A01=Paul W. Kahn
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american law
Author_Paul W. Kahn
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citizenship
common law
constitution
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economy
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natural order
order
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political theory
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project vs. system
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revolt
revolution
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western tradition
yale law school
Product details
- ISBN 9780300243413
- Dimensions: 140 x 210mm
- Publication Date: 14 Jan 2020
- Publisher: Yale University Press
- Publication City/Country: US
- Product Form: Hardback
- Language: English
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An examination of how two fundamental concepts of order influence our ideas about sovereignty, citizenship, law, and history
Western accounts of natural and political order have deployed two basic ideas: project and system. In a project, order is produced by the intentional act of a subject; in a system, order is immanent in the world. In the former, order is made; in the latter, discovered.
Paul W. Kahn shows how project and system have long been at work in our theological and philosophical tradition. Against this background, Kahn explains the development of the modern legal imagination in the nineteenth century as a movement from project to system. Americans began the century imagining the constitutional order as their common project: a deliberate construction of We the People. They ended the century imagining that order is continuous with the common law: an immanent development of the principles of civilization. This imaginative shift affected ideas of legal text, sovereignty, citizenship, interpretation, history, and science.
Western accounts of natural and political order have deployed two basic ideas: project and system. In a project, order is produced by the intentional act of a subject; in a system, order is immanent in the world. In the former, order is made; in the latter, discovered.
Paul W. Kahn shows how project and system have long been at work in our theological and philosophical tradition. Against this background, Kahn explains the development of the modern legal imagination in the nineteenth century as a movement from project to system. Americans began the century imagining the constitutional order as their common project: a deliberate construction of We the People. They ended the century imagining that order is continuous with the common law: an immanent development of the principles of civilization. This imaginative shift affected ideas of legal text, sovereignty, citizenship, interpretation, history, and science.
Paul W. Kahn is Robert W. Winner Professor of Law and the Humanities and Director of the Orville H. Schell, Jr. Center for International Human Rights at Yale Law School. He is the author of many books, including Making the Case, Political Theology, The Cultural Study of Law, and The Reign of Law.
