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Law in a Complex State

Law in a Complex State
Author: Neville Harris
Publisher: A&C Black
Total Pages: 388
Release: 2014-07-18
Genre: Law
ISBN: 1782252754
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Approximately half of the total UK population are in receipt of one or more welfare benefits, giving rise to the largest single area of government expenditure. The law and structures of social security are highly complex, made more so by constant adjustments as government pursues its often conflicting economic, political and social policy objectives. This complexity is highly problematic. It contributes to errors in decision-making and to increased administrative costs and is seen as disempowering for citizens, thereby weakening enjoyment of a key social right. Current and previous administrations have committed to simplifying the benefits system. It is a specific objective of the Welfare Reform Act 2012, which provides for the introduction of Universal Credit in place of diverse benefits. However, it is unclear whether the reformed system will be either less complex legally or more accessible for citizens. This book seeks to explain how and why complexity in the modern welfare system has grown; to identify the different ways in which legal and associated administrative arrangements are classifiable as 'complex'; to discuss the effects of complexity on the system's administration and its wider implications for rights and the citizen-state relationship; and to consider the role that law can play in the simplification of schemes of welfare. While primarily focused on the UK welfare system it also provides analysis of relevant policies and experience in various other states.

Law in a Complex State

Law in a Complex State
Author: Neville S. Harris
Publisher:
Total Pages: 275
Release: 2013
Genre: Public welfare
ISBN: 9781474200240
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This title seeks to explain how and why complexity in modern welfare systems has grown; identify the different ways in which legal and administrative arrangements are classifiable as complex; discuss the effects of complexity on the system's administration; and consider the role that law can play in the simplification of schemes of welfare.

Simple Rules for a Complex World

Simple Rules for a Complex World
Author: Richard Allen EPSTEIN
Publisher: Harvard University Press
Total Pages: 377
Release: 2009-06-30
Genre: Political Science
ISBN: 0674036565
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Too many laws, too many lawyers--that's the necessary consequence of a complex society, or so conventional wisdom has it. Countless pundits insist that any call for legal simplification smacks of nostalgia, sentimentality, or naivete. But the conventional view, the noted legal scholar Richard Epstein tells us, has it exactly backward. The richer texture of modern society allows for more individual freedom and choice. And it allows us to organize a comprehensive legal order capable of meeting the technological and social challenges of today on the basis of just six core principles. In this book, Epstein demonstrates how. The first four rules, which regulate human interactions in ordinary social life, concern the autonomy of the individual, property, contract, and tort. Taken together these rules establish and protect consistent entitlements over all resources, both human and natural. These rules are backstopped by two more rules that permit forced exchanges on payment of just compensation when private or public necessity so dictates. Epstein then uses these six building blocks to clarify many intractable problems in the modern legal landscape. His discussion of employment contracts explains the hidden virtues of contracts at will and exposes the crippling weaknesses of laws regarding collective bargaining, unjust dismissal, employer discrimination, and comparable worth. And his analysis shows how laws governing liability for products and professional services, corporate transactions, and environmental protection have generated unnecessary social strife and economic dislocation by violating these basic principles. Simple Rules for a Complex World offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust and fear government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer a middle path between too much and too little.

Law’s Abnegation

Law’s Abnegation
Author: Adrian Vermeule
Publisher: Harvard University Press
Total Pages: 208
Release: 2016-11-14
Genre: Law
ISBN: 0674974719
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Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.

EMPOWERMENT AND EQUALITY NAVIGATING HUMAN RIGHTS LAW IN A COMPLEX WORLD

EMPOWERMENT AND EQUALITY NAVIGATING HUMAN RIGHTS LAW IN A COMPLEX WORLD
Author: Prasanna S
Publisher: Institute of Legal Education
Total Pages: 90
Release: 2023-12-26
Genre: Law
ISBN: 8196439172
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Dear Reader, It is with great pleasure that we present to you our latest publication, "Empowerment and Equality: Navigating Human Rights Law in a Complex World." This edited book is a culmination of extensive research, thoughtful contributions, and the collective expertise of esteemed scholars and practitioners in the field of human rights. In a world marked by dynamic socio-political landscapes, this book serves as a compass, guiding readers through the intricate web of human rights law. "Empowerment and Equality" delves into the complexities and challenges that arise in the pursuit of justice, empowerment, and equality for all individuals, irrespective of their background or circumstances. This book brings together voices from academia, legal practice, and activism, creating a comprehensive resource for anyone seeking a deeper understanding of human rights in our complex world. It is our sincere hope that the insights and perspectives shared within these pages will inspire meaningful dialogue, academic inquiry, and, most importantly, positive action. We extend our heartfelt gratitude to the contributors who have dedicated their time and expertise to this project. Their commitment to advancing human rights and promoting equality is evident in the richness and diversity of the content presented. As publishers, we take pride in being part of the dissemination of knowledge that can contribute to positive change. "Empowerment and Equality" aligns with our commitment to publishing works that have the potential to shape conversations, influence policies, and ultimately contribute to a more just and equitable world. We hope you find this book both informative and inspiring. May it serve as a valuable resource for scholars, practitioners, activists, and all those passionate about the advancement of human rights. Thank you for choosing Institute of Legal Education as your source for thought-provoking and impactful literature.

