On The Rule of Law: History, Politics, Theory

The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.

• Is the only book to offer a comprehensive exploration of the rule of law: examines the major theories of the rule of law, and in particular their origins in historical and political traditions • Theoretically sophisticated yet written in a style that is accessible to readers with no theoretical background • The subject of the book, the rule of law, is a universally accepted political ideal, and is of great relevance to contemporary affairs

Acknowledgments; Introduction; 1. Classical origins; 2. Medieval roots; 3. Liberalism; 4. Locke, Montesquieu, the Federalist papers; 5. Consrvatives warn; 6. Rradical left encourages decline; 7. Formal theories; 8. Substantive theories; 9. Three themes; 10. International level; 11. A universal human good?

‘Terrific. Brian Tamanaha has written a book that should educate not only every student and layperson who reads it, but also scholars who wrongly think there is nothing new to say about ‘the rule of law‘ … I hope it gets the wide readership it deserves.’

– Sanford Levinson, Professor of Law, University of Texas Law school, author of Wresting with Diversity