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The Rule of Law [Paperback]

Tom Bingham
4.5 out of 5 stars  See all reviews (37 customer reviews)
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Book Description

24 Feb 2011 014103453X 978-0141034539 Reprint

'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of?

In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism.

The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.


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Product details

  • Paperback: 224 pages
  • Publisher: Penguin; Reprint edition (24 Feb 2011)
  • Language: English
  • ISBN-10: 014103453X
  • ISBN-13: 978-0141034539
  • Product Dimensions: 12.9 x 1.3 x 19.8 cm
  • Average Customer Review: 4.5 out of 5 stars  See all reviews (37 customer reviews)
  • Amazon Bestsellers Rank: 14,001 in Books (See Top 100 in Books)

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Product Description

About the Author

Tom Bingham, 'the most eminent of our judges' (Guardian), held office successively as Master of the Rolls, Lord Chief Justice of England and Wales and Senior Law Lord of the United Kingdom, the only person ever to hold all three offices. He became a life peer, as Baron Bingham of Cornhill in the County of Powys, on becoming Lord Chief Justice in 1996. In 2005 he was appointed a Knight of the Garter, the first professional judge to be so honoured. He retired in 2008, and in the same year was elected by the Institut de France as the first winner of the Prize for Law awarded by the Alexander S. Onassis Public Benefit Foundation.

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Front Cover | Copyright | Table of Contents | Excerpt | Index | Back Cover
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Customer Reviews

Most Helpful Customer Reviews
65 of 66 people found the following review helpful
5.0 out of 5 stars Powerful and persuasive 4 Feb 2010
By J. Baldwin VINE™ VOICE
Format:Hardcover|Amazon Verified Purchase
Although dealing with complex legal concepts, Bingham writes so clearly and elegantly that this book is a joy to read and is perfectly comprehensible to a lay person. (Indeed, this is the readership at which it is aimed.) The 'rule of law' is a vitally important subject and this book should be read by anyone who seeks to understand better the meaning of the concept and who is concerned about the erosion of human rights in this country. Though the writing is balanced and measured throughout, Bingham pulls no punches in his observations about the legality of the Iraq War and the justifications put forward by Bush, Blair and their cronies - his commentary on the war is as incisive (and as devastating) as anything I have read on the subject. The book is a legal tour de force, written by this country's most distinguished jurist.
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7 of 7 people found the following review helpful
4.0 out of 5 stars Magnificent, unsettling. 7 May 2011
Format:Paperback
I kept wanting to call the author "Honest Tom Bingham". He was a Supreme Court Judge in Britain, unafraid of Europe, he comes across as a real internationalist, a universal values individual. His writing style is clear and unadorned, honest Tom.
He lets the Magna Carta, the Declaration of Independence and the Bill of Rights bellow for themselves. He follows the development of Habeas Corpus, and lets us contrast this with Guantanamo. As you would expect with a judge, everything, eventually becomes either right or wrong. The ambiguity of the West's response to Terrorism is anathema to him. Let the Sky's fall.
So, in my praise of this book ,also comes my reservation. Individuals allow their behaviour in societies be guided by laws, to which they have some input and to which they give consent. If done impartially, judgements can be accepted. Laws made by dictators are invalid from their inception, (so, no, you cant just be obeying orders). Fine on the first bit, what do you do about the second bit?
So the specific unease. What do we do about assassinations ordered by democratically elected politicians, done in the name of protecting society from terrorists? How far do we go?
I write this in the week when Osama Bin Laden was killed. I am not sure if the killing was legal, per se, though I can see how it was justified. I think that if he had been captured alive, there would have been an almighty legal tangle about where to jail him, where to try him etc. And yet he was a homicidal maniac, with quite a following. Also I am aware of the Tunisian revolution, sparked by a youth committing suicide in despair at this treatment by a corrupt government. The rule of the people overthrew the government, not the rule of law.
So it seems there is a basic tension about the rule of law, and its relationship to communal violence and governance which still leaves us uneasy.
Tom Bingham doesn't address this, but brings us through the facets of the rule of law which underlie developed society. During the `Arab spring' his book made me realize why China and Russia are probably terrified of civil unrest, whereas the democratic world can and should welcome it.
Honest Tom Bingham's book is a must-read to understand where the tensions lie.
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24 of 26 people found the following review helpful
5.0 out of 5 stars Compelling 21 Feb 2010
Format:Hardcover
Concise, compelling and written with an agreeable dry wit, The Rule of Law is both instructive and enjoyable. While written primarily from a British perspective, the book includes helpful discussion of US and continental European applications. It takes the reader through a brief history of the concept of the rule of law, its key substantive content and concludes with discussion of its applicability to international relations and of issues raised by terrorism and parliamentary sovereignty. Although primarily analytical, the book also has a polemical edge - until I read it I thought that the arguments about the legality of the Iraq war were essentially academic, of no real political or practical importance. Bingham persuaded me otherwise.
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Most Recent Customer Reviews
4.0 out of 5 stars Lord Bingham Knows!
Excellent writing: easy to read and (perhaps unsurprising from Lord Bingham) comprehensive, especially considering 'The Rule of Law' is written for a layman audience. Read more
Published 9 days ago by Brett Crumley
4.0 out of 5 stars OK
bought for study work for my son who had no complaints so can only assume its ok. a a a
Published 1 month ago by Gorams Gloves
5.0 out of 5 stars Brilliant exposition
Short clear chapters cover the rule of law and its relationship to the sovereignty of Parliament. Very impressive in intellectual grasp and sheer common sense.
Published 2 months ago by Gillian Allen
4.0 out of 5 stars Rating
I'm very satisfied with the way of handling of this quite a demanding subject. His lordship mede himself much familier with this book.
Published 3 months ago by Mikko Uimonen
5.0 out of 5 stars Brilliant
A couple of years ago I stumbled across Tom Bingham's obituary in the paper. I was completely ignorant of the man but occupying an entire page, I read out of curiosity. Read more
Published 3 months ago by Mr. M. Mcallister
5.0 out of 5 stars The Law is King - Long live the King
I have never read a book more enlightening with respect to how the world of humans works - and how it got to work that way. Read more
Published 5 months ago by mad_humanist
5.0 out of 5 stars An idea misunderstood by many.
an excellent explanation of what the law is, how it is practice and how the public perceive it different from the parliament.
Published 5 months ago by Tomtyve & Co
5.0 out of 5 stars Excellent service
I bought this book for my daughter as a test reading of Law. She really likes the book and its content.
Published 5 months ago by Rekha
5.0 out of 5 stars An absolute must read for law students!
This book is both inspirational and informative. There is no reason why you shouldn't buy it and read it. It is small, handy, cheap and authoritative. Read more
Published 5 months ago by Jamie
5.0 out of 5 stars Rule of Law
Terrific book. Essential read for politicians in Europe and beyond. Law students should have this book on their reading lists.
Published 10 months ago by C. Th Smit
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