Oakeshottts on Human Conduct: An Enquiry Concerning the Individual, the Law and the State

Abstract

This paper examines the notions of the individual, the state and law in Michael Oakeshott's 'On Human Conduct.' The first Part of this paper explores the notion of the individual. It shows how individualism facilitates conversation between free agents and stimulates a pluralism of ideas. It argues that such individualism is the perfect antidote to the totalitarianism manifested in enterprise associations. Part II analyses the concept of law in a civil association. It illustrates how law (lex) is practiced as a language and how it is amplified by judges and the legislature to ensure that individualism and plurality are preserved. Finally, Part III considers the state. It demonstrates that the state should not be driven by rationalistic and utopic ideals, but a ‘unity of a world of ideas’ derived from individuals. It argues that the state should focus on serving its citizens, not dominating them, and that it should co-operate with other states rather than dictate to them. Ultimately, this paper seeks to show that Individualism is the glue that binds Oakeshott’s concepts of lex and civil association together. Without individualism a state becomes a totalitarian anarchism.