Book contents
- The Cambridge Companion to the Rule of Law
- Cambridge Companions to Law
- The Cambridge Companion to the Rule of Law
- Copyright page
- Contents
- Contributors
- Part I Introduction
- Part II Histories
- Part III Moralities
- Part IV Pathologies
- 14 Thomas Hobbes and the Rule by Law Tradition
- 15 Conservative Critiques of the Rechtsstaat
- 16 Judith Shklar’s Critique of Legalism
- 17 The Frankfurt School and the Rule of Law
- 18 Critical Legal Studies and the Rule of Law
- 19 Feminist Critiques of the Rule of Law
- 20 Critical Race Theory and the Rule of Law
- Part V Trajectories
- Part VI Conclusion
- Bibliography
- Index
15 - Conservative Critiques of the Rechtsstaat
from Part IV - Pathologies
Published online by Cambridge University Press: 03 August 2021
- The Cambridge Companion to the Rule of Law
- Cambridge Companions to Law
- The Cambridge Companion to the Rule of Law
- Copyright page
- Contents
- Contributors
- Part I Introduction
- Part II Histories
- Part III Moralities
- Part IV Pathologies
- 14 Thomas Hobbes and the Rule by Law Tradition
- 15 Conservative Critiques of the Rechtsstaat
- 16 Judith Shklar’s Critique of Legalism
- 17 The Frankfurt School and the Rule of Law
- 18 Critical Legal Studies and the Rule of Law
- 19 Feminist Critiques of the Rule of Law
- 20 Critical Race Theory and the Rule of Law
- Part V Trajectories
- Part VI Conclusion
- Bibliography
- Index
Summary
Given the connection of “law and order” politics with conservatism, the idea of a conservative critique of the Rechtsstaat at first seems contradictory. After all, wasn’t John Adams’s insistence on defending the British soldiers involved in the Boston Massacre used as evidence for his conservatism? Didn’t Burke’s criticism of the French Revolution revolve around the preservation of law as part of a concrete order? But law and order are not identical and it is in the tension between the rule of law and the well ordered society that the possibility for conservative critique of the Rechtsstaat lies. In a time of revolutionary upheaval, furthermore, when revolutionaries proclaim the law, the legal side of “law and order” can come under fire as well.
- Type
- Chapter
- Information
- The Cambridge Companion to the Rule of Law , pp. 278 - 294Publisher: Cambridge University PressPrint publication year: 2021