On the Rule of Law: History, Politics, Theory

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Cambridge University Press, 18 nov 2004 - 180 páginas
The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author 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 examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.
 

Índice

Acknowledgments page
1
Classical origins
7
Medieval roots
15
Liberalism
32
Locke Montesquieu the Federalist Papers
47
Conservatives warn
60
Radical left encourages decline
73
Formal theories
91
Substantive theories
102
Three themes
114
International level
127
A universal human good?
137
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Sobre el autor (2004)

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

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