Download or read book Law and Leviathan written by Cass R. Sunstein and published by Belknap Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Scribes Book Award “As brilliantly imaginative as it is urgently timely.” —Richard H. Fallon, Jr., Harvard Law School “At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.” —Frederick Schauer, author of The Proof 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? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall. “Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state.” —Review of Politics “The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.” —Wall Street Journal

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 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.

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 384 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 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 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 Crippling Leviathan written by Melissa M. Lee Desfor and published by Cornell University Press. This book was released on 2020-04-15 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policymakers worry that "ungoverned spaces" pose dangers to security and development. Why do such spaces exist beyond the authority of the state? Earlier scholarship—which addressed this question with a list of domestic failures—overlooked the crucial role that international politics play. In this shrewd book, Melissa M. Lee argues that foreign subversion undermines state authority and promotes ungoverned space. Enemy governments empower insurgents to destabilize the state and create ungoverned territory. This kind of foreign subversion is a powerful instrument of modern statecraft. But though subversion is less visible and less costly than conventional force, it has insidious effects on governance in the target state. To demonstrate the harmful consequences of foreign subversion for state authority, Crippling Leviathan marshals a wealth of evidence and presents in-depth studies of Russia's relations with the post-Soviet states, Malaysian subversion of the Philippines in the 1970s, and Thai subversion of Vietnamese-occupied Cambodia in the 1980s. The evidence presented by Lee is persuasive: foreign subversion weakens the state. She challenges the conventional wisdom on statebuilding, which has long held that conflict promotes the development of strong, territorially consolidated states. Lee argues instead that conflictual international politics prevents state development and degrades state authority. In addition, Crippling Leviathan illuminates the use of subversion as an underappreciated and important feature of modern statecraft. Rather than resort to war, states resort to subversion. Policymakers interested in ameliorating the consequences of ungoverned space must recognize the international roots that sustain weak statehood.

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 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 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 The Partial Constitution written by Cass R. Sunstein and published by Harvard University Press. This book was released on 1993 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sunstein (jurisprudence, political science, U. of Chicago) asserts that, as it is currently interpreted, the Constitution is biased. He points to two contemporary mistakes: that Constitutional law posits the status quo as neutral and just (which, he argues, is not the case); and that the meaning of the Constitution is increasingly solely within the purview of the Supreme Court (which, he argues, is not what the founders intended.) Annotation copyright by Book News, Inc., Portland, OR

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 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 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 Leviathan Wakes written by James S. A. Corey and published by Orbit. This book was released on 2011-06-15 with total page 621 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a New York Times bestselling and Hugo award-winning author comes a modern masterwork of science fiction, introducing a captain, his crew, and a detective as they unravel a horrifying solar system wide conspiracy that begins with a single missing girl. Now a Prime Original series. Humanity has colonized the solar system—Mars, the Moon, the Asteroid Belt and beyond—but the stars are still out of our reach. Jim Holden is XO of an ice miner making runs from the rings of Saturn to the mining stations of the Belt. When he and his crew stumble upon a derelict ship, the Scopuli, they find themselves in possession of a secret they never wanted. A secret that someone is willing to kill for—and kill on a scale unfathomable to Jim and his crew. War is brewing in the system unless he can find out who left the ship and why. Detective Miller is looking for a girl. One girl in a system of billions, but her parents have money and money talks. When the trail leads him to the Scopuli and rebel sympathizer Holden, he realizes that this girl may be the key to everything. Holden and Miller must thread the needle between the Earth government, the Outer Planet revolutionaries, and secretive corporations—and the odds are against them. But out in the Belt, the rules are different, and one small ship can change the fate of the universe. "Interplanetary adventure the way it ought to be written." —George R. R. Martin The Expanse Leviathan Wakes Caliban's War Abaddon's Gate Cibola Burn Nemesis Games Babylon's Ashes Persepolis Rising Tiamat's Wrath ​Leviathan Falls Memory's Legion The Expanse Short Fiction Drive The Butcher of Anderson Station Gods of Risk The Churn The Vital Abyss Strange Dogs Auberon The Sins of Our Fathers

Download or read book Invisible Leviathan written by Murray E. G. Smith and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Invisible Leviathan, Murray E.G. Smith refutes the main criticisms of Marx's theory of labour value and argues that human civilization is imperilled by the capitalist imperative to measure wealth in terms of 'abstract social labour' and money profit.

Download or read book Slaying Leviathan written by Leslie Carbone and published by Potomac Books, Inc.. This book was released on 2009 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the moral dimension of tax policy and calls for a fundamental tax reform

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.