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Reading Blackstone In The Twenty-First Century And The Twenty-First Century Through Blackstone, Jessie Allen Jan 2014

Reading Blackstone In The Twenty-First Century And The Twenty-First Century Through Blackstone, Jessie Allen

Book Chapters

If the Supreme Court mythologizes Blackstone, it is equally true that Blackstone himself was engaged in something of a mythmaking project. Far from a neutral reporter, Blackstone has some stories to tell, in particular the story of the hero law. The problems associated with using the Commentaries as a transparent window on eighteenth-century American legal norms, however, do not make Blackstone’s text irrelevant today. The chapter concludes with my brief reading of the Commentaries as a critical mirror of some twenty-first-century legal and social structures. That analysis draws on a long-term project, in which I am making my way through …


The Paradigm Of The Holocaust Will Not Last Forever, Richard A. Primus Jan 2014

The Paradigm Of The Holocaust Will Not Last Forever, Richard A. Primus

Book Chapters

In college I studied political theory. In class after class, I noticed that instructors and students alike regularly used the Holocaust as a way to test ideas. Any successful principle of political morality must show that the Nazis were wrong; any successful theory of political institutions must be structured to prevent Nazis from rising to power again. These were the implicit rules of the discipline. I preferred to argue in other ways. The Holocaust was personal, and too big to be put to use. Surely I could ground my ideas in something else, some problem or event other than the …