Rate this book

The Rule Of Law (2011)

by Tom Bingham(Favorite Author)

3.96 of 5 Votes: 12

ISBN

1846140900 (ISBN13: 9781846140907)

languge

English

genre

Nonfiction

publisher

Allen Lane

review 1: This book begins:"In 2006 I was asked to give the sixth Sir David Williams Lecture at the University of Cambridge. This is an annual lecture established in honour (not, happily, in memory) of a greatly respected legal scholar, leader and college head in that university. The organizers generously offered me a free choice of subject. . . . "I chose as my subject 'The Rule of Law'. I did so because the expression was constantly on people's lips, I was not quite sure what it meant, and I was not sure that all those who used the expression knew what they meant either, or meant the same thing." I was actually at this lecture (Cambridge spouse privilege), and I remember being fascinated and feverishly writing down what Lord Bingham was saying. This book, The Rule of Law, gre... morew out of that lecture and luckily it's a lot more detailed than the notes I took, which I still have to this day. For non-Brits, Lord Bingham was the former Lord Chief Justice of England and Wales, the English equivalent of the Chief Justice of the Supreme Court. And in particular, Lord Bingham is regarded as one of the greatest jurists in English history. I think of him as a sort of equivalent to a Justice Holmes in American history. Of course, Lord Bingham is of more recent vintage than Holmes. This book is a wonderfully incisive and detailed explanation of the concept of the rule of law. It starts with three meanings we assign to the concept of the rule of law (first coined and explained by Dicey.) Then it gives eight principles of the rule of law. I won't recite them here, but Lord Bingham's analysis wonderfully clarifies the concept and sets out broadly what is meant when we're talking about the rule of law. Then, the eight principles outline in a practical way what kinds of laws and policies that must be enacted to give life to the concept of the rule of law. Interestingly, Lord Bingham points out that a state's laws may adhere to the rule of law (in brief, the concept that legal actions must conform to the established rules, apply equally to all persons, and be applied in the ordinary courts through the ordinary legal processes) while being repugnant to our sense of "liberty," for example, a state that outlaws drinking orange soda as a rule of universal application and applied/punished through the ordinary courts and criminal system is one acting consistent with the rule of law, but only in the "thin" meaning of that term. Lord Bingham advocates (and frankly it's the only kind that makes sense anymore) a "thick" meaning of "the rule of law" which encompasses and indeed requires protection of personal liberties as part of the concept itself. If that interests you, I would recommend reading this book. I wouldn't call it essential reading for all lawyers and judges, because it's really big-picture, love-the-law sort of legal analysis. But it certainly is a good reminder of the principles which should guide the practice of law and jurisprudence. One problem with the book, unfortunately, is it is a little out of date. This is not helped by the unfortunate fact that Lord Bingham passed away in 2010 shortly after the book was published. So there is a short-ish section on the rule of law and the age of anti-terrorism. It is a good development of that area of recent history, though, and frankly this is what Lord Bingham will be remembered for: his guidance (and for some people, his failure to lead, unfortunately) during the decade of anti-terrorism and the challenge it brought to "the rule of law."
review 2: The Rule of Law is one of the fundamental principles of a democratic society and the foundation of a civilized society. In this short concise book, Tom Bingham first examines the historical origins of the rule -- such as the Magna Carta 1215, Habeas corpus, Petition of Right 1628, Sir Matthew Hale's resolutions and the Universal Declaration of Human RIghts. He then advances eight Rule of law understood in western democracies today.Tom Bingham goes into the specifics of any rule, stating the limitations, historical examples and exceptions. For example, the seventh Rule of Law is "A Fair Trial" and Tom Bingham addresses the issues of civil actions (an action is that is brought to enforce, redress or protect a private or civil right). Usually, where one party holds material which is relevant to the issues in the action, the material ought to be disclosed, but an exception arises when that party claims that disclosure would injure the public interest in a significant respect. A real case, in 1977, illustrates the problem. There was a report that a mother was seriously abusing her child, and so her house was inspected. The inspector interviewed the mother and examined the child, but found nothing amiss. But the parents of the child was shocked by the complaint and wanted to discover the identity of the informer. The NSPCC refused to reveal, claiming that it fell into the exception: the work done by the Society to protect children would be gravely hampered if members of the public could not give it information in total confidence that their identity would never be revealed. At the end of the day, none of the courts hearing the case read the document revealing the name.I picked this book up because I was recently interested in the study of Law. Many friends recommended it to me and said it was a key text for anyone interested in Law. In fact, I think this book would be appropriate for everyone because we are living in a law-guided society, and no one is above the law. less

Download links for: The Rule of Law

Advertising