عنوان

Origins of order :

0300249446

9780300249446

0300243413

9780300243413

Origins of order :

[Book]

project and system in the American legal imagination /

Paul W. Kahn.

New Haven :

Yale University Press,

[2019]

©2019

1 online resource (xvii, 325 pages).

Yale Law Library Series in Legal History and Reference

Includes bibliographical references (pages 257-311) and index.

Preface : Project, system, and the legal imagination -- Introduction : On method, or what philosophy has to offer -- Part 1. Project and system before the Constitution. Origins of order -- An age of suspicion -- Part 2. The constitutionalism of project. An American legal project -- Elements of the legal project -- Part 3. System as the order of law. System and the theory of the common law : from Blackstone to Holmes -- The rise of an unwritten constitution -- Conclusion : Has the nineteenth century ended?

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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.

JSTOR

22573/ctvq9vh3d

Origins of order.

9780300243413

Constitutional law-- Philosophy.

Constitutional law-- United States.

Constitutional law-- Philosophy.

Constitutional law.

LAW-- Legal History.

United States.

7

HIS-- 036040

LAW-- 060000

PHI-- 019000

Kahn, Paul W.,1952-

20200822100511.0

rda

[Book]

Y