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Law, Liberty and State

Law, Liberty and State

Oakeshott, Hayek and Schmitt on the Rule of Law

by Thomas Poole and David Dyzenhaus
Hardback
Publication Date: 28/05/2015

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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.
ISBN:
9781107093386
9781107093386
Category:
Jurisprudence & philosophy of law
Format:
Hardback
Publication Date:
28-05-2015
Publisher:
Cambridge University Press
Country of origin:
United Kingdom
Pages:
350
Dimensions (mm):
235x160x26mm
Weight:
0.64kg

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