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Book Tocqueville s Nightmare

    Book Details:
  • Author : Daniel R. Ernst
  • Publisher : Oxford University Press
  • Release : 2014-04-21
  • ISBN : 0199920877
  • Pages : 272 pages

Download or read book Tocqueville s Nightmare written by Daniel R. Ernst and published by Oxford University Press. This book was released on 2014-04-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1830s, the French aristocrat Alexis de Tocqueville warned that "insufferable despotism" would prevail if America ever acquired a national administrative state. Today's Tea Partiers evidently believe that, after a great wrong turn in the early twentieth century, Tocqueville's nightmare has come true. In those years, it seems, a group of radicals, seduced by alien ideologies, created vast bureaucracies that continue to trample on individual freedom. In Tocqueville's Nightmare, Daniel R. Ernst destroys this ahistorical and simplistic narrative. He shows that, in fact, the nation's best corporate lawyers were among the creators of "commission government" that supporters were more interested in purging government of corruption than creating a socialist utopia, and that the principles of individual rights, limited government, and due process were built into the administrative state. Far from following "un-American" models, American state-builders rejected the leading European scheme for constraining government, the Rechtsstaat (a state of rules). Instead, they looked to an Anglo-American tradition that equated the rule of law with the rule of courts and counted on judges to review the bases for administrators' decisions. Soon, however, even judges realized that strict judicial review shifted to courts decisions best left to experts. The most masterful judges, including Charles Evans Hughes, Chief Justice of the United States from 1930 to 1941, ultimately decided that a "day in court" was unnecessary if individuals had already had a "day in commission" where the fundamentals of due process and fair play prevailed. This procedural notion of the rule of law not only solved the judges' puzzle of reconciling bureaucracy and freedom. It also assured lawyers that their expertise in the ways of the courts would remain valuable, and professional politicians that presidents would not use administratively distributed largess as an independent source of political power. Tocqueville's nightmare has not come to pass. Instead, the American administrative state is a restrained and elegant solution to a thorny problem, and it remains in place to this day.

Book Tocqueville

    Book Details:
  • Author : Lucien Jaume
  • Publisher : Princeton University Press
  • Release : 2013-03-21
  • ISBN : 1400846722
  • Pages : 360 pages

Download or read book Tocqueville written by Lucien Jaume and published by Princeton University Press. This book was released on 2013-03-21 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many American readers like to regard Alexis de Tocqueville as an honorary American and democrat--as the young French aristocrat who came to early America and, enthralled by what he saw, proceeded to write an American book explaining democratic America to itself. Yet, as Lucien Jaume argues in this acclaimed intellectual biography, Democracy in America is best understood as a French book, written primarily for the French, and overwhelmingly concerned with France. "America," Jaume says, "was merely a pretext for studying modern society and the woes of France." For Tocqueville, in short, America was a mirror for France, a way for Tocqueville to write indirectly about his own society, to engage French thinkers and debates, and to come to terms with France's aristocratic legacy. By taking seriously the idea that Tocqueville's French context is essential for understanding Democracy in America, Jaume provides a powerful and surprising new interpretation of Tocqueville's book as well as a fresh intellectual and psychological portrait of the author. Situating Tocqueville in the context of the crisis of authority in postrevolutionary France, Jaume shows that Tocqueville was an ambivalent promoter of democracy, a man who tried to reconcile himself to the coming wave, but who was also nostalgic for the aristocratic world in which he was rooted--and who believed that it would be necessary to preserve aristocratic values in order to protect liberty under democracy. Indeed, Jaume argues that one of Tocqueville's most important and original ideas was to recognize that democracy posed the threat of a new and hidden form of despotism.

