The Cambridge Companion to the Rule of Law

Description

The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.

Jens Meierhenrich is Associate Professor of International Relations at the London School of Economics and Political Science and previously taught at Harvard University. His books include The Legacies of Law (2008), The Remnants of the Rechtsstaat (2018), The Violence of Law (2021), and, as co-editor, The Oxford Handbook of Carl Schmitt, 2016). Martin Loughlin is Professor of Public Law at the London School of Economics and Political Science and previously taught at the University of Glasgow and at the University of Manchester. His books include Sword and Scales (2000), The Idea of Public Law (2003), Foundations of Public Law (2010), and, as co-editor, The Paradox of Constitutionalism (2007).

'The historian EP Thompson thought it "an unqualified human good" but Judith Shklar dismissed it as a "bit of ruling class chatter". So what is the rule of law and does it matter? These are the questions explored in this timely and thought-provoking collection by an impressive array of leading scholars. For political scientists, philosophers, lawyers and policy-makers who seek answers to these questions it will be an invaluable resource.' Catherine O'Regan, Director of the Bonavero Institute of Human Rights, University of Oxford 'Brilliantly designed and edited, multi-faceted yet coherent, realistic and profound, this volume should immunise future discussions of the rule of law against simplistic approaches. It can also serve as a model for editors of theoretical companions, handbooks and collections. A masterpiece.' William Twining, Emeritus Professor of Jurisprudence, University College London 'For some time, it seemed easier to find a universal agreement on the rule of law than on democracy and human rights. Today, we are facing a situation where the rule of law is questioned even in states that appeared to be firmly rooted in the tradition of Western constitutionalism. Therefore, Jens Meierhenrich's and Martin Loughlin's endeavour to redefine the rule of law and to ask whether and in which understanding it is worth being defended is timely and satisfies an urgent need.' Dieter Grimm, Professor of Law, Humboldt University Berlin, Former Justice of the Federal Constitutional Court of Germany 'Meierhenrich and Loughlin have gathered together leading legal scholars from around the world to produce an extraordinary collection of essays. The editors set out to challenge settled expectations by making "the rule of law strange again." The result is a major contribution to legal theory - an indispensable text for scholars and an entire syllabus for the classroom.' Paul W. Kahn, Robert W. Winner Professor of Law and the Humanities, Yale Law School