| Description |
1 online resource (xiv, 695 pages) |
| Series |
Law and philosophy library ; v. 80 |
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Law and philosophy library ; v. 80.
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| Contents |
The rule of law : a critical reappraisal / Danilo Zolo -- The rule of law : a historical introduction / Pietro Costa -- The rule of law and the "liberties of the English" : the interpretation of Albert Vann Dicey / Emilio Santoro -- Popular sovereignty, the rule of law, and the "rule of judges" in the United States / Brunella Casalini -- Rechtsstaat and individual rights in German constitutional history / Gustavo Gozzi -- État de droit and national sovereignty in France / Alain Laquièze -- Rechtsstaat and constitutional justice in Austria : Hans Kelsen's contribution / Giorgio Bongiovanni -- The past and the future of the rule of law / Luigi Ferrajoli -- Beyond the rule of law : judges' tyranny or lawyers' anarchy? / Pier Paolo Portinaro -- The rule of law and gender difference / Anna Loretoni -- Machiavelli, the Republican tradition, and the rule of law / Luca Baccelli -- Leoni's and Hayek's critique of the rule of law in continental Europe / Maria Chiara Pievatolo -- The rule of law and the legal treatment of Native Americans / Bartolomé Clavero -- The colonial model of the rule of law in Africa : the example of Guinea / Carlos Petit -- Is constitutionalism compatible with Islam? / Raja Bahlul -- The rule of morally constrained law : the case of contemporary Egypt / Baudouin Dupret -- "Asian values" and the rule of law / Alice Ehr-Soon Tay -- The rule of law and Indian society : from colonialism to post-colonialism / Ananta Kumar Giri -- The Chinese legal tradition and the European view of the rule of law / Wu Shu-Chen -- Modern constitutionalism in China / Lin Feng -- Human rights and the rule of law in contemporary China / Wang Zhenmin and Li Zhenghui |
| Summary |
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 |
| Bibliography |
Includes bibliographical references (pages 671-681), bibliographical references, and index |
| Notes |
Print version record |
| Subject |
Rule of law.
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LAW -- Jurisprudence.
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LAW -- General Practice.
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LAW -- Reference.
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LAW -- Essays.
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LAW -- Paralegals & Paralegalism.
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LAW -- Practical Guides.
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Sciences sociales.
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Sciences humaines.
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Rule of law
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Rechtsstaat.
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Concepten.
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Theorievorming.
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| Form |
Electronic book
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| Author |
Costa, Pietro, 1945-
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Zolo, Danilo.
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Santoro, Emilio, 1963-
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| ISBN |
9781402057458 |
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1402057458 |
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140205744X |
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9781402057441 |
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