Law, liberty and state : Oakeshott, Hayek and Schmitt on the rule of law / edited by David Dyzenhaus and Thomas Poole.

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Material type: Text

TextPublisher: Cambridge, United Kingdom : Cambridge University Press, 2015Description: 1 online resourceContent type:

text

Media type:

computer

Carrier type:

online resource

ISBN:

9781316320419
1316320413
9781316144930
1316144933

Subject(s): Genre/Form:

Additional physical formats: Print version:: Law, liberty and stateDDC classification:

340/.11 23

LOC classification:

K3171 .L395 2015eb

Other classification:

LAW052000

Online resources:

Click here to access online

Contents:

1. Introduction / David Dyzenhaus and Thomas Poole -- 2. The mystery of the state : state-concept, state-theory and state making in Schmitt and Oakeshott / Nehal Bhuta -- 3. Law as concrete order : Schmitt and the problem of collective freedom / Hans Lindahl -- 4. Nomos / Martin Loughlin -- 5. Carl Schmitt's defence of sovereignty / Lars Vinx -- 6. Schmitt, Oakeshott and the Hobbesian legacy in the crisis of our times / David Boucher -- 7. The mystery of lawlessness : war, law, and the modern state / Thomas Poole -- 8. Reconfiguring reason of state in response to political crisis / Duncan Kelly -- 9. The rules of the game : stochastic rationality in Oakeshott's rule-of-law theory / Erika A. Kiss -- 10. Dreaming the rule of law / David Dyzenhaus -- 11. What, if anything, is wrong with Hayek's model constitution? / Jan-Werner Müller -- 12. Hayek and the state / Chandran Kukathas -- 13. Local and global knowledge in the administrative state / Adrian Vermeule.

Summary: "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"-- Provided by publisher

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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"-- Provided by publisher