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Hague Journal on the Rule of Law

, Volume 11, Issue 2–3, pp 307–313 | Cite as

Krygier and Selznick and the Rule of Law

  • David LiebermanEmail author
Essay
  • 18 Downloads

Abstract

During the same period that Martin Krygier published several of his most important articles on the rule of law, he was also at work on an ambitious interpretation of the social theory of the U.S. sociologist, Philip Selznick (1919–2010). In the resulting volume, Philip Selznick: Ideals in the World (2012), Krygier generously acknowledged Selznick’s influence on his own intellectual development and emphasized the importance of Selznick’s treatment of the rule of law. My essay considers Krygier and Selznick’s distinctive commitments to studying the rule of law as both moral ideal and social institution shaped by extralegal forces. Following a brief survey of Selznick’s contributions, I consider elements of commonality and contrast in their common concern to recognize the limits and vindicate the promise of the rule of law.

Notes

References

  1. Krygier M (2002) Selznick’s subjects. In: Kagan R, Krygier M, Winston K (eds) Legality and community. On the intellectual legacy of Philip Selznick. Rowman & Littlefield Publishers, LanhamGoogle Scholar
  2. Krygier M (2004) False dichotomies, real perplexities, and the rule of law. In: Sajó A (ed) Human rights with modesty. The Problem of Universalism. Martinus Nijhoff, Leiden, pp 251–277CrossRefGoogle Scholar
  3. Krygier M (2008) The rule of law: legality, teleology, sociology. In: Palombella G, Walker N (eds) Relocating the rule of law. Hart Publishers, OxfordGoogle Scholar
  4. Krygier M (2011) Four puzzles about the rule of law: why, what, where? and who cares? Nomos 50:64–104Google Scholar
  5. Krygier M (2012a) Philip Selznick: ideals in the world. Stanford University Press, StanfordCrossRefGoogle Scholar
  6. Krygier M (2012b) Rule of law. In: Rosenfield M, Sajó A (eds) Oxford handbook of comparative constitutional law. Oxford University Press, OxfordGoogle Scholar
  7. Krygier M, Czarnota A (1999) The rule of law after communism: problems and prospects in East-Central Europe. Ashgate, AldershotGoogle Scholar
  8. Nonet P (1976) For jurisprudential sociology. Law Soc Rev 10:525–545CrossRefGoogle Scholar
  9. Nonet P, Selznick P (1978) Law and society in transition: toward responsive law. Harper, New YorkGoogle Scholar
  10. Selznick P (1961) Sociology and natural law. Nat Law Forum 6:84–108Google Scholar
  11. Selznick P (1969) Law, society and industrial justice. Transaction Books, New BrunswickGoogle Scholar
  12. Selznick P (1992) The moral commonwealth: social theory and the promise of community. University of California Press, Berkeley and Los AngelesGoogle Scholar
  13. Selznick P (1999) Legal cultures and the rule of law. In: Krygier, Czarnota, pp 21–38Google Scholar

Copyright information

© T.M.C. Asser Press 2019

Authors and Affiliations

  1. 1.University of CaliforniaBerkeleyUSA

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