Bob Fine, 'Democracy and the Rule of Law: Liberal Ideals and Marxist Critiques' (Book Review)

Abstract

Bob Fine's analysis of the idea of the rule of law starts in discontent. His disagreement is with two polar perspectives in contemporary Marxist thought on the question of Marxism's relationship to liberalism, particularly the ideology of the latter on the question of the coherence of the liberal conception of the rule of law. The first of these views sees Marxism as compatible with - perhaps even an extension of - liberalism on questions of legality and democracy. In other words, to be faithful to Marxism, socialist thought need not jettison a recognition and appreciation of liberal principles and the idea of the rule of law. Instead of opposing liberal ideals, Marxists can, without sacrificing ideological integrity, incorporate liberal notions of equality and justice within the framework of a Marxist jurisprudence.