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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, 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.

This book features an enhanced, layflat binding, which allows the book to stay open more easily when placed on a flat surface. This special binding method-noticeable by a small space inside the spine-also increases durability. "[A] fantastically readable and endlessly fascinating book...Delicious, occasionally fantastical, revealing in ways that Downtown Abbey never was." (Rachel Cooke, Observer A Daily Telegraph Book of the Year). There is nothing quite as beautiful as an English country house in summer. And there has never been a summer quite like that Indian summer between the two world wars, a period of gentle decline in which the sun set slowly on the British Empire and the shadows lengthened on the lawns of a thousand stately homes. Real life in the country house during the 1920s and 1930s was not always so sunny. By turns opulent and ordinary, noble and vicious, its shadows were darker. In the Long Weekend, Adrian Tinniswood uncovers the truth Foundations of Public Law free epub about a world half-forgotten, draped in myth and hidden behind stiff upper lips and film-star smiles. Drawing on hundreds of memoirs, on unpublished letters and diaries, on the eye-witness testimonies of belted earls and unhappy heiresses and bullying butlers, the Long Weekend gives a voice to the people who inhabited this world.

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Author: Professor of Law Martin Loughlin
Number of Pages: 528 pages
Published Date: 05 Dec 2012
Publisher: Oxford University Press
Publication Country: Oxford, United Kingdom
Language: English
ISBN: 9780199669462
Download Link: Click Here
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