The rule of law is a valuable human achievement. It is valuable not only instrumentally, but also for its own sake as a significant aspect of social justice. Only in a society that enjoys the rule of law is it possible for people to regard one another as fellow free citizens; no one the master of anyone else. Nevertheless, the rule of law is poorly understood. In this book, Frank Lovett develops a rigorous conception of the rule of law that is grounded in legal positivism, and offers a civic republican argument for its value in terms of freedom from domination. Bridging persistent methodological gaps that divide legal philosophy, social science, and political theory, Lovett demonstrates how insights from all three can be united in a single powerful theory. This book will appeal to anyone interested in the rule of law, including scholars, legal officials, and policy-makers.
|Publisher:||Cambridge University Press|
|Product dimensions:||6.22(w) x 9.33(h) x 0.79(d)|
About the Author
Frank Lovett is Associate Professor of Political Science and Director of Legal Studies at Washington University, St Louis.
Table of Contents1. Introduction; Part I. Legal Statics: 2. Social rules and norms; 3. Legal systems; 4. The rule of law and its value; Part II. Legal Dynamics: 5. Adjudication and the realist challenge; 6. Legislation, administration, and discretion; 7. Conclusion; Appendix 1. The principles of legality; Appendix 2. Measuring the rule of law.