The Rule of Law in the United States
What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? This open access book traces the promise and paradox of the American rule of law in three interwoven ways. It focuses on explicating...
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| Format: | Online |
| Jezik: | engleski |
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Bloomsbury Academic
2022
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| Teme: | |
| Online pristup: | ONIX_20221014_9781509940011_192 |
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| _version_ | 1869517766617202688 |
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| author | Gowder, Paul |
| author_browse | Gowder, Paul |
| author_facet | Gowder, Paul |
| author_sort | Gowder, Paul |
| collection | Directory of Open Access Books |
| description | What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? This open access book traces the promise and paradox of the American rule of law in three interwoven ways. It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by Northwestern University Pritzker School of Law and the Northwestern Open Access Fund, provided by Northwestern University Libraries. |
| format | Online |
| id | doab-20.500.12854ir-92702 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2022 |
| publishDateRange | 2022 |
| publishDateSort | 2022 |
| publisher | Bloomsbury Academic |
| publisherStr | Bloomsbury Academic |
| record_format | ojs |
| spelling | doab-20.500.12854ir-927022025-08-13T13:42:44Z The Rule of Law in the United States Gowder, Paul America Equality Black Americans African-Americans Liberty Critical Race Theory Constitutional Theory American Revolution Slavery Abolition republicanism liberalism Judicial Independence Reconstruction Equal Protection Civil Rights Criminal Justice Reform Policing Administrative Law Executive Discretion National Security Immigration Native Americans Legal Alienation thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? This open access book traces the promise and paradox of the American rule of law in three interwoven ways. It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by Northwestern University Pritzker School of Law and the Northwestern Open Access Fund, provided by Northwestern University Libraries. 2022-10-15T04:02:36Z 2022-10-15T04:02:36Z 2022-10-14T14:55:07Z 2021 book ONIX_20221014_9781509940011_192 OCN: 1281198334 https://library.oapen.org/handle/20.500.12657/58861 9781509940011 9781509940004 https://directory.doabooks.org/handle/20.500.12854/92702 eng The Rule of Law in Context open access image/jpeg image/jpeg image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International https://library.oapen.org/bitstream/20.500.12657/58861/1/9781509940011.pdf https://library.oapen.org/bitstream/20.500.12657/58861/1/9781509940011.pdf https://library.oapen.org/bitstream/20.500.12657/58861/1/9781509940011.pdf Bloomsbury Academic Hart Publishing 10.5040/9781509940028 10.5040/9781509940028 f75587da-2374-4722-9d42-9fffa7fa3f92 9781509940011 9781509940004 Hart Publishing 288 London open access |
| spellingShingle | America Equality Black Americans African-Americans Liberty Critical Race Theory Constitutional Theory American Revolution Slavery Abolition republicanism liberalism Judicial Independence Reconstruction Equal Protection Civil Rights Criminal Justice Reform Policing Administrative Law Executive Discretion National Security Immigration Native Americans Legal Alienation thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general Gowder, Paul The Rule of Law in the United States |
| title | The Rule of Law in the United States |
| title_full | The Rule of Law in the United States |
| title_fullStr | The Rule of Law in the United States |
| title_full_unstemmed | The Rule of Law in the United States |
| title_short | The Rule of Law in the United States |
| title_sort | rule of law in the united states |
| topic | America Equality Black Americans African-Americans Liberty Critical Race Theory Constitutional Theory American Revolution Slavery Abolition republicanism liberalism Judicial Independence Reconstruction Equal Protection Civil Rights Criminal Justice Reform Policing Administrative Law Executive Discretion National Security Immigration Native Americans Legal Alienation thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general |
| topic_facet | America Equality Black Americans African-Americans Liberty Critical Race Theory Constitutional Theory American Revolution Slavery Abolition republicanism liberalism Judicial Independence Reconstruction Equal Protection Civil Rights Criminal Justice Reform Policing Administrative Law Executive Discretion National Security Immigration Native Americans Legal Alienation thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general |
| url | ONIX_20221014_9781509940011_192 |
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