The Anglo-American Conception of the Rule of Law
Description
This book offers a multidisciplinary account of the 'rule of law' as a central pillar of the classical liberal tradition. The authors analyze the original meaning of this expression as first introduced by British jurist A. V. Dicey, before examining its subsequent elaboration by Leoni, Fuller, Hayek and Oakeshott.
Addressing the main philosophical and legal aspects of the rule of law, this volume will appeal to all those engaged in law, political theory, philosophy, economics, business ethics, and public policy.
Reviews / Votes
"Nedzel and Capaldi offer a powerful declaration of what freedom means in the context of the many competing ideas that surround us today. This work is a welcome entrant into the debate over our current and future prospects." (Timothy Fuller, The New Criterion's Critic's Notebook, April, 2020)
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Persons
Nadia E. Nedzel
is Reilly Family Professor of Law, Southern University Law Center, Baton Rouge, USA.
Nicholas Capaldi
is Legendre-Soule Distinguished Chair in Business Ethics, Loyola University New Orleans, USA.
Content
1. Why the 'Rule of Law'.- 2. Spontaneous Order.- 3. The British Intellectual Inheritance.- 4. The English Legal Inheritance.- 5. A.V. Dicey.- 6. The Vanishing of the 'Rule of Law'.- 7. Rediscovery of the 'Rule of Law' in Hayek.- 8. Oakeshott.