Book Tocqueville on American Character

Download or read book Tocqueville on American Character written by Michael A. Ledeen and published by Truman Talley Books. This book was released on 2001-10-05 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1831, Alexis De Tocqueville, a twenty-six-year-old French aristocrat, spent nine months travelling across the United States. From the East Coast to the frontier, from the Canadian border to New Orleans, Tocqueville observed the American people and the revolutionary country they'd created. His celebrated Democracy in America, the most quoted work on America ever written, presented the new Americans with a degree of understanding no one had accomplished before or has since. Astonished at the pace of daily life and stimulated by people at all levels of society, Tocqueville recognized that Americans were driven by a series of internal conflicts: simultaneously religious and materialistic; individualistic and yet deeply involved in community affairs; isolationist and interventionist; pragmatic and ideological. Noted author Michael Ledeen takes a fresh look at Tocqueville's insights into our national psyche and asks whether Americans' national character, which Tocqueville believed to be wholly admirable, has fallen into moral decay and religious indifference. Michael Ledeen's sparkling new exploration has some surprising answers and provides a lively new look at a time when character is at the center of our national debate.

Book Chasing the Red  White  and Blue

Download or read book Chasing the Red White and Blue written by David Cohen and published by Macmillan. This book was released on 2007-04-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1831, Alexis de Tocqueville his journey to America, traveling from New York to the frontier city of Flint, Michigan, down the Ohio River Valley and into Mississippi, then turning east through the Old South and concluding in Washington, D.C. His journey spawned the classic Democracy in America, the book that defined "equality of opportunity" as the wellspring national character. At the end of the twentieth century, journalist David Cohen made that same journey, with one new destination—the frontier of Silicon Valley in California. Chasing the Red, White, and Blue is his account: a thought-provoking inquiry into the lives of Americans today. Talking with people at every level of society—from Manhattan real estate brokers and Washington lobbyists to supermarket clerks and illegal aliens—Cohen finds equality elusive and the poor increasingly adrift from American society. But he also finds hope alive in the most unexpected of places. Just as Democracy in America took the measure of our young republic, Chasing the Red, White, and Blue portrays a much-changed America on the cusp of a new millennium: still united by our passion for democracy, yet divided by our prejudices.

Book Democracy Incorporated

Download or read book Democracy Incorporated written by Sheldon S. Wolin and published by Princeton University Press. This book was released on 2017-08-29 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy is struggling in America--by now this statement is almost cliché. But what if the country is no longer a democracy at all? In Democracy Incorporated, Sheldon Wolin considers the unthinkable: has America unwittingly morphed into a new and strange kind of political hybrid, one where economic and state powers are conjoined and virtually unbridled? Can the nation check its descent into what the author terms "inverted totalitarianism"? Wolin portrays a country where citizens are politically uninterested and submissive--and where elites are eager to keep them that way. At best the nation has become a "managed democracy" where the public is shepherded, not sovereign. At worst it is a place where corporate power no longer answers to state controls. Wolin makes clear that today's America is in no way morally or politically comparable to totalitarian states like Nazi Germany, yet he warns that unchecked economic power risks verging on total power and has its own unnerving pathologies. Wolin examines the myths and mythmaking that justify today's politics, the quest for an ever-expanding economy, and the perverse attractions of an endless war on terror. He argues passionately that democracy's best hope lies in citizens themselves learning anew to exercise power at the local level. Democracy Incorporated is one of the most worrying diagnoses of America's political ills to emerge in decades. It is sure to be a lightning rod for political debate for years to come. Now with a new introduction by Pulitzer Prize–winning journalist Chris Hedges, Democracy Incorporated remains an essential work for understanding the state of democracy in America.

Book Memoir  Letters  and Remains of Alexis de Tocqueville

Download or read book Memoir Letters and Remains of Alexis de Tocqueville written by Alexis de Tocqueville and published by . This book was released on 1861 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Tocqueville and His America

Download or read book Tocqueville and His America written by Arthur Kaledin and published by Yale University Press. This book was released on 2011-08-23 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kaledin offers an original combination of biography, character study and wide-ranging analysis of Toqueville's 'Democracy in America', bringing new light to that classic work.

