This paper draws a distinction between ‘communitarian’ and ‘rationalist’ legal orders on the basis of the implied political strategy. We argue that the West’s solution to the paradox of governance – that a government strong enough to protect rights cannot itself be restrained from violating those rights – originates in . . .
One doesn’t need much detailed historical knowledge to be struck by just how recent many of the most deeply held moral and political convictions in the modern West are. Prior to just a few hundred years ago, it would have been considered eccentric (at best) or seditious (at worst) to . . .