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TitlePublic law and political theory
Author Martin Loughlin
Imprint Oxford : Clarendon Press, 1992
Descript xii, 292 p. ; 23 cm


1: Public Law and the Scientific Quest. The Distinctiveness of Public Law. The Science of Legislation. The Analytical Method in Public Law. The Rise of Formalism. Only Connect... -- 2: Public Law and Political Theory. The Death and Rebirth of Political Theory. The Rebirth of Political Theory and the Study of Public Law. The Value of Political Theory. Theories as Maps. The Journey -- 3: Interpretation in Public Law. The Common Law Mind and the Order of Things. Public Law Teaching and the Common Law Mind. The Fact-Value Distinction. Theory and Practice. The Interpretative Approach -- 4: The Structures of Public Law Thought. Styles of Public Law Thought. The Ideal Types of Normativism and Functionalism. Stages in Understanding Public Law Thought -- 5: Foundations of Normativism. The Conservative Dimension. Oakeshott and political thought. Epistemological foundations of political thought. Rationalism in politics. Government and law. The State. Oakeshott and conservatism. The value of Oakeshott's political theory. The Liberal Dimension. Hayek and political thought. Epistemological foundations of Hayek's thought. Law and government. Conservatism or liberalism? The liberal ideal of constitutionalism. Hayek and liberalism. Tensions within liberalism. The Character of Normativism -- 6: Foundations of Functionalism. Sociological Positivism. Comte's thought. The contribution of Durkheim. Duguit on government and law. The French tradition of sociological positivism. Evolutionary Social Theory. Spencer and evolutionary theory. Fabianism. New liberalism. Evolutionary theory and collectivism. Pragmatism. Beyond empiricist epistemology. The work of Dewey. The American legal realist movement. The value of pragmatism. The Character of Functionalism -- 7: Traditions of Public Law Thought. The Dominant Tradition in Public Law. Dicey's Theory of Public Law. Sovereignty, democracy, and law. Continuity and change within Dicey's theory. The frailty of Dicey's theory. Dicey and the shaping of the dominant tradition. Dicey and His Times. The Normativist Challenge. The Functionalist Response. The challenge to Dicey's theory. The functionalist style. Networks and linkages. The Growth of Administrative Law -- 8: Contemporary Thought in Public Law. Normativism: The Conservative Variant. The Varieties of Functionalism. Functionalism: an idealist variant. Functionalism: an empiricist variant. Functionalism: a contemporary perspective. Functionalist thought. The Emergence of the Liberal Variant of Normativism -- 9: The Triumph of Liberal Normativism? Conservatives and Liberal Normativism. Socialists and Liberal Normativism. The Movement for Constitutional Reform. One Step Forward, Two Steps Backwards? Philosophy and liberal democracy. Social democracy and politics. The triumph of liberal normativism -- 10: Public Law in the Face of the Future. The Crisis in Public Law Thought. Mapping the Landscape. Revitalizing the Functionalist Style. Public Law and Legal Theory. The Widening Gyre. Facing the Future

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