OXFORD UNIVERSITY PRESS

Foundations of Public Law

ISBN : 9780199256853

参考価格(税込): 
¥19,173
著者: 
Martin Loughlin
ページ
528 ページ
フォーマット
Hardcover
サイズ
163 x 237 mm
刊行日
2010年06月
メール送信
印刷

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.

目次: 

Introduction: Rediscovering Public Law
PART I: ORIGINS
1. Medieval Origins
2. The Birth of Public Law
PART II: FORMATION
3. The Architecture of Public Law
4. The Science of Political Right: I
5. The Science of Political Right: II
6. Political Jurisprudence
PART III: STATE
7. The Concept of the State
8. The Constitution of the State
9. State Formation
PART IV: CONSTITUTION
10. The Constitutional Contract
11. Rechtsstaat, Rule of Law, L'Etat de droit
12. Constitutional Rights
PART V: GOVERNMENT
13. The Prerogatives of Government
14. Potentia
15. The New Architecture of Public Law

著者について: 

Martin Loughlin is Professor of Public Law at the London School of Economics & Political Science. His publications include Public Law and Political Theory (OUP, 1992), Legality and Locality: The Role of Law in Central-Local Government Relations (OUP, 1996), Sword and Scales: An Examination of the Relationship between Law & Politics (Hart Publishing, 2000), and The Idea of Public Law (OUP, 2003).

このページに掲載の「参考価格」は日本国内における希望小売価格です。当ウェブサイトでのご購入に対して特別価格が適用される場合、販売価格は「割引価格」として表示されます。なお、価格は予告なく変更されることがございますので、あらかじめご了承ください。