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 ...
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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.
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Add this copy of Legitimacy and History to cart. $43.66, new condition, Sold by Ria Christie Books rated 5.0 out of 5 stars, ships from Uxbridge, MIDDLESEX, UNITED KINGDOM, published 1993 by Yale University Press.
Add this copy of Legitimacy & History – Self Government in American to cart. $47.94, new condition, Sold by Books2anywhere rated 5.0 out of 5 stars, ships from Fairford, GLOUCESTERSHIRE, UNITED KINGDOM, published 1993 by Yale University Press.
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PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
Add this copy of Legitimacy and History: Self-Government in American to cart. $57.44, new condition, Sold by Booksplease rated 3.0 out of 5 stars, ships from Southport, MERSEYSIDE, UNITED KINGDOM, published 1993 by Yale University Press.
Add this copy of Legitimacy & History – Self Government in American to cart. $50.75, new condition, Sold by Paperbackshop International rated 2.0 out of 5 stars, ships from Fairford, GLOS, UNITED KINGDOM, published 1993 by Yale University Press.
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PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
Add this copy of Legitimacy and History: Self-Government in American to cart. $9.71, very good condition, Sold by ThriftBooks-Atlanta rated 5.0 out of 5 stars, ships from Austell, GA, UNITED STATES, published 1993 by Yale University Press.
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Add this copy of Legitimacy and History: Self-Government in American to cart. $10.92, good condition, Sold by Midtown Scholar Bookstore rated 5.0 out of 5 stars, ships from Harrisburg, PA, UNITED STATES, published 1993 by Yale University Press.
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HARDCOVER Good-Bumped and creased book with tears to the extremities, but not affecting the text block, may have remainder mark or previous owner's name-GOOD Standard-sized.
Add this copy of Legitimacy and History: Self-Government in American to cart. $22.50, very good condition, Sold by Montana Book Company rated 5.0 out of 5 stars, ships from Fond du Lac, WI, UNITED STATES, published 1993 by Yale University Press.
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Very Good. Very Good Dust Jacket. 1st Printing. 8vo-over 7¾"-9¾" tall. pp. 260. 260 pp. Tightly bound. Corners not bumped. Text is free of markings. No ownership markings. Very good dust jacket. Note: This book is from a smoker's library. First Edition / First Printing. 10, 9, 8, 7, 6, 5, 4, 3, 2, 1.
Add this copy of Legitimacy and History Self-Government in American to cart. $59.00, very good condition, Sold by Sage Rare & Collectible Books rated 5.0 out of 5 stars, ships from Livonia, MI, UNITED STATES, published 1993 by Yale University Press.
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Very Good+ in Near Fine dust jacket. 0300054998. Grey cloth cover is rubbed at spine caps otherwise pristine. Boards and spine are straight. Binding is tight. A couple of pages are dog earred, otherwise pages are clean and pristine. Dust jacket has light shelf rubbing but near pristine. DJ protected by a brand new, clear, acid-free mylar cover. We add mylar covers to all books with DJs to preserve the DJs and add luster to magnify their beauty. (If pictured, shown without the mylar cover for an accurate representation of dust jacket. ); 9.6 X 6.2 X 1.1 inches; 272 pages.