Book Law   s Abnegation

    Book Details:
  • Author : Adrian Vermeule
  • Publisher : Harvard University Press
  • Release : 2016-11-14
  • ISBN : 0674971442
  • Pages : 267 pages

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: 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.

Book Stating the Family

    Book Details:
  • Author : Julie Novkov
  • Publisher : University Press of Kansas
  • Release : 2020-05-07
  • ISBN : 0700629238
  • Pages : 304 pages

Download or read book Stating the Family written by Julie Novkov and published by University Press of Kansas. This book was released on 2020-05-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Glance at a political party’s platform, catch a politician’s speech, sample the news, and you will find the family—not as a mere group of people living together in the private sphere, but as a contentious entity at the center of political disputes and policy debates over everything from marriage equality and gender identity to immigration and welfare reform. The key role of the family in politics and public policy, so often relegated to the outer margins of political science and theory, comes in for long overdue consideration in this volume. Bringing together political scientists and legal scholars of wide-ranging interests and perspectives, Stating the Family explores the role of the family in American political development: as a focus of political struggle, a place where policy happens, a means of distributing governmental goods, and a way of relating individuals to the state and to each other in legal terms. While the authors gathered here examine important policy questions that relate to the family—including immigration, welfare, citizenship, partisanship, and ideology—they pay particular attention to changes in family structures and responsibilities in light of the rise of neoliberalism. Illustrated with case studies—some contemporary, some historical—their essays provide individual takes on different links between family and politics, creating a nuanced conversation on this complex topic. The result is a multifaceted view of the family’s place in the development of American political institutions and a unique understanding of the work that family does to structure politics—and that politics does to structure families.

Book Who are We

    Book Details:
  • Author : Samuel P. Huntington
  • Publisher :
  • Release : 2005
  • ISBN : 9780684866697
  • Pages : 0 pages

Download or read book Who are We written by Samuel P. Huntington and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: America was founded by settlers who brought with them a distinct culture including the English language, Protestant values, individualism, religious commitment, and respect for law. The waves of later immigrants came gradually accepted these values and assimilated into America's Anglo-Protestant culture. More recently, however, national identity has been eroded by the problems of assimilating massive numbers of immigrants, bilingualism, multiculturalism, the devaluation of citizenship, and the "denationalization" of American élites. September 11 brought a revival of American patriotism, but already there are signs that this is fading. This book shows the need for us to reassert the core values that make us Americans.--From publisher description.

Book Tocqueville and American Civilization

Download or read book Tocqueville and American Civilization written by Max Lerner and published by Transaction Publishers. This book was released on with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Harvard Law Review  Volume 129  Number 3   January 2016

Download or read book Harvard Law Review Volume 129 Number 3 January 2016 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2016-01-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The January 2016 issue, Number 3, features these contents: • Article, "Presidential Intelligence," by Samuel J. Rascoff • Book Review, "The Struggle for Administrative Legitimacy," by Jeremy K. Kessler (on Daniel Ernst's book about the administrative state) • Note, "Existence-Value Standing" • Note, "Rethinking Closely Regulated Industries" In addition, student commentary analyzes Recent Cases on compelled disclosures in commercial speech; due process notice of procedures to challenge a local ordinance; standing after liquidation actions taken under Dodd-Frank; exaction and takings by acquiring equity shares in AIG; religious liberty after Hobby Lobby; bias-intimidation laws and mens rea; and whether document production is the 'practice of law' under labor law. The issue includes analysis of a Recent Court Filing by the DOJ supporting a meaningful juvenile right to counsel. Finally, the issue includes comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the third issue of academic year 2015-2016.

Book Reading Tocqueville

Download or read book Reading Tocqueville written by R. Geenens and published by Springer. This book was released on 2007-11-09 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume sets up a dialogue between the 'historical' and the 'contemporary' Tocqueville. How does a contextualization of Tocqueville, or a focus on his embeddedness in nineteenth-century political culture, add to our understanding of his political thought? How has the use of his writings in political debate influenced the reception of his work?

