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.
Author(s): Jens Meierhenrich, Martin Loughlin
Series: Cambridge Companions To Law
Edition: 1
Publisher: Cambridge University Press
Year: 2021
Language: English
Commentary: TruePDF | Correct Cover | Correct TOC
Pages: 715
Tags: Rule Of Law
Cover
Half Title
Series Title
Title
Copyright
Contents
Contributors
Part I | Introduction
Thinking about the Rule of Law
Part II | Histories
1 | Classical Athens’ Radical Democratic “Rule of Law”
2 | Rechtsstaat versus the Rule of Law
3 | État de droit: The Gallicization of the Rechtsstaat
4 | Islamic Conceptions of the Rule of Law
5 | Empires and the Rule of Law: Arbitrary Justice and Imperial Legal Ordering
Part III | Moralities
6 | The Rule of Law as an Essentially Contested Concept
7 | The Rule of Law in Montesquieu
8 | The Spirit of Legality: A. V. Dicey and the Rule of Law
9 | Michael Oakeshott’s Republican Theory of the Rule of Law
10 | The Morality of the Rule of Law: Lon L. Fuller
11 | E. P. Thompson and the Rule of Law: Qualifying the Unqualified Good
12 | Functions of the Rule of Law
13 | A Positive Theory of the Rule of Law
Part IV | Pathologies
14 | Thomas Hobbes and the Rule by Law Tradition
15 | Conservative Critiques of the Rechtsstaat
16 | Judith Shklar’s Critique of Legalism
17 | The Frankfurt School and the Rule of Law
18 | Critical Legal Studies and the Rule of Law
19 | Feminist Critiques of the Rule of Law
20 | Critical Race Theory and the Rule of Law
Part V | Trajectories
21 | (Economic) Development and the Rule of Law
22 | Democracy and the Rule of Law
23 | Constitutionalism and the Rule of Law
24 | Punishment in the Rule of Law
25 | Populism and the Rule of Law
26 | An “International Rule of Law Movement”?
27 | Rule of Law Measurement
28 | Post-Conflict Rule of Law
29 | A Global Rule of Law
Part VI | Conclusion
30 | What the Rule of Law Is . . . and Is Not
Bibliography
Index
