The Cambridge Companion to the Rule of Law
Series: Cambridge Companions to Law;
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21 251 Ft
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Product details:
- Publisher Cambridge University Press
- Date of Publication 12 August 2021
- ISBN 9781108454438
- Binding Paperback
- No. of pages500 pages
- Size 229x152x34 mm
- Weight 990 g
- Language English 295
Categories
Short description:
Introduces students, scholars, and practitioners to the theory and history of the rule of law.
MoreLong description:
The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.
'The historian EP Thompson thought it "an unqualified human good" but Judith Shklar dismissed it as a "bit of ruling class chatter". So what is the rule of law and does it matter? These are the questions explored in this timely and thought-provoking collection by an impressive array of leading scholars. For political scientists, philosophers, lawyers and policy-makers who seek answers to these questions it will be an invaluable resource.' Catherine O'Regan, Director of the Bonavero Institute of Human Rights, University of Oxford
Table of Contents:
Part I. Introduction: Thinking About the Rule of Law Jens Meierhenrich and Martin Loughlin; Part II. Histories: 1. Classical Athens' radical democratic 'rule of law' Adriaan Lanni; 2. Rechtsstaat versus the rule of law Jens Meierhenrich; 3. &&&201;tat de droit: the gallicization of the rechtsstaat Luc Heuschling; 4. Islamic conceptions of the rule of law Lawrence Rosen; 5. Empires and the rule of law Lauren Benton and Lisa Ford; Part III. Moralities: 6. The rule of law as an essentially contested concept Jeremy Waldron; 7. The rule of law in Montesquieu Sharon R. Krause; 8. The spirit of legality: A. V. Dicey and the rule of law Mark D. Walters; 9. Michael Oakeshott's republican theory of the rule of law Martin Loughlin; 10. The morality of the rule of law: Lon Fuller Kristen Rundle; 11. E. P. Thompson and the rule of law: qualifying the 'unqualified good' Douglas Hay; 12. Functions of the rule of law Brian Z. Tamanaha; 13. Modeling the rule of law Barry R. Weingast, Gillian K. Hadfield and Jens Meierhenrich; Part IV. Pathologies: 14. Thomas Hobbes and the rule-by-law tradition David Dyzenhaus; 15. Conservative critiques of the rule of law Peter C. Caldwell; 16. Judith Shklar's critique of legalism Seyla Benhabib and Paul Linden-Retek; 17. The Frankfurt school and the rule of law William E. Scheuerman; 18. Critical legal studies and the rule of law Mark Tushnet; 19. Feminist critiques of the rule of law Vanessa E. Munro; 20. Critical race theory and the rule of law Khiara M. Bridges; Part V. Trajectories: 21. Economic development and the rule of law Shane Chalmers and Sundhya Pahuja; 22. Democracy and the rule of law Martin Krygier; 23. Constitutionalism and the rule of law Roberto Gargarella; 24. Punishment in the rule of law Lindsay Farmer; 25. Populism and the rule of law Nicola Lacey; 26. An 'international rule-of-law movement'? Stephen Humphreys; 27. Measuring the rule of law Tom Ginsburg and Mila Versteeg; 28. Post-conflict rule of law Jane E. Stromseth; 29. A global rule of law Anne Orford; Part VI. Conclusion: 30. What the rule of law is... and is not Jens Meierhenrich.
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