LEGAL LACUNA, SOVEREIGNTY, AND DEFERENCE: A RADICAL CRITIQUE OF LIBERALISM AND THE CHEVRON DOCTRINE
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2019
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Abstract
This dissertation examines how administrative procedure law operates semiotically to ensure a bureaucratization of civil society, specifically analyzing how this process can be seen in rhetoric surrounding the doctrine of judicial deference. I will make the argument that sovereignty does indeed still function in a hegemonic manner that has utilized the obscurity of the law, such as complex and often contrarily applied substantive canons like Chevron deference, to ensure its continuance. I argue that semiotic bureaucratization has provided sovereignty an arena for power expansion that is, in many ways, impervious to criticism.