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Origins of Order
  • Language: en
  • Pages: 344

Origins of Order

  • Categories: Law

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.

Political Theology
  • Language: en
  • Pages: 226

Political Theology

Annotation In a text innovative in both form and substance, Kahn forces an engagement with Schmitt's four chapters, offering a new version of each that is responsive to the American political imaginary.

Law and Love
  • Language: en
  • Pages: 232

Law and Love

"Law and Love shows what the best interdisciplinary work can achieve. In addition to providing surprising new readings of all of the major characters in the play, this book expands the horizons of literary studies by introducing the concerns of the legal imagination, and it introduces law into the heart of cultural studies."--BOOK JACKET.

Putting Liberalism in Its Place
  • Language: en
  • Pages: 333

Putting Liberalism in Its Place

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...

Testimony
  • Language: en
  • Pages: 162

Testimony

On her seventy-fifth birthday, the author's mother confessed to an affair more than three decades past. His father's response was unforgiving. Her need to confess met his limitless rage. She acted out of love; he sought revenge. Their battle consumed everything and everyone around them. In the middle of this struggle, she was diagnosed with cancer. Two years later, she died. Testimony is a son's memoir of this struggle. Paul Kahn finds here a story of the twentieth century, beginning with poverty in the Depression and immigration from Hitler's Germany. He follows his father's experience of the war and his return with PTSD. He traces his parents' movement through the turbulent 60s. More than a study of twentieth-century culture, Testimony is a philosophical inquiry into the possibility of faith in a secular age. History, philosophy, and theology flow together as Kahn finds in his parents' lives the resources for a series of essays on the nature of truth, memory, death, and faith. Testimony is most of all a meditation on love in a time in which the very possibility of faith is constantly put to the test.

Sacred Violence
  • Language: en
  • Pages: 250

Sacred Violence

In Sacred Violence, the distinguished political and legal theorist Paul W. Kahn investigates the reasons for the resort to violence characteristic of premodern states. In a startling argument, he contends that law will never offer an adequate account of political violence. Instead, we must turn to political theology, which reveals that torture and terror are, essentially, forms of sacrifice. Kahn forces us to acknowledge what we don't want to see: that we remain deeply committed to a violent politics beyond law. Paul W. Kahn is Robert W. Winner Professor of Law and the Humanities at Yale Law School and Director of the Orville H. Schell, Jr. Center for International Human Rights. Cover Illustration: "Abu Ghraib 67, 2005" by Fernando Botero. Courtesy of the artist and the American University Museum.

Out of Eden
  • Language: en
  • Pages: 242

Out of Eden

Offering a philosophical meditation on the problem of evil, this book uses the Genesis story of the Fall as the starting point for an articulation of the human condition, and 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.

Democracy in Times of Pandemic
  • Language: en
  • Pages: 219

Democracy in Times of Pandemic

Examines the most important democratic challenges of today, using the Covid-19 pandemic as a case study.

Finding Ourselves at the Movies
  • Language: en
  • Pages: 254

Finding Ourselves at the Movies

Academic philosophy may have lost its audience, but the traditional subjects of philosophy—love, death, justice, knowledge, and faith—remain as compelling as ever. To reach a new generation, Paul W. Kahn argues that philosophy must take up these fundamental concerns as we find them in contemporary culture. He demonstrates how this can be achieved through a turn to popular film. Discussing such well-known movies as Forrest Gump (1994), The American President (1995), The Matrix (1999), Memento (2000), The History of Violence (2005), Gran Torino (2008), The Dark Knight (2008), The Road (2009), and Avatar (2009), Kahn explores powerful archetypes and their hold on us. His inquiry proceeds in...

Making the Case
  • Language: en
  • Pages: 256

Making the Case

  • Categories: Law

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.