Law’s Abnegation: From Law’s Empire to the Administrative State (Hardback)
  • Law’s Abnegation: From Law’s Empire to the Administrative State (Hardback)
zoom

Law’s Abnegation: From Law’s Empire to the Administrative State (Hardback)

(author)
£38.95
Hardback 272 Pages
Published: 14/11/2016
  • We can order this from the publisher

UK delivery within 4-5 weeks

  • This item has been added to your basket

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.

Publisher: Harvard University Press
ISBN: 9780674971448
Number of pages: 272
Dimensions: 235 x 156 mm


MEDIA REVIEWS

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. - Jerry L. Mashaw, Yale Law School

In this powerfully argued book, Vermeule shows that the administrative state, far from being ‘lawless,’ developed in accordance with the internal logic of the U.S. Constitution, and that by ‘working the law pure’ judges appropriately relegate themselves to the margins of the legal order. Both critics and supporters of the administrative state will learn much from his careful, imaginative, and non-polemical analysis. - David Dyzenhaus, University of Toronto Faculty of Law

Vermeule's knowledgeable and unapologetic account of the theoretical foundations of judicial deference to administrative agencies will unsettle those who think of Congress and the courts as the dominant institutions in our legal system. But even skeptics will have to reckon with the breadth of his erudition and the rigor and forcefulness of the arguments in this impressive book. - Ronald M. Levin, Washington University School of Law

With sophisticated but understated decision theory, political economy, legal philosophy, political science, and economics covertly lurking in the background, Vermeule relies heavily on traditional legal materials to demonstrate, convincingly, that the administrative state has grown to irreversible proportions with little constraint from the legal system. This book is essential reading not only for lawyers, but also for anyone who wishes to understand contemporary governance. - Frederick Schauer, author of The Force of Law

You may also be interested in...

Life in the UK Test: Study Guide 2024
Added to basket
Unprocessed
Added to basket
£10.99
Paperback
How Westminster Works . . . and Why It Doesn't
Added to basket
On Leadership
Added to basket
£25.00
Hardback
The Angel Makers
Added to basket
£10.99   £9.49
Paperback
The Last Colony
Added to basket
The Secret Barrister
Added to basket
Code of Conduct
Added to basket
£14.99
Hardback
Normal Women
Added to basket
£25.00   £20.99
Hardback
Desert Star
Added to basket
£9.99
Paperback
Life in the UK Test: Handbook 2024
Added to basket
Keir Starmer
Added to basket
£25.00   £19.99
Hardback
Great and Horrible News
Added to basket
The Book of Trespass
Added to basket
£9.99
Paperback
Nothing But The Truth
Added to basket
£10.99   £8.99
Paperback

Please sign in to write a review

Your review has been submitted successfully.

env: aptum
branch: