Research Catalog

Title

The Rule of law / edited by Ian Shapiro.

Publication

New York : New York University Press, c1994.

Items in the Library & Off-site

Holdings

Details

Additional Authors

• American Society for Political and Legal Philosophy. Annual Meeting (1992 : San Antonio, Tex.)
• Association of American Law Schools
• Shapiro, Ian

Description

xiv, 381 p.; 22 cm.

Summary

From the sprawling remnants of the Soviet empire to the southern tip of Africa, attempts are underway to replace arbitrary political regimes with governments constrained by the rule of law. This ideal which subordinates the wills of individuals, social movements--and even, sometimes, democratically elected majorities--to the requirements of law, is here explored by leading legal and political thinkers. Part I of The Rule of Law examines the interplay of democracy and the rule of law, while Part II focusses on the centuries-old debate about the meaning of the rule of law itself. Part III takes up the constraints that rationality exercises on the rule of law. If the rule of law is desirable partly because it is rational, then departures from that rule might also be desirable in the event that they can be shown to be rational. Part IV concentrates on the limits of the rule of law, considering the tensions between liberalism and the rule of law which exist despite the fact that reasoned commitment to the rule of the law is preeminently a liberal commitment. -- Amazon.com.

Series Statement

Nomos ; 36

Uniform Title

Nomos 36.

Subject

• Rule of law
• Rule of law > United States

Genre/Form

Congresses (form)

Note

• Based on presentations and commentaries from the annual meeting of the American Society for Political and Legal Philosophy, held in conjunction with the Association of American Law Schools in San Antonio, January 1992.

Bibliography (note)

• Includes bibliographical references and index.

Processing Action (note)

• committed to retain

Contents

Democracy and the rule of law / Jean Hampton -- Civil disobedience and the rule of law-- a Lockean insight / Cathering Valcke -- Hobbes, Locke, and the problem of the rule of law / Michael P. Zuckert -- Democracy, equality, and the death penalty / Robert A. Burt -- The legal codes of ancient Israel / Michael Walzer -- Equity and the rule of law / Lawrence B. Solum -- The rule of law, justice, and the politics of moderation / Stephen Macedo -- Particularism, discretion, and the rule of law / Steven J. Burton -- My university's yacht : morality and the rule of law / Russell Hardin -- The institution of morality / David Schmidtz -- Public choice and the rule of law : rational choice theories of statutory interpretation / Jack Knight and James Johnson -- Politics, interpretation, and the rule of law / William N. Eskridge, Jr. and John Ferejohn -- Liberalism and the suspect enterprise of political institutionalization : the case of the rule of law / Richard Flathman -- Public reason and the rule of law / Gerald F. Gaus.

ISBN

0814779832 (acid-free paper) :

LCCN

^^^93030298^

OCLC

28721445

Owning Institutions

Harvard Library