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2 - Rechtsstaat versus the Rule of Law

from Part II - Histories

Published online by Cambridge University Press:  03 August 2021

Jens Meierhenrich
Affiliation:
London School of Economics
Martin Loughlin
Affiliation:
London School of Economics
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Summary

The difference between the idea of the Rechtsstaat and that of the rule of law is more than a variation on a theme. Theorists and practitioners of law’s rule would do well not to equate – for analytical as well as practical reasons – the Anglo-American way of law with what Leonard Krieger called “the German idea of freedom.”2 And yet they have and will – to the detriment, I argue in this chapter, of understanding and prescription.

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Publisher: Cambridge University Press
Print publication year: 2021

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