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    The Rule of Law in the United States

    An Unfinished Project of Black Liberation

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    Author(s)
    Gowder, Paul
    Language
    English
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    Abstract
    What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? This open access book traces the promise and paradox of the American rule of law in three interwoven ways. It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by Northwestern University Pritzker School of Law and the Northwestern Open Access Fund, provided by Northwestern University Libraries.
    URI
    https://library.oapen.org/handle/20.500.12657/58861
    Keywords
    America; Equality; Black Americans; African-Americans; Liberty; Critical Race Theory; Constitutional Theory; American Revolution; Slavery; Abolition; republicanism; liberalism; Judicial Independence; Reconstruction; Equal Protection; Civil Rights; Criminal Justice Reform; Policing; Administrative Law; Executive Discretion; National Security; Immigration; Native Americans; Legal Alienation
    DOI
    10.5040/9781509940028
    ISBN
    9781509940011, 9781509940004, 9781509940011
    Publisher
    Bloomsbury Academic
    Publisher website
    https://www.bloomsbury.com/academic/
    Publication date and place
    London, 2021
    Imprint
    Hart Publishing
    Series
    The Rule of Law in Context,
    Classification
    Constitutional & administrative law
    Pages
    288
    Rights
    https://creativecommons.org/licenses/by-nc-nd/4.0/
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    License

    • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

    Credits

    • logo EU
    • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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