A Republic of Law
A Republic of Law
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The rule of law is a valuable human achievement. It is valuable not only instrumentally, but also for its own sake as a significant aspect of social justice. Only in a society that enjoys the rule of law is it possible for people to regard one another as fellow free citizens; no one the master of anyone else. Nevertheless, the rule of law is poorly understood. In this book, Frank Lovett develops a rigorous conception of the rule of law that is grounded in legal positivism, and offers a civic republican argument for its value in terms of freedom from domination. Bridging persistent methodological gaps that divide legal philosophy, social science, and political theory, Lovett demonstrates how insights from all three can be united in a single powerful theory. This book will appeal to anyone interested in the rule of law, including scholars, legal officials, and policy-makers.
- Develops a theoretically rigorous account of the rule of law and its value, grounded in legal positivism
- Connects the rule of law ideal to civic republican political philosophy
- Presents challenging ideas and problems in a clear, concise and accessible way
Product details
July 2016Hardback
9781107130647
244 pages
237 × 158 × 20 mm
0.5kg
6 b/w illus. 10 tables
Available
Table of Contents
- 1. Introduction
- Part I. Legal Statics:
- 2. Social rules and norms
- 3. Legal systems
- 4. The rule of law and its value
- Part II. Legal Dynamics:
- 5. Adjudication and the realist challenge
- 6. Legislation, administration, and discretion
- 7. Conclusion
- Appendix 1. The principles of legality
- Appendix 2. Measuring the rule of law.
