Searching for the State in British Legal Thought

Others

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

By Professor Janet McLeanc
Cambridge University Press October 2012

Specifications

ISBN-13
9781107022485
Publisher
Cambridge University Press
Publication
October 2012
Format
Hardback , 352 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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

Table of Contents

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

About the Author

Professor Janet McLean
University of Dundee

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