Law and Leviathan by Cass R. Sunstein audiobook

Law and Leviathan: Redeeming the Administrative State

By Cass R. Sunstein  and Adrian Vermeule
Read by Mike Chamberlain

Tantor Audio
4.95 Hours 1
Format : CD (In Stock)
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    ISBN: 9798200200177

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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.

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Summary

Summary

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.

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Author

Author Bio: Cass R. Sunstein

Author Bio: Cass R. Sunstein

Cass Sunstein is the Robert Walmsley University Professor at Harvard and the founder and director of the university’s program on behavioral economics and public policy. He is a columnist for the website Bloomberg View, a frequent congressional witness, and an informal advisor to many public officials at all levels of government. He has served as administrator of the White House Office of Information and Regulatory Affairs, as a member of the President’s Review Group on Intelligence and Communications Technologies, and as an attorney-advisor in the Department of Justice. His many books include the bestseller Nudge, with Richard H. Thaler; Simpler: The Future of Government; and Republic.com.

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Author Bio: Adrian Vermeule

Author Bio: Adrian Vermeule

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Details

Details

Available Formats : CD, MP3 CD
Category: Nonfiction/Law
Runtime: 4.95
Audience: Adult
Language: English