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Constraining Government (Hardcover)
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Constraining Government (Hardcover)
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Moderate government is a time-honored and cherished doctrine. It
has been considered the best solution of preventing tyranny and
anarchy alike. However, expositions of the doctrine tend either to
be entrenched by the technicalities of constitutional and public
choice theory, or to remain largely exhortative. This book aims at
providing a larger and more commonsensical defense of it. It
addresses the issue of moderation but within a broader perspective
of reflecting on how governments have developed with inherent
constraints. This offers an analysis of the Antigone and Measure
for Measure to discuss the necessary fall of tyranny, and the
problems of how to distinguish between order and disorder. It is
then argued that doing political theory is another important
constraint on governments. Even conceptions that envision an
unconstrained sort of government run into difficulties and as an
unintended consequence, confirm the soundness of the idea that
governing is an inherently constrained business. The book then
takes issue with the recently growing awareness, associated with
political realism, that governing is as much a personal as an
institutional activity. In this context, the virtue of moderation
will be discussed, and shown how it grows out of the experience of
shame, whereby we are made conscious of our limitations of control
over ourselves. Governing is to a large part about control, and as
a personal activity it preserves the centrality of shame, and the
insight that moderation is the best way to maintain effective
control without pretending to have full control. Then, the book
discusses three offices of government, traditionally considered to
be the pivotal ones: the legislator, the chief executive, and the
judge. Each will be analyzed by help of three fundamental
distinctions: normal vs exceptional times, personal vs
institutional aspects, and governing vs anti-governing. They
highlight and confirm the inherent constraints of each office.
Finally, three political conceptions of governing will be
discussed, ending with a reflection on the principle of the
separation of powers.
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