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  3. Law, Liberty and State
  • Cited by 4
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    • Publisher:
      Cambridge University Press
      Publication date:
      05 June 2015
      28 May 2015
      ISBN:
      9781316144930
      9781107093386
      9781107472273
      DOI:
      https://doi.org/10.1017/CBO9781316144930
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.64kg, 350 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.51kg, 350 Pages
      • Subjects:
      Political Theory, Law, Politics and International Relations, Jurisprudence
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    Subjects:
    Political Theory, Law, Politics and International Relations, Jurisprudence
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    Book description

    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.

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