Tag paul w. kahn

Origins of Order

Paul W. Kahn— Project and system views of law are in deep tension, but this is not a tension that needs to be resolved at an abstract level. We live with multiple ways of imagining law and explaining ourselves. These different pictures contend at the retail level. They are put

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The End of Conservatism

Paul W. Kahn— Project and system are two competing narrative forms that organize the way we imagine the nature of legal order. A project gains its principle of order from the intentional act of a free subject. A system gains its principle of order immanently and spontaneously. To write a

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The “Seriatim Practice” of the Supreme Court

Paul W. Kahn—   We can imagine a state in which courts issued judgments without explanation. The need to settle disputes requires some form of adjudicatory mechanism; it does not necessarily require explanation of the decisions. When there is explanation, the form of presentation has varied over time. The American

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