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Irrealism in Ethics (Ratio Special Issues)
by Bart StreumerIrrealism in Ethics presents a collection of six original essays contributed by prominent moral philosophers that address various forms of the philosophical position of ethical irrealism. Addresses various forms of the philosophical position of ethical irrealism Presents arguments both for and against the two major versions of ethical irrealism—the error theory and expressivism Offers innovative new arguments on topics relating to ethical irrealism Features original contributions from internationally prominent moral philosophers
Irrealism in Ethics (Ratio Special Issues)
by Bart StreumerIrrealism in Ethics presents a collection of six original essays contributed by prominent moral philosophers that address various forms of the philosophical position of ethical irrealism. Addresses various forms of the philosophical position of ethical irrealism Presents arguments both for and against the two major versions of ethical irrealism—the error theory and expressivism Offers innovative new arguments on topics relating to ethical irrealism Features original contributions from internationally prominent moral philosophers
Irreconcilable Differences? A Learning Resource For Jews And Christians
by David SandmelWritten by Jewish and Christian educators for use by college and adult learners, this volume explores eight basic questions that lie at the core of both traditions and that can serve as a bridge for understanding. Among the questions are: Do Jews and Christians worship the same God? Do Jews and Christians read the Bible the same way? What is the place of the land of Israel for Jews and Christians? Are the irreconcilable differences between Christians and Jews a blessing, a curse, or both? Each chapter includes discussion questions.
Irreconcilable Differences? A Learning Resource For Jews And Christians: A Learning Resource For Jews And Christians
by David SandmelWritten by Jewish and Christian educators for use by college and adult learners, this volume explores eight basic questions that lie at the core of both traditions and that can serve as a bridge for understanding. Among the questions are: Do Jews and Christians worship the same God? Do Jews and Christians read the Bible the same way? What is the place of the land of Israel for Jews and Christians? Are the irreconcilable differences between Christians and Jews a blessing, a curse, or both? Each chapter includes discussion questions.
The Irreducible Reality of the Object: Phenomenological and Speculative Theories of Equipmentality (SpringerBriefs in Philosophy)
by Charles William JohnsThis intriguing and compact book investigates whether or not philosophy can have a use in the face of ‘capitalist realism’ today. Can philosophy study everyday objects like computers and mobile phones? Can it think of advertising, the population, electricity, buildings and even dreams as ‘objects’ in their own right, which convey particular and novel qualities when analysed?Johns’ book starts from an immanent phenomenological study of objects, arguing that such objects disclose larger systems of anthropological meaning and control. The author moves away from the Husserlian ‘essence’ of the object and embeds his objects in a series of ‘uses’ (or ‘equipment’ as Heidegger called it). However, Johns makes a speculative move by positing the very existence of such ‘uses’ distinct from the human and first person phenomenological consciousness. This is when the annals of phenomenology meet contemporary strands of realism such as Speculative and Object Oriented models. For Johns, the world is in a constant state of being utilised, not merely through humans but through objects and their relations, and not only on a macro scale but on a micro scale (described by the theories of quantum physics).The object then becomes a locus of use, yet, importantly, one that can never be reduced to relations alone. This is because the author believes that certain aspects of a relation withholds itself in its act of relating. The mutual dynamics of relation and property are thus rearticulated in a new light. This novel description of relation places Johns squarely between relational ontologies (such as Deleuze, Latour and Garcia) and non-relational ontologies (Harman).This work is invaluable to researchers and any reader of contemporary philosophy in the age of advanced technology and capitalism.
Irregular Negatives, Implicatures, and Idioms: Beyond Implicature And Explicature Theories (Perspectives in Pragmatics, Philosophy & Psychology #6)
by Wayne A. DavisThe author integrates, expands, and deepens his previous publications about irregular (or “metalinguistic”) negations. A total of ten distinct negatives—several previously unclassified—are analyzed. The logically irregular negations deny different implicatures of their root. All are partially non-compositional but completely conventional.The author argues that two of the irregular negative meanings are implicatures. The others are semantically rather than pragmatically ambiguous. Since their ambiguity is neither lexical nor structural, direct irregular negatives satisfy the standard definition of idioms as syntactically complex expressions whose meaning is non-compositional. Unlike stereotypical idioms, idiomatic negatives lack fixed syntactic forms and are highly compositional. The final chapter analyzes other “free form” idioms, including irregular interrogatives and comparatives, self-restricted verb phrases, numerical verb phrases, and transparent propositional attitude and speech act reports.
