On the Rule of Law: History, Politics, Theory

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November 2010



Although it is currently the most important political ideal, there is much confusion about what the 'rule of law' means and how it works. Brian Tamanaha outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book's examination of the rule of law on a global level concludes by deciding whether the rule of law is a universal human good.


Acknowledgments; Introduction; 1. Classical origins; 2. Medieval roots; 3. Liberalism; 4. Locke, Montesquieu, the Federalist papers; 5. Consrvatives warn; 6. Rradical left encourages decline; 7. Formal theories; 8. Substantive theories; 9. Three themes; 10. International level; 11. A universal human good?


Brian Z. Tamanaha is Chief Judge Benjamin N. Cardozo Professor of Law at St. John's University School of Law.


'Terrific. Brian Tamanaha has written a book that should educate not only every student and layperson who reads it, but also scholars who wrongly think there is nothing new to say about 'the rule of law' ... I hope it gets the wide readership it deserves.' Sanford Levinson, University of Texas Law School and author of Wresting with Diversity 'The rule of law seems increasingly important and desirable. But the question remains: what is it? In his short book On The Rule Of Law, Brain Tamanaha seeks to answer this basic question, and he succeeds. This is a valuable work that fills the need for a clearly articulated introduction to this now widely praised, but often poorly understood, political ideal. ... For anyone seeking to evaluate the multitude of public statements or academic works that promote, critique, or disparage the rule of law, this book is an excellent point of departure for that evaluation.' Law and Politics Review
EAN: 9780521843621
ISBN: 0521843626
Untertitel: Sprache: Englisch.
Erscheinungsdatum: November 2010
Seitenanzahl: 180 Seiten
Format: gebunden
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