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

Format:

Book

Contributor:

Dyzenhaus, David, editor.

Poole, Thomas (Thomas M.), editor.

Language:

English

Subjects (All):

Oakeshott, Michael, 1901-1990.

Oakeshott, Michael.

Hayek, Friedrich A. von (Friedrich August), 1899-1992.

Hayek, Friedrich A. von.

Schmitt, Carl, 1888-1985.

Schmitt, Carl.

Rule of law.

Physical Description:

1 online resource (viii, 340 pages) : digital, PDF file(s)

Other Title:

Law, Liberty & State

Place of Publication:

Cambridge : Cambridge University Press, 2015.

System Details:

text file

PDF

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.

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.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781316144930

Access Restriction:

Restricted for use by site license.