A01=Edward L. Rubin
Adjudication
Author_Edward L. Rubin
Authorization
Category=JPA
Cause of action
Civil society
Common law
Communitarianism
Concurrence
Consent of the governed
Consideration
Deliberation
Disadvantage
Discretion
Divine law
Dominium
Due process
Due Process Clause
Election
Eminent domain
eq_bestseller
eq_isMigrated=0
eq_isMigrated=1
eq_isMigrated=2
eq_nobargain
eq_non-fiction
eq_society-politics
Ex post facto law
Externality
Freedom of speech
Governance
Government agency
Ideal type
Implementation
Institution
International News Service v. Associated Press
Judiciary
Legal formalism
Legislation
Legislator
Legislature
Legitimacy (political)
Mixed government
Morality
Multitude
Natural and legal rights
Necessity
Obedience (human behavior)
Original intent
Ownership
Political philosophy
Political science
Politics
Positivism
Procedural due process
Public morality
Public policy
Recommendation (European Union)
Regulation
Requirement
Result
Right to property
Rule of law
Self-interest
Separation of powers
Slavery
Social contract
State (polity)
State of nature
Statute
Substantive due process
Taking Rights Seriously
Tax
The Administrative State
The Concept of Law
Theory
Thought experiment
Vassal
Veil of ignorance
Product details
- ISBN 9780691133973
- Weight: 709g
- Dimensions: 152 x 235mm
- Publication Date: 16 Sep 2007
- Publisher: Princeton University Press
- Publication City/Country: US
- Product Form: Paperback
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This book argues that many of the basic concepts that we use to describe and analyze our governmental system are out of date. Developed in large part during the Middle Ages, they fail to confront the administrative character of modern government. These concepts, which include power, discretion, democracy, legitimacy, law, rights, and property, bear the indelible imprint of this bygone era's attitudes, and Arthurian fantasies, about governance. As a result, they fail to provide us with the tools we need to understand, critique, and improve the government we actually possess. Beyond Camelot explains the causes and character of this failure, and then proposes a new conceptual framework, drawn from management science and engineering, which describes our administrative government more accurately, and identifies its weaknesses instead of merely bemoaning its modernity. This book's proposed framework envisions government as a network of connected units that are authorized by superior units and that supervise subordinate ones.
Instead of using inherited, emotion-laden concepts like democracy and legitimacy to describe the relationship between these units and private citizens, it directs attention to the particular interactions between these units and the citizenry, and to the mechanisms by which government obtains its citizens' compliance. Instead of speaking about law and legal rights, it proposes that we address the way that the modern state formulates policy and secures its implementation. Instead of perpetuating outdated ideas that we no longer really believe about the sanctity of private property, it suggests that we focus on the way that resources are allocated in order to establish markets as our means of regulation. Highly readable, Beyond Camelot offers an insightful and provocative discussion of how we must transform our understanding of government to keep pace with the transformation that government itself has undergone.
Edward L. Rubin is dean of Vanderbilt University Law School. He is the author of "Judicial Policymaking and the Modern State: How the Courts Reformed America's Prisons and Federalism: A Theoretical Inquiry", both with Malcolm Feeley. He has served as a legal consultant to the Russian Federation and the People's Republic of China.
