In The Rule Of Law In The Real World, Paul Gowder Defends A New Conception Of The Rule Of Law As The Coordinated Control Of Power And Demonstrates That The Rule Of Law, Thus Understood, Creates And Preserves Social Equality In A State. In A Highly Engaging, Interdisciplinary Text That Moves Seamlessly From Theory To Reality, Using Examples Ranging From Ancient Greece Through The Present, Gowder Sheds Light On How Societies Have Achieved The Rule Of Law, How They Have Sustained It In The Face Of Political Upheaval, And How It May Be Measured And Developed In The Future. The Rule Of Law In The Real World Is An Essential Work For Scholars, Students, Policymakers, And Anyone Else Who Believes The Rule Of Law Is Critical To The Proper Functioning Of Society-- The Rule Of Law : A Basic Account -- The Strong Version Of The Rule Of Law -- Generality And Hierarchy -- Egalitarian Liberty And Reciprocity In Strategic Context -- Isonomia : The Dawn Of Legal Equality -- The Logic Of Coordination -- Parliament, Crown And The Rule Of Law In Britain -- The Logic Of Commitment -- The Role Of Development Professionals : Measurement And Promotion -- Conclusion: A Commitment To Equality Begins At Home. Paul Gowder. Includes Bibliographical References (pages 249-270) And Index.

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Gowder, Paul

RCOG Press

United Kingdom and Ireland, United Kingdom

New York, NY, 2016

Cambridge, 2016

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The Rule of Law in the Real World 4
Contents 8
Acknowledgments 12
Introduction 14
1 The rule of law: a basic account 20
I Opening technicalities 21
II The weak version of the rule of law in two principles 25
A Regularity 25
B Publicity 28
III Vertical equality 31
A Respect and hubris 32
B Terror 33
C Normative robustness 35
IV Closing technicalities 37
2 The strong version of the rule of law 41
I Generality and the idea of a relevant distinction 42
A Many conceptions of generality 42
B Against the formal conception of generality 42
C Public reason as relevance criterion 46
II How to apply the public reason conception of generality 46
A Public reason: expressive 46
B Finding the expressive content of a law 48
1 Reasons and meanings 48
2 Proof of concept 51
III Generality as egalitarian principle 53
3 Generality and hierarchy 55
I The literacy tests: a model of nongeneral law 55
II The rule of law and social facts 58
A The disjunctive character of rule of law commands 58
III The rule of law and the criminalization of poverty 58
A The rule of law critique of economic injustice 60
IV Is this still the rule of law? 61
V Private power and ordinary citizens 64
A Does the rule of law require ordinary citizens to obey the law? 64
B The Jim Crow challenge 66
4 Egalitarian liberty and reciprocity in strategic context 71
I The rule of law as a technology of constraint 72
II Some arguments for the liberty thesis 75
A The incentives argument 75
B The chilling effects argument 76
1 The problem of complexity 79
C The planning argument 81
D Neorepublican liberty 83
E Democratic liberty 86
III Libertarian equality 87
5 Isonomia: The dawn of legal equality 91
I How was the rule of law implemented in Athens? 92
A An overview of the Athenian legal system 92
B The rule of law and the oligarchy 93
C The Athenian rule of law 93
1 Regularity 94
2 Publicity 96
3 Generality 97
II Equality and the Athenian rule of law 98
A A catalog of Athenian evidence 99
1 Forensic evidence for the Athenian equality thesis 99
2 Evidence from poets, philosophers, and historians 102
III But is the rule of law really consistent with egalitarian democracy? 104
A The conceptual objection: constitutionalism as the rule of law 104
B The practical objection: arbitrary democracy and the trial of the generals 106
C The problem of informality 107
IV Law contra oligarchy 108
V Appendix: A brief time line of the late-fifth-century Athenian upheavals 108
6 The logic of coordination 110
I The strength topos and the amnesty 110
A The struggle between oligarchs and democrats, an overview 111
B The puzzle of the amnesty 112
C Did the Athenians learn from experience? 116
D The problems of commitment: disagreement and temptation 118
E Athens as a case of transitional justice 121
II Formalizing and generalizing Athens 122
A The model 125
1 Proof 130
2 Analysis 130
7 Parliament, Crown, and the rule of law in Britain 133
I The British rule of law: illusory? 134
A Hobbesian sovereignty and the absolute-power coalition 136
B Constraint, coordination, custom, and the constitution 137
C A historical precedent: customary manorial courts 141
II The rule of law and equal status in seventeenth-century England 142
A Magna Carta as egalitarian text 143
B The parliamentary debates of 1628 147
1 Villeins and status 149
2 Dishonor, fear, and contempt 150
3 Political liberty and coordination 152
4 Reviewing the evidence 153
III Civic trust and the British rule of law in later years 154
8 The logic of commitment 156
I The rule of law’s teleology of equality? 158
A Commitment, full generality, and the internal point of view 164
II Commitment and institutions 167
A Democracy and the rule of law 171
III Diversity, generality, and democracy 173
IV Simulating legal stability 174
9 The role of development professionals: measurement and promotion 181
I Rule of law development 181
A Persuasive commitment-building 184
B Generality development 185
C Radical localism 185
1 Locally driven project design 188
II Studying the rule of law: new empirical directions 189
A The new measure: methods 192
1 Structure and scaling 192
2 Item selection and scale-fitting 194
B Limitations 196
C Behavior of the measure 196
III Appendix: Scores and states 197
A Rule of law scores 198
B The rule of law and other measures of political well-being 199
Conclusion: a commitment to equality begins at home 202
Notes 210
Introduction 210
1 The rule of law: a basic account 211
2 The strong version of the rule of law 216
3 Generality and hierarchy 221
4 Egalitarian liberty and reciprocity in strategic context 224
5 Isonomia: The dawn of legal equality 229
6 The logic of coordination 237
7 Parliament, Crown, and the rule of law in Britain 243
8 The logic of commitment 250
9 The role of development professionals: measurement and promotion 254
Conclusion: a commitment to equality begins at home 258
References 262
Index 284

In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society. For more information, visit This book is also available as Open Access on Cambridge Core.

"In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society"-- Provided by publisher

2019-01-10