Jump to ContentJump to Main Navigation
Foundations of Public Law$
Users without a subscription are not able to see the full content.

Martin Loughlin

Print publication date: 2010

Print ISBN-13: 9780199256853

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199256853.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 19 September 2018

The Birth of Public Law

The Birth of Public Law

Chapter:
(p.50) 2 The Birth of Public Law
Source:
Foundations of Public Law
Author(s):

Martin Loughlin

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199256853.003.0003

Public law emerges as an autonomous field of knowledge in the period between the mid-16th and late 17th centuries. This was a critical period of intense religious conflict in which the character of collective human association was placed in question. The period, marked by the historicization, rationalization, and secularization of political thought, led to the severing of political order from its religious origins and a shift in focus from the sovereign towards the state. The corporate idea of the state became the ground on which an autonomous concept of public law could be built. This chapter explains this transition by reference first to a methodological shift that leads to the promotion of public law as a type of historico-political discourse; secondly to the growth of absolutist thought and the idea of sovereignty; and then to a revolution in natural law thinking leading to the emergence of modern natural right. Sovereignty and right combine to provide the rudiments of the concept of public law.

Keywords:   public law method, absolutism, sovereignty, modern natural law, subjective right, Bodin, Althusius, Grotius, Hobbes, Pufendorf

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .