Download Democracy and the Rule of Law by José María Maravall, Adam Przeworski PDF

By José María Maravall, Adam Przeworski

A world staff of experts from the fields of legislations, politics, economics, and philosophy deal with the query of why governments act or don't act in line with legislation. The authors interpret the rule of thumb of legislation as a strategic selection of actors with robust pursuits, instead of as an exogenous constraint on politicians. the guideline of legislations emerges while no workforce is robust sufficient to dominate the others, and political actors search to solve their conflicts by means of recourse to legislations. legislations is therefore deeply rooted in politics.

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His thesis, essentially, is that governments are driven to make their own behavior predictable for the sake of cooperation. Governments tend to behave as if they were “bound” by law, rather than using law unpredictably as a stick to discipline subject populations, less because they fear rebellion than because they have specific goals (such as fending off attempts by foreign invaders to seize their territory) that require a high degree of voluntary cooperation from specific social groups possessing specific 19 CY207-02 0521825598 May 7, 2003 8:34 Char Count= 0 Stephen Holmes skills (soldiers) and assets (the tax base).

But this would be a fatal mistake, destabilizing for the polity and personally endangering its political and economic elite. 7. 36 CY207-02 0521825598 May 7, 2003 8:34 Char Count= 0 Lineages of the Rule of Law run. That they can do so, Roman history strongly suggests. A politically and economically dominant group has a powerful incentive to expose itself in this way. For to give the desire of the many for revenge against the few a public platform is also to impose upon such class resentment a consequential discipline.

Princeton: Princeton University Press. Vile, M. J. C. 1967. Constitutionalism and the Separation of Powers. Oxford: Clarendon Press. 16 CY207-02 0521825598 May 7, 2003 8:34 Char Count= 0 Part One 17 CY207-02 0521825598 May 7, 2003 8:34 Char Count= 0 18 CY207-02 0521825598 May 7, 2003 8:34 Char Count= 0 S TEPHEN HO LMES Chapter One Lineages of the Rule of Law This chapter elaborates a highly stylized and simplified account of the emergence of two features of the rule of law as commonly understood: predictability and equality.

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