Foundations of Public Law

Foundations of Public Law
Author :
Publisher : OUP Oxford
Total Pages : 528
Release :
ISBN-10 : 9780191648182
ISBN-13 : 0191648183
Rating : 4/5 (183 Downloads)

Book Synopsis Foundations of Public Law by : Martin Loughlin

Download or read book Foundations of Public Law written by Martin Loughlin and published by OUP Oxford. This book was released on 2012-09-27 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering. Public law today is a universal phenomenon, but its origins are European. Part I of the book examines the conditions of its formation, showing how much the concept borrowed from the refined debates of medieval jurists. Part II then examines the nature of public law. Drawing on a line of juristic inquiry that developed from the late sixteenth to the early nineteenth centuries-extending from Bodin, Althusius, Lipsius, Grotius, Hobbes, Spinoza, Locke and Pufendorf to the later works of Montesquieu, Rousseau, Kant, Fichte, Smith and Hegel-it presents an account of public law as a special type of political reason. The remaining three Parts unpack the core elements of this concept: state, constitution, and government. By taking this broad approach to the subject, Professor Loughlin shows how, rather than being viewed as a limitation on power, law is better conceived as a means by which public power is generated. And by explaining the way that these core elements of state, constitution, and government were shaped respectively by the technological, bourgeois, and disciplinary revolutions of the sixteenth century through to the nineteenth century, he reveals a concept of public law of considerable ambiguity, complexity and resilience.


Foundations of Public Law Related Books

Foundations of Public Law
Language: en
Pages: 528
Authors: Martin Loughlin
Categories: Law
Type: BOOK - Published: 2012-09-27 - Publisher: OUP Oxford

DOWNLOAD EBOOK

Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its
The Foundations and Future of Public Law
Language: en
Pages: 481
Authors: Elizabeth Fisher
Categories: Law
Type: BOOK - Published: 2020 - Publisher:

DOWNLOAD EBOOK

In this collection, leading figures in UK and EU public law address seismic changes the field and reflect upon the implications of these changes, the fundamenta
The Legal Foundations of Public Administration
Language: en
Pages: 386
Authors: Donald D. Barry
Categories: Law
Type: BOOK - Published: 2005 - Publisher: Rowman & Littlefield

DOWNLOAD EBOOK

The third edition of this highly respected textbook introduces students of public administration to the practical issues of administrative law. While useful to
International Law and the Use of Force
Language: en
Pages: 474
Authors: Christine D. Gray
Categories: Law
Type: BOOK - Published: 2008 - Publisher:

DOWNLOAD EBOOK

This book explores the whole of the large and controversial subject of the use of force in international law; it examines not only the use of force by states bu
The Idea of Public Law
Language: en
Pages: 188
Authors: Martin Loughlin
Categories: Law
Type: BOOK - Published: 2004 - Publisher: Oxford University Press, USA

DOWNLOAD EBOOK

This book offers an answer to the question: what is public law? It suggests that an adequate explanation can only be given once public law is recognized to be a