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Recrafting the Rule of Law: The Limits of Legal Order

Editat de David Dyzenhaus
en Limba Engleză Hardback – 30 iun 1999
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 complicate 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.Contributors: Richard Abel, Jody Freeman, Robert Alexy, Neil MacCormick, Kenneth Winston, Andras Sajo, Alon Harel, Anton Fagan, Anthony Sebok, Christine Sypnowich, Allan Hutchinson, Bill Scheuerman, John MacCormick, Julian Rivers, Henry Richardson, David Dyzenhaus.
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Specificații

ISBN-13: 9781901362312
ISBN-10: 1901362310
Pagini: 340
Dimensiuni: 156 x 234 x 26 mm
Greutate: 0.71 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This collection of essays focuses on the traditional question whether the rule of law is necessarily the rule of moral principles, the question of the legitimacy of law. Lawyers, philosophers and political theorists explore the issues it raises.

Notă biografică

David Dyzenhaus is Professor of Law and Philosophy at the University of Toronto.

Cuprins

1. Recrafting the Rule of LawDavid DyzenhausPART I:LAW UNDER STRESS2. A Defence of Radbruch's FormulaRobert Alexy3. The Interpretation and Invalidity of Unjust LawsJulian Rivers4. Legality Without a Constitution: South Africa in the 1980sRichard L. Abel5. Delivering Positivism from EvilAnton Fagan6. Legal Positivism and American Slave Law: The Case of Chief Justice ShawAnthony J. Sebok7. The Rule of Law and Judicial Review: Reflections on the Israeli Constitutional RevolutionAlon HarelPART II: RECONCEIVING THE RULE OF LAW8. Rhetoric and the Rule of LawNeil MacCormick9. Utopia and the Rule of LawChristine Sypnowich10. The Rule of Law Revisited: Democracy and CourtsAllan C. HutchinsonPART III: THE LIMITS OF LEGAL ORDER11. Parks, Dogs, and the Rule of Law: Post-communist ReflectionsAndras Sajo12. Globalization and the Fate of LawWilliam E. Scheuerman13. Supranational Challenges to the Rule of Law: The Case of the European UnionJohn P. McCormick14. Constructing Law's MandateKenneth Winston15. Administrative Policy-making: Rule of Law or Bureaucracy?Henry S. Richardson 16. The Real Democracy Problem in Administrative LawJody Freeman

Recenzii

This book is highly recommended for graduate level students in law, politics and international trade, as well as for the scholarly community to whom this collection of essays was clearly directed This book is further recommended to national leaders and country representatives in foreign and international trade as a rich and enlightening discussion of the difficult issues and dynamic forces at play in the rule of law throughout the world today.
...a broad collection of stimulating and informative essays.

Descriere

This collection focuses on 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 that question and debate issues which complicate it