The Elusive Rule Of Law Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of The Elusive Rule Of Law book. This book definitely worth reading, it is an incredibly well-written.
Language and the universal need of comparative criminal law information prompted this writing. My early international experience involved Latin America and the Spanish language exclusively. This ultimately resulted in the writing and publication of four books in Spanish directed at the comparative criminal procedure of those countries. Since that time my studies have expanded into the Eastern Hemisphere, with English as the common language. With that expanded experience, I came to appreciate the fact that the East shares the same comparative law reality with the West, their varied cultural differences only underscoring the universal nature of the criminal law principles and mechanisms otherwise held in common. I have come to realize that those universal principles and mechanisms must be addressed in English as well. This book is the result. The task has been daunting by virtue of the massive amount of information involved. At the same time, it has proved extremely satisfying. The endeavor has allowed me to revisit, confirm, and refine the accuracy of the principles dealt with, at the same time improving hopefully their pedagogical expression. The work has also allowed me to bring together in a more coherent whole the concepts and ideas otherwise spread among the preceding books and related writings. Although tempted to feel great intellectual comfort in achieving a single source of important but varied information, I am fairly but harshly brought back to earth with the realization of the illusory nature of that achievement. Indeed, given the profound depth and breadth of Rule of Law, its scholastic dominion is as elusive as Rule of Law itself. Nonetheless, I sincerely hope this writing will help.
Democracy cannot exist, proclaims Ungar (political science, City U. of New York-Brooklyn College) without the rule of law, which he defines as comprising an independent effective judiciary, state accountability to the law, and citizen accessibility to conflict-resolution mechanisms. He looks to Latin American countries to illustrate how stable democracies are undermined by executive power and judicial disarray that prevent the rule of law from taking hold. Annotation copyrighted by Book News, Inc., Portland, OR.
China's Long March Toward Rule of Law by Randall Peerenboom Pdf
China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.
Relocating the Rule of Law by Gianluigi Palombella,Neil Walker Pdf
In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays.
Author : M. J. Trebilcock,Ronald J. Daniels Publisher : Edward Elgar Publishing Page : 381 pages File Size : 54,9 Mb Release : 2009-01-01 Category : Law ISBN : 9781848442979
Rule of Law Reform and Development by M. J. Trebilcock,Ronald J. Daniels Pdf
Rule of Law Reform and Development stands out as an important contribution. Michael Trebilcock and Ronald Daniels have produced an ambitious, comprehensive, and persuasive book that will be of interest to both rule of law practitioners and academics. . . the book s overall strengths as a near-encyclopaedic appraisal of law and development will ensure its standing as a key resource for this still rapidly evolving field. Irina Ceric, Canadian Journal of Law and Society This book offers a sophisticated yet pragmatic account of the proper purposes of rule of law reform, the obstacles to achieving it, and the role that the international community can play. The procedural conception of the rule of law offers an appealing alternative to both one-size-fits-all universalism on the one hand and unconstrained relativism on the other. Kevin Davis, New York University School of Law, US This is the book that I have been waiting for. Even though rule of law has become the new mantra in development, its meaning remains elusive and its operational content unclear. This book helps us think systematically about it. Grounded in a procedural conceptualization of the rule of law, and supported by detailed case studies, Trebilcock and Daniels analysis lays out a theoretically sophisticated, yet practical agenda for making progress with rule-of-law reforms. Dani Rodrik, Harvard University, US This is a book on the role of legal institutions in economic development that is rich in institutional analysis and nuanced in terms of sensitivity to social, historical and political-economy issues that arise in the implementation of the rule of law. I particularly value its major focus on the need for balance between independence and accountability that afflict any rule of law reform: a balance which is missing in more one-sided accounts in the literature. I believe the book will be widely read and appreciated. Pranab Bardhan, University of California, Berkeley, US Within the law and development literature it is the most knowledgeable and comprehensive book on legal reform. I think that it will find a grateful readership among people working in development agencies, in humanitarian organizations and among scholars and students of development studies. Hans-Bernd Schäfer, University of Hamburg, Germany By identifying the key politico-economic reasons why rule-of-law reforms in developing countries have faltered and drawing out the implications for future strategy, this book is of immense importance and should be widely read. Anthony Ogus, CBE, FBA, University of Manchester, UK This important book addresses a number of key issues regarding the relationship between the rule of law and development. It presents a deep and insightful inquiry into the current orthodoxy that the rule of law is the panacea for the world s problems. The authors chart the precarious progress of law reforms both in overall terms and in specific policy areas such as the judiciary, the police, tax administration and access to justice, among others. They accept that the rule of law is necessarily tied to the success of development, although they propose a set of procedural values to enlighten this institutional approach. The authors also recognize that states face difficulties in implementing this institutional structures and identify the probable impediments, before proposing a rethink of law reform strategies and offering some conclusions about the role of the international community in the rule of law reform. Reviewing the progress in the rule of law reform in developing countries, specifically four regions Latin America, Africa, Central and Eastern Europe, and Asia this book makes a significant contribution to the literature. It will be of great interest to scholars and advanced students, as well as practitioners in the field, including international and bilateral aid agencies working on rule of law reform projects, and international and regional non-governmental organiza