Book Alexis de Tocqueville

Download or read book Alexis de Tocqueville written by Joseph Epstein and published by Harper Collins. This book was released on 2006-11-07 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alexis de Tocqueville was among the first foreigners to recognize and trumpet the grandness of the American project. His two-volume classic, Democracy in America, published in 1835, not only offered a vivid account of what was then a new nation but famously predicted what that nation would become. His startling prescience, as well as the endurance of his political ideas, has firmly established Tocqueville's place in American history; his chronicle of our infancy is a fixture on every American history syllabus. Nearly all of his clairvoyant predictions about American political life, from the influence of Evangelical Christianity to the advent of our "consumer society," have come true—and on the schedule he set. Yet in his own time, Tocqueville had little evidence for the truth of his ideas. Introspective, sickly, prone to self-doubt, he was an unlikely visionary. Joseph Epstein, America's most versatile essayist, proves an ideal guide to his predecessor. In wry, elegant prose, he engages Tocqueville's intellectual contributions, illuminates the development of his thought, and provides a referendum on his various prophecies. (His record was far from perfect—he thought the federal government would wither away as the states rose in power.) Alexis de Tocqueville: Democracy's Guide is an altogether human portrait of the Frenchman who would become an American icon.

Book Soft Despotism  Democracy s Drift

Download or read book Soft Despotism Democracy s Drift written by Paul Anthony Rahe and published by Yale University Press. This book was released on 2009-01-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1989, the Cold War abruptly ended and it seemed as if the world was at last safe for democracy. But a spirit of uneasiness, discontent, and world-weariness soon arose and has persisted in Europe, in America, and elsewhere for two decades. To discern the meaning of this malaise we must investigate the nature of liberal democracy, says the author of this provocative book, and he undertakes to do so through a detailed investigation of the thinking of Montesquieu, Rousseau, and Tocqueville. Paul A. Rahe argues that these political thinkers anticipated the modern liberal republic's propensity to drift in the direction of “soft despotism”—a condition that arises within a democracy when paternalistic state power expands and gradually undermines the spirit of self-government. Such an eventuality, feared by Tocqueville in the nineteenth century, has now become a reality throughout the European Union, Canada, Australia, New Zealand, and the United States. So Rahe asserts, and he explains what must be done to reverse this unfortunate trend.

Book Tocqueville s Virus

    Book Details:
  • Author :
  • Publisher : Dorrance Publishing
  • Release :
  • ISBN : 1434946495
  • Pages : 164 pages

Download or read book Tocqueville s Virus written by and published by Dorrance Publishing. This book was released on with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Demos Assembled

    Book Details:
  • Author : Stephen W. Sawyer
  • Publisher : University of Chicago Press
  • Release : 2024-06-19
  • ISBN : 0226833399
  • Pages : 244 pages

Download or read book Demos Assembled written by Stephen W. Sawyer and published by University of Chicago Press. This book was released on 2024-06-19 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: An intelligent, engaging, and in-depth reading of the nature of the state and the establishment of the modern political order in the mid-nineteenth century. Previous studies have covered in great detail how the modern state slowly emerged from the early Renaissance through the seventeenth century, but we know relatively little about the next great act: the birth and transformation of the modern democratic state. And in an era where our democratic institutions are rife with conflict, it’s more important now than ever to understand how our institutions came into being. Stephen W. Sawyer’s Demos Assembled provides us with a fresh, transatlantic understanding of that political order’s genesis. While the French influence on American political development is well understood, Sawyer sheds new light on the subsequent reciprocal influence that American thinkers and politicians had on the establishment of post-revolutionary regimes in France. He argues that the emergence of the stable Third Republic (1870–1940), which is typically said to have been driven by idiosyncratic internal factors, was in fact a deeply transnational, dynamic phenomenon. Sawyer’s findings reach beyond their historical moment, speaking broadly to conceptions of state formation: how contingent claims to authority, whether grounded in violence or appeals to reason and common cause, take form as stateness.