Handbook on the Rule of Law
Show Less

Handbook on the Rule of Law

Edited by Christopher May and Adam Winchester

The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 11: The rule of law and the rise of capitalism

Tor Krever


This chapter considers the relationship between the rule of law and the rise of capitalism, tracing the development and insights of two prominent theoretical traditions. One tradition is rooted in the social theory of Max Weber and his work on legal rationality as a prerequisite for capitalist markets. This neo-Weberian tradition, the chapter argues, encompasses the modernization theories of Talcott Parsons and the Law and Development movement, as well as contemporary theories of ‘good governance’ now dominant in the major international financial institutions. The other tradition discussed in the chapter is associated with the work of Karl Marx and his insights on law and its roots in capitalist social relations. The chapter identifies two prominent strands within this tradition, one emphasizing class struggle in the shaping of a capitalist rule of law, and the other tracing the very legal form itself to the rise of capitalism.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.