Beyond Camelot: Rethinking Politics and Law for the Modern by Edward L. Rubin

By Edward L. Rubin

This booklet argues that the various simple techniques that we use to explain and examine our governmental approach are outdated. constructed largely throughout the heart a long time, they fail to confront the executive personality of contemporary executive. those suggestions, which come with strength, discretion, democracy, legitimacy, legislation, rights, and estate, endure the indelible imprint of this bygone era's attitudes, and Arthurian fantasies, approximately governance. therefore, they fail to supply us with the instruments we have to comprehend, critique, and enhance the govt we really own. past Camelot explains the motives and personality of this failure, after which proposes a brand new conceptual framework, drawn from administration technological know-how and engineering, which describes our administrative govt extra effectively, and identifies its weaknesses rather than purely bemoaning its modernity. This book's proposed framework envisions govt as a community of hooked up devices which are approved through more suitable devices and that supervise subordinate ones. rather than utilizing inherited, emotion-laden techniques like democracy and legitimacy to explain the connection among those devices and personal voters, it directs awareness to the actual interactions among those devices and the citizenry, and to the mechanisms during which executive obtains its voters' compliance. rather than talking approximately legislation and felony rights, it proposes that we handle the best way that the trendy nation formulates coverage and secures its implementation. rather than perpetuating outmoded principles that we now not relatively think concerning the sanctity of personal estate, it means that we specialize in the way in which that assets are allotted so that it will identify markets as our technique of rules. hugely readable, past Camelot deals an insightful and provocative dialogue of the way we needs to remodel our realizing of presidency to maintain velocity with the transformation that executive itself has gone through.

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Extra resources for Beyond Camelot: Rethinking Politics and Law for the Modern State

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122 What is important, for present purposes, is that government is regarded as fulfilling explicit, or articulated purposes, defined by a secular process of some sort. Shifting to an instrumental conception of the state is not the thoughtless, mechanistic tropism of contemporary Morlocks who have forgotten the meaning of morality. Rather, it is a morality of its own. The idea that government should be a pure instrumentality, an entity that possesses no independent moral force, and should be judged according to its ability to benefit the people, is an organizing moral principle.

Here were saints dying in all kinds of postures, with the soul wringing out of the body as if it were squeezing water out of a piece of laundry. All those gestures of arms crossed like sabers, of twisted necks, taken from their original surroundings and brought together in an alien space, gave the impression of a catatonics’ ward in a lunatic asylum. . 89 The Administrative State Defining the Administrative State Having stated the thesis and the method, one final requirement before proceeding is to clarify the empirical claim on which the thesis depends in its entirety, namely, the claim that our society has experienced a qualitative change in government, a change so profound that it renders many of our well-established, treasured concepts obsolete.

In the medieval era, government was not conceived as implementing specified goals or purposes. 116 The leaders of the government, everyone recognized, could make war and peace, INTRODUCTION 27 collect taxes, dispense benefits, and impose sanctions, but they were not regarded as having the power to issue basic laws regulating ordinary social or economic relations. These laws were regarded as transcendent, and the task of government decision makers was to discover, interpret, and enforce them. 117 This conception of government may be described as sacerdotal, in that the ruler was supposed to mediate between the divine and human worlds.

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