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.

Law and economics · Political science · Sociology · Judicial and Constitutional Studies · Law · Law in Society and Culture · Legal and Constitutional Studies