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Law, Liberty and State - Oakeshott, Hayek and Schmitt on the Rule of Law (Paperback)
Loot Price: R930
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Law, Liberty and State - Oakeshott, Hayek and Schmitt on the Rule of Law (Paperback)
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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.
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