Event Title

The Governance Crisis, Legal Theory, and Political Ideology

Presenter Information

Christopher Edley Jr.

Location

Duke Law School

Start Date

1-3-1991 8:45 AM

End Date

1-3-1991 10:00 AM

Description

In addressing the administrative problems of today, the author seeks to challenge the doctrinal separation that has evolved between (1) politics and the partisan struggle over political ideology and public policy, and (2) the realm of legal theory, the source of most prescriptions for the reform of legal doctrines and institutions. Part of this challenge entails sketching his argument, detailed elsewhere, that administrative law fails on its own terms to discipline the arbitrariness of bureaucrats and judges. Administrative law fails, in part, because of a deeply fundamental and conceptually flawed reliance on separation of powers anachronisms.

Comments

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Related Paper

Christopher Edley Jr., The Governance Crisis, Legal Theory, and Political Ideology, 1991 Duke Law Journal 561-606 (1991)

Available at: http://scholarship.law.duke.edu/dlj/vol40/iss3/1

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Mar 1st, 8:45 AM Mar 1st, 10:00 AM

The Governance Crisis, Legal Theory, and Political Ideology

Duke Law School

In addressing the administrative problems of today, the author seeks to challenge the doctrinal separation that has evolved between (1) politics and the partisan struggle over political ideology and public policy, and (2) the realm of legal theory, the source of most prescriptions for the reform of legal doctrines and institutions. Part of this challenge entails sketching his argument, detailed elsewhere, that administrative law fails on its own terms to discipline the arbitrariness of bureaucrats and judges. Administrative law fails, in part, because of a deeply fundamental and conceptually flawed reliance on separation of powers anachronisms.