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

Administrative / Constitutional Law

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

By Janet McLean
Cambridge University Press July 2015

Specifications

ISBN-13
9781107536364
Publisher
Cambridge University Press
Publication
July 2015
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

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.

Table of Contents

Introduction
1. Searching for the state in the idea of the crown
2. From the state as official to the state as machine: the nineteenth-century development of bureaucracy
3. The state as sovereign and the state as corporation: Austin and Hart in political context
4. Civil society: the English fellowships and the state
5. The private life of the state: the crown and the public sphere
6. A public law without a state: the political commitments of the new administrative law
7. No rights against the state: government wrongdoing and the law
8. Privatisation, deregulation and reconceiving the state
9. (Human) rights against the state
10. Prospectus.
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