This collection of essays focuses on the traditional question whether the rule of law is necessarily the rule of moral principles, the question of the legitimacy of law. Lawyers, philosophers and political theorists explore the issues it raises.
David Dyzenhaus is Professor of Law and Philosophy at the University of Toronto.
1. Recrafting the Rule of Law
David Dyzenhaus
PART I:LAW UNDER STRESS
2. A Defence of Radbruch's Formula
Robert Alexy
3. The Interpretation and Invalidity of Unjust Laws
Julian Rivers
4. Legality Without a Constitution: South Africa in the 1980s
Richard L. Abel
5. Delivering Positivism from Evil
Anton Fagan
6. Legal Positivism and American Slave Law: The Case of Chief Justice Shaw
Anthony J. Sebok
7. The Rule of Law and Judicial Review: Reflections on the Israeli Constitutional Revolution
Alon Harel
PART II: RECONCEIVING THE RULE OF LAW
8. Rhetoric and the Rule of Law
Neil MacCormick
9. Utopia and the Rule of Law
Christine Sypnowich
10. The Rule of Law Revisited: Democracy and Courts
Allan C. Hutchinson
PART III: THE LIMITS OF LEGAL ORDER
11. Parks, Dogs, and the Rule of Law: Post-communist Reflections
Andras Sajo
12. Globalization and the Fate of Law
William E. Scheuerman
13. Supranational Challenges to the Rule of Law: The Case of the European Union
John P. McCormick
14. Constructing Law's Mandate
Kenneth Winston
15. Administrative Policy-making: Rule of Law or Bureaucracy?
Henry S. Richardson
16. The Real Democracy Problem in Administrative Law
Jody Freeman