We should not be fooled by the Legalists’ emphasis on law into thinking that their doctrine had anything to do with rule of law in the sense I use that term in this book. In the West, in India, and in the Muslim world, there was a body of preexisting law, sanctified by religion and safeguarded by a hierarchy of priests and clerics, that was prior to and independent of the state. This law was seen as being older, higher, and more legitimate than the current ruler and therefore binding on him. That is the meaning of the rule of law: even the king or emperor is bound by law and not free simply to
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