The English, American, and French revolutionaries changed all that when they...

The English, American, and French revolutionaries changed all that when they created the notion of popular sovereignty--declaring that the power once held by kings is now held by an entity that they called "the people." This created an immediate logical problem, because "the people" are by definition a group of individuals united by the fact that they are, in fact, bound by a certain set of laws. So in what sense can they have created those laws? When this questions was first posed in the wake of the British, American, and French revolutions, the answer seemed obvious: through those revolutions themselves. But this created a further problem. Revolutions are acts of law-breaking. It is completely illegal to rise up in arms, overthrow a government, and create a new political order. In fact, nothing could possibly be more illegal. Cromwell, Jefferson, or Danton were all clearly guilty of treason, according to the laws under which they grew up, just as much as they would have been had they tried to do the same thing again under the new regimes they created, say, twenty years later.
So laws emerge from illegal activity. {p. 214}