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Author: Daniel R. Ernst
Publisher:
ISBN: 0199920869
Category : Business & Economics
Languages : en
Pages : 241
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Book Description
Between 1900 and 1940, Americans confronted a puzzle: how could administrative agencies address the nation's troubles without violating individual liberty? From the close reasoning of judges, the self-interest of lawyers, and the machinations of politicians, an answer emerged. 'Judicialize' agencies' procedures, and a 'rule of lawyers' would keep America free.
Author: Daniel R. Ernst
Publisher:
ISBN: 0199920869
Category : Business & Economics
Languages : en
Pages : 241
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Book Description
Between 1900 and 1940, Americans confronted a puzzle: how could administrative agencies address the nation's troubles without violating individual liberty? From the close reasoning of judges, the self-interest of lawyers, and the machinations of politicians, an answer emerged. 'Judicialize' agencies' procedures, and a 'rule of lawyers' would keep America free.
Author: Lucien Jaume
Publisher: Princeton University Press
ISBN: 1400846722
Category : Philosophy
Languages : en
Pages : 358
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Book Description
A major intellectual biography of Toqueville that restores democracy in America to its essential context Many American readers like to regard Alexis de Tocqueville as an honorary American and democrat—as the young French aristocrat who came to early America and, enthralled by what he saw, proceeded to write an American book explaining democratic America to itself. Yet, as Lucien Jaume argues in this acclaimed intellectual biography, Democracy in America is best understood as a French book, written primarily for the French, and overwhelmingly concerned with France. "America," Jaume says, "was merely a pretext for studying modern society and the woes of France." For Tocqueville, in short, America was a mirror for France, a way for Tocqueville to write indirectly about his own society, to engage French thinkers and debates, and to come to terms with France's aristocratic legacy. By taking seriously the idea that Tocqueville's French context is essential for understanding Democracy in America, Jaume provides a powerful and surprising new interpretation of Tocqueville's book as well as a fresh intellectual and psychological portrait of the author. Situating Tocqueville in the context of the crisis of authority in postrevolutionary France, Jaume shows that Tocqueville was an ambivalent promoter of democracy, a man who tried to reconcile himself to the coming wave, but who was also nostalgic for the aristocratic world in which he was rooted—and who believed that it would be necessary to preserve aristocratic values in order to protect liberty under democracy. Indeed, Jaume argues that one of Tocqueville's most important and original ideas was to recognize that democracy posed the threat of a new and hidden form of despotism.
Author: Abraham Seldin Eisenstadt
Publisher: New Brunswick : Rutgers University Press
ISBN:
Category : History
Languages : en
Pages : 338
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Book Description
Author: Hanna Fenichel Pitkin
Publisher: University of Chicago Press
ISBN: 0226817245
Category : Philosophy
Languages : en
Pages : 374
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Book Description
"The European intellectual Hannah Arendt worried about the tendency of social structures to take on a life of their own and paralyze individual action. Pitkin . . . is determined to trace our problems to the actions of individuals. This book is thus a battle of wits. . . . [A] vivid sketch of the conflict between two basic outlooks."—Library Journal "[O]ne leaves this book feeling enriched and challenged. Pitkin prompts us to rethink our understanding of Arendt and to demythologize the pervasive sense of political helplessness Arendt herself sought so hard to articulate. . . . [A] cause for celebration."—Peter Baehr, Times Literary Supplement "[Arendt] is certainly among the most original and outstanding political theorists of the twentieth century. . . . It is difficult to imagine a hostile critic examining more effectively than Pitkin . . . Arendt's concept of the social, for hostility would inhibit the acquisition of the mastery of Arendt's texts that Pitkin displays at every turn."—Peter Berkowitz, New Republic
Author: Stephen W. Sawyer
Publisher: University of Chicago Press
ISBN: 022654463X
Category : History
Languages : en
Pages : 244
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Book Description
An intelligent, engaging, and in-depth reading of the nature of the state and the establishment of the modern political order in the mid-nineteenth century. Previous studies have covered in great detail how the modern state slowly emerged from the early Renaissance through the seventeenth century, but we know relatively little about the next great act: the birth and transformation of the modern democratic state. And in an era where our democratic institutions are rife with conflict, it’s more important now than ever to understand how our institutions came into being. Stephen W. Sawyer’s Demos Assembled provides us with a fresh, transatlantic understanding of that political order’s genesis. While the French influence on American political development is well understood, Sawyer sheds new light on the subsequent reciprocal influence that American thinkers and politicians had on the establishment of post-revolutionary regimes in France. He argues that the emergence of the stable Third Republic (1870–1940), which is typically said to have been driven by idiosyncratic internal factors, was in fact a deeply transnational, dynamic phenomenon. Sawyer’s findings reach beyond their historical moment, speaking broadly to conceptions of state formation: how contingent claims to authority, whether grounded in violence or appeals to reason and common cause, take form as stateness.
