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Political Jurisprudence (Hardcover)
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Political Jurisprudence (Hardcover)
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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.
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