Overview
- Analyses the distinguishing features of the rule of law and traces its history in the classical liberal tradition of English Thought
- Explains how and why legal positivism and analytic jurisprudence are antithetical to the rule of law
- Shows how Hayek and Oakeshott take classical liberalism and the rule of law to the next level
Part of the book series: Palgrave Studies in Classical Liberalism (PASTCL)
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Table of contents (8 chapters)
Keywords
About this book
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
“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)
Authors and Affiliations
About the authors
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.
Bibliographic Information
Book Title: The Anglo-American Conception of the Rule of Law
Authors: Nadia E. Nedzel, Nicholas Capaldi
Series Title: Palgrave Studies in Classical Liberalism
DOI: https://doi.org/10.1007/978-3-030-26361-4
Publisher: Palgrave Macmillan Cham
eBook Packages: Economics and Finance, Economics and Finance (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s) 2019
Hardcover ISBN: 978-3-030-26360-7Published: 20 September 2019
Softcover ISBN: 978-3-030-26363-8Published: 20 September 2020
eBook ISBN: 978-3-030-26361-4Published: 03 September 2019
Series ISSN: 2662-6470
Series E-ISSN: 2662-6489
Edition Number: 1
Number of Pages: XI, 297
Number of Illustrations: 1 b/w illustrations, 1 illustrations in colour
Topics: Law and Economics, Political Theory, Theories of Law, Philosophy of Law, Legal History, History of Economic Thought/Methodology, Administrative Law, Public Economics