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Feminist critiques of the Rule of Law
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Munro, Vanessa (2021) Feminist critiques of the Rule of Law. In: Meierhenrich, Jens and Loughlin, Martin, (eds.) The Cambridge Companion to the Rule of Law. Cambridge Companions to Law . London : Cambridge University Press, pp. 340-356. ISBN 9781108600569
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Official URL: https://doi.org/10.1017/9781108600569.020
Abstract
It is a liberal truism that to live as a citizen in a society governed by “the rule of law” means both to be ruled by law and to be the ruler of law, at least insofar as submission is the consequence of a quasi-contractual or reciprocal exchange of chaos for order. The architecture of the rule of law ideal is built upon foundations of democratic legitimacy and popular sovereignty and, while the task of its authorship and enforcement may be collectively delegated, the fundamental mandate remains – so the theory goes – within the gift of individual citizens. For decades, however, critical scholars have questioned the legitimacy of this account, highlighting delusions of empowerment and the presence of micro-politics that mediate the relationship between what is authored in the name of citizens and the partial interests this may serve.
Item Type: | Book Item | ||||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||||
Series Name: | Cambridge Companions to Law | ||||||
Publisher: | Cambridge University Press | ||||||
Place of Publication: | London | ||||||
ISBN: | 9781108600569 | ||||||
Book Title: | The Cambridge Companion to the Rule of Law | ||||||
Editor: | Meierhenrich, Jens and Loughlin, Martin | ||||||
Official Date: | August 2021 | ||||||
Dates: |
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Page Range: | pp. 340-356 | ||||||
DOI: | 10.1017/9781108600569.020 | ||||||
Status: | Peer Reviewed | ||||||
Publication Status: | Published | ||||||
Access rights to Published version: | Restricted or Subscription Access |
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