Cover: Law and Leviathan: Redeeming the Administrative State, from Harvard University PressCover: Law and Leviathan in HARDCOVER

Law and Leviathan

Redeeming the Administrative State

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Product Details

HARDCOVER

$25.95 • £20.95 • €23.50

ISBN 9780674247536

Publication Date: 09/15/2020

Academic Trade

208 pages

5 x 7-1/2 inches

Belknap Press

World

On WBUR (Boston, MA)’s Here & Now, listen to Cass Sunstein and Adrian Vermeule defend the constitutionality of federal bureaucracy (and read a brief excerpt from Law and Leviathan):

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.

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Jacket: An Inquiry into Modes of Existence: An Anthropology of the Moderns, by Bruno Latour, translated by Catherine Porter, from Harvard University Press

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In awarding Bruno Latour the 2021 Kyoto Prize for Arts and Philosophy, the Inamori Foundation said he has “revolutionized the conventional view of science” and “his philosophy re-examines ‘modernity’ based on the dualism of nature and society.” Below is an excerpt from An Inquiry into Modes of Existence: An Anthropology of the Moderns. For more than twenty years, scientific and technological controversies have proliferated in number and scope, eventually reaching the climate itself. Since geologists are beginning to use the term “Anthropocene” to designate the era of Earth’s history that follows the Holocene