Description
Book Synopsis: 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.
Details
Are you intrigued by the inner workings of the legal system? Dive into the fascinating world of law with "Law’s Abnegation: From Law’s Empire to the Administrative State". In this thought-provoking book, author Adrian Vermeule explores the evolution of law and the rise of the administrative state.
Building on the ideas of legal scholar Ronald Dworkin, Vermeule challenges the traditional notion of law as an empire controlled by judges. Instead, he argues that law has willingly embraced the administrative state, granting it the power to make important policy decisions and interpret complex statutes.
Why should you be interested in this shift? Well, it's simple. By handing over certain responsibilities to the administrative state, we are enabling democratic legitimacy and expertise to tackle the toughest challenges of our time, such as climate change, terrorism, and biotechnology.
But here's the twist - the abnegation of law wasn't forced upon it. Instead, it was a voluntary decision made by judges and lawyers who saw the advantages of allowing agencies to take the reins. This book will reveal the fascinating reasons behind this self-imposed exile and shed new light on the inner workings of our legal system.
Ready to embark on a journey into the complex web of law and governance? Discover the hidden insights of "Law’s Abnegation: From Law’s Empire to the Administrative State" and gain a deeper understanding of the shifting dynamics within our legal system.
Don't miss out on this captivating book. Grab your copy now!
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