Liberty, Power, and the Rule of Law


Conferees investigated different understandings of the concept of the rule of law and how these overlap with the principles of classical liberalism, giving special emphasis to how the idea of the rule of law has manifested itself (or has failed to manifest itself) in the context of India.


Conference Readings

Tamanaha, Brian Z. “The Rule of Law and Legal Pluralism in Development.” Washington University in St. Louis School of Law Legal Studies Research Paper Series, Paper No. 11-07-01 (later published in Hague Journal on the Rule of Law, January 2011, Volume 3, Issue 1, pp 1–17.)

Barnett, Randy E. The Structure of Liberty: Justice and the Rule of Law. New York: Oxford University Press, 2000.

Buchanan, James M. The Collected Works of James M. Buchanan, Volume 7, The Limits of Liberty––Between Anarchy and Leviathan. Indianapolis: Liberty Fund, 2000.

Ferejohn, John and Pasquale Pasquino, “Rule of Democracy and Rule of Law” In Democracy and the Rule of Law, edited by Jose Maria Maravall and Adam Przeworski, 242-260. Cambridge: Cambridge University Press, 2003.

Haggard, Stephan, Andrew MacIntyre, and Lydia Tiede. “The Rule of Law and Economic Development.” Annual Review of Political Science 11 (2008): 205-234.

Hart, Herbert Lionel Adolphus, and Leslie Green. The Concept of Law. Edited by Joseph Raz and Penelope A. Bulloch. Oxford: Oxford University Press, 2012.

Hayek, F. A. The Constitution of Liberty: The Definitive Edition (The Collected Works of F. A. Hayek, Volume XVII). Edited by Ronald Hamowy. Chicago: University of Chicago Press, 1960, 2011.

Hayek, F. A. The Road to Serfdom. London: Routledge, 1944.

Kapur, Devesh and Mila Vaishnav, “Strengthening Rule of Law” In Getting India Back on Track: An Action Agenda for Reform, edited by Bibek Debroy, Ashley J. Tellis, and Reece Trevor, 247-263. Washington, DC: Carnegie Endowment for International Peace, 1994.

Mouffe, Chantal. Dimensions of Radical Democracy: Pluralism, Citizenship, Community. London: Verso, 1992.

North, Douglass C. Structure and Change in Economic History. New York: W. W. Norton and Company, 1981.

Rawls, John. Justice as Fairness: A Restatement. Cambridge: Harvard University Press, 2001.

Robinson, Nick, “Judicial Architecture and Capacity” In The Oxford Handbook of the Indian Constitution, edited by Sujit Choudhry, Madhav Khosla, and Pratap Bhanu Mehta, 330-348. Oxford: Oxford University Press, 2016.

Scanlon, Thomas. Why Does Inequality Matter? Oxford: Oxford University Press, 2018.

Smulovitz, Catalina, “How Can the Rule of Law Rule? Cost Imposition through Decentralized Mechanisms” In Democracy and the Rule of Law, edited by José Mariá Maravall and Adam Przeworski, 168-187. Cambridge: Cambridge University Press, 2003.

Sundar, Nandini. “The Rule of Law and Citizenship in Central India: Post-colonial Dilemmas.” Citizenship Studies 3-4 (2011): 419-432.