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    • --How to Sue a Robot
    • --Constitutional Policing and Compromise
    • --The Clash of Procedural Values
    • --Twombly and Iqbal at the State Level
    • --Transferred Justice: An Empirical Account of Federal Transfers in the Wake of Atlantic Marine
    • --Trans-Personal Procedures
    • --Rights come with Responsibilities: Personal Jurisdiction and Corporate Personhood
    • --Pleading and Proving Foreign Law in the Age of Plausibility Pleading
    • --Tremors of Things to Come: The Great Split between Federal and State Pleading Standards
    • --Assessing Iqbal after One Year: Effects and Proposals
    • --Creon's Secretaries: The Conceptual Foundations of the Procedural State
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Creon's Secretaries: The Conceptual Foundations of the Procedural State

My dissertation examines the rise and development of the procedural state and the displacement, metaphorically speaking, of Creon (the sovereign) by his secretaries (judicial and bureaucratic institutions). This development marks not a shift of power, but a displacement of the decision-making locus from the will of individuals towards procedures. The dissertation examines three moments. The first moment anatomizes the historical forces and conceptual commitments that undergird the rise of the procedural state. The second moment examines the normative roots of opposition to the procedural state and the conceptual vocabulary, still with us, employed to resist the expansion of procedural elements to the state and society. The third moment explores attempts to overcome the antagonism between proponents and opponents of the procedural state and reconcile their concerns.

Preferred citation: Roger Michalski,
Creon's Secretaries: The Conceptual Foundations of the Procedural State
,
Doctoral Dissertation, University of Michigan
(2009).

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