Law Matters, Even to the Executive

Document Type

Article

Publication Date

2014

Abstract

In both constitutional and international law, legal rules often cannot be enforced without the voluntary compliance of the entity they target. Is that really “law”? Or is rule compliance in such circumstances just an expression of “interests”? This review essay engages with three books -- by Eric Posner and Adrian Vermeule, Jack Goldsmith, and Carl Schmitt -- to argue that this question cannot be answered without serious attention to the actual workings of modern American law, politics, and governance.

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