TABLE OF CONTENTS: Acknowledgments vii Chapter One: Introduction 1 The Thesis 1 The Method 12 The Administrative State 22 PART I: THE STRUCTURE OF GOVERNMENT 37 Chapter Two: From Branches to Networks 39 The Government as Body and Branches 39 The Modern Image of a Network 48 Applying the Network Model 56 Chapter Three: From Power and Discretion to Authorization and Supervision 74 Power and Discretion 74 Authorization and Supervision 91 The Microanalysis of Intra-Governmental Relations 96 Chapter Four: From Democracy to an Interactive Republic 110 The Pre-Modern Concept of Democracy 110 Electoral Interaction 120 Administrative Interaction 131 Chapter Five: From Legitimacy to Compliance 144 The Pre-Modern Concept of Legitimacy 144 The Compliance Model 160 The Large-Scale Application of the Compliance Model 171 Conclusion to Part I 179 PART II: LEGAL OPERATIONS 189 Chapter Six: From Law to Policy and Implementation 191 Law and Regularity 191 Policy and Implementation 203 The Morality of Policy and Implementation 214 Chapter Seven: From Legal Rights to Causes of Action 227 The Concept of Legal Rights 227 Causes of Action 237 Causes of Action v. Legal Rights 246 Chapter Eight: From Human Rights to Moral Demands on Government 260 Natural Rights and Human Rights 260 The Concept of Moral Demands on Government 268 The Content of Moral Demands on Government 287 Chapter Nine: From Property to Market-Generating Allocations 296 Property as Control 296 Market-Generating Allocations 308 The Protection of Individual Interests 323 Conclusion to Part II 330 Notes 341 Author Index 455 Subject Index 459 Return to Book Description File created: 4/25/2013 |