Questioning the Foundations of Public Law [electronic resource].

Wilkinson, Michael A.
London : Bloomsbury Publishing PLC, 2018.
1 online resource (321 pages)

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Public law.
Public law. Political aspects.
Electronic books.
Intro; Acknowledgements; Table of Contents; Contributors; Part I: Introducing the Foundations of Public Law; 1. Questioning the Foundations of Public Law and Questioning Foundations of Public law; I. Introduction; II. Law and Politics; III. The Evolution of the Modern State; IV. Continuity and Critique; 2. Political Jurisprudence; I. Introduction; II. Schools of Jurisprudence; III. The Nature of the Inquiry; IV. The Political Domain; V. The State; VI. Power and Authority; VII. Constitution; VIII. The Logic of Political Jurisprudence; IX. Conclusion; Part II: The Methodological Critique.
3. Questioning a Uniform Concept of Public LawI. Introduction; II. A Preliminary Digression on Goldsmith and Levinson; III. The Autonomy of Public Law; IV. Relating a Science of Political Right to Public Law; V. The Grammar of Public Law; VI. Why the Juristic Turn?; 4. The Tragic Politics of Public Law; I. Introduction; II. 'The Whirlwind of Rights'; III. The Polemical Intervention; IV. Tragic Metapolitics; 5. Immanence and Irreconcilability: On the Character of Public Law as Political Jurisprudence; I. Introduction; II. Taking Religion Seriously: Political Jurisprudence as Secular.
III. Autonomy and AmbivalenceIV. Taking Legalism Seriously: Political Jurisprudence as Law; V. Taking Exteriority Seriously: Public Law as Immanent?; VI. Ritual and 'In-between' Spaces; VII. Conclusion; Part III: The Normative Critique; 6. Concrete Order Formation or Rational Will Formation? Constituent Power as the Ratio of Voluntas; I. The Dialectic of Potestas and Potentia; II. Nomos and the Genealogy of Political Power; III. The Social Origin of Political Power; IV. Secularisation, Sovereignty and Rationality; V. Constituent Power, Ratio and Voluntas.
VI. The Radical Democratic Reading of Constituent Power7. Private Law, Potentia and the Ethical: On What Justification Does the State Coercively Tax its Subjects in Order to Build Bridges, Fund the BBC, and Subsidise Charities?; I. Introduction; II. Loughlin on Societas, Universitas, Potestas and Potentia; III. Kant on Private Right and the Foundations of the State; IV. Raz on the Rights of Citizens and the Justification of the State; V. Potestas and Potentia, and the Moral and the Ethical; VI. Justifying Potentia and the Ethical in Politics; VII. Conclusion.
8. A Conventional Narrative: The Rhetorical Shape of Foundations of Public LawI. Introduction: A Conventional Narrative; II. The Early Modern Discovery of the Idea of the State; III. The Liberal Idea of the State; IV. The Twentieth Century State-The Narrative of 'the Triumph of the Social' and the Displacement of Political Right by Regulatory Power; V. Conclusion; 9. Foundations of Public Law and Postnational Constitutionalism; I. Introduction; II. What Would Count as Evidence of an Underlying Shift?; III. On Whom Lies the Burden to Imagine and Chart the Future? Part IV: The Material Critique.
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Dowdle, Michael W.
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Print version: Wilkinson, Michael A. Questioning the Foundations of Public Law.
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