“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

Exploring the dynamics of law-making in a world where the pace of technological change is outstripping our capacity to capture new forms of transnational crime, this book uses the innovative concept of unlawfulness to examine the crimes of the global overworld, forming a unique analysis of global order in the twenty-first century.

Al-Ghazali's Book of the Lawful and the Unlawful is the fourteenth chapter of The Revival of the Religious Sciences, which is widely considered as the greatest work of Islamic spirituality. Written by one of the most famous of theologian-mystics of all time, The Book of the Lawful and the Unlawful is unlike other Islamic works concerned with legal issues. Here, Abu Hamid al-Ghazali aims to teach his readers firstly the theory of what is lawful and what is unlawful and how to deal with dubious or ambiguous issues, and secondly how to apply the knowledge they have gained to their everyday lives. The main support for this application, especially in matters that are unclear, is caution or prudence (wara) and Ghazali explains the degrees of prudence necessary beginning with the prudence of the upright and ending with the prudence of the saintly. Thus the sincere practice of what is lawful and desisting from what is unlawful become integrated into one's spiritual life. As in his other works, Ghazali bases himself on the Qur'an and narrations from the Prophet Muhammad, followed by examples from the Companions, the Successor generations and the pious Predecessors.