Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Download or read book The Administrative State written by Dwight Waldo and published by Routledge. This book was released on 2017-09-04 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.

Download or read book Law and the Limits of Reason written by Adrian Vermeule and published by Oxford University Press. This book was released on 2012-05-24 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Limits of Reason asks "what are the consequences of recognizing the limits of reason within the legal system?" In particular, what are the consequences for the allocation of lawmaking authority among judges, legislators, and administrative agencies or executive officials? Vermeule examines the conditions under which the limits of reason support a greater or lesser allocation of authority to one institution or another.

Download or read book Law s Abnegation written by Adrian Vermeule and published by Harvard University Press. This book was released on 2016-11-14 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.

Download or read book Leviathan written by Thomas Hobbes and published by Courier Corporation. This book was released on 2012-10-03 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written during a moment in English history when the political and social structures were in flux and open to interpretation, Leviathan played an essential role in the development of the modern world.

Download or read book One Case at a Time written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2001 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of America's preeminent constitutional scholars, Sunstein mounts a defense of the most striking characteristic of modern constitutional law: the inclination to decide one case at a time. Examining various controversies, he shows how--and why--the Court has avoided broad rulings, and in doing so has fostered public debate on difficult topics.

Download or read book Limiting Leviathan written by Larry May and published by Oxford University Press. This book was released on 2013-09-26 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thomas Hobbes wrote extensively about law, was strongly influenced by legal debates, and is considered by many to be one of the first legal positivists. Larry May presents the first book in English on Hobbes's legal philosophy, offering a new interpretation of Hobbes's views about the connections among law, politics, and morality.

Download or read book After the Rights Revolution written by Cass R. Sunstein and published by Harvard University Press. This book was released on 1990 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the twentieth century, American society has experienced a "rights revolution" a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.

Download or read book Trying Leviathan written by D. Graham Burnett and published by Princeton University Press. This book was released on 2010-01-04 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Moby-Dick, Ishmael declares, "Be it known that, waiving all argument, I take the good old fashioned ground that a whale is a fish, and call upon holy Jonah to back me." Few readers today know just how much argument Ishmael is waiving aside. In fact, Melville's antihero here takes sides in one of the great controversies of the early nineteenth century--one that ultimately had to be resolved in the courts of New York City. In Trying Leviathan, D. Graham Burnett recovers the strange story of Maurice v. Judd, an 1818 trial that pitted the new sciences of taxonomy against the then-popular--and biblically sanctioned--view that the whale was a fish. The immediate dispute was mundane: whether whale oil was fish oil and therefore subject to state inspection. But the trial fueled a sensational public debate in which nothing less than the order of nature--and how we know it--was at stake. Burnett vividly recreates the trial, during which a parade of experts--pea-coated whalemen, pompous philosophers, Jacobin lawyers--took the witness stand, brandishing books, drawings, and anatomical reports, and telling tall tales from whaling voyages. Falling in the middle of the century between Linnaeus and Darwin, the trial dramatized a revolutionary period that saw radical transformations in the understanding of the natural world. Out went comfortable biblical categories, and in came new sorting methods based on the minutiae of interior anatomy--and louche details about the sexual behaviors of God's creatures. When leviathan breached in New York in 1818, this strange beast churned both the natural and social orders--and not everyone would survive.

Download or read book Three Text Edition of Thomas Hobbes s Political Theory written by Deborah Baumgold and published by Cambridge University Press. This book was released on 2017-05-15 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exciting English-language edition which for the first time presents Thomas Hobbes's masterpiece Leviathan alongside two earlier works, The Elements of Law and De Cive. By arranging the three texts side by side, Baumgold offers readers an enhanced understanding of Hobbes's political theory and addresses an important need within Hobbes scholarship. The parallel presentation highlights substantive connections between the texts and makes it easy to trace the development of Hobbes's thinking. Readers can follow developments both at the 'micro' level of specific arguments and at the 'macro' level of the overall scope and organization of the theory. The volume also includes parallel presentations of Hobbes's chapter outlines, which serve as a key to the texts and are collected in a précis appendix.

Download or read book The Penguin and the Leviathan written by Yochai Benkler and published by Random House Digital, Inc.. This book was released on 2011 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: For example, he describes how: --

Download or read book The Dubious Morality of Modern Administrative Law written by Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University and published by Rowman & Littlefield. This book was released on 2020-03-15 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of how theadministrative state has gone astray since the New Deal. First examining how federal administrative powers worked well in an earlier age of limited government, dealing with such issues as land grants, patents, tariffs and government employment contracts, Epstein then explains how modern broad mandates for delegated authority are inconsistent with the rule of law and lead to systematic abuse in a wide range of subject matter areas: environmental law; labor law; food and drug law; communications laws, securities law and more. He offers detailed critiques of major administrative laws that are now under reconsideration in the Supreme Court and provides recommendations as to how the Supreme Court can roll back the administrative state in a coherent way.

