Jump to ContentJump to Main Navigation
Eloquence and ReasonCreating a First Amendment Culture$
Users without a subscription are not able to see the full content.

Robert L. Tsai

Print publication date: 2008

Print ISBN-13: 9780300117233

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300117233.001.0001

Show Summary Details
Page of

PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 07 July 2022

War and Syntax

War and Syntax

(p.112) 5 War and Syntax
Eloquence and Reason

Robert L. Tsai

Yale University Press

This chapter discusses war and the misconception that has circulated for some time regarding its being a purely irrational event—a social paroxysm, even the breakdown of the rule of law. Whether out of fear of ascribing normative significance to actions taken under exigent circumstances or fidelity to a text-bound theory of self-governance, scholars, have hesitated to confirm that judgments made during a time of war can or should generate foundational change. The history of the First Amendment has been inextricably bound up with Americans' perceptions of the global conflicts for which they made sacrifices. Citizens and their leaders worked out the legacy of war through use of existing democratic idioms, without the intervention of formal amendments to the Constitution. Therefore, the pertinent question is not whether armed conflict has influenced debates over governance but how individuals have molded a people's war experiences to generate constitutional meaning.

Keywords:   war, irrational event, social paroxysm, foundational change, legacy of war, governance, constitutional meaning

Yale Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.