PDF Ebook The Constitution of Risk, by Adrian Vermeule
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The Constitution of Risk, by Adrian Vermeule
PDF Ebook The Constitution of Risk, by Adrian Vermeule
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The Constitution of Risk is the first book to combine constitutional theory with the theory of risk regulation. The book argues that constitutional rulemaking is best understood as a means of managing political risks. Constitutional law structures and regulates the risks that arise in and from political life, such as an executive coup or military putsch, political abuse of ideological or ethnic minorities, or corrupt self-dealing by officials. The book claims that the best way to manage political risks is an approach it calls "optimizing constitutionalism" - in contrast to the worst-case thinking that underpins "precautionary constitutionalism," a mainstay of liberal constitutional theory. Drawing on a broad range of disciplines such as decision theory, game theory, welfare economics, political science, and psychology, this book advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive and frequently irrational attitude of distrust of official power that is so prominent in American constitutional history and discourse.
- Sales Rank: #497516 in Books
- Published on: 2013-12-02
- Released on: 2013-02-12
- Original language: English
- Number of items: 1
- Dimensions: 8.98" h x .47" w x 5.98" l, .70 pounds
- Binding: Paperback
- 205 pages
Review
"With characteristic lucidity and vigor, and by compelling examples, Adrian Vermeule launches a devastating attack on abstract possibilistic reasoning in the law and in politics. He shows how risk-management itself may create risks by focusing on worst-case scenarios or by relying on stereotypical preconceptions, and offers a robust alternative that enjoins us to weigh the risks of inaction as well as those of action."
Jon Elster, Columbia University, New York
"Another tour de force from Adrian Vermuele. The Constitution of Risk is a major addition to an already rich body of work. The thesis is characteristically bold. Constitutions should be judged according to how successfully they manage political risks. The best strategy is not the risk-averse approach of classic Madisonian constitutional theory but a more fluid theory of "optimizing constitutionalism" infused with Hamiltonian spirit. Written with clarity and economy of style, this book cements Professor Vermeule's reputation as one of the most distinctive and important voices in contemporary constitutional theory."
Thomas Poole, London School of Economics and Political Science
"... Vermeule's book makes a strong contribution to constitutional debate ... it can usefully be applied to a range of constitutional dilemmas in Ireland and elsewhere. In particular, his insights might be applied to Irish debates concerning the appropriate role and extent of judicial review over administrative access, and how individual rights are weighted against competing goals."
Eoin Daly, The Irish Jurist
About the Author
Adrian Vermeule is John H. Watson Professor of Law at Harvard Law School. He is the author or co-author of seven previous books, most recently The System of the Constitution (2011). He was formerly Bernard D. Meltzer Professor of Law at the University of Chicago, and was elected to the American Academy of Arts and Sciences in 2012.
Most helpful customer reviews
1 of 1 people found the following review helpful.
In contrast to the other review -- this precious book ...
By OrenT
In contrast to the other review -- this precious book gets it exactly right. If you want a roadmap of the the fertile (rather than futile) ways to think about constitutional issues -- pick up this book. As is typical for Vermeule, this short book is full of insights and ideas; rich with examples and implementations; and written with elegant style. I suspect that even in many years to come, this book will still be an "exportable good" that can guide thinking about constitutional law and constitutional design.
0 of 0 people found the following review helpful.
From this follows the question of what is the best way of thinking about political risk management
By EX
This is a characteristically insightful book. Vermeule's work is always original and invites the reader to link at a topic from a different perspective. Here the invitation is to look at constitutions as instruments for managing political risks. From this follows the question of what is the best way of thinking about political risk management. These insights, presented with clarity and precision, add to an interesting challenge to much constitutional theorising. The book will appeal to a broad audience of constitutional lawyers, professors, and designers, as well as to political scientists and theorists, and generally to anyone interested in how to think about the purpose of a constitution.
0 of 0 people found the following review helpful.
Four Stars
By The Black small piece on the top used to lock the go pro is broken.
Excelent
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