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This book would be a great read for those who are interested in understanding the role of the Supreme Court in shaping American constitutional law. The book delves into the landmark Supreme Court case of Marbury v. Madison, which established the principle of judicial review and gave the Supreme Court the power to strike down unconstitutional laws. The author draws on modern cultural theory to explore the rhetorical techniques used by the courts to maintain our belief in the rule of law. This book is unique in its approach to understanding the evolution and significance of the rule of law.
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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.
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This book would be a great read for those who are interested in understanding the role of the Supreme Court in shaping American constitutional law. The book delves into the landmark Supreme Court case of Marbury v. Madison, which established the principle of judicial review and gave the Supreme Court the power to strike down unconstitutional laws. The author draws on modern cultural theory to explore the rhetorical techniques used by the courts to maintain our belief in the rule of law. This book is unique in its approach to understanding the evolution and significance of the rule of law.
Riley is your virtual thrift companion, and here to help you find your next favourite read. You can also ask Riley for recommendations on our Telegram bot here.
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.
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