Pierre Schlag, University Distinguished Professor & Byron R. White Professor of Law at the University of Colorado, presents a comprehensive analysis of America's political dysfunction in his new book 'Twilight of the American State.' Published by the University of Michigan Press as part of their 'Dialogues in Democracy' collection, the work examines how significant changes in U.S. law and legal institutions have set the stage for the political turmoil witnessed in recent years. Schlag argues that the uneasy combination of different versions of the state—liberal democratic, administered, neoliberal, and dissociative—has fueled the political-legal dysfunction America faces today.
Unlike many contemporary political analyses, 'Twilight of the American State' avoids prescribing quick fixes or simply lamenting political polarization. Instead, it invites readers to take a broader view of how law and legal institutions have transformed, and how these changes will shape the nation's future. This approach has garnered praise from legal scholars, with Mark Tushnet of Harvard Law School noting that Schlag's work represents a crucial step in understanding the roots of current issues. The book's analysis extends beyond the 2016 election, viewing it not as an isolated event but as the emergence of a movement rooted in long-term institutional changes.
Schlag argues that the legal profession has largely failed to examine how it has allowed law to transform from a profession into a business, mirroring broader shifts in the nature of the state itself. His reflections on the upcoming election highlight the ongoing relevance of these issues, suggesting that while immediate political concerns may dominate public discourse, there remains a pressing need for institutions such as the media, press, and political parties to engage in self-examination. By tracing the evolution of the American state through its legal and institutional changes, the book offers a foundation for more informed discussions about the nation's political future.
The University of Michigan Press has made the book available free-to-read online at https://doi.org/10.3998/mpub.12393244, aligning with their commitment to disseminating quality knowledge as widely and freely as possible. This open-access publication ensures that this important scholarship reaches a broad audience. 'Twilight of the American State' represents a significant contribution to the fields of legal and political theory and history, combining personal reflections with rigorous analysis to offer readers a fresh perspective on the complex challenges facing American democracy.
As the United States continues to grapple with political polarization and institutional dysfunction, Schlag's work provides valuable context for understanding these issues. The book's unique approach examines how the transformation of legal institutions has created conditions for current political challenges, offering readers a deeper understanding of the political landscape without resorting to simplistic explanations or solutions. This scholarly examination of institutional evolution provides crucial insights for anyone seeking to understand the structural foundations of contemporary American political problems.
