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Law and Leviathan: Redeeming the Administrative State [Kõva köide]

3.56/5 (238 hinnangut Goodreads-ist)
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  • Formaat: Hardback, 208 pages, kõrgus x laius x paksus: 191x127x20 mm, kaal: 308 g
  • Ilmumisaeg: 15-Sep-2020
  • Kirjastus: Harvard University Press
  • ISBN-10: 0674247531
  • ISBN-13: 9780674247536
Teised raamatud teemal:
Law and Leviathan: Redeeming the Administrative StateSuurem pilt
  • Formaat: Hardback, 208 pages, kõrgus x laius x paksus: 191x127x20 mm, kaal: 308 g
  • Ilmumisaeg: 15-Sep-2020
  • Kirjastus: Harvard University Press
  • ISBN-10: 0674247531
  • ISBN-13: 9780674247536
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9780674247536.html
Märksõnad:
"Many Americans fear the power of unelected, unaccountable bureaucrats-the "deep state." Cass Sunstein and Adrian Vermeule seek to calm those fears by proposing a moral regime to ensure that government rulemakers behave transparently and don't abuse their authority. The administrative state may be a Leviathan, but it can be a principled one"--

Many Americans fear the power of unelected, unaccountable bureaucrats—the “deep state.” Cass Sunstein and Adrian Vermeule seek to calm those fears by proposing a moral regime to ensure that government rulemakers behave transparently and don’t abuse their authority. The administrative state may be a Leviathan, but it can be a principled one.

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.

Arvustused

This short book is as brilliantly imaginative as it is urgently timely. By identifying an inner morality of administrative law, Sunstein and Vermeule refute the most serious legal and political attacks on the administrative state since the New Deal. The book makes major contributions to the theory of the rule of law. -- Richard H. Fallon, Jr., Story Professor of Law, Harvard Law School This is a sparkling vindication of the enduring relevance of Lon Fullers classic account of the rule of law. It is an exemplary piece of legal scholarship in the way it connects a sensitive exploration of legal doctrine to underlying moral concerns. -- John Tasioulas, Director, Yeoh Tiong Lay Centre for Politics, Philosophy, and Law, The Dickson Poon School of Law, Kings College London In the face of decades of robust attacks on the administrative state as unconstitutional, immoral, or worse, Sunstein and Vermeule offer a doctrinally careful and theoretically sophisticated defense of pervasive administrative regulation tempered by the kinds of rule of law concerns associated with Lon Fullers internal morality of law. 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, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law A must-read for critics and defenders of the administrative state. -- Jeffrey Pojankowski, Notre Dame Law School In this elegant and thoughtful book, Sunstein and Vermeule seek to offer an appealing second best on which the administrative states friends and foes can agree. Whether they will succeed in that task remains to be seen, but their effort to move us past old debates is exactly right. The pandemic has shown the urgent need for an administrative state that is both lawful and effective, empowered as well as constrained. Sunstein and Vermeule offer us an insightful account of how that uneasy balance is attained through core principles emanant in administrative law. -- Gillian Metzger, Harlan Fiske Stone Professor of Constitutional Law, Columbia Law School Sunstein and Vermeule pack in a great deal of information, almost a thumbnail course in administrative lawFor lawyers, the book provides an easy entry point to the latest developments in a complex and technical field of law...Put[ s] forward a new analytical framework for thinking about the direction of the administrative state. -- Terence Check * Cipher Brief * Has something to offer both critics and supporters of the administrative state and is a valuable contribution to the ongoing debate over the constitutionality of the modern state. -- Joseph Postell * Review of Politics * Law and Leviathan is a useful source to learn about the current state of US public law discourse. The reader can find an interesting mapping of concerns and solutions advanced towards developments whichto different degrees and under various labelshave taken place in most Western constitutional systems, as well as within the institutional structures of global governance. -- Angelo Jr Golia * Heidelberg Journal of International Law *

Muu info

Winner of Scribes Book Award 2021 (United States).
Introduction: "Long-Continued and Hard-Fought Contentions" 1(18)
1 The New Coke
19(19)
2 Law's Morality, 1 Rules and Discretion
38(25)
3 Law's Morality, 2 Consistency and Reliance
63(25)
4 Law's Morality, 3 Limits, Trade-offs, and the Judicial Role
88(28)
5 Surrogate Safeguards in Action
116(26)
Final Words 142(5)
Notes 147(24)
Acknowledgments 171(2)
Index 173
Cass R. Sunstein is the Robert Walmsley University Professor at Harvard and the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School. He is the author of hundreds of articles and dozens of books, including Impeachment: A Citizens Guide, Nudge (with Richard Thaler), Law and Leviathan (with Adrian Vermeule), How to Interpret the Constitution, On Freedom, and Can It Happen Here? Authoritarianism in America. He is a recipient of the Holberg Prize, sometimes described as the equivalent of the Nobel Prize for the humanities and social sciences. Adrian Vermeule is Ralph S. Tyler, Jr., Professor of Constitutional Law at Harvard Law School. His many books include Laws Abnegation: From Laws Empire to the Administrative State (Harvard) and The Constitution of Risk.