Event Title
The Governance Crisis, Legal Theory, and Political Ideology
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.
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/iss3/1The 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.
Comments
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