of Mrs Wilberforce. [11] In 2014, she played Pam Chandler, a suspected murderer, in the last episode of series three of Death in Paradise . [12] In 2015, she played Marion, mother to Christine in the Inside No. 9 episode The 12 Days of Christine . [13] In 2016, she played Nancy, the faithful dresser and woman of all work to the main character, in the West End production of Nell Gwynn. [14] In 2017 she played Jessie in the stage musical The Girls at the Phoenix Theatre in the West End. [15]
In 2018 she returned to television playing Edna Friendship in A Very English Scandal .
ITV launched their new drama in 2020 McDonald & Dodds in which she played Mary Costair in the second episode of Series 1.
Her father was the actor Roy Dotrice (d. 2017); her mother Kay Dotrice (d. 2007) was an actress. She has two sisters, Karen Dotrice and Yvette Dotrice, who also followed their parents into acting.
Dotrice was married to actor Edward Woodward from January 1987 until his death in November 2009. [16] They have a daughter named Emily Beth.
Michael Patrick Smith,, known by the professional stage name of Michael Crawford, is an English actor, comedian, stuntman, singer, and voice artist.
Some Mothers Do 'Ave 'Em is a British sitcom created and written by Raymond Allen and starring Michael Crawford and Michele Dotrice. It was first broadcast in 1973 and ran for three series, ending in 1978, and returning in 2016 for a one-off special. The series follows the accident-prone Frank Spencer and his tolerant wife, Betty, through Frank's various attempts to hold down a job, which frequently end in disaster. The sitcom was noted for its stuntwork, performed by Crawford himself, as well as featuring various well-remembered and much lampooned catchphrases, that have become part of popular culture. In a 2004 poll to find Britain's Best Sitcom, Some Mothers Do 'Ave 'Em came 22nd.
Anna Maria Louisa Italiano, known professionally as Anne Bancroft, was an American actress, director, screenwriter and singer associated with the method acting school, having studied under Lee Strasberg. Respected for her acting prowess and versatility, Bancroft was acknowledged for her work in film, theater and television. She won one Academy Award, three BAFTA Awards, two Golden Globes, two Tony Awards, and two Emmy Awards and several other awards and nominations.
Joan Ann Hackett was an American actress of film, stage and television. She was nominated for the BAFTA Award for Best Foreign Actress for the 1966 film The Group, and starred in the 1967 western Will Penny. She was nominated for the Academy Award for Best Supporting Actress and won the Golden Globe Award for Best Supporting Actress for the 1981 film Only When I Laugh. She also starred as Christine Mannon in the 1978 PBS miniseries version of Mourning Becomes Electra.
Roy Dotrice was a British stage, television and film actor who won a Tony Award for his performance in the 2000 Broadway revival of A Moon for the Misbegotten. He appeared as Wolfgang Amadeus Mozart's father Leopold in Amadeus (1984), Charles Dickens in Dickens of London (1984), and Jacob Wells/Father in Beauty and the Beast. He narrated the audiobooks for George R. R. Martin's epic fantasy series A Song of Ice and Fire, for which he held the Guinness World Record for the most character voices for an audiobook by an individual.
Michele Lee is an American actress, singer, dancer, producer and director. She is known for her role as Karen Cooper Fairgate MacKenzie on the 1980s prime-time soap opera Knots Landing (1979–93), for which she was nominated for a 1982 Emmy Award and won the Soap Opera Digest Award for Best Actress in 1988, 1991 and 1992. She was the only performer to appear in all 344 episodes of the series.
Sarah Douglas is an English actress. She is perhaps best known for playing the Kryptonian supervillain Ursa in Superman (1978) and Superman II (1980), and Jinda Kol Rozz in one episode of Supergirl in 2018.
Jean Lyndsey Torren Marsh, is an English actress and writer. She co-created and starred in the ITV series Upstairs, Downstairs (1971–75), for which she won the 1975 Emmy Award for Outstanding Lead Actress in a Drama Series for her performance as Rose Buck. She later reprised the role in the BBC's revival of the series (2010–12). Marsh also co-created the television series The House of Eliott in 1991. Her film appearances include Cleopatra (1963), Frenzy (1972), The Changeling (1980), Return to Oz (1985), Willow (1988), Fatherland (1994) and Monarch (2000).
Pamela Franklin is a British former actress. She is best known for her role in the film The Prime of Miss Jean Brodie (1969), for which she won a NBR Award and received a BAFTA Film Award nomination.
Anne Reid, MBE is an English stage, film and television actress, known for her roles as Valerie Barlow in the soap opera Coronation Street (1961–71); Jean in the sitcom Dinnerladies (1998–2000); and her BAFTA-nominated role as Celia Dawson in Last Tango in Halifax (2012–2020). She won the London Film Critics Circle Award for British Actress of the Year for the film The Mother (2003).
Christopher Timothy is a Welsh actor. He is known for his roles as James Herriot in All Creatures Great and Small, Mac McGuire in the BBC soap opera Doctors and Ted Murray in the BBC soap opera EastEnders.
Linda Hayden is an English film and television actress. She is best known for her roles in 1970s British horror films and sex comedies.
Gwen Taylor is an English actress who has appeared in many British television programmes. She is known for her roles as Amy Pearce in the sitcom Duty Free (1984–86); Barbara Liversidge in the sitcom Barbara (1999–2003); Peggy Armstrong in the drama series Heartbeat (2005–09), and Anne Foster in the soap opera Coronation Street (2011–12). She was nominated for the 1990 BAFTA TV Award for Best Actress for her role as Rita Simcock in the comedy series A Bit of a Do (1989). Her film appearances include Monty Python's Life of Brian (1979) and The Lady in the Van (2015).
