Pathological Tendencies in Public Law Scholarship
Speaker: Professor Martin Loughlin (LSE)
Commentators: Dr Jen Hendry (Leeds) and Associate Professor Dr John Snape (Warwick)
Many argue that the nature and pace of recent political change is now undermining the foundations of the modern concept of public law. The main difficulty, it seems, is that the critical boundaries on which the concept has been constructed – especially those between national/international and public/private – have become blurred. And the argument is made that since it is no longer able to do its work, public law should be reconstituted on some new constitutional foundation or be altogether jettisoned and replaced with a plurality of normative orders that organize the autonomous sub-systems of world society. In this paper, my main objective will be to assess the force of these contemporary claims.
Professor Loughlin is author of the book (among others) on the Foundations of Public Law (OUP 2010) and currently Head of the Law Department at LSE. He held a Leverhulme Major Research Fellowship and in 2007-08 he was a Fellow of the Wissenschaftskolleg zu Berlin.
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