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.
Les mer
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.
Les mer
Law's Abnegation is a theoretically informed, analytically rigorous, and, above all, lawyerly interpretation of the law of the modern administrative state. But it is much more than that. Vermeule also brilliantly deconstructs confused and myopic alternative accounts and, most importantly, demonstrates how legal doctrine really works from an internal perspective. Built on the foundation of cases familiar to most administrative lawyers, his analysis is nevertheless revelatory concerning the field's core commitments, why those commitments make sense, and how they cohere across a wide range of seemingly disparate topics.
Les mer

Produktdetaljer

ISBN
9780674971448
Publisert
2016-11-14
Utgiver
Vendor
Harvard University Press
Høyde
235 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet

Forfatter

Biographical note

Adrian Vermeule is Ralph S. Tyler, Jr., Professor of Constitutional Law at Harvard Law School. His many books include Law’s Abnegation: From Law’s Empire to the Administrative State (Harvard) and The Constitution of Risk.