Law And Leviathan
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Law And Leviathan
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Author : Cass R. Sunstein
language : en
Publisher: Harvard University Press
Release Date : 2020-09-15
Law And Leviathan written by Cass R. Sunstein and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-15 with Law categories.
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.
Law For Leviathan
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Author : Daryl J. Levinson
language : en
Publisher: Oxford University Press
Release Date : 2024
Law For Leviathan written by Daryl J. Levinson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Education categories.
The state makes law. But the state is also subject to law in two realms: international law and constitutional law. But how in the international realm can law be enforced against powerful states in the absence of a super-state standing above them? How far can moral and legal frameworks developed around ordinary persons be extended to apply to personified Leviathans? The book argues that these kinds of questions are equally applicable to the second major regime of law for states, constitutional law. By assimilating constitutional and international law as parallel projects of imposing law upon the state, this book brings focus to the concept of "law for Leviathan" as a distinctive legal form.
The Administrative State
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Author : Dwight Waldo
language : en
Publisher: Routledge
Release Date : 2017-09-04
The Administrative State written by Dwight Waldo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-04 with Political Science categories.
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.
Law S Abnegation
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Author : Adrian Vermeule
language : en
Publisher: Harvard University Press
Release Date : 2016-11-14
Law S Abnegation written by Adrian Vermeule and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-14 with Law categories.
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.
Leviathan
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Author : Thomas Hobbes
language : en
Publisher: Strelbytskyy Multimedia Publishing
Release Date : 2018-08-22
Leviathan written by Thomas Hobbes and has been published by Strelbytskyy Multimedia Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-22 with Fiction categories.
Leviathan or The Matter, Forme and Power of a Common-Wealth Ecclesiastical and Civil is a book written by an English materialist philosopher Thomas Hobbes about problems of the state existence and development. Leviathan is a name of a Bible monster, a symbol of nature powers that belittles a man. Hobbes uses this character to describe a powerful state (“God of the death”). He starts with a postulate about a natural human state (“the war of all against all”) and develops the idea “man is a wolf to a man”. When people stay for a long time in the position of an inevitable extermination they give a part of their natural rights, for the sake of their lives and general peace, according to an unspoken agreement to someone who is obliged to maintain a free usage of the rest of their rights – to the state. The state, a union of people, where the will of a single one (the state) is compulsory for everybody, has a task to regulate the relations between all the people. The book was banned several times in England and Russia.
Limiting Leviathan
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Author : Larry May
language : en
Publisher: Oxford University Press
Release Date : 2013-09-26
Limiting Leviathan written by Larry May and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-26 with History categories.
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.
Law And The Limits Of Reason
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Author : Adrian Vermeule
language : en
Publisher: Oxford University Press
Release Date : 2012-05-24
Law And The Limits Of Reason written by Adrian Vermeule and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-24 with Law categories.
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.
The Dubious Morality Of Modern Administrative Law
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Author : Richard Epstein, Laurence A. Tisch Professor of Law, New York University
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2020-03-15
The Dubious Morality Of Modern Administrative Law written by Richard Epstein, Laurence A. Tisch Professor of Law, New York University and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-15 with Law categories.
Modern administrative law has been the subject of intense and protracted intellectual debate. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of the progressive administrative state and calls for a return law to its original design, meaning, and structure.
One Case At A Time
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Author : Cass R. Sunstein
language : en
Publisher: Harvard University Press
Release Date : 2001
One Case At A Time written by Cass R. Sunstein and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
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.
The Limits Of Leviathan
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Author : Robert E. Scott
language : en
Publisher: Cambridge University Press
Release Date : 2006-08-14
The Limits Of Leviathan written by Robert E. Scott and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-08-14 with Law categories.
Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.