After the Rights Revolution: Reconceiving the Regulatory State available in Hardcover
- Pub. Date:
- Harvard University Press
In the twentieth century, American society has experienced a "rights revolution": a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments.
Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets.
Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
|Publisher:||Harvard University Press|
|Product dimensions:||6.39(w) x 9.57(h) x 0.97(d)|
About the Author
Cass R. Sunstein is the Robert Walmsley University Professor at Harvard, where he is founder and director of the Program on Behavioral Economics and Public Policy. He is the most cited law professor in the United States and probably the world. He has served as Administrator of the White House Office of Information and Regulatory Affairs and as a member of the President’s Review Group on Intelligence and Communications Technologies. Winner of the 2018 Holberg Prize, Sunstein is a columnist for Bloomberg View and a frequent adviser to governments all over the world. His many books include the bestseller Nudge: Improving Decisions about Health, Wealth, and Happiness (with Richard H. Thaler), Simpler: The Future of Government, and Republic.com.
Table of Contents
Regulation and Interpretation
The Anachronistic Legal Culture
1. Why Regulation?
A Historical Overview
Public and Private Ordering
2. The Functions of Regulatory Statutes
Collective Desires and Aspirations
Diverse Experiences and Preference Formation
Social Subordination Endogenous Preferences
Irreversibility, Future Generations, Animals, and Nature
Interest-Group Transfers and "Rent-Seeking"
The Problem of Categorization
3. How Regulation Fails
Failures in the Original Statute
Linking Statutory Function to Statutory Failure
Paradoxes of the Regulatory Stateand Reform
4. Courts, Interpretation, and Norms
Flawed Approaches to Statutory Interpretation
An Alternative Method
5. Interpretive Principles for the Regulatory State
Priority and Harmonization
Fissures in the Interpretive Community
The Postcanonical Legal Universe
6. Applications, the New Deal, and Statutory Construction
The New Deal and Statutory Construction
The Constitution of the Regulatory Stateand Its Reform
Interpreting the Regulatory State
Appendix A. Interpretive Principles
Appendix B. Selected Regulations in Terms of Cost Per Life Saved
Appendix C. The Growth of Administrative Government