Recrafting the rule of law : the limits of legal order / edited by David Dyzenhaus.

Format:

Book

Contributor:

Dyzenhaus, David, editor.

Language:

English

Subjects (All):

Rule of law.

Physical Description:

1 online resource (388 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 1999.

Language Note:

English

Summary:

"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."--Bloomsbury Publishing.

Contents:

1. Recrafting the Rule of Law

PART I:LAW UNDER STRESS: 2. A Defence of Radbruch's Formula ; 3. The Interpretation and Invalidity of Unjust Laws ; 4. Legality Without a Constitution: South Africa in the 1980s ; 5. Delivering Positivism from Evil ; 6. Legal Positivism and American Slave Law: The Case of Chief Justice Shaw ; 7. The Rule of Law and Judicial Review: Reflections on the Israeli Constitutional Revolution

PART II: RECONCEIVING THE RULE OF LAW: 8. Rhetoric and the Rule of Law ; 9. Utopia and the Rule of Law ; 10. The Rule of Law Revisited: Democracy and Courts

PART III: THE LIMITS OF LEGAL ORDER: 11. Parks, Dogs, and the Rule of Law: Post-communist Reflections ;12. Globalization and the Fate of Law ; 13. Supranational Challenges to the Rule of Law: The Case of the European Union ; 14. Constructing Law's Mandate ; 15. Administrative Policy-making: Rule of Law or Bureaucracy? ; 16. The Real Democracy Problem in Administrative Law.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9786610808700

9781472561992

1472561996

9781280808708

1280808705

9781847311412

1847311415

OCLC:

476005394