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The Cambridge Companion to the Rule of Law

$130.00 (P)

Part of Cambridge Companions to Law

Jens Meierhenrich, Martin Loughlin, Adriaan Lanni, Luc Heuschling, Lawrence Rosen, Lauren Benton, Lisa Ford, Jeremy Waldron, Sharon R. Krause, Mark D. Walters, Kristen Rundle, Douglas A. Hay, Brian Z. Tamanaha, Barry Weingast, Gillian Hadfield, David Dyzenhaus, Peter C. Caldwell, Seyla Benhabib, Paul Linden-Retek, William E. Scheuerman, Mark Tushnet, Vanessa Munro, Khiara M. Bridges, Shane Chalmers, Sundhya Pahuja, Martin Krygier, Roberto Gargarella, Lindsay Farmer, Nicola Lacey, Stephen Humphreys, Tom Ginsburg, Mila Versteeg, Jane Stromseth, Anne Orford
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  • Date Published: August 2021
  • availability: Available
  • format: Hardback
  • isbn: 9781316512135

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About the Authors
  • 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.

    • The first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law
    • Sheds new light on the promise and limits of the rule of law in domestic politics and international affairs
    • Advances the longstanding, policy-relevant debate about rule of law promotion by governments, NGOs, and international organizations
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    Reviews & endorsements

    'The historian EP Thompson thought it “an unqualified human good” but Judith Shklar dismissed it as a “bit of ruling class chatter”. So what is the rule of law and does it matter? These are the questions explored in this timely and thought-provoking collection by an impressive array of leading scholars. For political scientists, philosophers, lawyers and policy-makers who seek answers to these questions it will be an invaluable resource.' Catherine O’Regan, Director of the Bonavero Institute of Human Rights, University of Oxford

    'Brilliantly designed and edited, multi-faceted yet coherent, realistic and profound, this volume should immunise future discussions of the rule of law against simplistic approaches. It can also serve as a model for editors of theoretical companions, handbooks and collections. A masterpiece.' William Twining, Emeritus Professor of Jurisprudence, University College London

    'For some time, it seemed easier to find a universal agreement on the rule of law than on democracy and human rights. Today, we are facing a situation where the rule of law is questioned even in states that appeared to be firmly rooted in the tradition of Western constitutionalism. Therefore, Jens Meierhenrich's and Martin Loughlin's endeavour to redefine the rule of law and to ask whether and in which understanding it is worth being defended is timely and satisfies an urgent need.' Dieter Grimm, Professor of Law, Humboldt University Berlin, Former Justice of the Federal Constitutional Court of Germany

    'Meierhenrich and Loughlin have gathered together leading legal scholars from around the world to produce an extraordinary collection of essays. The editors set out to challenge settled expectations by making “the rule of law strange again.” The result is a major contribution to legal theory – an indispensable text for scholars and an entire syllabus for the classroom.' Paul W. Kahn, Robert W. Winner Professor of Law and the Humanities, Yale Law School

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    Product details

    • Date Published: August 2021
    • format: Hardback
    • isbn: 9781316512135
    • length: 500 pages
    • dimensions: 235 x 158 x 40 mm
    • weight: 0.113kg
    • availability: Available
  • Table of Contents

    Part I. Introduction: Thinking About the Rule of Law Jens Meierhenrich and Martin Loughlin
    Part II. Histories:
    1. Classical Athens' radical democratic 'rule of law' Adriaan Lanni
    2. Rechtsstaat versus the rule of law Jens Meierhenrich
    3. État de droit: the gallicization of the rechtsstaat Luc Heuschling
    4. Islamic conceptions of the rule of law Lawrence Rosen
    5. Empires and the rule of law Lauren Benton and Lisa Ford
    Part III. Moralities:
    6. The rule of law as an essentially contested concept Jeremy Waldron
    7. The rule of law in Montesquieu Sharon R. Krause
    8. The spirit of legality: A. V. Dicey and the rule of law Mark D. Walters
    9. Michael Oakeshott's republican theory of the rule of law Martin Loughlin
    10. The morality of the rule of law: Lon Fuller Kristen Rundle
    11. E. P. Thompson and the rule of law: qualifying the 'unqualified good' Douglas Hay
    12. Functions of the rule of law Brian Z. Tamanaha
    13. Modeling the rule of law Barry R. Weingast, Gillian K. Hadfield and Jens Meierhenrich
    Part IV. Pathologies:
    14. Thomas Hobbes and the rule-by-law tradition David Dyzenhaus
    15. Conservative critiques of the rule of law Peter C. Caldwell
    16. Judith Shklar's critique of legalism Seyla Benhabib and Paul Linden-Retek
    17. The Frankfurt school and the rule of law William E. Scheuerman
    18. Critical legal studies and the rule of law Mark Tushnet
    19. Feminist critiques of the rule of law Vanessa E. Munro
    20. Critical race theory and the rule of law Khiara M. Bridges
    Part V. Trajectories:
    21. Economic development and the rule of law Shane Chalmers and Sundhya Pahuja
    22. Democracy and the rule of law Martin Krygier
    23. Constitutionalism and the rule of law Roberto Gargarella
    24. Punishment in the rule of law Lindsay Farmer
    25. Populism and the rule of law Nicola Lacey
    26. An 'international rule-of-law movement'? Stephen Humphreys
    27. Measuring the rule of law Tom Ginsburg and Mila Versteeg
    28. Post-conflict rule of law Jane E. Stromseth
    29. A global rule of law Anne Orford
    Part VI. Conclusion:
    30. What the rule of law is… and is not Jens Meierhenrich.

  • Editors

    Jens Meierhenrich, London School of Economics
    Jens Meierhenrich is Associate Professor of International Relations at the London School of Economics and Political Science and previously taught at Harvard University. His books include The Legacies of Law (2008), The Remnants of the Rechtsstaat (2018), The Violence of Law (2021), and, as co-editor, The Oxford Handbook of Carl Schmitt, 2016).

    Martin Loughlin, London School of Economics
    Martin Loughlin is Professor of Public Law at the London School of Economics and Political Science and previously taught at the University of Glasgow and at the University of Manchester. His books include Sword and Scales (2000), The Idea of Public Law (2003), Foundations of Public Law (2010), and, as co-editor, The Paradox of Constitutionalism (2007).

    Contributors

    Jens Meierhenrich, Martin Loughlin, Adriaan Lanni, Luc Heuschling, Lawrence Rosen, Lauren Benton, Lisa Ford, Jeremy Waldron, Sharon R. Krause, Mark D. Walters, Kristen Rundle, Douglas A. Hay, Brian Z. Tamanaha, Barry Weingast, Gillian Hadfield, David Dyzenhaus, Peter C. Caldwell, Seyla Benhabib, Paul Linden-Retek, William E. Scheuerman, Mark Tushnet, Vanessa Munro, Khiara M. Bridges, Shane Chalmers, Sundhya Pahuja, Martin Krygier, Roberto Gargarella, Lindsay Farmer, Nicola Lacey, Stephen Humphreys, Tom Ginsburg, Mila Versteeg, Jane Stromseth, Anne Orford

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