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Law s Abnegation From Law s Empire to the Administrative State 1st Edition by Adrian Vermeule ISBN 0674971442 9780674971448

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Law s Abnegation From Law s Empire to the Administrative State 1st Edition Adrian Vermeule Digital Instant Download

Author(s): Adrian Vermeule
ISBN(s): 9780674971448, 0674971442
Edition: 1
File Details: PDF, 1.70 MB
Year: 2016
Language: english
SKU: EB-6721946 Category: Tag:

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ISBN 10: 0674971442 
ISBN 13: 9780674971448
Author: Adrian Vermeule

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.

Law s Abnegation From Law s Empire to the Administrative State 1st Table of contents:

Part I: Theoretical Foundations

  1. The Concept of Law’s Empire

  2. The Limits of Legal Sovereignty

  3. The Rise of Administrative Power

Part II: Historical Development
4. From Legal Formalism to Administrative Pragmatism
5. The Expansion of the Administrative State
6. Judicial Responses to Administrative Growth

Part III: Challenges and Critiques
7. The Abnegation of Law
8. Bureaucracy and Democratic Accountability
9. Legal Reasoning in Administrative Contexts

Part IV: Contemporary Implications
10. The Role of Courts in the Administrative State
11. Administrative Law and Constitutionalism
12. Prospects for Law and Administration

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Tags: Adrian Vermeule, Law s Abnegation