Book contents
- The Cambridge Companion to the Rule of Law
- Cambridge Companions to Law
- The Cambridge Companion to the Rule of Law
- Copyright page
- Contents
- Contributors
- Part I Introduction
- Part II Histories
- Part III Moralities
- 6 The Rule of Law as an Essentially Contested Concept
- 7 The Rule of Law in Montesquieu
- 8 The Spirit of Legality: A. V. Dicey and the Rule of Law
- 9 Michael Oakeshott’s Republican Theory of the Rule of Law
- 10 The Morality of the Rule of Law: Lon L. Fuller
- 11 E.P. Thompson and the Rule of Law: Qualifying the Unqualified Good
- 12 Functions of the Rule of Law
- 13 A Positive Theory of the Rule of Law
- Part IV Pathologies
- Part V Trajectories
- Part VI Conclusion
- Bibliography
- Index
9 - Michael Oakeshott’s Republican Theory of the Rule of Law
from Part III - Moralities
Published online by Cambridge University Press: 03 August 2021
- The Cambridge Companion to the Rule of Law
- Cambridge Companions to Law
- The Cambridge Companion to the Rule of Law
- Copyright page
- Contents
- Contributors
- Part I Introduction
- Part II Histories
- Part III Moralities
- 6 The Rule of Law as an Essentially Contested Concept
- 7 The Rule of Law in Montesquieu
- 8 The Spirit of Legality: A. V. Dicey and the Rule of Law
- 9 Michael Oakeshott’s Republican Theory of the Rule of Law
- 10 The Morality of the Rule of Law: Lon L. Fuller
- 11 E.P. Thompson and the Rule of Law: Qualifying the Unqualified Good
- 12 Functions of the Rule of Law
- 13 A Positive Theory of the Rule of Law
- Part IV Pathologies
- Part V Trajectories
- Part VI Conclusion
- Bibliography
- Index
Summary
In his lectures on the history of political thought given at the London School of Economics and Political Science (LSE), Michael Oakeshott, the most important English political philosopher of the twentieth century, emphasized the remarkable accomplishments of the Romans. While they may not have produced philosophers of such distinction as Plato and Aristotle, the Romans had shown “a genuine genius for government and politics.”1 The fruits of this political genius were evident in the establishment of “a political community, a civitas, a state, out of tribal societies,” in “creating the Roman people, the populus Romanus, out of a miscellany of different peoples,” and in generating the sense of a people united in a distinctive mode of association.
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- The Cambridge Companion to the Rule of Law , pp. 171 - 185Publisher: Cambridge University PressPrint publication year: 2021