On the Rule of Law: History, Politics, Theory

ISBN-13: 9780521604659 / Angielski / Miękka / 2004 / 190 str.

Brian Z. Tamanaha

Opis

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.

Recenzje

'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

Spis treści

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?