Law, Liberty and State

Oakeshott, Hayek and Schmitt on the Rule of Law

Nonfiction, Reference & Language, Law, Jurisprudence, Social & Cultural Studies, Political Science
Cover of the book Law, Liberty and State by , Cambridge University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9781316289754
Publisher: Cambridge University Press Publication: May 28, 2015
Imprint: Cambridge University Press Language: English
Author:
ISBN: 9781316289754
Publisher: Cambridge University Press
Publication: May 28, 2015
Imprint: Cambridge University Press
Language: English

Oakeshott, Hayek and Schmitt are associated with a conservative reaction to the 'progressive' forces of the twentieth century. Each was an acute analyst of the juristic form of the modern state and the relationship of that form to the idea of liberty under a system of public, general law. Hayek had the highest regard for Schmitt's understanding of the rule of law state despite Schmitt's hostility to it, and he owed the distinction he drew in his own work between a purpose-governed form of state and a law-governed form to Oakeshott. However, the three have until now rarely been considered together, something which will be ever more apparent as political theorists, lawyers and theorists of international relations turn to the foundational texts of twentieth-century thought at a time when debate about liberal democratic theory might appear to have run out of steam.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Oakeshott, Hayek and Schmitt are associated with a conservative reaction to the 'progressive' forces of the twentieth century. Each was an acute analyst of the juristic form of the modern state and the relationship of that form to the idea of liberty under a system of public, general law. Hayek had the highest regard for Schmitt's understanding of the rule of law state despite Schmitt's hostility to it, and he owed the distinction he drew in his own work between a purpose-governed form of state and a law-governed form to Oakeshott. However, the three have until now rarely been considered together, something which will be ever more apparent as political theorists, lawyers and theorists of international relations turn to the foundational texts of twentieth-century thought at a time when debate about liberal democratic theory might appear to have run out of steam.

More books from Cambridge University Press

Cover of the book Direct Action, Deliberation, and Diffusion by
Cover of the book Hegel on Second Nature in Ethical Life by
Cover of the book Nurturing Creativity in the Classroom by
Cover of the book Structural Information Theory by
Cover of the book The Surprising Mathematics of Longest Increasing Subsequences by
Cover of the book The Text Mining Handbook by
Cover of the book The Shakespearean Forest by
Cover of the book Ocean Engineering Mechanics by
Cover of the book Engaging with Social Work by
Cover of the book Singapore English by
Cover of the book On the Origin of Products by
Cover of the book Women on the Run by
Cover of the book Ridge Functions by
Cover of the book Sexuality in the Babylonian Talmud by
Cover of the book The Burdens of Proof by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy