Law Without Future
Anti-Constitutional Politics and the American Right
Format:Hardback
Publisher:University of Pennsylvania Press
Published:26th Jul '19
Currently unavailable, and unfortunately no date known when it will be back
This book provides a critical analysis of how recent court cases, including Law Without Future, challenge constitutional governance and reflect radical political shifts.
In Law Without Future, Jack Jackson provides a thought-provoking and critical examination of significant court cases that challenge the foundations of constitutional governance in the twenty-first century. He delves into the implications of the 2000 Supreme Court decision that effectively handed the presidency to George W. Bush, arguing that this landmark ruling did not merely alter democratic rules but showcased a deeper, more troubling shift in legal interpretation. By analyzing this case from a historical perspective, Jackson reveals how it embodies a break from traditional constitutional law, reflecting a broader trend of radicalism and illiberalism that has gained traction within American political discourse.
The author connects this trend to various pivotal events, including the post-9/11 torture memos, the controversy surrounding Terri Schiavo, and the Republican Senate's refusal to consider President Obama's Supreme Court nominee, Merrick Garland. Through these analyses, Jackson illustrates how these moments signify a crisis that threatens the integrity of constitutional governance. He argues that this crisis has not only led to the decline of traditional conservatism on the Right but also prompted the Left to adopt a legalistic yet apolitical interpretation of constitutionalism, which carries its own reactionary consequences.
Engaging with a diverse array of political thinkers, from St. Augustine to Ronald Dworkin, Law Without Future offers a comprehensive and sobering critique of the current political landscape. Jackson’s work encourages readers to contemplate the profound changes in U.S. political life and urges a reevaluation of the principles that underpin constitutional government, seeking pathways to move beyond the current impasse.
"Jack Jackson has written a powerful and memorable book about the precursors to and implications of the anti-constitutionalism championed by the Right; he acutely identifies legal phenomena many of us have been thinking about but have not been able to put into words." * Theory & Event *
"Law without Futureeerily anticipated the 2020 election. Bookended by the 2000 decision in Bush v. Gore and the 2016 refusal of Republicans in the Senate, led by Senator McConnell, to hold hearings on President Obama’s nominee to the Supreme Court, Law without Future resonates with recent events, when a new confirmation immediately preceded efforts to undermine President Biden’s election." * Public Books *
"An important [and] terrific book." * Alexander Heffner, host of "The Open Mind" on PBS *
"[T]his book provides many productive insights into the conservative rejection of fundamental constitutional principles that currently tears at the fabric of political society." * National Lawyers Guild Review *
"Law Without Future is a superb book making a brilliant and original argument: that American jurisprudence has entered a time when, increasingly, decisions are made without reference to past (that is, precedent) or future (that is, the application of the law). Jack Jackson is an excellent legal scholar, political theorist, and writer, and he proves himself a devastating critic of Bush v. Gore and other legal cases and laws." * James Martel, San Francisco State University *
ISBN: 9780812251333
Dimensions: unknown
Weight: unknown
200 pages