Beyond Camelot : Rethinking Politics and Law for the Modern State.

By: Rubin, Edward LContributor(s): Rubin, Edward L. LMaterial type: TextTextPublisher: Princeton : Princeton University Press, 2007Copyright date: ©2005Description: 1 online resource (479 pages)Content type: text Media type: computer Carrier type: online resourceISBN: 9781400826629Subject(s): Bureaucracy -- History | Political science -- Philosophy | Public administration -- History | Rule of law -- History | State, The -- History | United States -- Politics and governmentGenre/Form: Electronic books.Additional physical formats: Print version:: Beyond Camelot : Rethinking Politics and Law for the Modern StateDDC classification: 320.01 LOC classification: JC11.R83 2005Online resources: Click to View
Contents:
Contents -- Acknowledgments -- One: Introduction -- The Thesis -- The Method -- The Administrative State -- PART I: THE STRUCTURE OF GOVERNMENT -- Two: From Branches to Networks -- The Government as Body and Branches -- The Modern Image of a Network -- Applying the Network Model -- Three: From Power and Discretion to Authorization and Supervision -- Power and Discretion -- Authorization and Supervision -- The Microanalysis of Intra-Governmental Relations -- Four: From Democracy to an Interactive Republic -- The Pre-Modern Concept of Democracy -- Electoral Interaction -- Administrative Interaction -- Five: From Legitimacy to Compliance -- The Pre-Modern Concept of Legitimacy -- The Compliance Model -- The Large-Scale Application of the Compliance Model -- Conclusion to Part I -- PART II: LEGAL OPERATIONS -- Six: From Law to Policy and Implementation -- Law and Regularity -- Policy and Implementation -- The Morality of Policy and Implementation -- Seven: From Legal Rights to Causes of Action -- The Concept of Legal Rights -- Causes of Action -- Causes of Action v. Legal Rights -- Eight: From Human Rights to Moral Demands on Government -- Natural Rights and Human Rights -- The Concept of Moral Demands on Government -- The Content of Moral Demands on Government -- Nine: From Property to Market-Generating Allocations -- Property as Control -- Market-Generating Allocations -- The Protection of Individual Interests -- Conclusion to Part II -- Notes -- Author Index -- A -- B -- C -- D -- E -- F -- G -- H -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Z -- Subject Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- W -- Y.
Summary: This book argues that many of the basic concepts that we use to describe and analyze our governmental system are out of date. Developed in large part during the Middle Ages, they fail to confront the administrative character of modern government.These concepts, which include power, discretion, democracy, legitimacy, law, rights, and property, bear the indelible imprint of this bygone era's attitudes, and Arthurian fantasies, about governance. As a result, they fail to provide us with the tools we need to understand, critique, and improve the government we actually possess.Beyond Camelot explains the causes and character of this failure, and then proposes a new conceptual framework, drawn from management science and engineering, which describes our administrative government more accurately, and identifies its weaknesses instead of merely bemoaning its modernity.This book's proposed framework envisions government as a network of connected units that are authorized by superior units and that supervise subordinate ones. Instead of using inherited, emotion-laden concepts like democracy and legitimacy to describe the relationship between these units and private citizens, it directs attention to the particular interactions between these units and the citizenry, and to the mechanisms by which government obtains its citizens' compliance. Instead of speaking about law and legal rights, it proposes that we address the way that the modern state formulates policy and secures its implementation. Instead of perpetuating outdated ideas that we no longer really believe about the sanctity of private property, it suggests that we focus on the way that resources are allocated in order to establish markets as our means of regulation. Highly readable, Beyond Camelot offers an insightful and provocative discussion of how we must transform our understanding ofSummary: government to keep pace with the transformation that government itself has undergone.
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Contents -- Acknowledgments -- One: Introduction -- The Thesis -- The Method -- The Administrative State -- PART I: THE STRUCTURE OF GOVERNMENT -- Two: From Branches to Networks -- The Government as Body and Branches -- The Modern Image of a Network -- Applying the Network Model -- Three: From Power and Discretion to Authorization and Supervision -- Power and Discretion -- Authorization and Supervision -- The Microanalysis of Intra-Governmental Relations -- Four: From Democracy to an Interactive Republic -- The Pre-Modern Concept of Democracy -- Electoral Interaction -- Administrative Interaction -- Five: From Legitimacy to Compliance -- The Pre-Modern Concept of Legitimacy -- The Compliance Model -- The Large-Scale Application of the Compliance Model -- Conclusion to Part I -- PART II: LEGAL OPERATIONS -- Six: From Law to Policy and Implementation -- Law and Regularity -- Policy and Implementation -- The Morality of Policy and Implementation -- Seven: From Legal Rights to Causes of Action -- The Concept of Legal Rights -- Causes of Action -- Causes of Action v. Legal Rights -- Eight: From Human Rights to Moral Demands on Government -- Natural Rights and Human Rights -- The Concept of Moral Demands on Government -- The Content of Moral Demands on Government -- Nine: From Property to Market-Generating Allocations -- Property as Control -- Market-Generating Allocations -- The Protection of Individual Interests -- Conclusion to Part II -- Notes -- Author Index -- A -- B -- C -- D -- E -- F -- G -- H -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Z -- Subject Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- W -- Y.

This book argues that many of the basic concepts that we use to describe and analyze our governmental system are out of date. Developed in large part during the Middle Ages, they fail to confront the administrative character of modern government.These concepts, which include power, discretion, democracy, legitimacy, law, rights, and property, bear the indelible imprint of this bygone era's attitudes, and Arthurian fantasies, about governance. As a result, they fail to provide us with the tools we need to understand, critique, and improve the government we actually possess.Beyond Camelot explains the causes and character of this failure, and then proposes a new conceptual framework, drawn from management science and engineering, which describes our administrative government more accurately, and identifies its weaknesses instead of merely bemoaning its modernity.This book's proposed framework envisions government as a network of connected units that are authorized by superior units and that supervise subordinate ones. Instead of using inherited, emotion-laden concepts like democracy and legitimacy to describe the relationship between these units and private citizens, it directs attention to the particular interactions between these units and the citizenry, and to the mechanisms by which government obtains its citizens' compliance. Instead of speaking about law and legal rights, it proposes that we address the way that the modern state formulates policy and secures its implementation. Instead of perpetuating outdated ideas that we no longer really believe about the sanctity of private property, it suggests that we focus on the way that resources are allocated in order to establish markets as our means of regulation. Highly readable, Beyond Camelot offers an insightful and provocative discussion of how we must transform our understanding of

government to keep pace with the transformation that government itself has undergone.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2018. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.

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