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Tag: legal theory

Making the People Sovereign

Kahn’s book is intriguing and in many places insightful, conversant in theoretical literature ranging from that of Giorgio Agamben to that of Brian Leiter. I have two worries, one about Kahn’s similarity to Schmitt and another about Kahn’s difference from Schmitt. I worry that the richness of Schmitt’s treatment of theology is diminished in Kahn’s treatment, with theology being reduced to religion – religion that sounds quite liberal and quite Protestant. And I worry that Kahn, like Schmitt, may not provide sufficient space for difference (racial, gender, class, and even religious) in his constructive account. I will approach these worries indirectly, after first rehearsing some of Kahn’s discussion of sovereignty.