We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Public Care in Public Law: Structure, Procedure, and Purpose.
- Authors
Emerson, Blake
- Abstract
This Article responds to recent mobilization around the "politics of care" by articulating a legal principle of public care within U.S. constitutional, statutory, and administrative law. Public care requires executive officials to attend to the needs and values of those who have a stake in law's administration. This principle has three components. The regulatory purpose of public care, which is recognized in various statutory authorities of the welfare state, requires government to provide those goods and services that are necessary for people to exercise moral and political agency. The administrative procedure of public care, which is recognized by the Administrative Procedure Act of 1946, requires that federal agencies act with due regard for the interests and input of affected parties. The constitutional structure of public care, recognized by the Take Care Clause, requires that the President listen to subordinate officials who have specific legal, professional, and expert authority. These three dimensions of care together offer an attractive picture of what the administrative state ought to do and how it ought to do it. The principle of public care, which is informed by Progressive political thought and feminist social theory, emphasizes social solidarity, deliberative policymaking, and official collaboration, rather than executive unilateralism, instrumental-reasoning, and isolated individualism.
- Subjects
WELFARE state; ADMINISTRATIVE procedure; INDIVIDUALISM; PUBLIC law
- Publication
Harvard Law & Policy Review, 2021, Vol 16, Issue 1, p35
- ISSN
1935-2077
- Publication type
Article