Searching for the State in British Legal Thought Competing Conceptions of the Public Sphere

Author: Professor Janet McLeanc
Publisher: Cambridge University Press
ISBN: 9781107022485
Published In: October 2012
Format: Hardback , 352 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Janet McLean explores how the common law has personified the state and how those personifications affect and reflect the state's relationship to bureaucracy, sovereignty and civil society, the development of public law norms, the expansion and contraction of the public sphere with nationalization and privatization, state responsibility and human rights. Treating legal thought as a variety of political thought, she discusses writers such as Austin, Maitland, Dicey, Laski, Robson, Hart, Griffith, Mitchell and Hayek in the context of both legal doctrine and broader intellectual movements.

• Sets jurisprudential debates in a wider social, political and historical context, thereby providing more than just an analytical account of the subject • Provides modern public lawyers with both an historical and a political perspective • Treats legal thought as a variety of political thought, thus offering modern scholars of political thought a legal perspective which is frequently missing

Acknowledgements	viii
1. Searching for the state	1
2. From state as official to state as machine: unifying political will	19
3. Sovereign, state and corporation: political theory and analytical jurisprudence	52
4. Civil society: the English fellowships, the state and the origins of welfare	90
5. The private life of the state: the Crown and the public sphere	131
6. Public law without a state: the new administrative justice	165
7. No rights against the state: government wrong-doing and the common law	204
8. Privatization, deregulation and reconceiving the state	241
9. Rights against the state	278
Epilogue	309
Select bibliography	311
Index	329