the rule of law versus the role of madness
THE RULE OF LAW versus THE ROLE OF MADNESS One conception of politics, according to Paul W. Kahn, involves "a commitment to both history and territory" (time and space), and "the rule of law is an organization of institutions, practices, persons, and objects with the ongoing historical and spatial project that is the state. The state occupies time and space not as an object in the natural world, but as an imaginative construction of temporal and spatial meanings. The state's time is history; its space is territory. These are the subjects of a legal aesthetic" [ The Cultural Study of Law ( Chicago: University of Chicago Press, 1999), 40]. It is unfortunate that few of us were ever taught that the United States of America as a state is actually a work of fiction upon which we are obligated, as citizens, to impose a patriotic sense of something possessing four dimensions, celebrated in flags, song, pledge, and prayer. It is unfortunate t...