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12. POLITICS, INTERPRETATION, AND THE RULE OF LAW
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William N. Eskridge
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Chapters in this book
- Frontmatter i
- CONTENTS ix
- PREFACE xi
- CONTRIBUTORS xiii
- INTRODUCTION 1
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PART I. DEMOCRACY AND THE RULE OF LAW
- 1. DEMOCRACY AND THE RULE OF LAW 13
- 2. CIVIL DISOBEDIENCE AND THE RULE OF LAW— A LOCKEAN INSIGHT 45
- 3. HOBBES, LOCKE, AND THE PROBLEM OF THE RULE OF LAW 63
- 4. DEMOCRACY, EQUALITY, AND THE DEATH PENALTY 80
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PART II. JUSTICE AND THE RULE OF LAW
- 5. THE LEGAL CODES OF ANCIENT ISRAEL 101
- 6. EQUITY AND THE RULE OF LAW 120
- 7. THE RULE OF LAW, JUSTICE, AND THE POLITICS OF MODERATION 148
- 8. PARTICULARISM, DISCRETION, AND THE RULE OF LAW 178
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PART III. RATIONALITY AND THE RULE OF LAW
- 9. MY UNIVERSITY'S YACHT: MORALITY AND THE RULE OF LAW 205
- 10. THE INSTITUTION OF MORALITY 228
- 11. PUBLIC CHOICE AND THE RULE OF LAW: RATIONAL CHOICE THEORIES OF STATUTORY INTERPRETATION 244
- 12. POLITICS, INTERPRETATION, AND THE RULE OF LAW 265
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PART IV. LIMITS TO THE RULE OF LAW
- 13. LIBERALISM AND THE SUSPECT ENTERPRISE OF POLITICAL INSTITUTIONALIZATION: THE CASE OF THE RULE OF LAW 297
- 14. PUBLIC REASON AND THE RULE OF LAW 328
- INDEX 365
Chapters in this book
- Frontmatter i
- CONTENTS ix
- PREFACE xi
- CONTRIBUTORS xiii
- INTRODUCTION 1
-
PART I. DEMOCRACY AND THE RULE OF LAW
- 1. DEMOCRACY AND THE RULE OF LAW 13
- 2. CIVIL DISOBEDIENCE AND THE RULE OF LAW— A LOCKEAN INSIGHT 45
- 3. HOBBES, LOCKE, AND THE PROBLEM OF THE RULE OF LAW 63
- 4. DEMOCRACY, EQUALITY, AND THE DEATH PENALTY 80
-
PART II. JUSTICE AND THE RULE OF LAW
- 5. THE LEGAL CODES OF ANCIENT ISRAEL 101
- 6. EQUITY AND THE RULE OF LAW 120
- 7. THE RULE OF LAW, JUSTICE, AND THE POLITICS OF MODERATION 148
- 8. PARTICULARISM, DISCRETION, AND THE RULE OF LAW 178
-
PART III. RATIONALITY AND THE RULE OF LAW
- 9. MY UNIVERSITY'S YACHT: MORALITY AND THE RULE OF LAW 205
- 10. THE INSTITUTION OF MORALITY 228
- 11. PUBLIC CHOICE AND THE RULE OF LAW: RATIONAL CHOICE THEORIES OF STATUTORY INTERPRETATION 244
- 12. POLITICS, INTERPRETATION, AND THE RULE OF LAW 265
-
PART IV. LIMITS TO THE RULE OF LAW
- 13. LIBERALISM AND THE SUSPECT ENTERPRISE OF POLITICAL INSTITUTIONALIZATION: THE CASE OF THE RULE OF LAW 297
- 14. PUBLIC REASON AND THE RULE OF LAW 328
- INDEX 365