Cass R. Sunstein is Robert Walmsley University Professor at Harvard Law School. Recently named Senior Counselor to the US Department of Homeland Security, he is the author of many books, including Conformity and How Change Happens. Adrian Vermeule is Ralph S. Tyler, Jr., Professor of Constitutional Law at Harvard Law School. His many books include Law’s Abnegation: From Law’s Empire to the Administrative State (Harvard) and The Constitution of Risk.
This short book is as brilliantly imaginative as it is urgently
timely. By identifying an inner morality of administrative law,
Sunstein and Vermeule refute the most serious legal and political
attacks on the administrative state since the New Deal. The book
makes major contributions to the theory of the rule of law.
*Richard H. Fallon, Jr., Story Professor of Law, Harvard Law
School*
This is a sparkling vindication of the enduring relevance of Lon
Fuller’s classic account of the rule of law. It is an exemplary
piece of legal scholarship in the way it connects a sensitive
exploration of legal doctrine to underlying moral concerns.
*John Tasioulas, Director, Yeoh Tiong Lay Centre for Politics,
Philosophy, and Law, The Dickson Poon School of Law, King’s College
London*
In the face of decades of robust attacks on the administrative
state as unconstitutional, immoral, or worse, Sunstein and Vermeule
offer a doctrinally careful and theoretically sophisticated defense
of pervasive administrative regulation tempered by the kinds of
rule of law concerns associated with Lon Fuller’s internal morality
of law. At no time more than the present, a defense of
expertise-based governance and administration is sorely needed, and
this book provides it with gusto.
*Frederick Schauer, David and Mary Harrison Distinguished Professor
of Law, University of Virginia School of Law*
A must-read for critics and defenders of the administrative
state.
*Jeffrey Pojankowski, Notre Dame Law School*
In this elegant and thoughtful book, Sunstein and Vermeule seek to
offer an ‘appealing second best’ on which the administrative
state’s friends and foes can agree. Whether they will succeed in
that task remains to be seen, but their effort to move us past old
debates is exactly right. The pandemic has shown the urgent need
for an administrative state that is both lawful and effective,
empowered as well as constrained. Sunstein and Vermeule offer us an
insightful account of how that uneasy balance is attained through
core principles emanant in administrative law.
*Gillian Metzger, Harlan Fiske Stone Professor of Constitutional
Law, Columbia Law School*
Sunstein and Vermeule pack in a great deal of information, almost a
thumbnail course in administrative law…For lawyers, the book
provides an easy entry point to the latest developments in a
complex and technical field of law...Put[s] forward a new
analytical framework for thinking about the direction of the
administrative state.
*Cipher Brief*
Has something to offer both critics and supporters of the
administrative state and is a valuable contribution to the ongoing
debate over the constitutionality of the modern state.
*Review of Politics*
Law and Leviathan is a useful source to learn about the current
state of US public law discourse. The reader can find an
interesting mapping of concerns and solutions advanced towards
developments which—to different degrees and under various
labels—have taken place in most Western constitutional systems, as
well as within the institutional structures of global
governance.
*Heidelberg Journal of International Law*
This short book is as brilliantly imaginative as it is urgently
timely. By identifying an inner morality of administrative law,
Sunstein and Vermeule refute the most serious legal and political
attacks on the administrative state since the New Deal. The book
makes major contributions to the theory of the rule of law.
*Richard H. Fallon, Jr., Story Professor of Law, Harvard Law
School*
This is a sparkling vindication of the enduring relevance of Lon
Fuller’s classic account of the rule of law. It is an exemplary
piece of legal scholarship in the way it connects a sensitive
exploration of legal doctrine to underlying moral concerns.
*John Tasioulas, Director, Yeoh Tiong Lay Centre for Politics,
Philosophy, and Law, The Dickson Poon School of Law, King’s College
London*
In the face of decades of robust attacks on the administrative
state as unconstitutional, immoral, or worse, Sunstein and Vermeule
offer a doctrinally careful and theoretically sophisticated defense
of pervasive administrative regulation tempered by the kinds of
rule of law concerns associated with Lon Fuller’s internal morality
of law. At no time more than the present, a defense of
expertise-based governance and administration is sorely needed, and
this book provides it with gusto.
*Frederick Schauer, David and Mary Harrison Distinguished Professor
of Law, University of Virginia School of Law*
A must-read for critics and defenders of the administrative
state.
*Jeffrey Pojankowski, Notre Dame Law School*
In this elegant and thoughtful book, Sunstein and Vermeule seek to
offer an ‘appealing second best’ on which the administrative
state’s friends and foes can agree. Whether they will succeed in
that task remains to be seen, but their effort to move us past old
debates is exactly right. The pandemic has shown the urgent need
for an administrative state that is both lawful and effective,
empowered as well as constrained. Sunstein and Vermeule offer us an
insightful account of how that uneasy balance is attained through
core principles emanant in administrative law.
*Gillian Metzger, Harlan Fiske Stone Professor of Constitutional
Law, Columbia Law School*
Sunstein and Vermeule pack in a great deal of information, almost a
thumbnail course in administrative law…For lawyers, the book
provides an easy entry point to the latest developments in a
complex and technical field of law...Put[s] forward a new
analytical framework for thinking about the direction of the
administrative state.
*Cipher Brief*
Has something to offer both critics and supporters of the
administrative state and is a valuable contribution to the ongoing
debate over the constitutionality of the modern state.
*Review of Politics*
Law and Leviathan is a useful source to learn about the current
state of US public law discourse. The reader can find an
interesting mapping of concerns and solutions advanced towards
developments which—to different degrees and under various
labels—have taken place in most Western constitutional systems, as
well as within the institutional structures of global
governance.
*Heidelberg Journal of International Law*
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