The Rule of Law History, Theory and Criticism (Law and Philosophy Library Book 80)

Costa and Zolo share the conviction that a proper understanding of the rule of law today requires referring to a global problematic horizon. It seems unavoidable to investigate into the relationship between Europe and the United States, on the one hand, and the ‘rest’ of the world, on the other. Over the last centuries this relationship developed in terms of conquest and colonisation, on the widespread view that Western ‘civilisation’ should be opposed as a whole to ‘barbaric’ others. Today, however, the notion of rule of law is still rousing a debate that cannot be said to have come to an end. The reason is quite simple: if the origins of the rule of law are in ‘Western’ societies and cultures, and if until recently the West took the lion’s share in the debate on our subject matter, it remains true that today other societies and other cultures take an active and creative part into a sustained philosophical-political debate. This is by no means a merely intellectual or academic question: the Arab-Islamic world, India, China, are not far away planets whose orbits never crossed the European and American West. On the contrary, in fairly recent times the encounters have been close and traumatic. In sum, the book intends to offer some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of ‘human rights’) is a concept both controversial and significant at the national and international levels. TABLE OF CONTENTS......Page 6 PREFACE......Page 9 PART I. INTRODUCTORY ESSAYS......Page 15 CHAPTER 1 THE RULE OF LAW: A CRITICAL REAPPRAISAL......Page 16 CHAPTER 2 THE RULE OF LAW: A HISTORICAL INTRODUCTION......Page 85 PART II. THE RULE OF LAW IN EUROPE ANDTHE UNITED STATES......Page 162 CHAPTER 3 THE RULE OF LAW AND THE “LIBERTIES OF THE ENGLISH”: THE INTERPRETATION OF ALBERT VENN DICEY......Page 163 CHAPTER 4 POPULAR SOVEREIGNTY, THE RULE OF LAW, AND THE “RULE OF JUDGES” IN THE UNITED STATES......Page 210 CHAPTER 5 RECHTSSTAAT AND INDIVIDUAL RIGHTS IN GERMAN CONSTITUTIONAL HISTORY......Page 246 CHAPTER 6 ÉTAT DE DROIT AND NATIONAL SOVEREIGNTY......Page 269 CHAPTER 7 RECHTSSTAAT AND CONSTITUTIONAL JUSTICE IN AUSTRIA: HANS KELSEN’S CONTRIBUTION......Page 300 PART III. THE CONTEMPORARY DEBATE......Page 327 CHAPTER 8 THE PAST AND THE FUTURE OF THE RULE OF LAW......Page 328 CHAPTER 9 BEYOND THE RULE OF LAW: JUDGES’ TYRANNY OR LAWYERS’ ANARCHY?......Page 358 CHAPTER 10 THE RULE OF LAW AND GENDER DIFFERENCE......Page 375 CHAPTER 11 MACHIAVELLI, THE REPUBLICAN TRADITION, AND THE RULE OF LAW......Page 392 CHAPTER 12 LEONI’S AND HAYEK’S CRITIQUE OF THE RULE OF LAW IN CONTINENTAL EUROPE......Page 426 PART IV. THE RULE OF LAW AND COLONIALISM......Page 445 CHAPTER 13 THE RULE OF LAW AND THE LEGAL TREATMENT OF NATIVE AMERICANS......Page 446 CHAPTER 14 THE COLONIAL MODEL OF THE RULE OF LAW IN AFRICA: THE EXAMPLE OF GUINEA......Page 470 PART V. THE RULE OF LAW IN ISLAM......Page 516 CHAPTER 15 IS CONSTITUTIONALISM COMPATIBLE WITH ISLAM?......Page 517 CHAPTER 16 THE RULE OF MORALLY CONSTRAINED LAW: THE CASE OF CONTEMPORARY EGYPT......Page 545 PART VI. THE RULE OF LAW AND ORIENTAL CULTURES......Page 564 CHAPTER 17 “ASIAN VALUES” AND THE RULE OF LAW......Page 565 CHAPTER 18 THE RULE OF LAW AND INDIAN SOCIETY: FROM COLONIALISM TO POST-COLONIALISM......Page 587 CHAPTER 19 THE CHINESE LEGAL TRADITION AND THE EUROPEAN VIEW OF THE RULE OF LAW......Page 615 CHAPTER 20 MODERN CONSTITUTIONALISM IN CHINA......Page 633 CHAPTER 21 HUMAN RIGHTS AND THE RULE OF LAW IN CONTEMPORARY CHINA......Page 647 SELECT BIBLIOGRAPHY......Page 671 LIST OF AUTHORS......Page 683 INDEX......Page 689 Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels. Edited By Pietro Costa, Danilo Zolo ; With The Cooperation Of Emilio Santoro. Includes Bibliographical References (p. 671-681) And Index.