
Legitimacy and History Self-Government in American Constitutional Theory Paul W. Kahn
- Price: £20.00
- Add to Basket
Share this page:
- Format:
- Paperback
- Publication date:
- 22 Feb 1995
- ISBN:
- 9780300063073
- Imprint:
- Yale University Press
- Dimensions:
- 272 pages: 235 x 156mm
Categories:
Rejecting the conventional idea that constitutional thought has been shaped by political and social events, Kahn argues that the history of constitutionalism has been driven by logic, not experience. He brings this perspective to the familiar events of constitutional history, including the founding, the crisis of Dred Scott, Lincoln's Gettysburg Address, the rise of the Lochner Court, the assault of legal realism, and the rise of the countermajoritarian difficulty. Kahn describes a series of conceptual stages in constitutional history. He shows that the founders' project of constitutional construction was displaced by originalism, which was in turn displaced by the idea of an evolving constitution. The turn to community in contemporary constitutional theory, Kahn argues, represents the final step in this development. At this stage, the theory and practice of constitutional law split apart. This separation is the inevitable result of the effort to do the impossible: reconcile history and self-government.
The authority of the state, Kahn concludes, is bound to history in a way that makes government by the people impossible.
"I do not know of another book that participates in the constitutional dialogue with the mixture of historical perspective and acute critical eye displayed in this book. It demonstrates sweep, originality, careful criticism, and flashes of insight throughout."—Steven H. Shiffrin, Cornell University
"Legitimacy and History is a distinctive and important contribution to contemporary constitutional theory. A great strength of the book is that Kahn's discussion is so well informed historically."—Michael J. Perry, Howard J. Trienens Professor of Law, Northwestern University
-
Hidden Laws
Robinson Woodward-Burns£35.00 -
Whistleblowers
Allison Stanger£12.99 -
Overcoming Necessity
Thomas P. Crocker£50.00 -
Taking Back the Constitution
Mark Tushnet£25.00 -
Constitutional Revolution
Gary Jeffrey Jacobsohn£50.00 -
Whistleblowers
Allison Stanger£18.99 -
Congress's Constitution
Josh Chafetz£24.00 -
America’s Religious Wars
Kathleen M. Sands£20.00 -
Making the Case
Paul W. Kahn£20.00 -
Corporations Are People Too
Kent Greenfield£20.00 -
Free Speech on Campus
Erwin Chemerinsky£11.99 -
Impeachment
Charles L., Jr. Black£7.99 -
The Heart of the Declaration
Steve Pincus£12.99 -
The Soul of the First Amendment
Floyd Abrams£12.99 -
Constitutional Cliffhangers
Brian C. Kalt£14.99 -
Justice and Empathy
Robert A. Burt£60.00 -
The Future of Law and Economics
Guido Calabresi£20.00 -
The Progressives' Century
Stephen Skowronek£30.00 -
Free Speech on Campus
Erwin Chemerinsky£22.50 -
An Argument Open to All
Sanford Levinson£20.00