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Public Law and Legal Theory

Maurer School of Law: Indiana University

Sovereignty

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Public Law, Precarity, And Access To Justice, Amnon Lev Feb 2020

Public Law, Precarity, And Access To Justice, Amnon Lev

Indiana Journal of Global Legal Studies

In the first part, I examine Thomas Hobbes' theory of commonwealth to see how it situates subjects in relation to justice. Hobbes famously founds his commonwealth on the equal subjection of all to the Leviathan, which is the equal subjection of all to law. We need to understand why he nevertheless needs to accommodate the diversity of society-the basic fact that some are weak while others are not-into the operation of the public law machine. As we shall see, the accommodation of social diversity is tied to a proto-liberal distinction between social spheres that relegates much of human life to …


The Globalizing State: A Future-Oriented Perspective On The Public/Private Distinction, Federalism, And Democracy, Alfred C. Aman Jan 1998

The Globalizing State: A Future-Oriented Perspective On The Public/Private Distinction, Federalism, And Democracy, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.