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Recrafting the Rule of Law : The Limits of Legal Order - BLOOMSBURY ACADEMIC

Recrafting the Rule of Law

The Limits of Legal Order

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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.

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 September 2002

List of Contributorsp. vii
Preface and Acknowledgementsp. viii
Recrafting the Rule of Lawp. 1
Law Under Stress
A Defence of Radbruch's Formulap. 15
The Interpretation and Invalidity of Unjust Lawsp. 40
Legality Without a Constitution: South Africa in the 1980sp. 66
Delivering Positivism from Evilp. 81
Legal Positivism and American Slave Law: The Case of Chief Justice Shawp. 113
The Rule of Law and Judicial Review: Reflections on the Israeli Constitutional Revolutionp. 143
Reconceiving the Rule of Law
Rhetoric and the Rule of Lawp. 163
Utopia and the Rule of Lawp. 178
The Rule of Law Revisited: Democracy and Courtsp. 196
The Limits of Legal Order
Parks, Dogs, and the Rule of Law: Post-communist Reflectionsp. 227
Globalization and the Fate of Lawp. 243
Supranational Challenges to the Rule of Law: The Case of the European Unionp. 267
Constructing Law's Mandatep. 283
Administrative Policy-making: Rule of Law or Bureaucracy?p. 309
The Real Democracy Problem in Administrative Lawp. 331
Indexp. 371
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9781901362312
ISBN-10: 1901362310
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 340
Published: 1st July 1999
Country of Publication: GB
Dimensions (cm): 23.5 x 15.88  x 2.54
Weight (kg): 0.68
Edition Number: 1