The Public's Law
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Estimated delivery time: Expected time of arrival: end of January 2026.
Not in stock at Prospero.
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Product details:
- Publisher OUP USA
- Date of Publication 24 July 2025
- ISBN 9780197806845
- Binding Paperback
- No. of pages290 pages
- Size 234x159x17 mm
- Weight 408 g
- Language English 681
Categories
Short description:
The Public's Law shows how bureaucracy can advance democracy. It develops a Progressive understanding of law and politics from American thinkers' transformation of German theories of the state, emphasizing that the state must provide the goods people need to participate in democratic politics. Using examples from the New Deal and the Civil Rights Era, the book develops a normative theory with implications for deliberative democratic theory, constitutional theory, and administrative law.
MoreLong description:
The Public's Law is a theory and history of democracy in the American administrative state. The book describes how American Progressive thinkers - such as John Dewey, W.E.B. Du Bois, and Woodrow Wilson - developed a democratic understanding of the state from their study of Hegelian political thought.
G.W.F. Hegel understood the state as an institution that regulated society in the interest of freedom. This normative account of the state distinguished his view from later German theorists, such as Max Weber, who adopted a technocratic conception of bureaucracy, and others, such as Carl Schmitt, who prioritized the will of the chief executive. The Progressives embraced Hegel's view of the connection between bureaucracy and freedom, but sought to democratize his concept of the state. They agreed that welfare services, economic regulation, and official discretion were needed to guarantee conditions for self-determination. But they stressed that the people should participate deeply in administrative policymaking. This Progressive ideal influenced administrative programs during the New Deal. It also sheds light on interventions in the War on Poverty and the Second Reconstruction, as well as on the Administrative Procedure Act of 1946.
The book develops a normative theory of the state on the basis of this intellectual and institutional history, with implications for deliberative democratic theory, constitutional theory, and administrative law. On this view, the administrative state should provide regulation and social services through deliberative procedures, rather than hinge its legitimacy on presidential authority or economistic reasoning.
Pathbreaking and original ... Summing Up: Essential. Upper-division undergraduates through faculty.
Table of Contents:
Introduction
Origins of Progressivism: German Theories of the State from Hegel to Habermas
The Hegelian Progressives: Democratic Spirit in the New American State
The Institutional Architecture of Progressive Democracy: From the New Deal to the Second Reconstruction
The Normative Architecture of Progressive Democracy: Reconstructing the Administrative State
Conclusion: Progress in Times of Peril
