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.

A pathbreaking theoretical and empirical study proposing social equality as a measure of the rule of law.

An essential study of the rule of law by one of the world’s leading liberal political and legal philosophers. The meaning and value of the rule of law have been debated since antiquity. For many, the rule of law has become the essence of good government. But Jeremy Waldron takes a different view, arguing that it is but one star in a constellation of ideals that define our political morality, ranking alongside democracy, human rights, economic freedom, and social justice. This timely essay collection, from one of the most respected political philosophers of his generation, is a brief on behalf of thoughtfulness: the intervention of human intelligence in the application of law. Waldron defends thoughtfulness against the claim that it threatens to replace the rule of law with the arbitrary rule of people. To the contrary, he argues, the rule of law requires thoughtfulness: it is impossible to apply a standard such as “reasonableness” on the basis of rules alone, and common legal activities like arguing in court and reasoning from precedents are poorly served by algorithmic logics. This rich compilation also addresses the place of law in protecting human dignity, the relation between rule of law and legislation, and whether vagueness in the law is at odds with law’s role in guiding action. Thoughtfulness and the Rule of Law emphasizes the value of procedures rather than the substance or outcome of legal decisions. Challenging the view that predictability and clarity are cardinal virtues, Waldron shows that real-world controversies often are best approached using a relatively thin concept of the rule of law, together with the thoughtfulness that a legal system frames and enables.

Arguing that good legal reasoning remains the best device by which we can ensure that judicial impartiality, the rule of law, and social trust and peace are preserved, Thomas F. Burke and Lief H. Carter present an accessible and lively text that analyzes the politics of the judicial process. Looking at the larger social and institutional contexts that affect the rule of law - including religious beliefs and media coverage of the courts - Reason in Law uses cases ripped from the headlines to illustrate its theory in real-world practice.

Government at every level is too big, too powerful, and too intrusive. But don’t blame just legislators and members of the executive branch for constantly overstepping their constitutional bounds. As Clark Neily argues in The Terms of Engagement, judges have more than their fair share of the blame. While liberals seek court rulings creating positive rights to things like free health care and conservatives call for judicial “restraint,” the end result is same: greater government power and diminished individual rights. With compelling real-world examples and penetrating legal analysis, Neily’s book shows how judicial abdication brought us to this point and calls for “judicial engagement” to restore courts as the critical check on the other branches of government envisioned by the Framers. Neily documents how courts have largely abandoned that vital role, and he offers a persuasive solution for the epidemic of judicial abdication: principled judicial engagement whereby judges actually judge in all constitutional cases, rather than reflexively taking the government’s side as they so often do now. Anyone concerned about the size of government, the sanctity of the Constitution, and the rule of law will find a refreshingly new perspective in this book written for non-lawyers and lawyers alike.

In every corner of the world, from booming metropolises to isolated villages, the ideas of law and order serve as the foundations upon which civilizations are founded. They form our relationships, guide our conduct, and preserve our rights. Yet, the dense fabric of rules, regulations, and judicial systems may sometimes appear overwhelming and incomprehensible to the inexperienced. In "Law and Order: Exploring the Foundations of Society," we go on a quest to solve the secrets of the legal world, digging deep into its history, principles, and influence on our everyday lives. From the oldest legal rules inscribed in stone to the complex laws of contemporary democracies, this book chronicles the history of legal systems throughout time and place. We investigate the foundations of legal philosophy in ancient civilizations such as Mesopotamia, Egypt, and Greece, where conceptions of justice and fairness originally took form. Drawing upon ideas from legal academics, historians, and practitioners, we analyze significant episodes in legal history, from the Magna Carta to the Universal Declaration of Human Rights, that have impacted the trajectory of law and government. But "Law and Order" is more than simply a historical review; it is a beacon of clarity in an often murky sea of legalese. We explain the major ideas and principles that drive legal systems, from the presumption of innocence to the rule of law, making them approachable to readers of all backgrounds. Through insightful case studies and real-world examples, we explain how these ideas are utilized in reality, from the courtroom to the halls of power. At its heart, this book is a celebration of the lasting ability of law to achieve justice, safeguard rights, and develop social harmony. It is a monument to the hard efforts of judges, attorneys, activists, and politicians who seek to defend the values of justice and equality in the face of adversity. It is a call to action for readers to connect with the legal world, become educated citizens, and take an active part in making the laws that govern our lives. As we start on this journey together, let us recall the words of Justice Oliver Wendell Holmes Jr.: "The law is the testimony and outward deposit of our moral life. Its history is the history of the moral evolution of the race." Join us as we explore the rich tapestry of legal history and examine the enormous influence of law and order on the fabric of society.

The rule of law provides the foundation for communities of opportunityand equity - communities that offer sustainable economic development,accountable government, and respect for fundamental rights.Executive SummaryThe World Justice Project (WJP) joins efforts to producereliable data on rule of law through the WJP Rule of LawIndex 2015, the fifth report in an annual series, whichmeasures rule of law based on the experiences andperceptions of the general public and in-country expertsworldwide. We hope this annual publication, anchoredin actual experiences, will help identify strengths andweaknesses in each country under review and encouragepolicy choices that strengthen the rule of law.The WJP Rule of Law Index 2015 presents a portraitof the rule of law in each country by providing scoresand rankings organized around nine factors: constraintson government powers, absence of corruption, opengovernment, fundamental rights, order and security,regulatory enforcement, civil justice, criminal justice, andinformal justice. These factors are intended to reflecthow people experience rule of law in everyday life.The country scores and rankings for the WJP Ruleof Law Index 2015 are derived from more than100,000 household and expert surveys in 102countries and jurisdictions. The Index is the world'smost comprehensive data set of its kind and the onlyto rely solely on primary data, measuring a nation'sadherence to the rule of law from the perspective ofhow ordinary people experience it. These featuresmake the Index a powerful tool that can help identifystrengths and weaknesses in each country, and helpto inform policy debates, both within and acrosscountries, that advance the rule of law.