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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But we will never understand the character of the American rule of law without first understanding the way in which it is embedded in a conception of popular sovereignty. More importantly, we will not understand the way in which the ...
For Americans, the polity has its origin in the speech of the popular sovereign. That the sovereign speaks a ... If the idea of popular sovereignty arises at all, it tends to be equated with majority rule. That conception, however ...
24 Personally, I have little taste for the politics of faith and sacrifice that I believe to be constitutive of an American culture of popular sovereignty. My own beliefs in this regard, however, are as irrelevant to the analysis as my ...
Our faith in popular sovereignty does not make us indifferent to the liberal content of the rule of law. Law and popular sovereignty exist in a reciprocal relationship. Our faith in the popular sovereign is to some extent a function of ...
Conversely, all law must show itself, directly or indirectly, as the speech of the popular sovereign. ... 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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