Irrepressible Truth: On Lacan’s ‘The Freudian Thing’ (The Palgrave Lacan Series)
by Adrian JohnstonThis book offers readers a uniquely detailed engagement with the ideas of legendary French psychoanalyst Jacques Lacan. The Freudian Thing is one of Lacan’s most important texts, wherein he explains the significance and stakes of his “return to Freud” as a passionate defence of Freud’s disturbing, epoch-making discovery of the unconscious, against misrepresentations and criticisms of it. However, Lacan is characteristically cryptic in The Freudian Thing. The combination of his writing style and vast range of references renders much of his thinking inaccessible to all but a narrow circle of scholarly specialists. Johnston’s Irrepressible Truth opens up the universe of Lacanian psychoanalysis to much wider audiences by furnishing a sentence-by-sentence interpretive unpacking of this pivotal 1955 essay. In so doing, Johnston reveals the precision, rigor, and soundness of Lacan’s teachings.
Irreverence and the Sacred: Critical Studies in the History of Religions
by Hugh B. Urban and Greg JohnsonIrreverence and the Sacred brings together some of the most cutting edge, interdisciplinary, and international scholars working today in order to debate key issues in the critical and comparative study of religion. The project is inspired in large part by the work of Bruce Lincoln, whose influential and wide-ranging scholarship has consistently posed challenging, provocative, and often-irreverent questions that have really pushed the boundaries of the field of religious studies in important, sometimes controversial ways. Retracing the history of the discipline of religious studies, Lincoln argues that the field has tended to champion a "validating, feel-good" approach to religion, rather than posing more critical questions about religious claims to authority and their role in history, politics, and social change. A critical approach to the history of religions, he suggests, would focus on the human, temporal, and material aspects of phenomena that are claimed to have a superhuman, eternal, or transcendent status. This volume takes up Lincoln's challenge to "do better," by engaging in critical analyses of four key themes in the study of religion: myth, ritual, gender, and politics. The book also interrogates the "politics of scholarship" itself, critically examining the relations of power and material interests at work in the study as well as the practice of religion. The scholars involved in this project include not only some of the most important figures in the American study of religion--such as Wendy Doniger, Russell McCutcheon, Ivan Strenski, and Lincoln himself--but also European scholars whose work is hugely influential overseas but not as well known in the U.S.--such as Stefan Arvidsson, Claude Calame, Nicolas Meylan, and others.
Irreverence and the Sacred: Critical Studies in the History of Religions
Irreverence and the Sacred brings together some of the most cutting edge, interdisciplinary, and international scholars working today in order to debate key issues in the critical and comparative study of religion. The project is inspired in large part by the work of Bruce Lincoln, whose influential and wide-ranging scholarship has consistently posed challenging, provocative, and often-irreverent questions that have really pushed the boundaries of the field of religious studies in important, sometimes controversial ways. Retracing the history of the discipline of religious studies, Lincoln argues that the field has tended to champion a "validating, feel-good" approach to religion, rather than posing more critical questions about religious claims to authority and their role in history, politics, and social change. A critical approach to the history of religions, he suggests, would focus on the human, temporal, and material aspects of phenomena that are claimed to have a superhuman, eternal, or transcendent status. This volume takes up Lincoln's challenge to "do better," by engaging in critical analyses of four key themes in the study of religion: myth, ritual, gender, and politics. The book also interrogates the "politics of scholarship" itself, critically examining the relations of power and material interests at work in the study as well as the practice of religion. The scholars involved in this project include not only some of the most important figures in the American study of religion--such as Wendy Doniger, Russell McCutcheon, Ivan Strenski, and Lincoln himself--but also European scholars whose work is hugely influential overseas but not as well known in the U.S.--such as Stefan Arvidsson, Claude Calame, Nicolas Meylan, and others.
