Vermeule on Ackerman on Constitutions & Political
Risks
via Legal Theory Blog
Solum on 9/6/10
Adrian Vermeule (Harvard University - Harvard Law School) has posted Regulating
Political Risks
Here is the abstract:
This is a response to Bruce Ackerman’s Tanner Lectures, “The Decline and
Fall of the American Republic,” delivered at Princeton University on April
7-9, 2010. I suggest a framework for clarifying and evaluating Ackerman’s
claims: constitutions and other instruments of public law can be understood
as devices for regulating political risks. Many of the standard tools of
risk regulation analysis can be used, with appropriate modifications, to
analyze political risks and to evaluate the institutions that attempt to
manage those risks. Given this framework, I suggest that Ackerman’s central
claims and concerns are inconsistent or ill-defined.
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