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Justice or Legitimacy: A Response to Ocko and Gilmartin

Published online by Cambridge University Press:  27 January 2009

Paul W. Kahn
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Type
Commentaries
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The Journal of Asian Studies , Volume 68 , Issue 1 , February 2009 , pp. 106 - 111
Copyright
Copyright © The Association for Asian Studies, Inc. 2009

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References

1 Tracing those details is the project I take up in Legitimacy and History: Self-Government in American Constitutional Theory (New Haven, Conn.: Yale University Press, 1992) and in The Reign of Law: Marbury v. Madison and the Construction of America (New Haven, Conn.: Yale University Press, 1997).

2 The distinction of the subject of sovereignty from the content of law is at the center of my analysis in Putting Liberalism in Its Place (Princeton, N.J.: Princeton University Press, 2004), 250–58.

3 On the relationship of violence to political meaning, see Kahn, Paul W., Sacred Violence: Torture, Terror and Sovereignty (Ann Arbor: University of Michigan Press, 2008)CrossRefGoogle Scholar.

4 A fuller account of Chinese law within the party-state of the twentieth century would also need to consider how law played similar or dissimilar roles in the Soviet Union.