Political Science | Rule of Law: Power, Law, and Freedom
Y396 | 19986 | Scheuerman
The Rule of Law is widely considered an indispensable component of
any decent political and social order. Yet the Rule of Law remains a
controversial notion about which citizens, politicians, and
academics heatedly disagree. Not surprisingly, it has been the
centerpiece of many recent political battles. What exactly is the
Rule of Law? Why is it so essential to a proper understanding of
contemporary political life?
The course begins with a discussion of the historical and
conceptual foundations of the Rule of Law. Considering the
possibility that the Rule of Law is undergoing serious decline in
even relatively robust liberal democracies, we then examine
different ways in which recent political and social events pose
challenges to the Rule of Law. Finally, we examine the charge that
the value of the Rule of Law has been badly overrated by many
political and legal thinkers. Might its present-day fragility offer
opportunities for political and social reform rather than reason for
anxiety?
Topics to be discussed include: the rule of law in the context of
globalization; the rule of law in criminal punishment; the rule of
law after 9/11.
Please note that this is not a course on the details of the
U.S. legal system, though many examples in the course will
inevitably come from real-life legal practice (U.S. or otherwise).
Instead, this class focuses on the concept of the Rule of Law, one
of the key intellectual and institutional achievements of the
western political and legal tradition, and then attempts to
determine the contemporary political relevance of the Rule of Law.