دانلود کتاب Questioning the Foundations of Public Law

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Acknowledgements\nTable of Contents\nContributors\nPart I: Introducing the Foundations of Public Law\n 1. Questioning the Foundations of Public Law and Questioning Foundations of Public law\n I. Introduction\n II. Law and Politics\n III. The Evolution of the Modern State\n IV. Continuity and Critique\n 2. Political Jurisprudence\n I. Introduction\n II. Schools of Jurisprudence\n III. The Nature of the Inquiry\n IV. The Political Domain\n V. The State\n VI. Power and Authority\n VII. Constitution\n VIII. The Logic of Political Jurisprudence\n IX. Conclusion\nPart II: The Methodological Critique\n 3. Questioning a Uniform Concept of Public Law\n I. Introduction\n II. A Preliminary Digression on Goldsmith and Levinson\n III. The Autonomy of Public Law\n IV. Relating a Science of Political Right to Public Law\n V. The Grammar of Public Law\n VI. Why the Juristic Turn?\n 4. The Tragic Politics of Public Law\n I. Introduction\n II. \'The Whirlwind of Rights\'\n III. The Polemical Intervention\n IV. Tragic Metapolitics\n 5. Immanence and Irreconcilability: On the Character of Public Law as Political Jurisprudence\n I. Introduction\n II. Taking Religion Seriously: Political Jurisprudence as Secular\n III. Autonomy and Ambivalence\n IV. Taking Legalism Seriously: Political Jurisprudence as Law\n V. Taking Exteriority Seriously: Public Law as Immanent?\n VI. Ritual and \'In-between\' Spaces\n VII. Conclusion\nPart III: The Normative Critique\n 6. Concrete Order Formation or Rational Will Formation? Constituent Power as the Ratio of Voluntas\n I. The Dialectic of Potestas and Potentia\n II. Nomos and the Genealogy of Political Power\n III. The Social Origin of Political Power\n IV. Secularisation, Sovereignty and Rationality\n V. Constituent Power, Ratio and Voluntas\n VI. The Radical Democratic Reading of Constituent Power\n 7. 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?\n I. Introduction\n II. Loughlin on Societas, Universitas, Potestas and Potentia\n III. Kant on Private Right and the Foundations of the State\n IV. Raz on the Rights of Citizens and the Justification of the State\n V. Potestas and Potentia, and the Moral and the Ethical\n VI. Justifying Potentia and the Ethical in Politics\n VII. Conclusion\n 8. A Conventional Narrative: The Rhetorical Shape of Foundations of Public Law\n I. Introduction: A Conventional Narrative\n II. The Early Modern Discovery of the Idea of the State\n III. The Liberal Idea of the State\n IV. The Twentieth Century State—The Narrative of \'the Triumph of the Social\' and the Displacement of Political Right by Regulatory Power\n V. Conclusion\n 9. Foundations of Public Law and Postnational Constitutionalism\n I. Introduction\n II. What Would Count as Evidence of an Underlying Shift?\n III. On Whom Lies the Burden to Imagine and Chart the Future?\nPart IV: The Material Critique\n 10. Putting Public Law in its Place: State-Theoretical Comments on Foundations of Public Law\n I. Introduction\n II. Seven Approaches to the Analysis of the State\n III. Conceptual History and its Limitations\n IV. Beyond Allgemeine Staatslehre\n V. Public Law, the Multi-Dimensionality of the State and Substantive Crisis Mechanisms\n VI. Concluding Comments and Direct Questions\n 11. The Materiality of Political Jurisprudence\n I. Introduction\n II. Methodology: The Prudential Rationality of Political Jurisprudence\n III. Trajectory: From a Functional to a Reflexive Political Jurisprudence\n IV. Object: Right Ordering and its Grammar\n V. Subjectivity: The Material Constitution\n 12. Public Law and the Autonomy of the Political: A Material Critique\n I. Introduction\n II. What Grounds the Autonomy of the Political?\n III. The Relation between the Political and the Economic in the Material Ordering of the Nomos\n IV. The Interwar Breakdown of Public Law: A Crisis of the State\n V. The Post-War Constitutional Imagination: A Transformation of the State\n VI. Conclusion\nPart V: The Comparative Critique\n 13. Foundations of Public Law: A View from the United States\n I. Introduction\n II. US Constitutionalism: No Itch to Scratch?\n III. The UK\'s Position in a Changing World\n 14. The Elusive Quest for Community: The Making of Political Identity in Modern Indian Constitutionalism\n I. Introduction\n II. The Authority of Community in Public Law\n III. Constitutionalism as the Search for Community in Colonial and Post-Colonial India\n IV. Adjudicating Minority Rights in the Indian Constitution\n V. Locating Loughlin against Gandhi\'s Rejection of the Nation\n VI. Searching for the \'Foundations\' of Indian Constitutionalism\n 15. Uncovering the Foundations of Administrative Law?\n I. Introduction\n II. Public Law as (Essentially) \'Sporadic and Peripheral\'\n III. In Search of a Foundation\n IV. Conclusion: Towards a Loughlinian Framework for Contemporary Public Law?\nPart VI: The Response\n 16. Excavating Foundations\n I. Introduction\n II. Approaches to Public Law\n III. Method and Objective of Foundations\n IV. State Theory\n V. State and Power in Analytical Jurisprudence\n VI. The Secularisation Thesis\n VII. How is Public Law Law?\n VIII. Is Foundations Conservative?\n IX. The Material Critique\n X. The Civic Republican Critique\n XI. The Rise of the Social\n XII. The Post-National Critique\n XIII. The Post-Colonial Critique\n XIV. American Exceptionalism\n XV. Conclusions\nBibliography\nIndex