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This volume argues that public law must be treated as a special, indeed autonomous, subject and that the root cause of many of the difficulties and controversies that have arisen within both contemporary jurisprudence and also in the practice of public law have arisen because this argument has been neglected, and even suppressed.The author defends this claim by explicating the idea of public law, particularly as it has evolved in modern European thought. The volume provides an account of the juristic significance of political thought such as the work of Bodin, Hobbes, Locke, Pufendorf, in addition to a variety of modern scholars. Loughlin argues that the basic building blocks of the subject are those of governing, politics, representation, sovereignty, constituent power, and rights. Through an elaboration of these foundational concepts, he explores the nature and method of public law, and offers a novel account of the idea of public law.
This volume investigates the core question of whether public law constitutes an autonomous subject of study, distinct from private law and general political theory. Martin Loughlin, a prominent legal scholar, utilizes historical analysis and juristic inquiry to challenge the modern tendency to conflate public law with other legal disciplines. He argues that the neglect of public law's unique conceptual framework has led to significant confusion in contemporary jurisprudence and governance. By re-examining the intellectual history of the field, the author seeks to re-establish the foundational importance of public law as a distinct intellectual enterprise.
What You Will Find
Legal scholars and political theorists frequently cite this work as a significant contribution to the understanding of constitutional foundations. Readers often note the academic density of the prose, which requires a strong background in legal philosophy to fully appreciate the author's arguments.
Page Count:
200
Publication Date:
2004-02-26
Publisher:
Oxford University Press
ISBN-10:
0199267235
ISBN-13:
9780199267231
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