The rule of law, once widely embraced and emulated, now faces serious threats to its viability. To answer these fundamental threats, we first must return to its foundational principles. This book articulates a coherent framework and foundation for thinking about the rule of law and planning strategies for building and defending it against serious challenges to its intelligibility, relevance, and normative force.
The rule of law, once widely embraced and emulated, now faces serious threats to its viability. To answer these fundamental threats, we first must return to its foundational principles. This book articulates a coherent framework and foundation for thinking about the rule of law and planning strategies for building and defending it against serious challenges to its intelligibility, relevance, and normative force.
Gerald J. Postema is Professor Emeritus of Philosophy at University of North Carolina at Chapel Hill. Doctor Honoris Causa, University of Athens. He is a Fellow of Corpus Christi College, Cambridge (2013-13); a Guggenheim Fellow (2005-6); a Rockefeller Fellow, Bellagio (2001); and a Fellow of the Netherland Institute for Advanced Studies (1996-7). He has held visiting posts at the University of Cambridge, the European University Institute (Florence), the University of Athens, Yale University, and the University of California, Berkeley.
Inhaltsangabe
Prologue PART I CORE AND CONSEQUENCES Chapter 1 The Idea of the Rule of Law Chapter 2 Power, Accountability and Law's Toolbox Chapter 3 Rule of Law's Principles: Sovereignty, Equality and Fidelity Chapter 4 Moral Foundations Chapter 5 Rule of Law's Partners: Democracy, Rights and Justice Chapter 6 Realizing the Rule of Law Chapter 7 Conditions and Limits Chapter 8 Threats to Law's Rule PART II CHALLENGES Chapter 9 A Dialectic of Deference and Dissent Chapter 10 The Trust Challenge Chapter 11 Dilemmas of Discretion: Equity and Mercy Chapter 12 Lawful Lawlessness: Crisis and Pardon Chapter 13 Digital Domination: Taming the New Leviathans Chapter 14 AI in Law or in Place of Law? Chapter 15 Rule of Law Beyond Borders Epilogue Acknowledgments Endnotes
Prologue PART I CORE AND CONSEQUENCES Chapter 1 The Idea of the Rule of Law Chapter 2 Power, Accountability and Law's Toolbox Chapter 3 Rule of Law's Principles: Sovereignty, Equality and Fidelity Chapter 4 Moral Foundations Chapter 5 Rule of Law's Partners: Democracy, Rights and Justice Chapter 6 Realizing the Rule of Law Chapter 7 Conditions and Limits Chapter 8 Threats to Law's Rule PART II CHALLENGES Chapter 9 A Dialectic of Deference and Dissent Chapter 10 The Trust Challenge Chapter 11 Dilemmas of Discretion: Equity and Mercy Chapter 12 Lawful Lawlessness: Crisis and Pardon Chapter 13 Digital Domination: Taming the New Leviathans Chapter 14 AI in Law or in Place of Law? Chapter 15 Rule of Law Beyond Borders Epilogue Acknowledgments Endnotes
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