Politicizing Regulation: Administrative Law, Technocratic Government, and Republican Political Theory

Complexity Theory , Adaptation , and Administrative Law Donald

Recently, commentators have applied insights from complexity theory to legal analysis generally and to administrative law in particular. This Article focuses on one of the central problems that complexity theory addresses, the importance and mechanisms of adaptation within complex systems. In Part I, the Article uses three features of complex adaptive systems—emergence from self-assembly, nonli...

A Republican Law of Peoples

Assuming that states will remain a permanent feature of our world, what is the ideal that we should hold out for the international order? An attractive proposal is that those peoples that are already organized under non-dominating, representative states should pursue a twin goal: first, arrange things so that they each enjoy the republican ideal of freedom as non-domination in relation to one a...

Republican Freedom and the Rule of Law

At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination as opposed to freedom as non-interference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-oflaw requirement, whereas liberal freedom does not. Liberals may also endorse such a requi...

Relational republican regulation

This response refutes point (i) in the Ayres comment’s abstract. It argues that at its heart responsive regulation is about seeking strategies that will render regulation more relational when it counts. This is possible even in domains like tax compliance where 99 per cent of the routine regulatory action occurs without face-to-face encounter. A number of critiques in the special issue are embr...

Clarence Thomas and Administrative Law