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Law's Rule - The Nature, Value, and Viability of the Rule of Law (Hardcover)
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Law's Rule - The Nature, Value, and Viability of the Rule of Law (Hardcover)
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The rule of law, once widely embraced and emulated, now faces
serious threats to its viability. To get our bearings we must
return to first principles. This book articulates and defends a
comprehensive, coherent, and compelling conception of the rule of
law and defends it against serious challenges to its
intelligibility, relevance, and normative force. The rule of law's
ambition, it argues, is to provide protection and recourse against
the arbitrary exercise of power using the distinctive tools of the
law. Law provides a bulwark of protection, a bridle on the
powerful, and a bond constituting and holding together the polity
and giving public expression to an ideal mode of association. Two
principles immediately follow from this core: sovereignty of law,
demanding that those who exercise ruling power govern with law and
that law governs them, and equality in the eyes of the law,
demanding that law's protection extend to all bound by it.
Animating law's rule, the ethos of fidelity commits all members of
the political community, officials and lay members alike, to take
responsibility for holding each other accountable under the law.
Part I articulates this conception and locates its moral foundation
in a commitment to common membership of each person, recognizing
their freedom, dignity, and status as peers. Part II addresses
serious challenges currently facing law's rule: finding a place in
the legal system for equity, mercy, and effective responses to
emergencies, taming the new leviathans of the digital world, and
extending law's rule beyond national borders.
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