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Product Description
Product Description
'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.
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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Most Helpful Customer Reviews
61 of 62 people found the following review helpful
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.
21 of 22 people found the following review helpful
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.
4 of 4 people found the following review helpful
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.
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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Most Recent Customer Reviews
Cogent, Comprehensive and Concise
I have just re-read this book and found it even better than I did the first time round, when it already impressed me by its cogent and succinct arguments and exposition. Read more
Published 1 month ago by Michael Jones
rule of law
This book has all the basic stuff of the rule of law. This book it truly helpful for everyone that is struggling to grasp what the rule of law is.
Published 1 month ago by sarang
The Rule of Law
The book is written by the late Lord Bingham. For lawyers, most of the principles mentioned in the book should not be new but Lord Bingham had set out the principles, and the... Read more
Published 5 months ago by Kelvin LEE
An exceptional legal treatise
I cannot say whether this book is written for the lay person but I think any layman would find it fascinating and I can commend it to anybody who has the least interest in the... Read more
Published 6 months ago by Rogershkg
Interesting, even funny at times
The Rule Of Law was a good read, it's pitched at a great level, accessible and humorous which helped the pages turn. Read more
Published 8 months ago by D. J. PITT
Reliable and helpful seller
I purchased an item from this seller and they proved to be very resourceful and forthcoming when I had any questions regarding the product.
Published 10 months ago by marin lazo
Rule of Law
An excellent and comprehensive summary of the English legal system, which is both intelligible, clearly written and immensely readable to a lay audience. Fully recommended.
Published 11 months ago by Ashenden
Law Lord lays it down.
This book is clearly aimed at the proverbial "man in the street" who probably has no detailed knowledge of the law but knows enough to realise how important the subject of this... Read more
Published 11 months ago by Allen Worcester
The Rule of Law Rendered Clearly
On starting to read Tom Bingham's "The Rule of Law", one is immediately surprised by the modesty of this statement by a distinguished law lord: "I chose as my subject `The Rule of... Read more
Published 13 months ago by Herman Norford
doubts arose
The late Lord Bingham was undoubtedly a distinguished practitioner in the law, and he has left us a cogent, well-written and blessedly short account of what the concept 'the rule... Read more
Published 13 months ago by Stephen
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