Book contents
- The Cambridge Companion to the Rule of Law
- Cambridge Companions to Law
- The Cambridge Companion to the Rule of Law
- Copyright page
- Contents
- Contributors
- Part I Introduction
- Part II Histories
- Part III Moralities
- Part IV Pathologies
- 14 Thomas Hobbes and the Rule by Law Tradition
- 15 Conservative Critiques of the Rechtsstaat
- 16 Judith Shklar’s Critique of Legalism
- 17 The Frankfurt School and the Rule of Law
- 18 Critical Legal Studies and the Rule of Law
- 19 Feminist Critiques of the Rule of Law
- 20 Critical Race Theory and the Rule of Law
- Part V Trajectories
- Part VI Conclusion
- Bibliography
- Index
18 - Critical Legal Studies and the Rule of Law
from Part IV - Pathologies
Published online by Cambridge University Press: 03 August 2021
- The Cambridge Companion to the Rule of Law
- Cambridge Companions to Law
- The Cambridge Companion to the Rule of Law
- Copyright page
- Contents
- Contributors
- Part I Introduction
- Part II Histories
- Part III Moralities
- Part IV Pathologies
- 14 Thomas Hobbes and the Rule by Law Tradition
- 15 Conservative Critiques of the Rechtsstaat
- 16 Judith Shklar’s Critique of Legalism
- 17 The Frankfurt School and the Rule of Law
- 18 Critical Legal Studies and the Rule of Law
- 19 Feminist Critiques of the Rule of Law
- 20 Critical Race Theory and the Rule of Law
- Part V Trajectories
- Part VI Conclusion
- Bibliography
- Index
Summary
The World Justice Project publishes a “Rule of Law” Index. For 2016 the nations with the highest scores were Denmark, Norway, and Finland. Germany outranked Singapore, which in turn outranked the United States. Russia and Ecuador were tied at the relatively low 45th position, but both were above Bolivia (104) and Venezuela, which came in dead last. The Index attempts to measure compliance with what its sponsors identify as “universal principles of the rule of law.” These are that “[t]he government and its officials and agents as well as individuals and private entities are accountable under the law,” that “laws are clear, publicized, stable, and just, are applied evenly, and protect fundamental rights, including the security of persons and property,” that “[t]he process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient,” and that “[j]ustice is delivered by competent, ethical and independent representatives and neutrals who are of sufficient number, have adequate resources and reflect the makeup of the communities they serve.”1 Some of these universal principles replicate in other terms Lon Fuller’s famous list of elements of the rule of law; others go beyond Fuller’s minimum requirements.
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- The Cambridge Companion to the Rule of Law , pp. 328 - 339Publisher: Cambridge University PressPrint publication year: 2021
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