The Pure Theory of Public Law
This chapter provides a conclusion for the topics discussed in this book. It discusses that public law is an autonomous subject and that it is necessary to recognize this autonomy to properly understand public law. It notes that pure theory is a theory of public law, understood as an autonomous subject operating in accordance with its own distinctive method. It explains that the object of public law is the activity of governing. It stresses that the characterisation of the modern state is essential for understanding public law. It discusses that a positive theory of public law cannot therefore be a theory of positive law. It clarifies the meaning of politics and its role on the ever-present possibility of conflict. It adds that the application of the principles of public law to specific cases remains indeterminate because public law is a form of political reasoning driven by prudential considerations.
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.
If you think you should have access to this title, please contact your librarian.