University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 2017 Appraising the Progressive State Herbert J. Hovenkamp University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Constitutional Law Commons, Courts Commons, Economic History Commons, Economic Policy Commons, Inequality and Stratification Commons, Law and Economics Commons, Law and Politics Commons, Legal History Commons, Policy History, Theory, and Methods Commons, and the Political Economy Commons Repository Citation Hovenkamp, Herbert J., "Appraising the Progressive State" (2017). Faculty Scholarship at Penn Law. 1795. https://scholarship.law.upenn.edu/faculty_scholarship/1795 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact
[email protected]. Appraising the Progressive State HerbertHovenkamp* ABSTRACT: Since its origins in the late 1 9 th century, the most salient characteristicsof the progressive state have been marginalism in economics, the greatly increased use of scientific theory and data in policy making, and the encouragement of broad electoral participation. All have served to make progressive policy less stable than classical and other more laissez-faire alternatives. However, the progressive state has also performed better than alternativesby every economic measure. One of the progressive state's biggest vulnerabilities is commonly said to be its susceptibility to special interest capture. The progressive state makes many decisions via either legislation or administrative agencies, and both are thought to be prone to special interest control at the expense of the public.