Author: Catherine Marshall
Publisher: Bloomsbury Publishing
ISBN: 150997508X
Category : Law
Languages : en
Pages : 428
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Book Description
This book reassesses AV Dicey's legacy in political and legal thought through the reflections of leading scholars who consider his importance not only in today's British constitutional and legal culture but also in other foreign constitutional cultures. Every student in law and in politics, every law faculty and most legal practitioners in the world are aware of who Albert Venn Dicey (1835–1922) was and what he wrote. Yet, this fame does not mean that Dicey's legacy is not controversial and debated in the present world. This book considers why Dicey's late Victorian constitutional and political thinking is still alive. In spite of all the transformations that have taken place in public law in the UK in the last hundred years, the book argues that Dicey managed to grasp and to crystallise something of the British political identity and culture. Hence the long-lasting fire-power of his constitutional and political thinking. The book also considers that there is something even more prescient in Dicey's writings, for the UK but also for countries that have adopted his understanding of the rule of law and/or of parliamentary government. Dicey identified one of the most fundamental political issues at stake: the nature of the relationship between public law and democracy. The book looks closely at the alliance between public law and democratic spirit. This alliance needs to be reassessed from a legal, historical and comparative perspective. This edited collection, gathering authors from different countries, from various legal systems and from diverse backgrounds, tackles this task.
Author: Michael A. Ledeen
Publisher: Truman Talley Books
ISBN: 0312274513
Category : History
Languages : en
Pages : 206
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Book Description
In 1831, Alexis De Tocqueville, a twenty-six-year-old French aristocrat, spent nine months travelling across the United States. From the East Coast to the frontier, from the Canadian border to New Orleans, Tocqueville observed the American people and the revolutionary country they'd created. His celebrated Democracy in America, the most quoted work on America ever written, presented the new Americans with a degree of understanding no one had accomplished before or has since. Astonished at the pace of daily life and stimulated by people at all levels of society, Tocqueville recognized that Americans were driven by a series of internal conflicts: simultaneously religious and materialistic; individualistic and yet deeply involved in community affairs; isolationist and interventionist; pragmatic and ideological. Noted author Michael Ledeen takes a fresh look at Tocqueville's insights into our national psyche and asks whether Americans' national character, which Tocqueville believed to be wholly admirable, has fallen into moral decay and religious indifference. Michael Ledeen's sparkling new exploration has some surprising answers and provides a lively new look at a time when character is at the center of our national debate.
Author: David Cohen
Publisher: Macmillan
ISBN: 1429972254
Category : Political Science
Languages : en
Pages : 340
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Book Description
In 1831, Alexis de Tocqueville his journey to America, traveling from New York to the frontier city of Flint, Michigan, down the Ohio River Valley and into Mississippi, then turning east through the Old South and concluding in Washington, D.C. His journey spawned the classic Democracy in America, the book that defined "equality of opportunity" as the wellspring national character. At the end of the twentieth century, journalist David Cohen made that same journey, with one new destination—the frontier of Silicon Valley in California. Chasing the Red, White, and Blue is his account: a thought-provoking inquiry into the lives of Americans today. Talking with people at every level of society—from Manhattan real estate brokers and Washington lobbyists to supermarket clerks and illegal aliens—Cohen finds equality elusive and the poor increasingly adrift from American society. But he also finds hope alive in the most unexpected of places. Just as Democracy in America took the measure of our young republic, Chasing the Red, White, and Blue portrays a much-changed America on the cusp of a new millennium: still united by our passion for democracy, yet divided by our prejudices.
Author: Harvard Law Review
Publisher: Quid Pro Books
ISBN: 1610278135
Category : Law
Languages : en
Pages : 344
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Book Description
The January 2016 issue, Number 3, features these contents: • Article, "Presidential Intelligence," by Samuel J. Rascoff • Book Review, "The Struggle for Administrative Legitimacy," by Jeremy K. Kessler (on Daniel Ernst's book about the administrative state) • Note, "Existence-Value Standing" • Note, "Rethinking Closely Regulated Industries" In addition, student commentary analyzes Recent Cases on compelled disclosures in commercial speech; due process notice of procedures to challenge a local ordinance; standing after liquidation actions taken under Dodd-Frank; exaction and takings by acquiring equity shares in AIG; religious liberty after Hobby Lobby; bias-intimidation laws and mens rea; and whether document production is the 'practice of law' under labor law. The issue includes analysis of a Recent Court Filing by the DOJ supporting a meaningful juvenile right to counsel. Finally, the issue includes comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the third issue of academic year 2015-2016.
Author: Adrian Vermeule
Publisher: Harvard University Press
ISBN: 0674974719
Category : Law
Languages : en
Pages : 267
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Book Description
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.
