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Philosophy - Law and Leviathan: Redeeming the Administrative State

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Book Synopsis: Winner of the 2021 Scribes Book Award

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.

Details

Are you tired of the bureaucratic red tape? Frustrated with a government system that seems to have a mind of its own? Look no further than "Law and Leviathan: Redeeming the Administrative State" for a fresh perspective on how we can restore confidence in our government bureaucracy.

In this award-winning book, legal luminaries Cass Sunstein and Adrian Vermeule present a highly original framework that challenges the notion of the "deep state." They argue that the administrative state can be redeemed, as long as public officials are constrained by the morality of administrative law.

What is this morality, you may ask? It's a set of principles that promote transparency, accountability, and rule stability. Officials who uphold this morality ensure that rules are made with people's best interests in mind. They make sure these rules are transparent, so you know exactly what you need to comply with. They even avoid the confusion of contradictory rules. With these principles in place, the bureaucratic maze becomes more navigable and less intimidating.

But that's not all - Sunstein and Vermeule also highlight the power these principles hold. Already, they subtly limit the activities of administrative agencies every day. However, they believe we can strive for more. By embracing these principles in a stronger form, we can address the concerns raised by critics of the administrative state, who worry about the erosion of the rule of law.

If you're tired of feeling powerless in the face of bureaucracy, "Law and Leviathan" offers a glimmer of hope. Join us in rediscovering the potential of our government system and finding a balance between necessity and those yearning for change.

Ready to take the first step towards a more transparent and accountable administrative state? Learn more about "Law and Leviathan: Redeeming the Administrative State" and get your copy today.

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