Freedom and Time
A Theory of Constitutional Self-government
Jed Rubenfeld(Author)
Yale University Press
Published on 10. April 2001
Book
Hardback
304 pages
978-0-300-08048-3 (ISBN)
Description
Should we try to live in the present? Such is the imperative of modernity, Jed Rubenfeld writes in this important and original work of political theory. Since Jefferson proclaimed that 'the earth belongs to the living', since Freud announced that mental health requires people to 'get free of their past', since Nietzsche declared that the happy man is the man who 'leaps into the moment', modernity has directed its inhabitants to live in the present, as if there alone could they find happiness, authenticity, and above all freedom. But this imperative, Rubenfeld argues, rests on a profoundly inadequate, deforming picture of the relationship between freedom and time. Instead, Rubenfeld suggests, human freedom, indeed human being itself, necessarily extends into both past and future; self-government consists of giving our lives meaning and purpose over time. From this conception of self-government, Rubenfeld derives a new theory of constitutional law's place in democracy. Democracy, he writes, is not a matter of governance by the present 'will of the people'; it is a matter of a nation's laying down and living up to enduring political and legal commitments.
Constitutionalism is not counter to democracy, as many believe, or a pre-condition of democracy; it is or should be democracy itself over time. On this basis, Rubenfeld offers a new understanding of constitutional interpretation and of the fundamental right of privacy.
Constitutionalism is not counter to democracy, as many believe, or a pre-condition of democracy; it is or should be democracy itself over time. On this basis, Rubenfeld offers a new understanding of constitutional interpretation and of the fundamental right of privacy.
Reviews / Votes
"Rubenfeld's voice is distinctive in contemporary constitutional theory. His fascinating book is sure to spark excited discussion." Sandy Levinson, University of Texas Law School "This is an elegant book, full of erudition and insight. Rubenfeld's arguments are genuinely original." Lawrence G. Sager, New York University School of Law"More details
Language
English
Place of publication
United States
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
Weight
510 gr
ISBN-13
978-0-300-08048-3 (9780300080483)
Copyright in bibliographic data is held by Nielsen Book Services Limited or its licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions

E-Book
10/2008
1st Edition
Yale University Press
€96.95
Available for download
Person
Jed Rubenfeld is Slaughter Professor of Law at Yale Law School.