Janet McLean, LAPA Visiting Fellow; Professor of Law and Governance, University of Dundee

The State the Crown and the Public in Nineteenth Century Britain

Date: 
Mon, 12/13/2010
Location: 
4:30 PM, Library Lounge, Bendheim Center for Finance

Please join us for a LAPA Seminar with Janet McLean,  for a discussion of "The State the Crown and the Public in Nineteenth Century Britain"

As always, the LAPA format asks that seminar participants familiarize themselves with the paper in advance. The commentator will open the session by summarizing the main themes in the paper and presenting some topics for discussion. The author then has the right of first response before we open to the floor for questions. The seminar will end with a brief reception in the Library Lounge at the Bendheim Center
for Finance
, giving everyone a chance to mingle and meet.

Janet McLean writes:  "It is commonly claimed that there is no concept of state in the Anglo-American tradition (Dyson 2010). This project tests whether British legal thought indeed lacks a concept of the state, how the state might manifest itself, and why we may fail to see it. In doing so it seeks to both explain the predominance of the current orthodoxy, and also to recover lost or suppressed normative resources which might help us analyse contemporary legal controversies about the nature of the public private distinction and where international law norms meet domestic norms. In the chapter for discussion we trace how the emergence of bureaucracy and unified political authority in the nineteenth century affected debates over the state and its normative dimensions in British law."

Janet McLean is currently a LAPA Visitor in 2010-2011. Trained as a lawyer in New Zealand and the US, she currently holds the Chair of Law and Governance at the School of Law at the University of Dundee (Scotland) where she teaches constitutional and administrative law and human rights. She has published numerous articles about the nature of the public private distinction ("Human Rights Obligations in the Private Sector" in C Forsyth et al, Effective Judicial Review (OUP Oxford 2009) 101(with P Rishworth)), the Crown as a legal concept ("The Crown in the Courts: Can Political Theory Help?" in L Pearson et al (eds) Administrative Law in a Changing State: Essays in Honour of Mark Aronson (Hart Oxford 2008) 161)  and the intersection between international and domestic legal regimes ("Divergent Legal Conceptions of the State: Implications for Global Administrative Law" 68 Law and Contemporary Problems 167 (2005);"The Transformation from Government to State:  Globalisation and Governments as Legal Persons" 10 Indiana Journal of Global Legal Studies 173 (2002)).

Kim Lane Scheppele  is the Laurance S. Rockefeller Professor of Sociology and Public Affairs in the Woodrow Wilson School and the University Center for Human Values as well as the Director of the Program in Law and Public Affairs at Princeton University. She joined the Princeton faculty in 2005 after nearly a decade as the John J. O'Brien Professor of Comparative Law at the University of Pennsylvania School of Law. Scheppele concentrates on comparative constitutional law, using ethnographic, historical and doctrinal methods to understand the emergence and collapse of constitutional systems. After 1989, she has focused her attention on the transformation of the countries under Soviet domination into constitutional rule-of-law states. Since 9/11, she has researched the effects of the international "war on terror" on constitutional protections around the world. Scheppele's forthcoming book, Judging after 9/11, is scheduled to be published by Harvard University Press in spring 2012. Her next book, The International State of Emergency: Terrorism, Legality and Transnationality, will follow shortly thereafter.