The Idea Of Public Law

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The Idea of Public Law

Author : Martin Loughlin
Publisher : Oxford University Press, USA
ISBN 13 : 9780199274727
Total Pages : 188 pages
Book Rating : 4.2/5 (747 download)

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Book Synopsis The Idea of Public Law by : Martin Loughlin

Download or read book The Idea of Public Law written by Martin Loughlin and published by Oxford University Press, USA. This book was released on 2004 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 an autonomous discipline, with its own distinctive methods and tasks. Martin Loughlin defends this claim by identifying the conceptual foundations of the public law in governing, politics, representation, sovereignty, constituent power, and rights. By explicating these basic elements of the subject, he seeks not only to lay bare its method but also to present a novel account of the idea of public law.Readership: Advanced students and scholars in public law; political theorists and students of political theory. Also the relatively small number of barristers and judges who specialise in public law.

Foundations of Public Law

Author : Martin Loughlin
Publisher : OUP Oxford
ISBN 13 : 0191648175
Total Pages : 528 pages
Book Rating : 4.1/5 (916 download)

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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.

The Law of Peoples

Author : John Rawls
Publisher : Harvard University Press
ISBN 13 : 0674266560
Total Pages : 208 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Law of Peoples by : John Rawls

Download or read book The Law of Peoples written by John Rawls and published by Harvard University Press. This book was released on 2001-03-02 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book consists of two parts: “The Law of Peoples,” a major reworking of a much shorter article by the same name published in 1993, and the essay “The Idea of Public Reason Revisited,” first published in 1997. Taken together, they are the culmination of more than fifty years of reflection on liberalism and on some of the most pressing problems of our times by John Rawls. “The Law of Peoples” extends the idea of a social contract to the Society of Peoples and lays out the general principles that can and should be accepted by both liberal and non-liberal societies as the standard for regulating their behavior toward one another. In particular, it draws a crucial distinction between basic human rights and the rights of each citizen of a liberal constitutional democracy. It explores the terms under which such a society may appropriately wage war against an “outlaw society” and discusses the moral grounds for rendering assistance to non-liberal societies burdened by unfavorable political and economic conditions. “The Idea of Public Reason Revisited” explains why the constraints of public reason, a concept first discussed in Political Liberalism (1993), are ones that holders of both religious and non-religious comprehensive views can reasonably endorse. It is Rawls’s most detailed account of how a modern constitutional democracy, based on a liberal political conception, could and would be viewed as legitimate by reasonable citizens who on religious, philosophical, or moral grounds do not themselves accept a liberal comprehensive doctrine—such as that of Kant, or Mill, or Rawls’s own “Justice as Fairness,” presented in A Theory of Justice (1971).

The Fundamental Concepts of Public Law

Author : Westel Woodbury Willoughby
Publisher :
ISBN 13 :
Total Pages : 530 pages
Book Rating : 4.X/5 (1 download)

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Book Synopsis The Fundamental Concepts of Public Law by : Westel Woodbury Willoughby

Download or read book The Fundamental Concepts of Public Law written by Westel Woodbury Willoughby and published by . This book was released on 1931 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Public Law and Political Theory

Author : Martin Loughlin
Publisher : OUP Oxford
ISBN 13 :
Total Pages : 312 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Public Law and Political Theory by : Martin Loughlin

Download or read book Public Law and Political Theory written by Martin Loughlin and published by OUP Oxford. This book was released on 1992 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of public law in the United Kingdom has been hampered for many years by an inadequate appreciation among scholars and students of the importance of understanding the different political theories which underpin different models of public law. This short and highly readable work offers students a straightforward introduction to the relationship between public law and political theory and helps them to comprehend the rich literature on both subjects.

Questioning the Foundations of Public Law

Author : Michael A Wilkinson
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911693
Total Pages : 321 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Questioning the Foundations of Public Law by : Michael A Wilkinson

Download or read book Questioning the Foundations of Public Law written by Michael A Wilkinson and published by Bloomsbury Publishing. This book was released on 2018-05-17 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2010, Martin Loughlin, Professor of Public Law at the LSE, published Foundations of Public Law, 'an account of the foundation of the discipline of public law with a view to identifying its essential character'. The book has become a landmark in the field, and it has been said, notably by one of its major critics, that it now provides the 'starting point' for any deeper inquiry into the subject. The purpose of this volume is to engage critically with Foundations – conceptually, comparatively and historically – from the viewpoints of public law, private law, political, social and legal theory, as well as jurisdictional perspectives including the UK, US, India, and Continental Europe. Scholars also consider the legacy and continuing relevance of Foundations in the light of developments in transnational law, global law and regional integration in the European Union.

