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Recrafting the Rule of Law

The Limits of Legal Order

Editor(s): David Dyzenhaus
Media of Recrafting the Rule of Law
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Published: 01-07-1999
Format: PDF eBook (?)
Edition: 1st
Extent: 340
ISBN: 9781847311412
Imprint: Hart Publishing
RRP: £90.00
Online price : £72.00
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Loren Epson

About Recrafting the Rule of Law

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.

Table Of Contents

1. Recrafting the Rule of Law
David Dyzenhaus

PART I:LAW UNDER STRESS

2. A Defence of Radbruch's Formula
Robert Alexy

3. The Interpretation and Invalidity of Unjust Laws
Julian Rivers

4. Legality Without a Constitution: South Africa in the 1980s
Richard L. Abel

5. Delivering Positivism from Evil
Anton Fagan

6. Legal Positivism and American Slave Law: The Case of Chief Justice Shaw
Anthony J. Sebok

7. The Rule of Law and Judicial Review: Reflections on the Israeli Constitutional Revolution
Alon Harel

PART II: RECONCEIVING THE RULE OF LAW

8. Rhetoric and the Rule of Law
Neil MacCormick

9. Utopia and the Rule of Law
Christine Sypnowich

10. The Rule of Law Revisited: Democracy and Courts
Allan C. Hutchinson

PART III: THE LIMITS OF LEGAL ORDER

11. Parks, Dogs, and the Rule of Law: Post-communist Reflections
Andras Sajo

12. Globalization and the Fate of Law
William E. Scheuerman

13. Supranational Challenges to the Rule of Law: The Case of the European Union
John P. McCormick

14. Constructing Law's Mandate
Kenneth Winston

15. Administrative Policy-making: Rule of Law or Bureaucracy?
Henry S. Richardson

16. The Real Democracy Problem in Administrative Law
Jody Freeman

Reviews

“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.” –  Shelley L. Dowling, International Journal of Legal Information September 2002

“...a broad collection of stimulating and informative essays.” –  N.W. Barber, Law Quarterly Review Sep 2002

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