Geraldine "Gerry" Cowper is an English actress who is best known for playing Rowan Morrison in the 1973 British Lion classic horror film, The Wicker Man and later as Rosie Miller in EastEnders. In the mid-1980s she took the part of Clare France in After Henry on BBC radio and also appeared on television as Jim Hacker's daughter in Yes Minister.
Michael Michele is an American actress and fashion designer. She began her career on stage before appearing opposite Wesley Snipes in the 1991 film New Jack City.
The Blood on Satan's Claw, also released as Satan's Skin, is a 1971 British horror film made by Tigon British Film Productions and directed by Piers Haggard. The film was written by Robert Wynne-Simmons, with additional material by Piers Haggard, and stars Patrick Wymark, Linda Hayden and Barry Andrews. It is set in early 18th-century England, and tells the story of a village taken over by demonic possession.
Deddie Davies was a Welsh character actress.
Georgia May King is an English actress.
Barbara Mitchell was an English actress who became a familiar face on British television in the 1960s and 1970s, best known for her work in many classic sitcoms of the period.
Jane Hylton (16 July 1926 – 28 February 1979, born as Audrey Gwendolene Clark, was an English actress who accumulated 30 film credits, mostly in the 1940s and 1950s, before moving into television work in the latter half of her career in the 1960s and 1970s.


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Engineering & Computer Solutions
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text: Posted on February 7, 2012 Posted By: WebAdminCategories: Upcoming Events Come support our youth & children as they lead us in worship. Hogan Brock will share our message in the 8:30 service, & Bennett Garland in the 10:45 worship service. Students will lead through music, drama & more! PVN LOVES youth & children!


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Excellent Condition, ONLY 50,402 Miles! EPA 27 MPG Hwy/22 MPG City! xB trim. iPod/MP3 Input, Bluetooth, Back-Up Camera. READ MORE!
Back-Up Camera, Premium Sound System, iPod/MP3 Input, Bluetooth
Child Safety Locks, Electronic Stability Control, Brake Assist, 4-Wheel ABS, Tire Pressure Monitoring System, 4-Wheel Disc Brakes Scion xB with Super White exterior and Dark Charcoal interior features a 4 Cylinder Engine with 158 HP at 6000 RPM*. Serviced here, Non-Smoker vehicle
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Crossroads Chevrolet is a new and used car dealership in Mount Hope, WV. We carry the full line of Chevy models, as well as used and certified pre-owned vehicles. Crossroads Chevy also has certified service, parts, and finance departments. Pump up the sound with the Golf's standard 8-speaker system, better than that of the Ford Focus, Mazda3, and Subaru Impreza. --VW 3,000 ADDITIONAL DISCOUNT MAY APPLY - Contact us for more information. Excellent Condition, ONLY 50,402 Miles! EPA 27 MPG Hwy/22 MPG City! xB trim. iPod/MP3 Input, Back-Up Camera. READ MORE!
Pricing analysis performed on 3/28/2020. Horsepower calculations based on trim engine configuration. Fuel economy calculations based on original manufacturer data for trim engine configuration. Please confirm the accuracy of the included equipment by calling us prior to purchase.
Thanks to our fantastic location in North Wilkesboro, we've served customers from Boone, Statesville, Taylorsville, Windy Gap, and Mt Airy connecting to them to their dream Toyotas and helping keep them in top shape. Whether you're shopping for a Tundra, Camry, Tacoma, 4Runner, or any other Toyota model, Classic Toyota of Wilkesboro is your one-stop-shop!
All vehicles are subject to prior sale. Price does not include dealer installed options, applicable tax, title, license, and $699 admin fee. All offers with approved credit and includes all rebates and dealer incentives.
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Does Christianity Brainwash the Vulnerable? (Video)
Greg refutes the challenge that those who turn to Christ during a difficult time in life have somehow been taken advantage of.
Nature Discriminates against Same-Sex Marriage
The definition of marriage as being between a man and a woman is not the result of bigotry; it's the result of the unchangeable facts of biology.
An Encouragement to Remain Faithful
Despite the fact that four aspects of early Christianity offended the Romans, the church flourished and grew. We, too, must remain faithful.
Why Is There So Much Evil? (Video)
Alan shares some thoughts regarding three realms of brokenness that produce evil in the world.
Compassion Means to Suffer With
If only our society would once again define compassion not as offering to help people kill themselves, but as offering to walk with them through a difficult time.
Why Jack Phillips of Masterpiece Cakeshop Should Win His Supreme Court Case
Free speech, even with all its messiness, is a great good worth protecting. We're about to find out if we're still committed to it.
Religious Liberty Case Is Not about Refusing to Serve People "Because of Who They Are"
Today, the Supreme Court will hear arguments in the Masterpiece Cakeshop case, and there's a major misconception about this case that needs to be cleared up.
The Problem of Evil (Video)
Greg discusses a road block that often stands in the way of belief in Christianity.
Why Do Other Religions Emphasize Works for Salvation? (Video)
In Christianity, salvation is a gift rather than a reward for works. Alan shares why Christianity is different from many other religions in this way.
What Does It Mean to Be Human?
The increasingly-common belief that human beings only have instrumental value leads to disturbing real-world results.