UID:
almafu_9960741895502883
Format:
1 online resource (xvii, 325 pages).
ISBN:
0-300-24944-6
Series Statement:
Yale Law Library Series in Legal History and Reference
Content:
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.
Note:
Frontmatter --
,
Contents --
,
Preface: Project, System, and the Legal Imagination --
,
Acknowledgments --
,
Introduction: On Method, Or What Philosophy Has to Offer --
,
Introduction --
,
1. Origins of Order --
,
2. An Age of Suspicion --
,
Introduction --
,
3. An American Legal Project --
,
4. Elements of the Legal Project --
,
Introduction --
,
5. System and the Theory of the Common Law: From Blackstone to Holmes --
,
6. The Rise of an Unwritten Constitution --
,
Conclusion: Has the Nineteenth Century Ended? --
,
Notes --
,
Index
,
In English.
Additional Edition:
ISBN 0-300-24341-3
Language:
English
DOI:
10.12987/9780300249446
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