Other books byPhilip Bobbitt
With the interest in theories of popular constitutionalism currently driving a vigorous debate, the interpretation of the American Constitution has taken center stage on the intellectual, moral, and political agenda of the United States. In this revised edition of Constitutional Fate, including a new introduction by the author, Philip Bobbitt studies the basis for legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day. Bobbitt posits characteristic types of constitutional argument by which judicial review is carried out.
The Shield of Achilles
War, Peace, and the Course of History
For five centuries, the State has evolved according to epoch-making cycles of war and peace. But now our world has changed irrevocably. What faces us in this era of fear and uncertainty? How do we protect ourselves against war machines that can penetrate the defenses of any state? Visionary and prophetic, The Shield of Achilles looks back at history, at the “Long War” of 1914-1990, and at the future: the death of the nation-state and the birth of a new kind of conflict without precedent.
Philip Bobbitt's seminal contribution, Constitutional Fate, first described the six fundamental forms of interpretive argument and showed how these operated to legitmate judicial review. In Constitutional Intepretation he takes up the remainder of this project: how are we to decide which forms should govern when, in hard cases, the differing methods of interpretation yield different results? How do forms of constitutional argument that maintain legitimacy also thereby ensure justice? This classic work is a layman's primer by which a student can learn to analyze constiutional problems from a legal point of view.
The Garments of Court and Palace
Machiavelli and the World That He Made
The Prince, a political treatise by the Florentine public servant and political theorist Niccolo Machiavelli is widely regarded as the single most influential book on politicsand in particular on the the politics of powerever written. In this groundbreaking book, Philip Bobbitt explores this often misunderstood work in the context of the time. He describes The Prince as one half of a masterpiece that, along with Machiavelli’s often neglected Discourses prophesies the end of the feudal era and describes the birth of the neoclassical Renaissance State. Using both Renaissance examples and cases drawn from our current era, Bobbitt situates Machiavelli’s work as a turning point in our understanding of the relation between war and law as these create and maintain the State. This is a fascinating history and commentary by the man Henry Kissinger called "the outstanding political philosopher of our time."