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After the Rights Revolution: Reconceiving the Regulatory State by Cass R. Sunste
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- Buy it nowAfter the Rights Revolution: Reconceiving the Regulatory State by Cass R. Sunste
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Item specifics
- Condition
- ISBN-13
- 9780674009097
- Book Title
- After the Rights Revolution
- ISBN
- 9780674009097
About this product
Product Identifiers
Publisher
Harvard University Press
ISBN-10
0674009096
ISBN-13
9780674009097
eBay Product ID (ePID)
305677
Product Key Features
Number of Pages
296 Pages
Language
English
Publication Name
After the Rights Revolution : Reconceiving the Regulatory State
Subject
History & Theory, General
Publication Year
1993
Type
Textbook
Subject Area
Law, Political Science
Format
Trade Paperback
Dimensions
Item Height
0.8 in
Item Weight
15.5 Oz
Item Length
9.1 in
Item Width
6.1 in
Additional Product Features
Intended Audience
Scholarly & Professional
Dewey Edition
20
Reviews
This century has seen a 'rights' revolution, says [Sunstein]: In addition to their traditional freedoms, Americans now have a right to clean air and safe consumer products, for example. Moreover, he argues, these rights, indispensable in a modern industrial democracy, are better protected by government regulation than by private enterprise. Thinking of the deregulation-inspired Savings & Loan debacle, the reader may agree. Despite the many failures and even tyranny of government regulatory schemes, constitutional government and regulatory legislation are compatible, says Sunstein, who offers recommendations for improving the constitutional underpinnings of regulatory schemes and minimizing the dangers of bureaucratic government. This book gives regulatory law a legitimacy it seldom receives in American legal theory and political science., We all need help finding our way around the American administrative state. An important guidebook has now arrived. The publication of Cass Sunstein's After the Rights Revolution is a significant event for those interested in administrative law and regulation, as well as for those concerned with the theory of legal interpretation., In this provocative and lively book, Sunstein argues that the Reagan adminstration's vigorous attack on government regulation was misplaced, contending that government regulation is superior to the behavior of private markets...Sunstein thus offers a spirited defense of the 'rights revolution' embodied in the new social and economic regulation--from clean air and water to antidiscrimination rules--that have swept government since the New Deal, and especially since the 1960s...The result is a careful, prescriptive study positioned among theorists' visions of justice, laywers' concepts of due process, and politicians' imperatives for effective policy., Sunstein calls on courts, and the rest of us, to redeem the promise of the New Deal and Great Society. A splendid statement of the role that law can play in building a more progressive America., Cass Sunstein sets out not to bury regulation, but to save it--to save it from both its friends and its enemies. He seeks to make the regulatory state more legitimate and effective by creating a set of norms for judicial review of regulatory statutes and administrative actions, norms that emphasize efficiency and consistency and--most of all--democratic deliberation and equality., Professor Sunstein makes use of an impressive range of materials and applies to them some considerable wisdom and good judgment. After the Rights Revolution is an important statement for the 1990s., After the Rights Revolution is a powerful and provocative rethinking of regulatory jurisprudence. Cass Sunstein provides an illuminating review of how and why regulation succeeds and fails. He then offers new canons of construction that judges should use to interpret regulatory statutes in the public interest. This stimulating book is essential reading for public law and regulatory government., The analysis of statutory interpretation is the book's finest achievement. Sunstein launches a brilliant and devastating critique of interpretive theories which hold that interpretation should be a function solely of statutory text or legislative intent, and which reject any role for background norms or controversial public policy views., Sunstein should be required reading on everybody's list of public affairs books. It's already on mine, for my undergraduate as well as graduate students. The analysis is rigorous, the message is clear. The book provides the defense of regulation we have needed during the laissez faire era. Yet it gives little comfort to knee-jerk regulators. In other words, it makes a great target for folks of every persuasion., After the Rights Revolution is a thoughtful and compelling analysis of the United States welfare state and the role of courts in modern government. Sunstein argues that it is the deliberate process of government and its potential for political actors to engage in emphatic dialogue with other participants which gives democracy its emancipatory potential.
Illustrated
Yes
Dewey Decimal
344.73
Table Of Content
Introduction Regulation and Interpretation The Anachronistic Legal Culture 1. Why Regulation? A Historical Overview Public and Private Ordering 2. The Functions of Regulatory Statutes Market Failures Public-Interested Redistribution Collective Desires and Aspirations Diverse Experiences and Preference Formation Social Subordination Endogenous Preferences Irreversibility, Future Generations, Animals, and Nature Interest-Group Transfers and "Rent-Seeking" The Problem of Categorization 3. How Regulation Fails Failures in the Original Statute Implementation Failure Linking Statutory Function to Statutory Failure Paradoxes of the Regulatory State--and Reform 4. Courts, Interpretation, and Norms Flawed Approaches to Statutory Interpretation Interpretive Principles An Alternative Method 5. Interpretive Principles for the Regulatory State The Principles Priority and Harmonization Fissures in the Interpretive Community The Postcanonical Legal Universe 6. Applications, the New Deal, and Statutory Construction Particulars The New Deal and Statutory Construction Conclusion The Constitution of the Regulatory State--and Its Reform Interpreting the Regulatory State Appendix A. Interpretive Principles Appendix B. Selected Regulations in Terms of Cost Per Life Saved Appendix C. The Growth of Administrative Government Notes Index
Synopsis
In the twentieth century, American society has experienced a "rights revolution": a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries., In the twentieth century, American society has experienced a "rights revolution" a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries., This unique volume combines historical and legal analyses of hybrid tribunals, discusses the successes and shortfalls of tribunals in Sierra Leone, Kosovo, Cambodia, East Timor and Lebanon, and offers recommendations for future hybrid tribunals.
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- r***r (2947)- Feedback left by buyer.Past 6 monthsVerified purchaseBook arrived today, 2 days before deadline given by the seller. Well-packaged & in good condition. Price was very competitive, & the book was accurately listed. Great communication. I appreciate the seller getting back to me when I was having trouble tracking the book's delivery progress. Apparently there were 2 different tracking numbers - one in Canada & the other in the U.S., since it was initially shipped from Canada. Thank you very much for your quick response & helpful information.Rethinking Investing: A Very Short Guide to Very Long-Term Investing by Charles (#396183075510)
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Seller Feedback (1,052,600)
- r***r (2947)- Feedback left by buyer.Past 6 monthsVerified purchaseBook arrived today, 2 days before deadline given by the seller. Well-packaged & in good condition. Price was very competitive, & the book was accurately listed. Great communication. I appreciate the seller getting back to me when I was having trouble tracking the book's delivery progress. Apparently there were 2 different tracking numbers - one in Canada & the other in the U.S., since it was initially shipped from Canada. Thank you very much for your quick response & helpful information.Rethinking Investing: A Very Short Guide to Very Long-Term Investing by Charles (#396183075510)
- e***_ (12)- Feedback left by buyer.Past monthVerified purchaseSeller handles a massive inventory so I give them grace on the slow processing and shipping. They were very communicative and prompt with their response when I messaged in asking about it. Book was in good condition as described. Small ding on the page edges which wasn't mentioned, but that's fairly common even at your typical book store. Still a good value and I'd buy from them again.
- 6***i (875)- Feedback left by buyer.Past 6 monthsVerified purchaseThe book arrived faster than advertised and came in flawless condition since it was so well packed. The price was great and so was the seller's customer service when I contacted them with a question. I would not hesitate to buy from this seller again!