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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. Putting Liberalism in Its Place draws on philosophy, cultural theory, American constitutional law, religious and literary studies, and political psychology to advance political theory. It makes original contributions in all these fields. Not since Charles Taylor's The Sources of the Self has there been such an ambitious and sweeping examination of the deep structure of the modern conception of the self. Kahn shows that only when we move beyond liberalism's categories of reason and interest to a Judeo-Christian concept of love can we comprehend the modern self. Love is the foundation of a world of objective meaning, one form of which is the political community. Arguing from these insights, Kahn offers a new reading of the liberalism/communitarian debate, a genealogy of American liberalism, an exploration of the romantic and the pornographic, a new theory of the will, and a refoundation of political theory on the possibility of sacrifice. Approaching politics from the perspective of sacrifice allows us to understand the character of twentieth-century politics, which combined progress in the rule of law with massive slaughter for the state. Equally important, this work speaks to the most important political conflicts in the world today. It explains why American response to September 11 has taken the form of war, and why, for the most part, Europeans have been reluctant to follow the Americans in their pursuit of a violent, sacrificial politics. Kahn shows us that the United States has maintained a vibrant politics of modernity, while Europe is moving into a postmodern form of the political that has turned away from the idea of sacrifice. Together with its companion volume, Out of Eden, Putting Liberalism in Its Place finally answers Clifford Geertz's call for a political theology of modernity.
Communitarianism --- Liberalism --- Political culture --- Social contract. --- Social compact --- Consensus (Social sciences) --- Political science --- Sociology --- Sovereignty --- Liberal egalitarianism --- Liberty --- Social sciences --- Social structure --- Social contract --- Liberalism - United States --- Communitarianism - United States --- Political culture - United States
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Jurisprudence --- Rule of law --- Law --- Political science --- Philosophy --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The
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Writing in the tradition of Karl Llewellyn's classic The Bramble Bush, Paul Kahn speaks in this book simultaneously to students and scholars. Drawing on thirty years of teaching experience, Kahn introduces students to the deep, narrative structure of the judicial opinion. Learning to read the opinion, the student learns the nature of legal argument. Thus Kahn's exposition of the opinion simultaneously offers a theory of legal meaning that will be of great interest to scholars of law, humanities, and the social sciences. At the center of Kahn's approach are ideas of narrative, persuasion, and self-government. His sweeping account of interpretation in law offers innovative views of the nature of authorship, the development and decline of doctrine, and the construction of facts.
Judicial opinions --- Judicial process --- Legal composition --- Law --- Communication in law --- Practice of law --- Forms (Law) --- Authorship --- Editing --- Judicial opinions. --- Judicial process. --- Legal composition. --- Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Judges --- Procedure (Law) --- Opinions, Judicial --- Legal opinions --- Psychological aspects --- Interpretation and construction --- United States. --- AB --- ABSh --- Ameerika Ühendriigid --- America (Republic) --- Amerika Birlăshmish Shtatlary --- Amerika Birlăşmi Ştatları --- Amerika Birlăşmiş Ştatları --- Amerika ka Kelenyalen Jamanaw --- Amerika Qūrama Shtattary --- Amerika Qŭshma Shtatlari --- Amerika Qushma Shtattary --- Amerika (Republic) --- Amerikai Egyesült Államok --- Amerikanʹ Veĭtʹsėndi͡avks Shtattn --- Amerikări Pĕrleshu̇llĕ Shtatsem --- Amerikas Forenede Stater --- Amerikayi Miatsʻyal Nahangner --- Ameriketako Estatu Batuak --- Amirika Carékat --- AQSh --- Ar. ha-B. --- Arhab --- Artsot ha-Berit --- Artzois Ha'bris --- Bí-kok --- Ē.P.A. --- EE.UU. --- Egyesült Államok --- ĒPA --- Estados Unidos --- Estados Unidos da América do Norte --- Estados Unidos de América --- Estaos Xuníos --- Estaos Xuníos d'América --- Estatos Unitos --- Estatos Unitos d'America --- Estats Units d'Amèrica --- Ètats-Unis d'Amèrica --- États-Unis d'Amérique --- Fareyniḳṭe Shṭaṭn --- Feriene Steaten --- Feriene Steaten fan Amearika --- Forente stater --- FS --- Hēnomenai Politeiai Amerikēs --- Hēnōmenes Politeies tēs Amerikēs --- Hiwsisayin Amerikayi Miatsʻeal Tērutʻiwnkʻ --- Istadus Unidus --- Jungtinės Amerikos valstybės --- Mei guo --- Mei-kuo --- Meiguo --- Mî-koet --- Miatsʻyal Nahangner --- Miguk --- Na Stàitean Aonaichte --- NSA --- S.U.A. --- SAD --- Saharat ʻAmērik --- SASht --- Severo-Amerikanskie Shtaty --- Severo-Amerikanskie Soedinennye Shtaty --- Si͡evero-Amerikanskīe Soedinennye Shtaty --- Sjedinjene Američke Države --- Soedinennye Shtaty Ameriki --- Soedinennye Shtaty Severnoĭ Ameriki --- Soedinennye Shtaty Si͡evernoĭ Ameriki --- Spojené obce severoamerick --- Spojené staty americk --- SShA --- Stadoù-Unanet Amerika --- Stáit Aontaithe Mheirice --- Stany Zjednoczone --- Stati Uniti --- Stati Uniti d'America --- Stâts Unîts --- Stâts Unîts di Americhe --- Steatyn Unnaneysit --- Steatyn Unnaneysit America --- SUA --- Sŭedineni amerikanski shtati --- Sŭedinenite shtati --- Tetã peteĩ reko Amérikagua --- U.S. --- U.S.A. --- United States of America --- Unol Daleithiau --- Unol Daleithiau America --- Unuiĝintaj Ŝtatoj de Ameriko --- US --- USA --- Usono --- Vaeinigte Staatn --- Vaeinigte Staatn vo Amerika --- Vereinigte Staaten --- Vereinigte Staaten von Amerika --- Verenigde State van Amerika --- Verenigde Staten --- VS --- VSA --- Wááshindoon Bikéyah Ałhidadiidzooígí --- Wilāyāt al-Muttaḥidah --- Wilāyāt al-Muttaḥidah al-Amirīkīyah --- Wilāyāt al-Muttaḥidah al-Amrīkīyah --- Yhdysvallat --- Yunaeted Stet --- Yunaeted Stet blong Amerika --- ZDA --- Združene države Amerike --- Zʹi͡ednani Derz͡havy Ameryky --- Zjadnośone staty Ameriki --- Zluchanyi͡a Shtaty Ameryki --- Zlucheni Derz͡havy --- ZSA --- ABŞ --- Amerikanʹ Veĭtʹsėndi͡avks Shtattnė --- É.