On the Rule of Law: History, Politics, TheoryCambridge University Press, 18 thg 11, 2004 - 180 trang 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. |
Nội dung
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 |
Thuật ngữ và cụm từ thông dụng
A. V. Dicey according Adam Przeworski applied Aristotle asserted bills of rights Cambridge Univ century citizens common law conception Constitution courts Critical Legal Studies culture customary law decisions democracy democratic Dicey Dworkin economic emperor enforced equality exist Federalist Papers feudal formal legality freedom global government officials Hayek History Hobbes human rights Ibid ideal identified implications indeterminacy thesis individual rights interests international law Journal judges judicial judiciary justice king Law Review law tradition law-making legal liberty legal limits legal rules legal system legal theorists legislation Legislation and Liberty liberal democracies Magna Carta means Medieval period ment Middle Ages modern monarchs Montesquieu moral natural law notion orientation Oxford Univ Political Thought popes positive law predictability Press principles protection reason Rechtsstaat regimes requirements restraints Roman Ronald Dworkin rule of law social welfare society sovereign substantive Tamanaha tion tribunals understanding Unger Western World York
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