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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We appeal to the idea of human rights—“It is the law,” we say—but beneath the legal rhetoric we find disagreement about the nature of the individual and his or her relationship to the community. Disagreement, we fear, may go all the way ...
To put liberalism in its proper place is to take up the question of the nature of the unity of the political community—in particular, of our political community. It is to turn from the rules of governance to the character of ...
... 31–33 (1980); J. Rawls, A Theory of Justice127 (1971) (on moderate scarcity); D. Hume, A Treatise on Human Nature 486–88 (L. A. Selby-Bigge, ed.,  1951) (on the circumstances of justice.) 18 See Rawls, Theory of Justice at ...
My own beliefs in this regard, however, are as irrelevant to the analysis as my own religious beliefs are to understanding the nature of Christian or Jewish faith. 25 Contemporary theorists who have appealed to Schmitt have ...
More than theory is at stake here, for if we allow liberalism to block our view of this political experience of popular sovereignty, we will not comprehend the nature of the law in what may be an emerging American Empire.
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