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Volume 27 - Winter 2002

Contents

Page 2 of 3

“From the Trenches and Towers” Commentary

Review Article

Review Essay

Research Article

  • A Positivist Account of the Rule of Law

  • Frank Lovett
  • Published online by Cambridge University Press:
    27 December 2018, pp. 41-78

  • Despite extensive debate, accounts of the Rule of Law remain strikingly vague and imprecise. This paper begins the task of remedying this situation through the development of an analytically rigorous theory of the Rule of Law. First, it offers a preliminary sketch of a concept of law; second, it shows how the principles traditionally associated with the Rule of Law can be intrinsically connected with this concept of law; and third, it shows how these principles place meaningful restrictions on what states can and cannot do. Further components of the overall project are gestured toward in the paper's conclusion. Apart from advancing the broader goal of developing a complete theory of the Rule of Law, a paper of even this limited scope will be helpful in imposing some much-needed conceptual discipline over the Rule of Law debate.

“From the Trenches and Towers” Commentary

Review Article

Research Article

  • Constructing a Common Language: The Function of Nuremberg in the Problematization of Postapartheid Justice

  • Stéphane Leman-Langlois
  • Published online by Cambridge University Press:
    27 December 2018, pp. 79-100

  • This paper analyzes the function acquired by the historical Nuremberg trial in the constitution of a specific discourse about transitional South Africa and about what should be done about the brutality of the past. This function is best described as mythical: emptied of content, Nuremberg was a blank slate on which all parties to the debate could write their conflicting representations of the situation and their respective proposed solutions. The organization of fundamentally incompatible representations of reality around unifying myths such as Nuremberg was key to the production of visible consensus on the proper evaluation of the sociopolitical situation and the basic characteristics of the right course of action, and thus the appearance of effective state administration in a reconciled nation.

Review Essay

“From the Trenches and Towers” Commentary

Review Article

Review Essay

Review Article

“From the Trenches and Towers” Commentary

Review Article

Commentary

Book Notes

Review Article

“From the Trenches and Towers” Reply

Review Article

Page 2 of 3