Irrevocable: A Philosophy of Mortality
by Alphonso LingisIn his latest book, the prolific writer and thinker Alphonso Lingis brings interdisciplinarity and lyrical philosophizing to the weight of reality, the weight of things, and the weight of life itself. Drawing from philosophy, anthropology, psychology, religion, and science, Lingis seeks to uncover what in our reality escapes our attempts at measuring and categorizing. Writing as much from his own experiences and those of others as from his longstanding engagement with phenomenology and existentialism, Irrevocable studies the world in which shadows, reflections, halos, and reverberations count as much as the carpentry of things. Whether describing religious art and ritual, suffering, war and disease, the pleasures of love, the wonders of nature, archaeological findings, surfing, volcanoes, or jellyfish, Lingis writes with equal measures of rigor and abandon about the vicissitudes of our practices and beliefs. Knowing that birth, the essential encounters in our lives, crippling diseases and accidents, and even death are all determined by chance, how do we recognize and understand such chance? After facing tragedies, what makes it possible to live on while recognizing our irrevocable losses? Lingis’s investigations are accompanied by his own vivid photographs from around the world. Balancing the local and the global, and ranging across vast expanses of culture and time, Irrevocable sounds the depths of both our passions and our impassioned bodies and minds.
Irrevocable: A Philosophy of Mortality
by Alphonso LingisIn his latest book, the prolific writer and thinker Alphonso Lingis brings interdisciplinarity and lyrical philosophizing to the weight of reality, the weight of things, and the weight of life itself. Drawing from philosophy, anthropology, psychology, religion, and science, Lingis seeks to uncover what in our reality escapes our attempts at measuring and categorizing. Writing as much from his own experiences and those of others as from his longstanding engagement with phenomenology and existentialism, Irrevocable studies the world in which shadows, reflections, halos, and reverberations count as much as the carpentry of things. Whether describing religious art and ritual, suffering, war and disease, the pleasures of love, the wonders of nature, archaeological findings, surfing, volcanoes, or jellyfish, Lingis writes with equal measures of rigor and abandon about the vicissitudes of our practices and beliefs. Knowing that birth, the essential encounters in our lives, crippling diseases and accidents, and even death are all determined by chance, how do we recognize and understand such chance? After facing tragedies, what makes it possible to live on while recognizing our irrevocable losses? Lingis’s investigations are accompanied by his own vivid photographs from around the world. Balancing the local and the global, and ranging across vast expanses of culture and time, Irrevocable sounds the depths of both our passions and our impassioned bodies and minds.
Irrevocable: A Philosophy of Mortality
by Alphonso LingisIn his latest book, the prolific writer and thinker Alphonso Lingis brings interdisciplinarity and lyrical philosophizing to the weight of reality, the weight of things, and the weight of life itself. Drawing from philosophy, anthropology, psychology, religion, and science, Lingis seeks to uncover what in our reality escapes our attempts at measuring and categorizing. Writing as much from his own experiences and those of others as from his longstanding engagement with phenomenology and existentialism, Irrevocable studies the world in which shadows, reflections, halos, and reverberations count as much as the carpentry of things. Whether describing religious art and ritual, suffering, war and disease, the pleasures of love, the wonders of nature, archaeological findings, surfing, volcanoes, or jellyfish, Lingis writes with equal measures of rigor and abandon about the vicissitudes of our practices and beliefs. Knowing that birth, the essential encounters in our lives, crippling diseases and accidents, and even death are all determined by chance, how do we recognize and understand such chance? After facing tragedies, what makes it possible to live on while recognizing our irrevocable losses? Lingis’s investigations are accompanied by his own vivid photographs from around the world. Balancing the local and the global, and ranging across vast expanses of culture and time, Irrevocable sounds the depths of both our passions and our impassioned bodies and minds.
Irrevocable: A Philosophy of Mortality
by Alphonso LingisIn his latest book, the prolific writer and thinker Alphonso Lingis brings interdisciplinarity and lyrical philosophizing to the weight of reality, the weight of things, and the weight of life itself. Drawing from philosophy, anthropology, psychology, religion, and science, Lingis seeks to uncover what in our reality escapes our attempts at measuring and categorizing. Writing as much from his own experiences and those of others as from his longstanding engagement with phenomenology and existentialism, Irrevocable studies the world in which shadows, reflections, halos, and reverberations count as much as the carpentry of things. Whether describing religious art and ritual, suffering, war and disease, the pleasures of love, the wonders of nature, archaeological findings, surfing, volcanoes, or jellyfish, Lingis writes with equal measures of rigor and abandon about the vicissitudes of our practices and beliefs. Knowing that birth, the essential encounters in our lives, crippling diseases and accidents, and even death are all determined by chance, how do we recognize and understand such chance? After facing tragedies, what makes it possible to live on while recognizing our irrevocable losses? Lingis’s investigations are accompanied by his own vivid photographs from around the world. Balancing the local and the global, and ranging across vast expanses of culture and time, Irrevocable sounds the depths of both our passions and our impassioned bodies and minds.
