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Books > Law > Jurisprudence & general issues > Legal history
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Law's Abnegation - From Law's Empire to the Administrative State (Hardcover)
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Law's Abnegation - From Law's Empire to the Administrative State (Hardcover)
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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.
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