Description
This book addressees a timely and fundamental problematic: the gap between the aims that people attempt to realize democratically and the law and administrative practices that actually result.
The chapters explain the realities that administration poses for democratic theory. Topics include the political value of accountability, the antinomic character of political values, the relation between ultimate ends and the intermediate ends that are sought by constitutions, and a reconsideration of the meaning of the rule of law itself. The essays are inspired by the demystifying realism of Max Weber and Hans Kelsen, including explications of their views on law, constitutions, and the rule of law.
The book will be of interest to social and political theorists, philosophers of law, and legal theorists, and for discussions of democratic theory, the administrative state, constitutionalism, and justice, as well as to readers of Weber and Kelsen.
Table of Contents
Introduction: Nine Chapters on Democracy, Law, and Administration
1. Democracy, Liberalism, and Discretion: The Political Puzzle of the Administrative State.
2. "Improving on Democracy."
3. What are Democratic Values? A Twenty-First-Century Kelsenian Approach
4. The Ideology of Anti-Populism and the Administrative State
Free Speech, Pluralism, and Toleration
5. Religious Pluralism, Toleration, and Liberal Democracy: Past, Present, and Future
6. The End of Clear Lines: Academic Freedom and Administrative Law
Fundamental Political Theory
7. The Method of Antinomies: Oakeshott and Others
8. Decisionism and Politics: Weber as Constitutional Theorist
9. The Rule of Law Deflated: Weber and Kelsen
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