Images of the Citizen and the State: Resolving the Paradox of Public and Private Power in Constitutional Law

This book studies how the legal system handles the ever-changing lines between public and private power. It covers the paradox that occurs when the Constitution’s expansion of one individual’s spheres of protection ultimately leads to the contraction of another person’s sphere of freedom. In order to exhibit the legal system’s reaction to such a paradox, the study describes diverse approaches in course law, doctrine, and theory. It covers premises common to these approaches and their inability to resolve the problem. It confronts and exposes the different views of the citizen-state relationship implicit in those approaches. Finally, the study suggests that continuing to question and investigate perspectives of the citizen-state relationship will offer insight as to how the conduct of private individuals and public officials might properly be governed. Images of the Citizen and the State will appeal to law teachers and scholars as well as those in practice. It is highly appropriate for courses and seminars in constitutional law, civil rights law, jurisprudence, and legal theory.