Getting to the rule of law / edited by James E. Fleming.

Format:

Book

Contributor:

Fleming, James E.

Series:

Nomos ; 50.

Nomos : yearbook of the American Society for Political and Legal Philosophy ; 50

Language:

English

Subjects (All):

Rule of law--Philosophy.

Rule of law.

Procedure (Law)--Philosophy.

Procedure (Law).

Due process of law.

Intervention (International law).

Law--Political aspects.

Law.

Physical Description:

xii, 298 pages ; 22 cm.

Place of Publication:

New York : New York University Press, [2011]

Summary:

The rule of law has been celebrated as "an unqualified human good" and promoted around the world to secure economic development and political freedom. Yet there is considerable disagreement about just what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an "inner morality of law," or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When, if ever, are exertions of executive power "outside the law" justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? What institutions or measures might be effective in bounding or checking such power? What are the promises and perils of attempting to build the rule oflaw after military interventions in conflict-ridden societies? When the might of intervening governments is brought to bear to make rights, does it distort rights and inflict costs that may more than offset the potential gains?

In Getting to the Rule of Law a group of prominent, thoughtful contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications "on the ground" in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power "outside the law" is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions. Book jacket.

Contents:

The rule of law and the importance of procedure / Jeremy Waldron

The limits of process / Robin West

A substantive conception of the rule of law : nonarbitrary treatment and the limits of procedure / Corey Brettschneider

Four puzzles about the rule of law : why, what, where? and who cares? / Martin Krygier

Separation of powers and the national security state / Benjamin A. Kleinerman

Judicial oversight, justice, and executive discretion bounded by law / Curtis A. Bradley

The instability of "executive discretion" / Lionel K. McPherson

Constitutional theory, the unitary executive and the rule of law / Sotirios A. Barber and James E. Fleming

Justice on the ground? : international criminal courts and domestic rule of law-building in conflict-affected societies / Jane E. Stromseth

In defense of imperialism?

the rule of law and the state-building project / Tom Ginsburg

Bystanders, the rule of law, and criminal trials / Larry May

Might still distorts right : perils of the rule of law project / Richard Miller.

Notes:

Includes bibliographical references and index.

ISBN:

9780814728437

081472843X

9780814728444

0814728448

OCLC:

708648750