-U. --- ÉU --- Saharat ʻAmērikā --- Spojené obce severoamerické --- Spojené staty americké --- Stáit Aontaithe Mheiriceá --- Wááshindoon Bikéyah Ałhidadiidzooígíí
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Rule of law --- Culture and law --- Law --- Jurisprudence --- Law and culture --- Philosophy --- Culture and law. --- Philosophy.
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In Out of Eden, Paul W. Kahn offers a philosophical meditation on the problem of evil. He uses the Genesis story of the Fall as the starting point for a profound articulation of the human condition. Kahn shows us that evil expresses the rage of a subject who knows both that he is an image of an infinite God and that he must die. Kahn's interpretation of Genesis leads him to inquiries into a variety of modern forms of evil, including slavery, torture, and genocide. Kahn takes issue with Hannah Arendt's theory of the banality of evil, arguing that her view is an instance of the modern world's lost capacity to speak of evil. Psychological, social, and political accounts do not explain evil as much as explain it away. Focusing on the existential roots of evil rather than on the occasions for its appearance, Kahn argues that evil originates in man's flight from death. He urges us to see that the opposite of evil is not good, but love: while evil would master death, love would transcend it. Offering a unique perspective that combines political and cultural theory, law, and philosophy, Kahn here continues his project of advancing a political theology of modernity.
Good and evil. --- Evil --- Wickedness --- Ethics --- Philosophy --- Polarity --- Religious thought --- Good and evil --- 216 --- Goed en kwaad --- Eden. --- Garden of Eden --- Paradise
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Is torture the inevitable reaction to terrorism?
Torture. --- Sovereignty. --- Political violence. --- Terrorism --- War on Terrorism, 2001-2009 --- Violence --- Political crimes and offenses --- Sovereignty --- State sovereignty (International relations) --- International law --- Political science --- Common heritage of mankind (International law) --- International relations --- Self-determination, National --- Cruelty --- Punishment --- Extraordinary rendition --- Prevention --- Law and legislation. --- Law and legislation --- Torture --- Political violence --- Acts of terrorism --- Attacks, Terrorist --- Global terrorism --- International terrorism --- Political terrorism --- Terror attacks --- Terrorist acts --- Terrorist attacks --- World terrorism --- Direct action --- Insurgency --- Subversive activities --- Terror --- Prevention&delete&
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This is the first major work to apply to the rule of law the insights of modern cultural theory, ranging from Clifford Geertz to Michel Foucault. Starting from Thomas Paine's observation that "in America, law is king," Paul Kahn asks: What are the elements of our belief in the rule of law? And what are the rhetorical techniques by which the courts maintain this belief?Kahn centers his exploration on the 1803 Supreme Court case of Marbury v. Madison-still the greatest of our constitutional cases. Kahn shows that Marbury is the judicial response to President Thomas Jefferson's belief that his election represented a Second American Revolution. Kahn uses the confrontation between president and Court to analyze the contrasting ways in which the revolutionary and the legal imaginations understand and give shape to political events. This contest continues today in the conflicting demands we make for a politics that preserves the past yet celebrates popular innovation.Kahn shows that the rule of law is our deepest political myth. It carries forward a Western religious tradition in which law appeared as divine revelation. We have secularized this conception, substituting the popular sovereign for the divine and revolution for revelation. Yet law's rule continues to appear to us as a representation of the sovereign's will made apparent in an extraordinary moment of revolution.
Jurisprudence --- Rule of law --- Law --- Political science --- Law - U.S. - General --- Law - U.S. --- Law, Politics & Government --- Anglo-American law --- Law, Anglo-American --- Supremacy of law --- Administrative law --- Constitutional law --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Philosophy. --- Philosophy
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Constitutional history --- Constitutional law --- Political science --- Philosophy --- Philosophy --- Philosophy.
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Motion pictures --- Motion pictures --- Love in motion pictures --- Death in motion pictures --- Motion pictures --- Philosophy --- Moral and ethical aspects --- Influence
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