Rule of Law question

[Miguel Schor]

I think all of these sources are excellent and I am also going to 
shamelessly promote my essay on the rule of law which is available on 
SSRN.  I think the problem with many accounts of the rule of law is that 
they tend to assume that the rule of law can best be understood by 
looking at the best practices of western democracies.  What I argue in 
the essay is that the paradigm needs to be inverted.  The difficulties 
that developing nations have in implementing the rule of law have much 
to teach scholars about the political micro-foundations of the rule of 
law.  Miguel

Miguel Schor
Associate Professor of Law
Suffolk University Law School
120 Tremont St.
Boston, MA 02108
617-305-6244
SSRN Webpage http://ssrn.com/author=469730



Lawrence Solum wrote:

> Raz's Virtue of the Rule of Law, Fuller's discussion in the Morality
> of Law, and Rawls's discussion in TJ are all classic sources.
>
> On 1/14/07, Bill Rose <wrose at albion.edu> wrote:
>
>> Tamanaha's book is excellent.  In addition, although they're a bit 
>> dated, you might take a look at Allan Hutchinson and Patrick Monahan, 
>> eds., The Rule of Law: Ideal or Ideology (1987) and Ian Shapiro's 
>> NOMOS volume (1995), The Rule of Law.  Also, you might take a look at 
>> E.P. Thompson's discussion at the end of Whigs and Hunters.
>>
>> Rose
>>
>> William Rose
>> Associate Professor of Political Science and
>> Director of the Law, Justice, & Society Concentration
>> Albion College
>> Albion, Michigan  49224
>> >>> "Sanford Levinson" <SLevinson at law.utexas.edu> 01/14/07 4:20 PM >>>
>> The best such discussion is in Brian Tamahana's book The Rule of Law 
>> (Cambridge U. Press).
>>
>> sandy
>>
>> ________________________________
>>
>> From: conlawprof-bounces at lists.ucla.edu on behalf of John Parry
>> Sent: Sun 1/14/2007 2:42 PM
>> To: CONLAWPROF at lists.ucla.edu
>> Subject: Rule of Law question
>>
>>
>>
>> I'm looking for good critical discussions of the "rule of law," 
>> whether from the
>> CLS literature or successor approaches, as well as discussions from 
>> outside the
>> legal academy.  For that matter, I'm interested in what listmembers 
>> think are
>> the best or most useful discussions, whether or not those discussions 
>> adopt a
>> critical approach.
>>
>> Any thoughts?  On or off list is fine with me.
>>
>> Thanks,
>>
>> John Parry
>> Lewis & Clark Law School
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>> _______________________________________________
>> To post, send message to Conlawprof at lists.ucla.edu
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>> Please note that messages sent to this large list cannot be viewed as 
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>
>

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