Irrevocable: A Philosophy of Mortality
by Alphonso LingisIn his latest book, the prolific writer and thinker Alphonso Lingis brings interdisciplinarity and lyrical philosophizing to the weight of reality, the weight of things, and the weight of life itself. Drawing from philosophy, anthropology, psychology, religion, and science, Lingis seeks to uncover what in our reality escapes our attempts at measuring and categorizing. Writing as much from his own experiences and those of others as from his longstanding engagement with phenomenology and existentialism, Irrevocable studies the world in which shadows, reflections, halos, and reverberations count as much as the carpentry of things. Whether describing religious art and ritual, suffering, war and disease, the pleasures of love, the wonders of nature, archaeological findings, surfing, volcanoes, or jellyfish, Lingis writes with equal measures of rigor and abandon about the vicissitudes of our practices and beliefs. Knowing that birth, the essential encounters in our lives, crippling diseases and accidents, and even death are all determined by chance, how do we recognize and understand such chance? After facing tragedies, what makes it possible to live on while recognizing our irrevocable losses? Lingis’s investigations are accompanied by his own vivid photographs from around the world. Balancing the local and the global, and ranging across vast expanses of culture and time, Irrevocable sounds the depths of both our passions and our impassioned bodies and minds.
Irrevocable: A Philosophy of Mortality
by Alphonso LingisIn his latest book, the prolific writer and thinker Alphonso Lingis brings interdisciplinarity and lyrical philosophizing to the weight of reality, the weight of things, and the weight of life itself. Drawing from philosophy, anthropology, psychology, religion, and science, Lingis seeks to uncover what in our reality escapes our attempts at measuring and categorizing. Writing as much from his own experiences and those of others as from his longstanding engagement with phenomenology and existentialism, Irrevocable studies the world in which shadows, reflections, halos, and reverberations count as much as the carpentry of things. Whether describing religious art and ritual, suffering, war and disease, the pleasures of love, the wonders of nature, archaeological findings, surfing, volcanoes, or jellyfish, Lingis writes with equal measures of rigor and abandon about the vicissitudes of our practices and beliefs. Knowing that birth, the essential encounters in our lives, crippling diseases and accidents, and even death are all determined by chance, how do we recognize and understand such chance? After facing tragedies, what makes it possible to live on while recognizing our irrevocable losses? Lingis’s investigations are accompanied by his own vivid photographs from around the world. Balancing the local and the global, and ranging across vast expanses of culture and time, Irrevocable sounds the depths of both our passions and our impassioned bodies and minds.
Irritierte Ordnung. Moderne Politik: Politische Ökonomie der Governance
by Birger P. PriddatIm modernen Staat werden Rechte an Pflichten und konkrete Verantwortlichkeiten gekoppelt. Der Staat ist weder generalverantwortlich noch der Mülleimer der Nation. Sozialer Wert entsteht dort neu, wo Verantwortung ausgeübt wird - zumindest als Tensor für erweiterte Handlungsspielräume: Verantwortung zu ent-delegieren, selber zu übernehmen, in Public-Private-Partnerships, ist eine neue Dimension - die Politik in die Politik zurück bringen.
Irving Babbitt, Literature and the Democratic Culture
by Milton HindusThis is a sustained inquiry into the thought of the influential scholar and critic Irving Babbitt (1865-1933), intellectual leader of the movement known as the New Humanism. Milton Hindus considers the subjects that most interested Babbitt: ethics, literature, education, and social and political conservatism in the United States. In their most general sense, his concerns were man and his nature as the root of all social order. For Babbitt, efforts to improve social conditions must begin and end with the individual human being.In rejecting notions that society is primarily responsible for moral deficiencies in the individual, or that the individual is bom good only to be corrupted by society, Babbitt places responsibility squarely with the individual. As Hindus shows, Babbitt sees human beings as a mixture of good and evil impulses, shaped by what he called "the inner check." Virtue is thus a result of self-discipline, reinforced and confirmed by habit.Babbitt's thinking, emphasizing as it does proven values and accepted wisdom, calls upon us to advance ourselves by rediscovery of the lessons of the past. Hindus demonstrates that Babbitt has much to offer us as we consider contemporary social and political issues. In contrast to those who emphasize avant-garde postures and fashionable ideologies, as well as those conservative followers of outdated theories and dead-end formulas, Babbitt's reinvigorating spirit inspires new insights.Although there have been a number of studies of Irving Babbitt and the New Humanism, Hindus is singular in his combination of detailed consideration of a number of Babbitt's books with his own essays on contemporary issues, approached in what Hindus calls a Babbitian spirit. Like Babbitt's own writings, this book is addressed to the general reader. It will be of particular importance to teachers of comparative literature and those interested in the connections between literature and social thought and philosophy.