The Oxford Handbook of the New Private Law

Author : Andrew S. Gold
Publisher : Oxford University Press, USA
ISBN 13 : 0190919663
Total Pages : 640 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis The Oxford Handbook of the New Private Law by : Andrew S. Gold

Download or read book The Oxford Handbook of the New Private Law written by Andrew S. Gold and published by Oxford University Press, USA. This book was released on 2020-11-06 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--

Public Law and Politics

Author : Stephen Tierney
Publisher : Routledge
ISBN 13 : 1351907727
Total Pages : 406 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Public Law and Politics by : Stephen Tierney

Download or read book Public Law and Politics written by Stephen Tierney and published by Routledge. This book was released on 2016-12-05 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a critical engagement with the function of public law and with constitutionalism in its political dimensions, this volume brings together the reflections of three leading constitutionalists: Martin Loughlin, James Tully and Frank Michelman. Comprising three critical commentaries on each, it addresses the multiple ways in which public law is implicated in the logic of rule. This operates on the one hand in maintaining and underwriting relative patterns of power and weakness through political structures and processes. On the other hand, public law is considered to contain the potential to redress these patterns through the use of constitutional authority, social and economic as well as civil and political rights, redistribution of political power, the expansion of territorial governance, and moves to supra-state levels of authority. The book reproduces, in a succinct and organized way, the insights into both the limitations and the potentialities of public law within its political setting.

Introduction to Public Law

Author : Elisabeth Zoller
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9047440471
Total Pages : 304 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Introduction to Public Law by : Elisabeth Zoller

Download or read book Introduction to Public Law written by Elisabeth Zoller and published by Martinus Nijhoff Publishers. This book was released on 2008-06-30 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to Public Law is a historical and comparative introduction to public law. The book traces back the origins of the res publica to Roman law and analyzes the course of its development, first during the monarchical age in continental Europe and England, and then during the republican age that began at the end of the eighteenth century with the democratic revolutions in the United States and France. For each period and country, the book analyzes the major concepts of public law and their transformations: sovereignty, the state, the statute, the separation of powers, the public interest, and administrative justice.

After Public Law

Author : Cormac Mac Amhlaigh
Publisher : OUP Oxford
ISBN 13 : 0191648000
Total Pages : 328 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis After Public Law by : Cormac Mac Amhlaigh

Download or read book After Public Law written by Cormac Mac Amhlaigh and published by OUP Oxford. This book was released on 2013-05-09 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of public law is one of loss. What function and future can public law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance? The contributions to this volume take stock of the idea, concepts, and values of public law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general. Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of public law, the nature of private law and the relationship between the public, the private, and the concept of law. The second part focuses on the domains, values, and functions of public law in contemporary (state) legal practice, as seen, in part, through its relationship with private domains, values, and functions. The final part engages with the new legal scholarship on global transformation, analysing the changes in public law at the national level, including the new forms of interpenetration of public and private in the market state, as well as exploring the ubiquitous use of public law values and concepts beyond the state.

The Cambridge Companion to Public Law

Author : Mark Elliott
Publisher : Cambridge University Press
ISBN 13 : 1107029759
Total Pages : 295 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Cambridge Companion to Public Law by : Mark Elliott

Download or read book The Cambridge Companion to Public Law written by Mark Elliott and published by Cambridge University Press. This book was released on 2015-08-21 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: A scholarly and accessible examination of key themes, debates and issues in contemporary public law by leading authorities on the subject.

Against Constitutionalism

Author : Martin Loughlin
Publisher : Harvard University Press
ISBN 13 : 0674268024
Total Pages : 273 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Against Constitutionalism by : Martin Loughlin

Download or read book Against Constitutionalism written by Martin Loughlin and published by Harvard University Press. This book was released on 2022-05-17 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.

