The Cambridge Companion to the Rule of Law

Description

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. Copyright_page Contents Contributors Introduction 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