Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering.

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Foundations of Public Law

This study demonstrates the centrality of economic rationales to debates on Jews' status in Italy, Britain, France and Germany during the course of two centuries. It delineates the common themes that informed these debates - the ideal republic and the 'ancient constitution', the conflict between virtue and commerce, and the notion of useful and productive labor. It thus provides an overview of the political-economic dimensions of Jewish emancipation literature of this period. This overview is viewed against the backdrop of broader controversies within European society over the effects of commerce on inherited political values and institutions. By focusing on economic attitudes toward Jews, the book also illuminates European intellectual approaches toward economic modernity. By elucidating these general debates, it renders more contemporary Jewish economic self-conceptions - and the enormous impetus that Jewish reformist movements placed on the Jews' economic and occupational transformation - fully explicable.

/pdf/the-politics-of-jewish-commerce-economic-thought-and-2zrvtntnf5.pdf

The Politics of Jewish Commerce: Economic Thought and Emancipation in Europe, 1638–1848

This chapter looks at political economy and economic law. Before the Marginal Revolution of 1870, the field of economics was largely based on political economy and scholars such as Leon Walras, Stanley Jevons, and Carl Menger who tried to separate politics from economics. The principles of economic law that apply to America are founded on the enlightenment philosophies, natural laws, and moral philosophies that took root during the time of ancient Greece. Thus, we take a continuum approach between the ancient and newer perspectives. A break in that continuum is discerned by an attempt to transform the ancient view marked mostly by Georg Hegel’s Philosophy of Right. Hegel spoke of consciousness as freedom and as a perfect state for social harmony. His most well-known followers were Karl Marx and Friedrich Engels who tried to affect a paradigmatic shift from what was characterized by Adam Smith, the “father of economics,” as economic jurisprudence and theory of moral sentiments to socialism and communism. The American Exceptionalism view of the political economy and economic laws are founded on the early continuum views.

American Exceptionalism: Political Economy and Economic Laws

Rechtsstaat, Rule of Law, l'Etat de droit

The Constitution of the State

The concept of state elaborated by Fichte in Science of Right represents a watershed in the history of liberal, romantic, and socialist thought. Fichte embraces a unique understanding of freedom, t...

"A Determined Stand": Freedom & Security in Fichte's "Science of Right"

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"A Determined Stand": Freedom & Security in Fichte's "Science of Right"