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

Format:

Book

Author/Creator:

Fleming, James E., Author.

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:

1 online resource (311 p.)

Edition:

1st ed.

Place of Publication:

New York : New York University Press, c2011.

Language Note:

English

Summary:

The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about 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 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? In Getting to the Rule of Law a group of 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.

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:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 08. Jun 2020)

ISBN:

0-8147-2878-2

OCLC:

751978627