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eBook
Fictions, Lies, and the Authority of Law
2021
Overview
Fictions, Lies, and the Authority of Law
discusses legal, political, and cultural difficulties that arise
from the crisis of authority in the modern world.
Is there any connection linking some of the maladies of modern
life-\"cancel culture,\" the climate of mendacity in public and
academic life, fierce conflicts over the Constitution, disputes
over presidential authority? Fictions, Lies, and the Authority
of Law argues that these diverse problems are all a
consequence of what Hannah Arendt described as the disappearance of
authority in the modern world. In this perceptive study, Steven D.
Smith offers a diagnosis explaining how authority today is based in
pervasive fictions and how this situation can amount to, as Arendt
put it, \"the loss of the groundwork of the world.\"
Fictions, Lies, and the Authority of Law considers a
variety of problems posed by the paradoxical ubiquity and absence
of authority in the modern world. Some of these problems are
jurisprudential or philosophical in character; others are more
practical and lawyerly-problems of presidential powers and
statutory and constitutional interpretation; still others might be
called existential. Smith's use of fictions as his purchase for
thinking about authority has the potential to bring together the
descriptive and the normative and to think about authority as a
useful hypothesis that helps us to make sense of the empirical
world. This strikingly original book shows that theoretical issues
of authority have important practical implications for the kinds of
everyday issues confronted by judges, lawyers, and other members of
society. The book is aimed at scholars and students of law,
political science, and philosophy, but many of the topics it
addresses will be of interest to politically engaged citizens.
Publisher
University of Notre Dame Press
Subject
ISBN
026820120X, 9780268201203
