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Beyond Camelot: Rethinking Politics and Law for the Modern State
 
 

Beyond Camelot: Rethinking Politics and Law for the Modern State [Kindle Edition]

Edward L. Rubin
5.0 out of 5 stars  See all reviews (1 customer review)

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Editorial Reviews

Review

This ambitious work offers a refreshing, insightful reconceptualization of the modern administrative state. . . . [A] beautifully written contribution.
(Harvard Law Review )

[A] fascinating and provocative book. . . . Rubin is to be congratulated. Beyond Camelot is an extraordinary effort, brilliant in places; it is certain to provoke a great deal of thought and suggest numerous avenues of future research.
(Howard Schweber Journal of Politics )

Anyone who desires to understand modern government should read Beyond Camelot.
(Brian Z. Tamanaha Law and Politics Book Review )

Product Description

This book argues that many of the basic concepts that we use to describe and analyze our governmental system are out of date. Developed in large part during the Middle Ages, they fail to confront the administrative character of modern government.

These concepts, which include power, discretion, democracy, legitimacy, law, rights, and property, bear the indelible imprint of this bygone era's attitudes, and Arthurian fantasies, about governance. As a result, they fail to provide us with the tools we need to understand, critique, and improve the government we actually possess.

Beyond Camelot explains the causes and character of this failure, and then proposes a new conceptual framework, drawn from management science and engineering, which describes our administrative government more accurately, and identifies its weaknesses instead of merely bemoaning its modernity.

This book's proposed framework envisions government as a network of connected units that are authorized by superior units and that supervise subordinate ones. Instead of using inherited, emotion-laden concepts like democracy and legitimacy to describe the relationship between these units and private citizens, it directs attention to the particular interactions between these units and the citizenry, and to the mechanisms by which government obtains its citizens' compliance. Instead of speaking about law and legal rights, it proposes that we address the way that the modern state formulates policy and secures its implementation. Instead of perpetuating outdated ideas that we no longer really believe about the sanctity of private property, it suggests that we focus on the way that resources are allocated in order to establish markets as our means of regulation. Highly readable, Beyond Camelot offers an insightful and provocative discussion of how we must transform our understanding of government to keep pace with the transformation that government itself has undergone.


Product Details

  • Format: Kindle Edition
  • File Size: 5587 KB
  • Print Length: 485 pages
  • Page Numbers Source ISBN: 0691118086
  • Publisher: Princeton University Press (July 5, 2005)
  • Sold by: Amazon Digital Services
  • ASIN: B001CJSV9K
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #654,321 Paid in Kindle Store (See Top 100 Paid in Kindle Store)
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1 of 1 people found the following review helpful:
5.0 out of 5 stars Toward a New Theory of Government, August 11, 2005
By 
There's a lot to like about Rubin's thought experiments concerning contemporary government.

The main point is simple enough--don't get caught up in loaded terms that cause diversions from the complex processes of actually managing things. His book points out that government is a messy set of organizations and processes run mostly by hired pros. He essentially suggests that we accept that fact and quit pretending like the whole enterprise has some sort of basic order or timeless philosophical underpinning. For Rubin it doesn't, and it probably shouldn't. He doesn't trash big ideas; he just sees the point in not getting twisted up in them.

For example, we should get over fixations with rigid ideals concerning separations of power in legal decisions, and toss out (or in his words..."bracket") democracy and power as "sedimented" terms. Instead, we should focus on what facilitates micro-analysis--readjust to legal and governmental "causes of action."

This is modern pragmatism at its best--poking a bit of fun at Aristotle and pointing out the irrelevance of the still dominant medieval political thought that distorts reasoned approaches to issues.

If I faulted the work, it would be along lines that it does not go far enough. By focusing so much on government rather than the full complex network of actors and forces at work in governing our lives, Rubin gives us a too government-centric picture of living Beyond Camelot. He hints at a broader notion especially in the first part of the work. It would have been an even stronger book if it had stayed close to a more open system or network focus--starting from a picture of civil society that encompasses government or something along Dahl's lines for polyarchy.

Still, this seems to be quite new thinking--a truly critical approach. Rubin points toward a government that is moral but not sacerdotal, and one that is respectful but not deontological.

The book carries a stiff price, but it is essential reading going forward for students of the administrative state.


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