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)

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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Published by Cambridge University Press (2003)
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Maravall, José María [Editor]; Przeworski, Adam [Editor];
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Book Description CAMBRIDGE UNIVERSITY PRESS, United Kingdom, 2014. Hardback. Book Condition: New. New.. 229 x 157 mm. Language: English . Brand New Book ***** Print on Demand *****. 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. Bookseller Inventory # APC9780521825597

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Published by CAMBRIDGE UNIVERSITY PRESS, United Kingdom (2014)
ISBN 10: 0521825598 ISBN 13: 9780521825597
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Book Description CAMBRIDGE UNIVERSITY PRESS, United Kingdom, 2014. Hardback. Book Condition: New. New.. 229 x 157 mm. Language: English . Brand New Book ***** Print on Demand *****.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. Bookseller Inventory # APC9780521825597

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Book Description Cambridge University Press. Hardcover. Book Condition: New. Hardcover. 334 pages. Dimensions: 9.0in. x 6.2in. x 0.9in.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. This item ships from multiple locations. Your book may arrive from Roseburg,OR, La Vergne,TN. Hardcover. Bookseller Inventory # 9780521825597

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José María Maravall (Editor), Adam Przeworski (Editor)
Published by Cambridge University Press (2003)
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