The Idea of the Rule of Law in the Anglo-American Legal Tradition: Leftist Critique

The article presents a comprehensive analysis of the evolution of the leftist critique of the idea of the rule of law within the Anglo-American intellectual tradition. The author constructs a coherent picture of the discourse's transformation: from a moderate approach that views formal rule of law as an “unqualified human good” and a necessary barrier against despotism, to its radical denial of neutrality. The work scrutinizes the assertion that law serves as an instrument for legitimizing the capitalist order and oppression (M. Horwitz, M. Mandel). Particular emphasis is placed on the contemporary “decolonial turn” in critical jurisprudence, which exposes the ideological and violent nature of legal procedures, their connection to colonial legacy and global inequality (J. Desautels-Stein, J. Martel). The author concludes that the rule of law is not a static ideal but a field of ideological struggle requiring radical rethinking. Overcoming conceptual diffusion and methodological crisis is seen in shifting the focus from defending the existing status quo towards transforming law into an instrument of social justice and emancipation.