The Anglo-American Conception of the Rule of Law

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.

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

Auteur

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.

Résumé

"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)

Contenu

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.

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