Recrafting The Rule Of Law

Overview

This collection of essays on the rule of law focuses on the traditional question whether the rule of law is necessarily the rule of moral principles, the question of the legitimacy of law. Essays by lawyers, philosophers, and political theorists illuminate and take forward both that question and debate about issues to do with the reach of the rule of law which complicates its answer. The essays are divided into sections which deal, first, with legal orders where the rule of law is under severe stress, second, ...
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Overview

This collection of essays on the rule of law focuses on the traditional question whether the rule of law is necessarily the rule of moral principles, the question of the legitimacy of law. Essays by lawyers, philosophers, and political theorists illuminate and take forward both that question and debate about issues to do with the reach of the rule of law which complicates its answer. The essays are divided into sections which deal, first, with legal orders where the rule of law is under severe stress, second, with the question of the value of the rule of law as a conceptual problem, and, third, with the question of the limits of legal order.
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Editorial Reviews

Booknews
Lawyers, philosophers, and political theorists offer 16 essays in which they ponder the traditional question of whether the rule of law is necessarily the rule of moral principles. Their overall themes are the value of the rule of law as a conceptual problem, the limits of legal order, and legal orders where the rule of law in under severe stress<-->including South Africa in the 1980s, US slave law, and the Israeli constitutional revolution. Distributed in the US by ISBS. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9781901362312
  • Publisher: Hart Publishing (UK)
  • Publication date: 7/1/1999
  • Pages: 392
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.88 (d)

Table of Contents

List of Contributors
Preface and Acknowledgements
1 Recrafting the Rule of Law 1
Pt. I Law Under Stress
2 A Defence of Radbruch's Formula 15
3 The Interpretation and Invalidity of Unjust Laws 40
4 Legality Without a Constitution: South Africa in the 1980s 66
5 Delivering Positivism from Evil 81
6 Legal Positivism and American Slave Law: The Case of Chief Justice Shaw 113
7 The Rule of Law and Judicial Review: Reflections on the Israeli Constitutional Revolution 143
Pt. II Reconceiving the Rule of Law
8 Rhetoric and the Rule of Law 163
9 Utopia and the Rule of Law 178
10 The Rule of Law Revisited: Democracy and Courts 196
Pt. III The Limits of Legal Order
11 Parks, Dogs, and the Rule of Law: Post-communist Reflections 227
12 Globalization and the Fate of Law 243
13 Supranational Challenges to the Rule of Law: The Case of the European Union 267
14 Constructing Law's Mandate 283
15 Administrative Policy-making: Rule of Law or Bureaucracy? 309
16 The Real Democracy Problem in Administrative Law 331
Index 371
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