The Max Planck Handbooks in European Public Law: Volume I: The Administrative State

Author : Sabino Cassese
Publisher : Oxford University Press
ISBN 13 : 0191039829
Total Pages : 705 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Max Planck Handbooks in European Public Law: Volume I: The Administrative State by : Sabino Cassese

Download or read book The Max Planck Handbooks in European Public Law: Volume I: The Administrative State written by Sabino Cassese and published by Oxford University Press. This book was released on 2017-07-25 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.

Political Jurisprudence

Author : Martin Loughlin
Publisher : Oxford University Press
ISBN 13 : 0198810229
Total Pages : 200 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Political Jurisprudence by : Martin Loughlin

Download or read book Political Jurisprudence written by Martin Loughlin and published by Oxford University Press. This book was released on 2017 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political jurisprudence is the branch of jurisprudence that treats law as an aspect of human experience called 'the political'. This is an approach that many contemporary jurists, those whose work presupposes the autonomy of legal order, tend to suppress. In this book, Martin Loughlin assesses the contribution made by political jurists and explains its contemporary significance. Political jurists maintain that the essential characteristics of modern legal order can only be revealed by considering how political authority is constituted. The political is orientated to the fact that people are organized into territorially-bounded units within which authoritative governing arrangements have been established, but the authority of this way of viewing the world is strengthened only through institution-building. Law may be an aspect of the political, but to perform its authority-generating functions effectively it must operate relatively autonomously. The political and the legal operate relationally, without one being reduced to the other. Loughlin introduces the rich literature of political jurisprudence through essays on innovative political jurists such as Hobbes, Burke, Constant, Romano, and Schmitt, and on such central themes as political right, institutionalism, constitutional legality, and reason of state. Building on his earlier books, The Idea of Public Law (OUP 2003) and Foundations of Public Law (OUP 2010), this collection extends his account of this influential strand of European legal thought.

Public Law

Author : John Stanton
Publisher :
ISBN 13 : 0198852274
Total Pages : 788 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Public Law by : John Stanton

Download or read book Public Law written by John Stanton and published by . This book was released on 2020-05-14 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fresh, modern, and practical, Public Law provides law undergraduates with a unique approach to constitutional and administrative law, aptly demonstrating why this is an exciting time to be studying the subject.Writing in a fluid, succinct style, the authors carve a logical pathway through the key areas studied on the LLB, guiding students to a solid understanding of the fundamental principles. This theoretical grounding is then rooted in reality, with each concept applied to a hypothetical scenario(included at the start of each chapter) to set it into a practical context.While this practical element helps students to understand how the law applies and develop problem-solving skills, a trio of supportive learning features also encourages active engagement with and a critical appreciation of public law. 'Key case' boxes highlight and analyse the significant case lawin each area; "Counterpoint" boxes flag alternative viewpoints and areas of debate; and "Pause for reflection" boxes prompt readers to consider the impact of laws, and what potential developments and reforms may lie ahead.Public Law's modern approach and unique combination of practical application and theoretically critical discussion makes it the ideal choice for students seeking to understand concepts not only in the abstract but in practice, helping them to develop the skills they need to succeed at university andbeyond.Online ResourcesThis title is supported by an online resources platform for students featuring guidance on approaching and analysing the real life scenarios in the book, a bank of multiple choice questions, legal updates, and links to useful material elsewhere on the web.

Why Law Matters

Author : Alon Harel
Publisher : Oxford University Press (UK)
ISBN 13 : 019964327X
Total Pages : 253 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Why Law Matters by : Alon Harel

Download or read book Why Law Matters written by Alon Harel and published by Oxford University Press (UK). This book was released on 2014-04 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.

Public Law and Political Theory

Author : Martin Loughlin
Publisher : OUP Oxford
ISBN 13 : 9780198762683
Total Pages : 292 pages
Book Rating : 4.7/5 (626 download)

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Book Synopsis Public Law and Political Theory by : Martin Loughlin

Download or read book Public Law and Political Theory written by Martin Loughlin and published by OUP Oxford. This book was released on 1992 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of public law in the United Kingdom has been hampered for many years by an inadequate appreciation among scholars and students of the importance of understanding the different political theories which underpin different models of public law. This short and highly readable work offers students a straightforward introduction to the relationship between public law and political theory and helps them to comprehend the rich literature on both subjects.