Administrative / Constitutional Law

Reclaiming the Public

Edited by Avihay Dorfman · Alon Harel
Cambridge University Press February 2024

Specifications

ISBN-13
9781009327176
Publisher
Cambridge University Press
Publication
February 2024
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Reclaiming the Public defines and defends the intrinsic value of “the public” that resides in our public institutions and the officials that run them. The book argues that public institutions do not simply act for us but instead speak and act in our name; i.e., they represent us. Representation requires that decisions made by public institutions or officials are consistent with the perspectives of citizens. If the decisions satisfy this requirement, these decisions are attributable to citizens, and citizens can be held responsible for them. This theory of political authority accounts for major features of our legal system, such as the non-instrumental grounds for the separation of law-making powers, the non-instrumental value of constitutions, the limits of privatization, the nature and value of public property, and the impermissibility of using artificial intelligence in setting certain policies and making certain decisions.

  • Develops a non-instrumental justification for the authority of the state and of the law
  • Addresses foundational and cutting-edge questions about the function and importance of public institutions and draws its institutional and doctrinal implications
  • Reframes the role of public officials in a liberal society; accounts for contemporary debates concerning privatization, the nature of public property, and the use of AI

Table of Contents

1. A Public Conception of Political Authority
2. Law as Standing
3. Speaking in a Different Voice: The Necessity of Institutional Pluralism
4. Inherently Public Goods
5. Against Privatization As Such
6. Public Ownership
7. Why Not Artificial Intelligence? The Normative Status of Public Algorithms
Concluding Remarks
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