Twilight of the American State

The Twilight of the American State explores how law and legal institutions have contributed to the rise of an angry, militant, revanchist, and authoritarian movement in the United States. It argues that the American state is composed of different versions of the state, each with its own law and legal institutions, and that each has survived displacement by succeeding versions. The book offers a sweeping exploration of the tribulations of the American state and abjures conventional academic frameworks, prescriptions for quick fixes, and historical celebrations of the American Spirit.

Format: Hardback
Length: 242 pages
Publication date: 16 February 2023
Publisher: The University of Michigan Press

The sudden emergence of the Trump nation, which caught nearly everyone off guard, including journalists, pundits, political consultants, and academics, was a surprising turn of events. When Trump won the presidency in 2016, his victory was initially perceived as a fluke, with many questioning the legitimacy of his presidency. However, as time passed, it became evident that Trump's ascendancy was the result of the rise of a movement that was angry, militant, revanchist, and unabashedly authoritarian.

In order to understand how this came to be, Twilight of the American State provides a comprehensive exploration of how law and legal institutions played a significant role in laying the groundwork for this rebellious movement. The book challenges the conventional understanding of the American state as a liberal democracy, arguing that it is, in fact, a complex and unstable amalgamation of different versions of the state. These versions emerged through their respective laws and legal institutions, each responding to deficits in the preceding ones. Each version has had its own historical moment, and while some have been displaced by succeeding versions, they continue to exert influence in the contemporary political landscape.

Pierre Schlag offers a sweeping perspective on the challenges facing the American state in his book. He eschews traditional academic frameworks, avoids quick-fix solutions, avoids lamentations about polarization, and sidesteps historical celebrations of the American Spirit. Instead, he provides a detailed account of the various iterations of the American state, its historical origins, and the ongoing struggles it faces.

The book's central argument is that the American state is composed of an uneasy and unstable combination of different versions of the state, including liberal democratic, administered, neoliberal, and dissociative. Each of these versions has its own set of laws and legal institutions, which have evolved over time in response to various political, economic, and social challenges. While these versions have coexisted peacefully in the past, they are now competing for dominance, leading to political-legal dysfunction in the contemporary United States.

One of the key themes of the book is the role of law and legal institutions in shaping the American state. Schlag argues that the American state is not a monolithic entity but rather a complex system of interrelated institutions that have evolved over centuries. These institutions include the Constitution, the federal government, state governments, local governments, and the legal profession. Each of these institutions has its own set of powers and responsibilities, and they interact with each other in complex ways to shape the American political landscape.

One of the book's most controversial arguments is that the American state is not just a liberal democracy but also includes elements of authoritarianism. Schlag argues that the American state has historically been characterized by a combination of democratic and authoritarian impulses, with the balance of power shifting between these two forces over time. While democratic institutions such as the Constitution and the federal government have played a crucial role in protecting individual rights and promoting social justice, authoritarian institutions such as the military and the police have also been used to suppress dissent and maintain order.

Another important theme of the book is the impact of law and legal institutions on social inequality. Schlag argues that the American legal system has been designed to promote economic growth and prosperity, but it has also perpetuated social inequality by privileging the interests of wealthy individuals and corporations over those of marginalized communities. This has led to a concentration of wealth and power in the hands of a small elite, while many Americans struggle to make ends meet and access basic social services.

In conclusion, Twilight of the American State is a thought-provoking and important book that provides a comprehensive exploration of the complex and unstable nature of the American state. By challenging the conventional understanding of the American state as a liberal democracy, the book sheds light on the various versions of the state that have emerged over time and the ongoing struggles they face. Through its detailed account of the role of law and legal institutions in shaping the American state, the book offers insights into the political-legal dysfunction that America confronts today and provides a roadmap for addressing these challenges.

Dimension: 229 x 152 (mm)
ISBN-13: 9780472133383