Irving Babbitt, Literature and the Democratic Culture
This is a sustained inquiry into the thought of the influential scholar and critic Irving Babbitt (1865-1933), intellectual leader of the movement known as the New Humanism. Milton Hindus considers the subjects that most interested Babbitt: ethics, literature, education, and social and political conservatism in the United States. In their most general sense, his concerns were man and his nature as the root of all social order. For Babbitt, efforts to improve social conditions must begin and end with the individual human being.In rejecting notions that society is primarily responsible for moral deficiencies in the individual, or that the individual is bom good only to be corrupted by society, Babbitt places responsibility squarely with the individual. As Hindus shows, Babbitt sees human beings as a mixture of good and evil impulses, shaped by what he called "the inner check." Virtue is thus a result of self-discipline, reinforced and confirmed by habit.Babbitt's thinking, emphasizing as it does proven values and accepted wisdom, calls upon us to advance ourselves by rediscovery of the lessons of the past. Hindus demonstrates that Babbitt has much to offer us as we consider contemporary social and political issues. In contrast to those who emphasize avant-garde postures and fashionable ideologies, as well as those conservative followers of outdated theories and dead-end formulas, Babbitt's reinvigorating spirit inspires new insights.Although there have been a number of studies of Irving Babbitt and the New Humanism, Hindus is singular in his combination of detailed consideration of a number of Babbitt's books with his own essays on contemporary issues, approached in what Hindus calls a Babbitian spirit. Like Babbitt's own writings, this book is addressed to the general reader. It will be of particular importance to teachers of comparative literature and those interested in the connections between literature and social thought and philosophy.
Is a Good God Logically Possible?
by James P. SterbaUsing yet untapped resources from moral and political philosophy, this book seeks to answer the question of whether an all good God who is presumed to be all powerful is logically compatible with the degree and amount of moral and natural evil that exists in our world. It is widely held by theists and atheists alike that it may be logically impossible for an all good, all powerful God to create a world with moral agents like ourselves that does not also have at least some moral evil in it. James P. Sterba focuses on the further question of whether God is logically compatible with the degree and amount of moral and natural evil that exists in our world. The negative answer he provides marks a new stage in the age-old debate about God's existence.
Is a Little Pollution Good for You?: Incorporating Societal Values in Environmental Research (Environmental Ethics and Science Policy Series)
by Kevin C. ElliottCould low-level exposure to polluting chemicals be analogous to exercise -- a beneficial source of stress that strengthens the body? Some scientists studying the phenomenon of hormesis (beneficial or stimulatory effects caused by low-dose exposure to toxic substances) claim that that this may be the case. Is A Little Pollution Good For You? critically examines the current evidence for hormesis. In the process, it highlights the range of methodological and interpretive judgments involved in environmental research: choices about what questions to ask and how to study them, decisions about how to categorize and describe new information, judgments about how to interpret and evaluate ambiguous evidence, and questions about how to formulate public policy in response to debated scientific findings. The book also uncovers the ways that interest groups with deep pockets attempt to influence these scientific judgments for their benefit. Several chapters suggest ways to counter these influences and incorporate a broader array of societal values in environmental research: (1) moving beyond conflict-of-interest policies to develop new ways of safeguarding academic research from potential biases; (2) creating deliberative forums in which multiple stakeholders can discuss the judgments involved in policy-relevant research; and (3) developing ethical guidelines that can assist scientific experts in disseminating debated and controversial phenomena to the public. Kevin C. Elliott illustrates these strategies in the hormesis case, as well as in two additional case studies involving contemporary environmental research: endocrine disruption and multiple chemical sensitivity. This book should be of interest to a wide variety of readers, including scientists, philosophers, policy makers, environmental ethicists and activists, research ethicists, industry leaders, and concerned citizens.
Is Administrative Law Unlawful?
by Philip HamburgerIs administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Is Administrative Law Unlawful?
by Philip HamburgerIs administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Is Administrative Law Unlawful?
by Philip HamburgerIs administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Is Administrative Law Unlawful?
by Philip HamburgerIs administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Is Administrative Law Unlawful?
by Philip HamburgerIs administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.