The Rule of Law in the 21st Century by Robert A. Stein,Richard Goldstone Pdf
The rule of law is sometimes expressed as 'no person is above the law'. A more comprehensive description of the concept has been elusive for generations of scholars, lawyers and judges. What does the phrase mean? More specifically, what does the rule of law mean in the context of 21st century issues and challenges?Professor Robert A Stein and Justice Richard J Goldstone are the distinguished editors and authors of The Rule of Law in the 21st Century. Joining Stein and Goldstone is an array of internationally distinguished leaders of the legal profession (including US Supreme Court Justice Ruth Bader Ginsburg and Paul Volcker, former Chairman of the Federal Reserve) from North America, Europe, Africa and Asia to explore the meaning of the rule of law today in a variety of circumstances.The book opens with chapters covering the basic concepts of the rule of law, independence of the judiciary and whether there is such a concept as an international rule of law. The book examines the concept of the rule of law from a variety of perspectives. Does the rule of law promote or impede economic development? How can we meet the major threat to the rule of law in the form of corruption? What is the relationship between the Great Charter, Magna Carta and the rule of law today? How can the rule of law be of assistance when addressing the challenge of inequality of women in society? It also includes chapters describing law reform programmes that have strengthened the rule of law around the world in recent decades.The rule of law is humankind's best hope for freedom and justice. The Rule of Law in the 21st Century gives a better understanding of this important concept in the world today.
Can Might Make Rights? by Jane Stromseth,David Wippman,Rosa Brooks Pdf
This book looks at why it's so difficult to create 'the rule of law' in post-conflict societies such as Iraq and Afghanistan, and offers critical insights into how policy-makers and field-workers can improve future rule of law efforts. A must-read for policy-makers, field-workers, journalists and students trying to make sense of the international community's problems in Iraq and elsewhere, this book shows how a narrow focus on building institutions such as courts and legislatures misses the more complex cultural issues that affect societal commitment to the values associated with the rule of law. The authors place the rule of law in context, showing the interconnectedness between the rule of law and other post-conflict priorities, such as reestablishing security. The authors outline a pragmatic, synergistic approach to the rule of law which promises to reinvigorate debates about transitions to democracy and post-conflict reconstruction.
The Cambridge Companion to International Law by James Crawford,Martti Koskenniemi,Surabhi Ranganathan Pdf
A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.
'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Getting to the Rule of Law by James E. Fleming Pdf
The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.
Relocating the Rule of Law by Gianluigi Palombella,Neil Walker Pdf
In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.
Author : Karl N. Llewellyn Publisher : University of Chicago Press Page : 168 pages File Size : 55,7 Mb Release : 2011-05-01 Category : Law ISBN : 9780226487977
Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.
Chinese Perspectives on the International Rule of Law by Matthieu Burnay Pdf
This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.
In this book, Bruno Latour pursues his ethnographic inquiries into the different value systems of modern societies. After science, technology, religion, art, it is now law that is being studied by using the same comparative ethnographic methods. The case study is the daily practice of the French supreme courts, the Conseil d’Etat, specialized in administrative law (the equivalent of the Law Lords in Great Britain). Even though the French legal system is vastly different from the Anglo-American tradition and was created by Napoleon Bonaparte at the same time as the Code-based system, this branch of French law is the result of a home-grown tradition constructed on precedents. Thus, even though highly technical, the cases that form the matter of this book, are not so exotic for an English-speaking audience. What makes this study an important contribution to the social studies of law is that, because of an unprecedented access to the collective discussions of judges, Latour has been able to reconstruct in detail the weaving of legal reasoning: it is clearly not the social that explains the law, but the legal ties that alter what it is to be associated together. It is thus a major contribution to Latour’s social theory since it is now possible to compare the ways legal ties build up associations with the other types of connection that he has studied in other fields of activity. His project of an alternative interpretation of the very notion of society has never been made clearer than in this work. To reuse the title of his first book, this book is in effect the 'Laboratory Life of Law'.
