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
ofToronto), and Michael P. Zuckert (Carleton College).
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