• Sign In / Register
  • Help
  • Basket0
The books you love, the emails you want
Time is running out, opt in before 25 May or you'll stop hearing from us
Yes Please
Legitimacy and History: Self-Government in American Constitutional Theory (Hardback)
  • Legitimacy and History: Self-Government in American Constitutional Theory (Hardback)
zoom

Legitimacy and History: Self-Government in American Constitutional Theory (Hardback)

(author)
£30.00
Hardback 272 Pages / Published: 27/01/1993
  • We can order this

Usually despatched within 3 weeks

  • This item has been added to your basket

Check Marketplace availability

This powerfully conceptualized book is both a rich intellectual history of two hundred years of American constitutional theory and an original philosophical inquiry into the possibility of self-government. Legitimate government in the United States means self-government. Yet Americans also believe that their government must be constrained by a Constitution that is now two hundred years old. Paul W. Kahn sees the development of constitutional theory as a continuous effort to resolve this conflict between self-government and history. 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.

Publisher: Yale University Press
ISBN: 9780300054996
Number of pages: 272
Weight: 544 g
Dimensions: 235 x 156 x 19 mm

You may also be interested in...

The Captive Mind
Added to basket
£12.99
Paperback
On Anarchism
Added to basket
£6.00
Paperback
Utopia
Added to basket
£4.99
Paperback
The Human Condition
Added to basket
Capital
Added to basket
£18.99
Paperback
On Liberty
Added to basket
£4.99
Paperback
Inventing the Individual
Added to basket
The Social Contract
Added to basket
The Prince
Added to basket
£10.00
Hardback
The Politics Book
Added to basket
DK
£16.99
Hardback
The Prince
Added to basket
£4.99
Paperback
The Prince
Added to basket
£7.99   £5.99
Paperback
Utopia
Added to basket
£7.99
Paperback
The Prince
Added to basket
£5.99
Paperback
Republic
Added to basket
£9.99
Paperback

Reviews

Please sign in to write a review

Your review has been submitted successfully.