Title Law, liberty and state : Oakeshott, Hayek and Schmitt on the rule of law / edited by David Dyzenhaus and Thomas Poole

Published Cambridge, United Kingdom : Cambridge University Press, 2015

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Description 1 online resource Contents 1. Introduction / David Dyzenhaus and Thomas Poole -- 2. The mystery of the state : state-concept, state-theory and state making in Schmitt and Oakeshott / Nehal Bhuta -- 3. Law as concrete order : Schmitt and the problem of collective freedom / Hans Lindahl -- 4. Nomos / Martin Loughlin -- 5. Carl Schmitt's defence of sovereignty / Lars Vinx -- 6. Schmitt, Oakeshott and the Hobbesian legacy in the crisis of our times / David Boucher -- 7. The mystery of lawlessness : war, law, and the modern state / Thomas Poole -- 8. Reconfiguring reason of state in response to political crisis / Duncan Kelly -- 9. The rules of the game : stochastic rationality in Oakeshott's rule-of-law theory / Erika A. Kiss -- 10. Dreaming the rule of law / David Dyzenhaus -- 11. What, if anything, is wrong with Hayek's model constitution? / Jan-Werner Müller -- 12. Hayek and the state / Chandran Kukathas -- 13. Local and global knowledge in the administrative state / Adrian Vermeule Summary "Oakeshott, Hayek and Schmitt are associated with a conservative reaction to the 'progressive' forces of the twentieth century. Each was an acute analyst of the juristic form of the modern state and the relationship of that form to the idea of liberty under a system of public, general law. Hayek had the highest regard for Schmitt's understanding of the rule of law state despite Schmitt's hostility to it, and he owed the distinction he drew in his own work between a purpose-governed form of state and a law-governed form to Oakeshott. However, the three have until now rarely been considered together, something which will be ever more apparent as political theorists, lawyers and theorists of international relations turn to the foundational texts of twentieth-century thought at a time when debate about liberal democratic theory might appear to have run out of steam"-- Provided by publisher Bibliography Includes bibliographical references and index Notes Print version record Subject Oakeshott, Michael, 1901-1990. Hayek, Friedrich A. von (Friedrich August), 1899-1992. Schmitt, Carl, 1888-1985. SUBJECT Hayek, Friedrich A. von (Friedrich August), 1899-1992 fast Oakeshott, Michael, 1901-1990 fast Schmitt, Carl, 1888-1985 fast Subject Rule of law. LAW -- Jurisprudence. LAW -- Essays. LAW -- General Practice. LAW -- Paralegals & Paralegalism. LAW -- Practical Guides. LAW -- Reference. Rule of law Form Electronic book Author Dyzenhaus, David, editor. Poole, Thomas (Thomas M.), editor. ISBN 9781316320419 1316320413 9781316144930 1316144933

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