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Introduction

Eric A. Posner and Adrian Vermeule

in The Executive Unbound: After the Madisonian Republic

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199765331
eISBN:
9780190259952
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199765331.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter presents an overview of the “modern executive” and describes liberal legal theory. It also argues that law does little to constrain the modern executive, contrary to liberal ... More


From Nothing to Start, into Being: The Anti-Rent Wars, the Indian Question, and the Triumph of Liberalism

Dana D. Nelson

in Commons Democracy: Reading the Politics of Participation in the Early United States

Published in print:
2015
Published Online:
May 2016
ISBN:
9780823268382
eISBN:
9780823272525
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823268382.003.0006
Subject:
History, American History: early to 18th Century

This chapter takes up Cooper’s Littlepage trilogy, which helps us track historically the substantive, if diminishing threat that the power of commons democracy posed to the growing economic power of ... More


Constitutional Change

Eric A. Posner and Adrian Vermeule

in The Executive Unbound: After the Madisonian Republic

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199765331
eISBN:
9780190259952
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199765331.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter begins by reviewing some legal mechanisms by which liberal legal theorists have tried to reconcile constitutional change with the constitutional rule of law. Then, it discusses the ... More


The Constitutional Framework

Eric A. Posner and Adrian Vermeule

in The Executive Unbound: After the Madisonian Republic

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199765331
eISBN:
9780190259952
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199765331.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the constitutional framework for the administrative state, deriving from James Madison and his colleagues. It argues that the Madisonian framework is broken and cannot be ... More


The Statutory Framework

Eric A. Posner and Adrian Vermeule

in The Executive Unbound: After the Madisonian Republic

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199765331
eISBN:
9780190259952
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199765331.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the statutory framework for the administrative state, examining both framework statutes intended to check presidential power, and the Administrative Procedure Act (APA), ... More


Modern Criminal Justice and the Penal-Welfare State

David Garland

in The Culture of Control: Crime and Social Order in Contemporary Society

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199258024
eISBN:
9780191698491
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258024.003.0002
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter describes the penal-welfare structure, formed by combining the liberal legalism of due process and proportionate punishment with a correctionalist commitment to rehabilitation, welfare, ... More


Labelling Genocide: The Constitutive Problem

Augustine Brannigan

in Beyond the Banality of Evil: Criminology and Genocide

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199674626
eISBN:
9780191766893
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199674626.003.0003
Subject:
Law, Criminal Law and Criminology

The creation of international laws to curb such human rights abuses as genocide and crimes against humanity is a relatively recent development. The liberal legalist account attributes this to the ... More


Sovereign Power and Secular Indeterminacy: Is Egypt a Secular or a Religious State?

Hussein Ali Agrama

in After Secular Law

Published in print:
2011
Published Online:
June 2013
ISBN:
9780804775366
eISBN:
9780804780704
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804775366.003.0010
Subject:
Law, Legal History

Reviewing several recent cases in Egyptian personal law courts, this chapter examines whether Egypt is a secular or a religious state. It argues that some of the conflicts in Egypt that seem to be ... More


Tyrannophobia

Eric A. Posner and Adrian Vermeule

in The Executive Unbound: After the Madisonian Republic

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199765331
eISBN:
9780190259952
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199765331.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter discusses tyrannophobia, the false and unjustified belief that the alternative to liberal legalism, with its executive tightly constrained by law, must be executive tyranny. This is a ... More


Gender and Anti-Discrimination Laws in India: Modesty, Honour, and Defiled Bodies

Vidhu Verma

in The Empire of Disgust: Prejudice, Discrimination, and Policy in India and the US

Published in print:
2018
Published Online:
June 2019
ISBN:
9780199487837
eISBN:
9780199093779
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199487837.003.0006
Subject:
Political Science, Comparative Politics

The Constitution of India guarantees not only formal equality but also promises that entrenched power structures will gradually dissolve. However, forms of discrimination faced by women are not just ... More


The Limits of the Criminal Law

Augustine Brannigan

in Beyond the Banality of Evil: Criminology and Genocide

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199674626
eISBN:
9780191766893
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199674626.003.0007
Subject:
Law, Criminal Law and Criminology

The hallmark of the liberal legalist approach to genocide has been criminal prosecution of individuals for their personal participation. Evidence suggests that this legal forum, derived from the ... More


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