Last edited by Gull
Monday, May 18, 2020 | History

5 edition of Two concepts of the rule of law. found in the catalog.

Two concepts of the rule of law.

by Gottfried Dietze

  • 298 Want to read
  • 10 Currently reading

Published by Liberty Fund in Indianapolis .
Written in English

    Places:
  • Germany.
    • Subjects:
    • Constitutional law -- Germany.,
    • Rule of law.

    • Classifications
      LC ClassificationsLAW
      The Physical Object
      Pagination108 p.
      Number of Pages108
      ID Numbers
      Open LibraryOL5414103M
      ISBN 100913966010
      LC Control Number73005664

      rule of law share, although a number of versions go beyond this minimum. As will be indicated, this version is amenable to a broad range of systems and societies. TWO FUNCTIONS OF THE RULE OF LAW, WITH PROBLEMS 1. One Function of the Rule of Law . THE CONCEPT AND THE RULE OF LAW Thousands of other examples could be cited. The Rule of Law is seen as a fragile but crucial ideal, and one that is appropriately invoked whenever governments try to get their way by arbitrary and oppressive action or by short-circuiting the norms and procedures laid down in their countries' laws or by:

      Rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of ariness is typical of various forms of despotism, absolutism, authoritarianism, and ic governments include even highly institutionalized forms.   Whereas the rule of law is still the one of the very important principles regulating in common law countries and common law derived countries modern laws has denied some of the important parts of rule of law as proposed by Dicey at the start of 19th Century. Dicey Rule of Law: The concept of rule of law backs to the time of : Vivek Ranjan.

      another influential writing adding meaning to the concept of rule of law. In Hayek wrote an important paper entitled, The Origins of the Rule of Law, 11 tracing the history of the concept of the rule of law through many centuries. Starting with the Greek and then the Roman philosophers, the BritishFile Size: KB. I have written extensively about the rule of law for two basic reasons.1 First, the notion of the rule of law is perhaps the most powerful and often repeated political ideal in contemporary global discourse. Everyone, it seems, is for the rule of law. The rule of law is a major source of legitimation for governments in the modern Size: 93KB.


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Two concepts of the rule of law by Gottfried Dietze Download PDF EPUB FB2

Two concepts of the rule of law: Dietze, Gottfried: : Books. Buy : Gottfried Dietze. Two concepts of the rule of law Unknown Binding – January 1, by Gottfried Dietze (Author)Author: Gottfried Dietze.

Get this from a library. Two concepts of the rule of law. [Gottfried Dietze] -- Chapters 1 and 2 previously published in German. Includes bibliographical references.

This Book Review is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago Law Journal by an authorized administrator of LAW eCommons.

For more information, please [email protected] Recommended Citation Francis E. McMahon,Two Concepts of the Rule of Law: by Gottfired. Two concepts of the rule of law. Gottfried Dietze. Liberty Fund, - Law - pages.

0 Reviews. From inside the book. What people are saying - Write a review. We haven't found any reviews in the usual places. Common terms and phrases. The rule of law is an essentially contested concept. It is defined in many different manners and debate is also necessary to keep it thriving.

The differences concern the question which elements are included into the concept. In all definitions, the rule of law is concerned with the control of public power through law with the aim of protecting the : Geranne Lautenbach. Jeremy Waldron and a procedural account of the Rule of Law 34 CHAPTER TWO: Identifying the Raw Material for Conceptual Analysis Why engage in conceptual analysis.

Raw material for analyzing the Rule of Law Current usage as raw material for conceptual analysis Current usage of the Rule of Law Historical usage Cited by: 7.

Abstract. This article explores and connects two issues: (1) the relation between the Rule of Law (or legality) and the work we do in general jurisprudence on the concept of law; and (2) the distinction between conceptions of the Rule of Law that emphasize certainty, rules, and predictability and conceptions of the Rule of Law that also emphasize procedure and argument, even when legal Cited by: Concept of Rule of Law.

The concept of Rule of law is of old origin and is an ancient ideal. It was discussed by ancient Greek philosophers such as Plato and Arist The concept of Rule of law is of old origin and is an ancient ideal. It was discussed by ancient Greek philosophers such as Plato and Arist.

The term Rule of Law does not provide any thing about how the laws are to be made, or anything specific like the Fundamental Rights or the Directive principles or equality etc.

but it provides for two basic concepts that is Law must be obeyed by the people and that the law must be made in such a way that it is able to guide the behaviour of its. More than years ago, Alexander Hamilton, James Madison, and John Jay published a series of essays promoting the ratification of the United States Constitution now known as Federalist Papers.

In explaining the need for an independent judiciary, Alexander Hamilton noted in The Federalist # 78 that the federal courts "were designed to be an intermediate body between the people and their. This paper is intended to provide rule of law practitioners with a review of the historical developments that have shaped the concept of the rule of law Author: Anthony Valcke.

The Concept of Law is a book by the legal philosopher HLA Hart and his most famous work. The Concept of Law presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and morality—within the framework of analytic sought to provide a theory of descriptive sociology and.

During the last decades, legal theory has focused almost completely on norms, rules and arguments as the constitutive elements of law. Concepts were mostly neglected.

The contributions to this volume try to remedy this neglect by elucidating the role concepts play in law from different perspectives. A main aim of this volume is to initiate a debate about concepts in law. Åke Frändberg gives. Richard J. Wall, Jr.; TWO CONCEPTS OF THE RULE OF LAW.

By Gottfried Dietze, Indianapolis: Liberty Fund, Inc.,The American Journal of Jurisprudence, VolCited by: 1. Two Concepts of the Rule of Law starting at $ Two Concepts of the Rule of Law has 1 available editions to buy at Half Price Books Marketplace. Abstract. This chapter sets up a contrast between the principle of the rule of law as understood in present-day analytical legal philosophy and as understood by ancient legal philosophers, particularly Plato, and thereby to argue for the usefulness of Plato’s integrative approach to legal philosophy.

Initially, some general criticisms of Plato’s philosophical methodology are addressed, and Cited by: 2. The rule of law on this conception is the ideal of rule by an accurate public conception of individual rights. It does not distinguish, as the rule book conception does, between the rule of law and substantive justice; on the contrary it requires, as a part of the ideal of law, that the rules in the rule book capture and enforce moral rights.

Meaning of the Expression Rule of Law The 'Rule of Law' is a dynamic concept and is not capable of any exact definition. This, however, does not mean that there is no agreement on the basic values which it represents.

The term 'Rule of Law' is used in contradiction of the rule of man. introductory explanation of the concept of the rule of law and how it relates to development.

It concludes with a brief description of some of the criticisms that have been made about the concept of the rule of law. What is the Rule of Law. The rule of law does not have a precise definition, and its meaning can vary between different. rule of law is both formal and substantive. It is also seen as an integral part of good governance.

Questi ons are though raised as to the extent to which the constitutional promise of the rule of law matches with actual situation in India. The rule of law requires that people should be governed by accepted rules, rather than by theFile Size: KB.This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law.

It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines.History. Although credit for popularizing the expression "the rule of law" in modern times is usually given to A.

V. Dicey, development of the legal concept can be traced through history to many ancient civilizations, including ancient Greece, Mesopotamia, India, and Rome.

Antiquity. In the West, the ancient Greeks initially regarded the best form of government as rule by the best men.