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

Law and Leviathan

Redeeming the Administrative State

Add to Cart

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.

Recent News

Black lives matter. Black voices matter. A statement from HUP »

From Our Blog

Jacket: Liner Notes for the Revolution: The Intellectual Life of Black Feminist Sound, by Daphne A. Brooks, from Harvard University Press

“Everything I Wanted”: Black Women Listeners and the High Fidelity Culture of Taste-Making

Daphne A. Brooks, author of Liner Notes for the Revolution: The Intellectual Life of Black Feminist Sound, praises Hulu’s High Fidelity series, whose main characters are creative, intelligent Black women who are passionate about music and confident in their tastes and opinions. Where are the other shows like it?