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Origins of Order - Project and System in the American Legal Imagination (Paperback)
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Origins of Order - Project and System in the American Legal Imagination (Paperback)
Series: Yale Law Library Series in Legal History and Reference
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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.
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