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Rationalism in Public Law
Author(s) -
Gee Graham,
Webber Grégoire
Publication year - 2013
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12031
Subject(s) - rationalism , politics , relevance (law) , constitution , law , political science , epistemology , sociology , law and economics , philosophy
Rationalism is ‘the stylistic criterion of all respectable politics’. So lamented political philosopher M ichael O akeshott in a series of essays published in the 1940s and 1950s. Rationalism, for O akeshott, is shorthand for a propensity to prioritise the universal over the local, the uniform over the particular and, ultimately, principle over practice. It culminates in the triumph of abstract principles over practical knowledge in a manner that erodes our ability to engage in political activity. Although O akeshott's critique was made with the practice and study of politics in mind, it has a wider relevance. Rationalism, as we see it, has become the dominant style in public law. We draw upon O akeshott's critique to elucidate the risks associated with rationalism in public law and call for a renewed engagement with practical knowledge in the study of the constitution.