After Public Law
Series: Oxford Constitutional Theory;
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Product details:
- Publisher OUP Oxford
- Date of Publication 9 May 2013
- ISBN 9780199669318
- Binding Hardback
- No. of pages328 pages
- Size 240x161x26 mm
- Weight 642 g
- Language English 0
Categories
Short description:
The rapidly transforming legal landscape calls into question the conceptual and value structures modern concepts of public law are built upon. Examining the nature and scope of public law, this volume casts new light on the contemporary and future status of public law, asking what might come after public law in a global legal world.
MoreLong description:
Public law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of public law is one of loss. What function and future can public law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance?
The contributions to this volume take stock of the idea, concepts, and values of public law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general.
Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of public law, the nature of private law and the relationship between the public, the private, and the concept of law. The second part focuses on the domains, values, and functions of public law in contemporary (state) legal practice, as seen, in part, through its relationship with private domains, values, and functions. The final part engages with the new legal scholarship on global transformation, analysing the changes in public law at the national level, including the new forms of interpenetration of public and private in the market state, as well as exploring the ubiquitous use of public law values and concepts beyond the state.
This explorative volume brings together scholars to map the domain of public law and, despite its epigrammatic title, it is a towering intellectual contribution to the dynamism of public law.
Table of Contents:
Introduction
Part One: The Nature of Public and Private Law
The Nature of Public Law
Public Law and the Emergence of the Political
Private and Public: Some Banalities About a Platitude
The Public, the Private, and the Law
Part Two: The Domain, Values, and Functions of Public Law
Defending the Domain of Public Law
Public Law and Democracy: The Case of Constitutional Rights
The Nation as 'The Public': The Resilient Functionalism of Public Law
Public Law, Private Law, and National Identity
Part Three: The Evolution of Public Law?
Globalization and the Transcendence of the Public/Private Divide - What is Public Law under Conditions of Globalization?
(The Failure of) Public law and the Deliberative Turn
The Postnational Horizon of Constitutionalism and Public Law: Paradigm Extension or Paradigm Exhaustion?
The Global Governance of Public Law
The (re)Constitution of the Public