The Limits of the Legal Complex

The Limits of the Legal Complex
Author: Malcolm Feeley
Publisher: Oxford University Press
Total Pages: 305
Release: 2021
Genre: Law
ISBN: 0192848410
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Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts. The theory of the legal complex posits that lawyers will not simply mobilize collectively for material self-interest; instead they will organize and struggle for the limited goal of political liberalism. Constituted by a moderate state, core civil rights, and civil society freedoms, political liberalism is presented as a discrete but professionally valued good to which all lawyers can lend their support. Leading scholars claim that when one finds struggles against political repression, politics of the Legal Complex are frequently part of that struggle. One glaring omission in this research program is the Nordic region. This insightful volume provides a comprehensive account of the history and politics of lawyers of the last 200 years in the Nordic countries: Norway, Sweden, Denmark, Finland, and Iceland. Topping most global indexes of core civil rights, these states have been found to contain few to no visible legal complexes. Where previous studies have characterized lawyers as stewards and guardians of the law that seek to preserve its semi-autonomous nature, these legal complexes have emerged in a manner that challenges the standard narrative. This book offers rational choice and structuralist explanations for why and when lawyers mobilise collectively for political liberalism. In each country analysis, authors place lawyers in nineteenth century state transformation and emerging constitutionalism, followed by expanding democracy and the welfare state, the challenge of fascism and world war, the tensions of the Cold War, and the latter-day rights revolutions. These analyses are complemented by a comprehensive comparative introduction, and a concluding reflection on how the theory of the legal complex might be recast, making The Limits of the Legal Complex an invaluable resource for scholars and practitioners alike.

Law, Public Policies and Complex Systems: Networks in Action

Law, Public Policies and Complex Systems: Networks in Action
Author: Romain Boulet
Publisher: Springer
Total Pages: 280
Release: 2019-05-07
Genre: Law
ISBN: 3030115062
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This book investigates how various scientific communities – e.g. legal scientists, political scientists, sociologists, mathematicians, and computer scientists – study law and public policies, which are portrayed here as complex systems. Today, research on law and public policies is rapidly developing at the international level, relying heavily on modeling that employs innovative methods for concrete implementation. Among the subject matter discussed, law as a network of evolving and interactive norms is now a prominent sphere of study. Similarly, public policies are now a topic in their own right, as policy can no longer be examined as a linear process; rather, its study should reflect the complexity of the networks of actors, norms and resources involved, as well as the uncertainty or weak predictability of their direct or indirect impacts. The book is divided into three maain parts: complexity faced by jurists, complexity in action and public policies, and complexity and networks. The main themes examined concern codification, governance, climate change, normative networks, health, water management, use-related conflicts, legal regime conflicts, and the use of indicators.

Is Administrative Law Unlawful?

Is Administrative Law Unlawful?
Author: Philip Hamburger
Publisher: University of Chicago Press
Total Pages: 646
Release: 2014-05-27
Genre: Law
ISBN: 022611645X
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“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

Law and Leviathan

Law and Leviathan
Author: Cass R. Sunstein
Publisher: Harvard University Press
Total Pages: 209
Release: 2020-09-15
Genre: Law
ISBN: 0674247531
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From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Disavowing Asylum

Disavowing Asylum
Author: Ronit Lentin
Publisher: Rowman & Littlefield
Total Pages: 200
Release: 2021-07-13
Genre: Social Science
ISBN: 1786612542
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Disavowing Asylum presents the for-profit Direct Provision asylum regime in the Republic of Ireland, describing and theorizing the remote asylum centres throughout the country as a disavowed regime of racialized incarceration, operated by private companies and hidden from public view. The authors combine a historical and geographical analysis of Direct Provision with a theoretical analysis of the disavowal of the system by state and society and with a visual autoethnography via one of the authors’ Asylum Archive and Direct Provision diary, constituting a first-person narrative of the experience of living in Direct Provision. This book argues that asylum seekers, far from being mere victims of racialization and of their experiences in Direct Provision, are active agents of change and resistance, and theorizes the Asylum Archive project as an archive of silenced lives that brings into public view the hidden experiences of asylum seekers in Ireland's Direct Provision regime.