State Absolutism and the Rule of Law
Author: Henry E. Strakosch
Publisher:
Published: 1967
Total Pages: 292
ISBN-13:
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Leviathan
Author: Thomas Hobbes
Publisher: Courier Corporation
Published: 2012-10-03
Total Pages: 418
ISBN-13: 048612214X
DOWNLOAD EBOOKWritten 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.
Is Administrative Law Unlawful?
Author: Philip Hamburger
Publisher: University of Chicago Press
Published: 2014-05-27
Total Pages: 646
ISBN-13: 022611645X
DOWNLOAD EBOOK“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
A History of Law in Europe
Author: Antonio Padoa-Schioppa
Publisher: Cambridge University Press
Published: 2017-08-03
Total Pages: 823
ISBN-13: 1107180694
DOWNLOAD EBOOKThe first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
Science and the State
Author: John Gascoigne
Publisher: Cambridge University Press
Published: 2019-03-21
Total Pages: 265
ISBN-13: 1107155673
DOWNLOAD EBOOKThe first historical overview of the partnership between science and the state from the Scientific Revolution to World War II.
Law and Leviathan
Author: Cass R. Sunstein
Publisher: Belknap Press
Published: 2020-09-15
Total Pages: 209
ISBN-13: 0674247531
DOWNLOAD EBOOKWinner 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
The State and the Rule of Law
Author: Blandine Kriegel
Publisher: Princeton University Press
Published: 1995-10-16
Total Pages: 190
ISBN-13: 1400821762
DOWNLOAD EBOOKBlandine Kriegel, at one time a collaborator with Michel Foucault, is one of France's foremost political theorists. This translation of her celebrated work L'Etat et les esclaves makes available for English-speaking readers her impassioned defense of the state. Published in France in 1979 and republished in 1989, this work challenged not only the anti-statism of the 1960s but also generations of romanticism in politics that, in Kriegel's view, inadvertently threatened the cause of liberty by refusing to distinguish between the despotic and the lawful state. In a work that addresses the urgent concerns of Europe and the contemporary world as a whole, Kriegel examines the background of modern liberal democracy in the late seventeenth and eighteenth centuries and argues cogently for the future of constitutional social-democracy. She maintains, among other positions, that European liberal democracies would have been impossible without the political basis provided by the lawful state first developed by monarchies. She also shows that early modern centralized states became liberal insofar as they developed a centralized legal system, rather than a centralized administration. In developing these ideas, she presents a picture of the state as a major force for human liberty.
Bureaucratic Justice
Author: Jerry L. Mashaw
Publisher: Yale University Press
Published: 1983-01-01
Total Pages: 260
ISBN-13: 9780300034035
DOWNLOAD EBOOKAnyone 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
The True Law of Free Monarchies
Author: James I (King of England)
Publisher: Centre for Reformation and Renaissance Studies
Published: 1996
Total Pages: 196
ISBN-13: 9780969751267
DOWNLOAD EBOOKAbsolute Monarchy and the Stuart Constitution
Author: Glenn Burgess
Publisher: Yale University Press
Published: 1996-01-01
Total Pages: 252
ISBN-13: 9780300065329
DOWNLOAD EBOOKThe long-accepted standard view is that the gradual polarization of Court and Parliament during the reigns of James I and Charles I reflected the split between absolutists (who upheld the divine right of the monarchy to rule) and constitutionalists (who resisted tyranny by insisting the monarch was subject to law) and resulted inevitably in civil war.
