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On the Rule of Law
History, Politics, Theory

$118.00 (P)

  • Date Published: December 2004
  • availability: Available
  • format: Hardback
  • isbn: 9780521843621

$ 118.00 (P)

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About the Authors
  • Although it is currently the most important political ideal, there is much confusion about what the 'rule of law' means and how it works. Brian Tamanaha outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book's examination of the rule of law on a global level concludes by deciding whether the rule of law is a universal human good.

    • Offers a comprehensive exploration of the rule of law: examines the major theories of the rule of law, and in particular their origins in historical and political traditions
    • Theoretically sophisticated yet written in a style that is accessible to readers with no theoretical background
    • The subject of the book, the rule of law, is a universally accepted political ideal, and is of great relevance to contemporary affairs
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    Reviews & endorsements

    "Concise but comprehensive...For anyone seeking to evaluate the multitude of public statements or academic works that promote, critique, or disparage the rule of law, this book is an excellent point of departure for that evaluation." Law and Politics Review

    "Terrific. Brian Tamanaha has written a book that should educate not only every student and layperson who reads it, but also scholars who wrongly think there is nothing new to say about the rule of law... I hope it gets the wide readership it deserves." Sanford Levinson, Professor of Law, University of Texas Law school, author of Wrestling with Diversity

    "[Tamanaha]'s book presents a brief and clear introductory history and analysis that defends the coherence and value of the rule of law and that gives a sense of its global reach, limitations, and prospects...analyses are intelligent and fair-minded...Tamanaha is clearly a sophisticated institutionalist, and On the Rule of Law offers valuable insights." - Perspectives on Politics, Stephen G. Englemann, University of Illinois at Chicago

    "Brian Z. Tamanaha has written a clear, concise, accurate, and convincing history of the triumph of the rule of law, beginning in Greece and Rome, continuing through the Middle Ages, developing through the liberal enlightenment, expanding after the Second World War and Cold War victories and resisting the retrograde challenges of communism, fascism, and other trendy authoritarian or relativist ideas." - Mortimer Sellers, University of Baltimore School of Law

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    Product details

    • Date Published: December 2004
    • format: Hardback
    • isbn: 9780521843621
    • length: 190 pages
    • dimensions: 229 x 159 x 16 mm
    • weight: 0.45kg
    • availability: Available
  • Table of Contents

    1. Classical origins
    2. Medieval roots
    3. Liberalism
    4. Locke, Montesquieu, the Federalist papers
    5. Consrvatives warn
    6. Rradical left encourages decline
    7. Formal theories
    8. Substantive theories
    9. Three themes
    10. International level
    11. A universal human good?

  • Author

    Brian Z. Tamanaha, St John's University, New York
    Brian Z. Tamanaha is Chief Judge Benjamin N. Cardozo Professor of Law at St. John's University School of Law.

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