On the Rule of Law History, Politics, Theory [Paperback]

This 2004 book explores the history, politics, and theory surrounding the rule of law ideal.This book explores the history, politics, and theory surrounding the rule of law ideal. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. The strengths and weaknesses of two basic theoretical streams of the rule of law are then explored. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.This book explores the history, politics, and theory surrounding the rule of law ideal. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. The strengths and weaknesses of two basic theoretical streams of the rule of law are then explored. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.Although it is currently the most important political ideal, there is much confusion about what the 'rule of law' means and how it works. Brian Tamanaha outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book's examination of the rule of law on a global level concludes by deciding whether the rule of law is a universal human good.Acknowledgments; Introduction; 1. Classical origins; 2. Medieval roots; 3. Liberalism; 4. Locke, Montesquieu, the Federalist papers; 5. Consrvatives warn; 6. Rradical left encourages decline; 7. Formal theories; 8. Substantive theories; 9. Three themes; 10. International level; 11. A universal human good? Concise but comprehensive...For anlãµ