This paper analyses the intertwinement of legal philosophy and political theory in the British intellectual framework between the late 19th and early 20th centuries, with specific regard to Harold Laski's works. I will try to illustrate the transition from 19th-century utilitarianism to H. L. A. Hart and Isaiah Berlin as evolving through important debates which include Laski's contribution. I will argue that a discussion of “juridical” obligation, i.e., the conditions of legal validity, may lie implicitly in these concerns that Laski (...) and other early 20th-century British authors had about “political” obligation—viz., about the nature of the state and its claim to obedience. By approaching Laski's theories and their genealogy through a legal-philosophical perspective, I will contend that this debate about political obligation anticipates to a considerable extent some of the most renowned conceptions of obligation in 20th-century British legal theory. (shrink)

In the past few decades, liberal and democratic thought has been subjected to attacks from the adherents of nationalism, populism, and social radicalism. Much of these attacks involve suspicions about liberalism’s association with the contents and purveyors of structured knowledge, scientific and humanistic alike. I suggest that an examination of the history of liberal beliefs may add to our understanding of what is at stake. Such an examination may reveal how liberal thought in the twentieth century shifted away from its (...) earlier individualist and constitutional position towards the pluralist position that grants a special place to educated knowledge, to experts and professionals, and thus invites allegations of elitism. In particular, I focus on the differences between the ideas that conventional liberal authors elaborated during early modernity and the nineteenth century, on the one hand, and the version of liberal values and the polity based on them that were tacitly adopted during the mid-twentieth century, on the other hand. The examination involves highlighting the common denominators of mid-century authors on right, left, and centre, such as Laski, Popper and Hayek, as well as asking what in their shared worldview could attract allegations of elitism from later generations. (shrink)