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The Law of the Planned Society, 75 Yale Law Journal 1227 (1966)


This article is intended as a preface to the coming development of a system of law for the planned society. It begins by attempting to diagnose some sources of trouble in our present law of planning and allocation-now included within the broad and misnamed category of Administrative Law. Second, the article suggests some of the consequences of the law's present inadequacy. Third, it examines what appear to be new trends in the law. And finally, it makes an effort to show what the law must do to face up to the problems and dilemmas which planning presents. How do we preserve democratic participation in the decision-making process-a process that is no longer effectively controlled by elected legislatures? How can planning en-compass adequately the many values of American society and not just a few limited objectives at the expense of others? How can we preserve an unplanned area for individual development and freedom of choice-an area where constitutional protection of pluralism and privacy can still be effective? I do not offer solutions to these problems. I do suggest that facing up to these problems offers our best hope of solving them.

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