Political Jurisprudence 1st edition by Martin Loughlin 019253839X 9780192538390

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ISBN-10 :  019253839X 

ISBN-13 :  9780192538390

Author : Martin Loughlin 

Political jurisprudence is the branch of jurisprudence that treats law as an aspect of human experience called ‘the political’. This is an approach that many contemporary jurists, those whose work presupposes the autonomy of legal order, tend to suppress. In this book, Martin Loughlin assesses the contribution made by political jurists and explains its contemporary significance. Political jurists maintain that the essential characteristics of modern legal order can only be revealed by considering how political authority is constituted. The political is orientated to the fact that people are organized into territorially-bounded units within which authoritative governing arrangements have been established, but the authority of this way of viewing the world is strengthened only through institution-building. Law may be an aspect of the political, but to perform its authority-generating functions effectively it must operate relatively autonomously. The political and the legal operate relationally, without one being reduced to the other. Loughlin introduces the rich literature of political jurisprudence through essays on innovative political jurists such as Hobbes, Burke, Constant, Romano, and Schmitt, and on such central themes as political right, institutionalism, constitutional legality, and reason of state. Building on his earlier books, The Idea of Public Law (OUP 2003) and Foundations of Public Law (OUP 2010), this collection extends his account of this influential strand of European legal thought.

Political Jurisprudence 1st Table of contents:

1. Public Law as Political Jurisprudence
I. Introduction
II. Natural Law Transformed
III. Bodin’s Concept of Fundamental Law
IV. Rousseau’s Concept of Political Right
V. The Modern Science of Public Law
2. The Political Jurisprudence of Thomas Hobbes
I. Introduction
II. Political Jurisprudence
III. Hobbes on Law
IV. Natural Right
V. Natural Law
VI. Natural Law and Civil Law
VII. Hobbes’ Political Jurisprudence
3. Leveller Legacies
I. Introduction
II. The Ideological Context of the English Revolution
III. The Formation of the Levellers
IV. The Course of the Leveller Movement
V. Leveller Constitutional Thought
VI. Leveller Principles and British Practice
VII. Conclusion
4. Burke on Law, Revolution, and Constitution
I. Introduction
II. Constitution
III. Rights, Reform, and Revolution
IV. The Revolution in France
V. Revolutions Contrasted
VI. Law
VII. Conclusion
5. Droit Politique
I. Introduction
II. The Concept of Droit Politique
III. Origins
IV. Droit Politique in Enlightenment Thought
V. The Revolution in France
VI. The Jacobin Discourse of Natural Right
VII. The Constitutional Question
VIII. The Impact of Positivism and the Growth of Social Science
IX. Post-War Legacies
X. Jacobinism Revived?
XI. Droit Politique as Symbolic Order
XII. Conclusion
6. Law as Institution
I. Introduction
II. Intellectual context
III. Hauriou’s Institutional Theory
IV. Romano’s Institutional Theory of Law
V. Institutionalism’s Uncertain Legacy
VI. Institutional Theory as a Type of Political Jurisprudence
7. Politonomy
I. Introduction
II. Schmitt the Jurist
III. State Theory
IV. The Law of the Political
V. Institutionalism
VI. Nomos
VII. Schmitt’s Contribution to Politonomy
VIII. Conclusion
8. Reason of State/State of Reason
I. Introduction
II. The Origins of Reason of State
III. The Doctrine of Reason of State
IV. State of Reason
V. The Machtstaat as Modern Reason of State
VI. The Constitutional Reason of State
VII. Reason of the Constitutional State
VIII. Conclusion

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Tags: Political Jurisprudence, Martin Loughlin, human experience, political authority, The political