Democracy and the Rule of Law (Cambridge Studies in the Theory of Democracy)

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9780521825597: Democracy and the Rule of Law (Cambridge Studies in the Theory of Democracy)
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An international group of specialists from the fields of law, politics, economics, and philosophy address the question of why governments act or do not act according to laws. The authors interpret the rule of law as a strategic choice of actors with powerful interests, rather than as an exogenous constraint on politicians. The rule of law emerges when no group is strong enough to dominate the others, and political actors seek to resolve their conflicts by recourse to law. Law is thus deeply rooted in politics.

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This book addresses why governments sometimes follow the law and other times choose to evade the law. It interprets the rule of law as a strategic choice of actors with powerful interests, rather than as an exogenous constraint on politicians. The rule of law emerges when no one group is strong enough to dominate the others and when political actors seek to resolve their conflicts by recourse to law. Law is thus deeply rooted in politics. Conflicts between rule of majority and rule of law are simply conflicts in which actors use either votes or laws as their instruments of power.

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"[T]his book is clearly a must read for anyone interested in the question of what causes democracy and/or the rule of law." The Law and Politics Book Review

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9780521532662: Democracy and the Rule of Law (Cambridge Studies in the Theory of Democracy)

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ISBN 10:  0521532663 ISBN 13:  9780521532662
Publisher: Cambridge University Press, 2003
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Book Description CAMBRIDGE UNIVERSITY PRESS, United Kingdom, 2014. Hardback. Condition: New. New. Language: English. Brand new Book. This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest. Seller Inventory # APC9780521825597

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Book Description CAMBRIDGE UNIVERSITY PRESS, United Kingdom, 2014. Hardback. Condition: New. New. Language: English. Brand new Book. This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest. Seller Inventory # APC9780521825597

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EDITED BY JOSÉ MARÃA MARAVALL , ADAM PRZEWORSKI
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