Political Jurisprudence
- ISBN-10
- 0198810229
- ISBN-13
- 9780198810223
- Category
- Law
- Pages
- 224
- Language
- English
- Published
- 2017-12-07
- Publisher
- Oxford University Press
- Author
- Martin Loughlin
Description
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 assessesthe 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 governingarrangements 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 andthe 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 hisearlier 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.
Get the book
Other editions
Similar books
-
The Politics of Jurisprudence: A Critical Introduction to Legal Philosophy
By Roger B. M. Cotterrellbeen suggested that Austin's five years of army service coloured his parade - ground view of law as negatively sanctioned command ( cf. Rumble l985 : l2-3 ) . But , as will be argued later , a more satisfactory explanation of Austin's ...
-
Natural Law in Jurisprudence and Politics
By Mark C. MurphyIn this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its ...
-
On Law, Politics, and Judicialization
By Alec Stone Sweet, Martin ShapiroWritten for a broad, scholarly audience, the book is also recommended for use in graduate and advancedundergraduate courses in law and the social sciences.
-
The American Revolution In the Law: Anglo-American Jurisprudence before John Marshall
By Shannon C. StimsonI, p. 336. Law Practice, vol. I, p. 354. Law Practice, vol. I, p. 375. Law Practice, vol. I, p. 358. Federalist no. 22. Law Practice, vol. I, p. 357. Law Practice, vol. I, p. 415. New York Assembly Journal, 8th assembly, 1st meeting (4 ...
-
The Politics of Jurisprudence: A Critical Introduction to Legal Philosophy
By Roger CotterrellThis text explores what jurisprudence is about, what it seeks to do and how. The book considers how the conclusions of jurisprudence can be brought to bear on everyday problems of legal practice and major social, moral or political issues.
-
Essays on Bentham: Studies in Jurisprudence and Political Theory
By Herbert Lionel Adolphus HartIn his introduction Professor Hart offers both an exposition and a critical assesment of some central issues in jurisprudence and political theory. Essay themes include Bentham's identification of the forms...
-
The Ninth Amendment and the Politics of Creative Jurisprudence: Disparaging the Fundamental Right of Popular Control
By Marshall DeRosaIn this volume, Marshall DeRosa provides a thorough analysis of Supreme Court unenumerated rights policy and offers suggestions toward reestablishing American federalism as envisioned by the framers of the Constitution.
-
Human Jurisprudence: Public Law as Political Science
By Glendon SchubertThis book provides a rare view of a creative scholar at work during a highly productive phase of his career.
-
Essays on Bentham: Jurisprudence and Political Philosophy
By H. L. A. HartIn his introduction Professor Hart offers both an exposition and a critical assesment of some central issues in jurisprudence and political theory.
-
Defining Civil and Political Rights: The Jurisprudence of the United Nations Human Rights Committee
By Alex Conte, Richard Burchill... Communication 518/1992 52, 98 Solís v Peru, Communication 1016/2001 98, 108 Sooklal v Trinidad and Tobago, Communication 928/2000 140, 141, 195, 197 Soto et al v Australia, Communication 1429/2005 137 Spakmo v Table of Cases xxv.