Putting Liberalism in Its Place
Princeton University Press, 2009 M01 10 - 336 páginas
In this wide-ranging interdisciplinary work, Paul W. Kahn argues that political order is founded not on contract but on sacrifice. Because liberalism is blind to sacrifice, it is unable to explain how the modern state has brought us to both the rule of law and the edge of nuclear annihilation. We can understand this modern condition only by recognizing that any political community, even a liberal one, is bound together by faith, love, and identity.
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At times, certain values or norms become so important that they shift from the domain of choice to that of constitutional law; that is, they are taken. 3 See M. Ignatieff, Human Rights as Politics and Idolatry 54–55 (2001).
to that of constitutional law; that is, they are taken out of the ongoing political and moral debate and protected as a matter of fundamental law. This, for example, was the process marked by Roe v. Wade with respect to the right to ...
In our own revolutionary-constitutional tradition, we project this conception of the will onto the popular sovereign. The sovereign will, we say, is the source of law, and indeed of the nation itself. To identify with the popular ...
Here, the popular sovereign brings itself into existence in the distinctly political acts of revolution and constitutional construction. Our conception of popular sovereignty has had to be adequate to a nation of diverse immigrant ...
To study constitutional jurisprudence is to come face to face with claims of na- tional security, of compelling national interest, of the power of the state in both its external and internal dimensions. I am aware that my argument is ...
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