Download or read book Bureaucratic Justice written by Jerry L. Mashaw and published by Yale University Press. This book was released on 1983-01-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone interested in 'good government' should read Jerry Mashaw's new book on how the social Security Administration implements congressionally mandated policy for controlled consistent distribution of disability benefits. . . . He offers an important perspective on bureaucracy that must be considered when devising procedures for not only disability determinations but also other forms of administrative adjudication.--Linda A. O'Hare, American Bar Association Journal A major contribution to the ongoing debate about administrative law and mass justice.--Lance Liebman and Richard B. Stewart, Harvard Law Review Profound implications for the future of democratic government. . . . Practical, analytical policymaking for a complex decision system of great significance to many Americans.--Paul R. Verkuil, Yale Law Journal An exceptionally valuable book for anyone who is concerned about the role of law in the administrative state. Mashaw manages to range broadly without becoming superficial, and to present a coherent and challenging theory in lively, readable prose. Bureaucratic Justice seems certain to become a standard reference work for administrative lawyers, and for anyone else who seeks the elusive goal of developing more humane and more effective public bureaucracies.--Barry Boyer, Michigan Law Review Strongly recommended for use in graduate seminars in public policy or law. . . . If we are to develop a positive model of bureaucratic competence, we must answer the insightful questions rased in this cogent book.--David L. Martin, American Political Science Review Mashaw provides an excellent analysis of middle range processes of decision making.--Gerald Turkel, Qualitative Sociology Stimulating and provocative and . . . makes a contribution to the ongoing dialogue about due process in public administration.... It is tightly organized, cogently argued, and full of pithy historical illustrations. . . . One of the best such works in many years. --Annals of the American Academy of Political and Social Science A thoughtful, challenging, and very useful book.--Choice Inspires a new direction in administrative law scholarship.--A.I. Ogus, Oxford Journal of Legal Studies

Download or read book Is Administrative Law Unlawful written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

Download or read book Leviathan and the Air Pump written by Steven Shapin and published by Princeton University Press. This book was released on 2011-08-15 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leviathan and the Air-Pump examines the conflicts over the value and propriety of experimental methods between two major seventeenth-century thinkers: Thomas Hobbes, author of the political treatise Leviathan and vehement critic of systematic experimentation in natural philosophy, and Robert Boyle, mechanical philosopher and owner of the newly invented air-pump. The issues at stake in their disputes ranged from the physical integrity of the air-pump to the intellectual integrity of the knowledge it might yield. Both Boyle and Hobbes were looking for ways of establishing knowledge that did not decay into ad hominem attacks and political division. Boyle proposed the experiment as cure. He argued that facts should be manufactured by machines like the air-pump so that gentlemen could witness the experiments and produce knowledge that everyone agreed on. Hobbes, by contrast, looked for natural law and viewed experiments as the artificial, unreliable products of an exclusive guild. The new approaches taken in Leviathan and the Air-Pump have been enormously influential on historical studies of science. Shapin and Schaffer found a moment of scientific revolution and showed how key scientific givens--facts, interpretations, experiment, truth--were fundamental to a new political order. Shapin and Schaffer were also innovative in their ethnographic approach. Attempting to understand the work habits, rituals, and social structures of a remote, unfamiliar group, they argued that politics were tied up in what scientists did, rather than what they said. Steven Shapin and Simon Schaffer use the confrontation between Hobbes and Boyle as a way of understanding what was at stake in the early history of scientific experimentation. They describe the protagonists' divergent views of natural knowledge, and situate the Hobbes-Boyle disputes within contemporary debates over the role of intellectuals in public life and the problems of social order and assent in Restoration England. In a new introduction, the authors describe how science and its social context were understood when this book was first published, and how the study of the history of science has changed since then.

Download or read book Leviathan on a Leash written by Sean Fleming and published by Princeton University Press. This book was released on 2020-11-24 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first suggests that states can be held responsible because they are 'moral agents' like human beings, with similar capacities for deliberation and intentional action. A state is responsible in the same way in which an indivdiual is responsible. The second sthat states can be held responsible because they are legal persons that act vicariously through their officials; states are 'principals' rather than agents, and the model for state responsibility is a case of vicariously liability, such as when an employer is held financially liable for the actions of her employee. Sam Fleming reconstructs and develops a forgotten understanding of state responsibility from Thomas Hobbes' political thought. Like proponents of the two theories of state responsibility, Hobbes considered states to be 'persons', meaning that actions, rights, and responsibilities can be attributed to them. States can be said to wage war, possess sovereignty, and owe money.

Download or read book Managing Leviathan written by Robert Paehlke and published by Peterborough, Ont. : Broadview Press. This book was released on 2005-05 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone wishing to explore the cutting edge of environmental policy and management will find this book an invaluable tool. - The Honourable David Anderson, Minister of Environment, Government of Canada, 1999-2004