Administrative / Constitutional Law

A Rule of Law for Our New Age of Anxiety

By Stephen J. Toope
Cambridge University Press June 2023

Specifications

ISBN-13
9781009299459
Publisher
Cambridge University Press
Publication
June 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Taking Auden's 'Age of Anxiety' as a leitmotiv and drawing on literature from law, philosophy, political theory, international relations, and sociology, Toope argues with passion that a renewed faith in the rule of law can address troubling developments in our own anxious times: populist nationalism; globalisation; and disruptive technologies with their dominating platforms. We can address anxiety by bolstering social resilience, drawing upon a plural intellectual heritage. That heritage reveals a unique type of 'authority' in society, 'epistemic practical authority' built up continuously through social discourse and action, shifting focus from the state of 'being' to the dynamic of 'becoming.' What is law's role in this world? The modest, yet powerful, version of the rule of law advocated here is one that draws on a wellspring of practical wisdom - prudence gleaned from pragmatic experience. It chastens power, while not disconnecting law from other sources of social action and human agency.

  • A multidisciplinary perspective, drawing on law, legal theory, philosophy, sociology and international relations
  • Connects theoretical insights to real world issues
  • Endorses a pragmatic, problem-solving approach to world issues

Table of Contents

Introduction
Part I. Uncertainty, Risk and Anxiety:
1. Our Age of Anxiety
2. Populism and Nationalism
3. The Confounding Diversity of Globalisation
4. The Rise of Disruptive Technologies and Dominating Platforms
Part II. Our Inheritance of Thought and Action: Addressing our Anxiety
5. Practical Wisdom and Pragmatism
6. Social Practices, Background Knowledge and Law
Part III. A Modest 'Rule of Law' Helps Frame a Healthier Society:
7. The Bases of Law and Challenges to Legalism
8. Interactional Law and the Rule of Law
9. Lawyers, Practice and Legal Education
Conclusion: That A Beginning Be Made
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