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Contents

Published online by Cambridge University Press:  05 February 2016

Paul Gowder
Paul Gowder
Affiliation:
Northwestern University, Illinois

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The Rule of Law in the Real World , pp. vii - x
Publisher: Cambridge University Press
Print publication year: 2016
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NCCreative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/cclicenses/

Contents

  1. Acknowledgments

  2. Introduction

  3. 1The rule of law: a basic account

    1. IOpening technicalities

    2. IIThe weak version of the rule of law in two principles

      1. ARegularity

      2. BPublicity

    3. IIIVertical equality

      1. ARespect and hubris

      2. BTerror

      3. CNormative robustness

    4. IVClosing technicalities

  4. 2The strong version of the rule of law

    1. IGenerality and the idea of a relevant distinction

      1. AMany conceptions of generality

      2. BAgainst the formal conception of generality

      3. CPublic reason as relevance criterion

    2. IIHow to apply the public reason conception of generality

      1. APublic reason: expressive

      2. BFinding the expressive content of a law

        1. 1Reasons and meanings

        2. 2Proof of concept

    3. IIIGenerality as egalitarian principle

  5. 3Generality and hierarchy

    1. IThe literacy tests: a model of nongeneral law

    2. IIThe rule of law and social facts

      1. AThe disjunctive character of rule of law commands

    3. IIIThe rule of law and the criminalization of poverty

      1. AThe rule of law critique of economic injustice

    4. IVIs this still the rule of law?

    5. VPrivate power and ordinary citizens

      1. ADoes the rule of law require ordinary citizens to obey the law?

      2. BThe Jim Crow challenge

  6. 4Egalitarian liberty and reciprocity in strategic context

    1. IThe rule of law as a technology of constraint

    2. IISome arguments for the liberty thesis

      1. AThe incentives argument

      2. BThe chilling effects argument

        1. 1The problem of complexity

      3. CThe planning argument

      4. DNeorepublican liberty

      5. EDemocratic liberty

    3. IIILibertarian equality

  7. 5Isonomia: The dawn of legal equality

    1. IHow was the rule of law implemented in Athens?

      1. AAn overview of the Athenian legal system

      2. BThe rule of law and the oligarchy

      3. CThe Athenian rule of law

        1. 1Regularity

        2. 2Publicity

        3. 3Generality

    2. IIEquality and the Athenian rule of law

      1. AA catalog of Athenian evidence

        1. 1Forensic evidence for the Athenian equality thesis

        2. 2Evidence from poets, philosophers, and historians

    3. IIIBut is the rule of law really consistent with egalitarian democracy?

      1. AThe conceptual objection: constitutionalism as the rule of law

      2. BThe practical objection: arbitrary democracy and the trial of the generals

      3. CThe problem of informality

    4. IVLaw contra oligarchy

    5. VAppendix: A brief time line of the late-fifth-century Athenian upheavals

  8. 6The logic of coordination

    1. IThe strength topos and the amnesty

      1. AThe struggle between oligarchs and democrats, an overview

      2. BThe puzzle of the amnesty

      3. CDid the Athenians learn from experience?

      4. DThe problems of commitment: disagreement and temptation

      5. EAthens as a case of transitional justice

    2. IIFormalizing and generalizing Athens

      1. AThe model

        1. 1Proof

        2. 2Analysis

  9. 7Parliament, Crown, and the rule of law in Britain

    1. IThe British rule of law: illusory?

      1. AHobbesian sovereignty and the absolute-power coalition

      2. BConstraint, coordination, custom, and the constitution

      3. CA historical precedent: customary manorial courts

    2. IIThe rule of law and equal status in seventeenth-century England

      1. AMagna Carta as egalitarian text

      2. BThe parliamentary debates of 1628

        1. 1Villeins and status

        2. 2Dishonor, fear, and contempt

        3. 3Political liberty and coordination

        4. 4Reviewing the evidence

    3. IIICivic trust and the British rule of law in later years

  10. 8The logic of commitment

    1. IThe rule of law’s teleology of equality?

      1. ACommitment, full generality, and the internal point of view

    2. IICommitment and institutions

      1. ADemocracy and the rule of law

    3. IIIDiversity, generality, and democracy

    4. IVSimulating legal stability

  11. 9The role of development professionals: measurement and promotion

    1. IRule of law development

      1. APersuasive commitment-building

      2. BGenerality development

      3. CRadical localism

        1. 1Locally driven project design

    2. IIStudying the rule of law: new empirical directions

      1. AThe new measure: methods

        1. 1Structure and scaling

        2. 2Item selection and scale-fitting

      2. BLimitations

      3. CBehavior of the measure

    3. IIIAppendix: Scores and states

      1. ARule of law scores

      2. BThe rule of law and other measures of political well-being

  12. Conclusion: a commitment to equality begins at home

  13. Notes

  14. References

  15. Index

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  • Contents
  • Paul Gowder, Northwestern University, Illinois
  • Book: The Rule of Law in the Real World
  • Online publication: 05 February 2016
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  • Contents
  • Paul Gowder, Northwestern University, Illinois
  • Book: The Rule of Law in the Real World
  • Online publication: 05 February 2016
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  • Contents
  • Paul Gowder, Northwestern University, Illinois
  • Book: The Rule of Law in the Real World
  • Online publication: 05 February 2016
Available formats
×