The rule of law in the real world
In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamless...
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| Format: | eBook |
| Language: | Inglés |
| Published: |
Cambridge, England :
Cambridge University Press
[2016]
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| Edition: | First edition |
| Subjects: | |
| See on Biblioteca Universitat Ramon Llull: | https://discovery.url.edu/permalink/34CSUC_URL/1im36ta/alma991009769414206719 |
Table of Contents:
- Cover
- Half-title page
- Title page
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction
- Chapter 1 The rule of law: a basic account
- I Opening technicalities
- II The weak version of the rule of law in two principles
- A Regularity
- B Publicity
- III Vertical equality
- A Respect and hubris
- B Terror
- C Normative robustness
- IV Closing technicalities
- Chapter 2 The strong version of the rule of law
- I Generality and the idea of a relevant distinction
- A Many conceptions of generality
- B Against the formal conception of generality
- C Public reason as relevance criterion
- II How to apply the public reason conception of generality
- A Public reason: expressive
- B Finding the expressive content of a law
- 1 Reasons and meanings
- 2 Proof of concept
- III Generality as egalitarian principle
- Chapter 3 Generality and hierarchy
- I The literacy tests: a model of nongeneral law
- II The rule of law and social facts
- A The disjunctive character of rule of law commands
- III The rule of law and the criminalization of poverty
- A The rule of law critique of economic injustice
- IV Is this still the rule of law?
- V Private power and ordinary citizens
- A Does the rule of law require ordinary citizens to obey the law?
- B The Jim Crow challenge
- Chapter 4 Egalitarian liberty and reciprocity in strategic context
- I The rule of law as a technology of constraint
- II Some arguments for the liberty thesis
- A The incentives argument
- B The chilling effects argument
- 1 The problem of complexity
- C The planning argument
- D Neorepublican liberty
- E Democratic liberty
- III Libertarian equality
- Chapter 5 Isonomia: The dawn of legal equality
- I How was the rule of law implemented in Athens?
- A An overview of the Athenian legal system.
- B The rule of law and the oligarchy
- C The Athenian rule of law
- 1 Regularity
- 2 Publicity
- 3 Generality
- II Equality and the Athenian rule of law
- A A catalog of Athenian evidence
- 1 Forensic evidence for the Athenian equality thesis
- 2 Evidence from poets, philosophers, and historians
- III But is the rule of law really consistent with egalitarian democracy?
- A The conceptual objection: constitutionalism as the rule of law
- B The practical objection: arbitrary democracy and the trial of the generals
- C The problem of informality
- IV Law contra oligarchy
- V Appendix: A brief time line of the late-fifth-century Athenian upheavals
- Chapter 6 The logic of coordination
- I The strength topos and the amnesty
- A The struggle between oligarchs and democrats, an overview
- B The puzzle of the amnesty
- C Did the Athenians learn from experience?
- D The problems of commitment: disagreement and temptation
- E Athens as a case of transitional justice
- II Formalizing and generalizing Athens
- A The model
- 1 Proof
- 2 Analysis
- Chapter 7 Parliament, Crown, and the rule of law in Britain
- I The British rule of law: illusory?
- A Hobbesian sovereignty and the absolute-power coalition
- B Constraint, coordination, custom, and the constitution
- C A historical precedent: customary manorial courts
- II The rule of law and equal status in seventeenth-century England
- A Magna Carta as egalitarian text
- B The parliamentary debates of 1628
- 1 Villeins and status
- 2 Dishonor, fear, and contempt
- 3 Political liberty and coordination
- 4 Reviewing the evidence
- III Civic trust and the British rule of law in later years
- Chapter 8 The logic of commitment
- I The rule of law's teleology of equality?
- A Commitment, full generality, and the internal point of view
- II Commitment and institutions.
- A Democracy and the rule of law
- III Diversity, generality, and democracy
- IV Simulating legal stability
- Chapter 9 The role of development professionals: measurement and promotion
- I Rule of law development
- A Persuasive commitment-building
- B Generality development
- C Radical localism
- 1 Locally driven project design
- II Studying the rule of law: new empirical directions
- A The new measure: methods
- 1 Structure and scaling
- 2 Item selection and scale-fitting
- B Limitations
- C Behavior of the measure
- III Appendix: Scores and states
- A Rule of law scores
- B The rule of law and other measures of political well-being
- Conclusion A commitment to equality begins at home
- Notes
- References
- Index.
