Rules of Law and Laws of Ruling

Author: Franz von Benda-Beckmann
Publisher: Routledge
ISBN: 1317060938
Format: PDF, Docs
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Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.

Rules of Law and Laws of Ruling

Author: Franz von Benda-Beckmann
Publisher: Routledge
ISBN: 1317060938
Format: PDF, Kindle
Download Now
Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.

Law Justice and Power

Author: Sinkwan Cheng
Publisher: Stanford University Press
ISBN: 9780804748919
Format: PDF, Mobi
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This volume provides different disciplinary and cultural perspectives on the ethical and political ramifications of the incommensurable yet inextricable relationships among law, justice, and power.

Constitutional Justice

Author: T. R. S. Allan
Publisher: Oxford University Press on Demand
ISBN: 9780199267880
Format: PDF, Docs
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'The many virtues of Constitutional Justice are evident throughout the piece. The author should be congratulated for even attempting to construct a normative theory of liberal constitutionalism... Constitutional Justice is a work that faithfully carries on the grand tradition of normative legal thought. No small task, and Allan succeeds admirably.' -Law and Politics Book ReviewThis book offers a systematic interpretation of the ideal of the rule of law, arguing that the principles it identifies provide the foundations of a liberal democratic legal order. It explains the essential connections between a range of matters fundamental to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The principles of public law are interpreted in the light of liberal legal and political philosophy.Readership: Scholars and students of law, philosophy, and politics

Building Democratic Institutions

Author: G. Shabbir Cheema
Publisher: Kumarian Press
ISBN: 1565491971
Format: PDF, Docs
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Annotation Bridges the gap between theoretical literature and the tools and practices needed to strengthen or rebuild democratic institutions and reform governance systems. Through case studies and examples of good practices of governance, Cheema assesses the conditions that make democracy work.

The Rule of Law

Author: Ian Shapiro
Publisher: NYU Press
ISBN: 9780814780244
Format: PDF
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From the sprawling remnants of the Soviet empire to the southern tip of Africa, attempts are underway to replace arbitrary political regimes with governments constrained by the rule of law. This ideal which subordinates the wills of individuals, social movements--and even, sometimes, democratically elected majorities--to the requirements of law, is here explored by leading legal and political thinkers. Part I of The Rule of Law examines the interplay of democracy and the rule of law, while Part II focusses on the centuries-old debate about the meaning of the rule of law itself. Part III takes up the constraints that rationality exercises on the rule of law. If the rule of law is desirable partly because it is rational, then departures from that rule might also be desirable in the event that they can be shown to be rational. Part IV concentrates on the limits of the rule of law, considering the tensions between liberalism and the rule of law which exist despite the fact that reasoned commitment to the rule of the law is preeminently a liberal commitment. Contributing to the volume are: Robert A. Burt (Yale University), Steven J. Burton (University of Iowa), William N. Eskridge, Jr. (Georgetown University), John Ferejohn (Stanford University), Richard Flathman (Johns Hopkins University), Gerald F. Gaus (University of Minnesota, Duluth), Jean Hampton (University of Arizona), Russell Hardin (University of Chicago), James Johnson (University of Rochester), Jack Knight (Washington University), Stephen Macedo (Harvard University), David Schmidtz (Yale University), Lawrence B. Solum (Loyola Marymount University), Michael Walzer (Princeton University), Catherine Valcke (University of Toronto), and Michael P. Zuckert (Carleton College).

Power Play

Author: James P. Pfiffner
Publisher: Brookings Institution Press
ISBN: 9780815701521
Format: PDF, ePub
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The framers of the U.S. Constitution divided the federal government's powers among three branches: the executive, the legislative, and the judiciary. Their goal was to prevent tyranny by ensuring that none of the branches could govern alone. While numerous presidents have sought to escape these constitutional constraints, the administration of George W. Bush went farther than most. It denied the writ of habeas corpus to individuals deemed to be enemy combatants. It suspended the Geneva Convention and allowed or encouraged the use of harsh interrogation methods amounting to torture. It ordered the surveillance of Americans without obtaining warrants as required by law. And it issued signing statements declaring that the president does not have the duty to faithfully execute hundreds of provisions in the laws he has signed. Power Play analyzes the Bush presidency's efforts to expand executive power in these four domains and puts them into constitutional and historical perspective. Pfiffner explores the evolution of Anglo-American thinking about executive power and individual rights. He highlights the lessons the Constitution's framers drew from such philosophers as Locke and Montesquieu, as well as English constitutional history. He documents the ways in which the Bush administration's policies have undermined the separation of powers, and he shows how these practices have imperiled the rule of law. Following 9/11, the Bush presidency engaged in a two-front offensive. In Afghanistan and Iraq, the administration aggressively prosecuted the "war on terror." At home, it targeted constraints on the power of the executive. Power Play lays bare the extent of this second campaign and explains why it will continue to threaten the future of republican government if the other two branches do not assert their own constitutional prerogatives.

The Structure of Liberty

Author: Randy E. Barnett
Publisher: Oxford University Press
ISBN: 019870092X
Format: PDF, Docs
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This provocative book outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power.