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Theory of Societal Constitutionalism

1992 Political Science
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Release : 1992
Genre : Political Science
Kind : eBook
Book Rating : 401/5 ( reviews)

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Book Synopsis Theory of Societal Constitutionalism by : David Sciulli

Download or read book Theory of Societal Constitutionalism written by David Sciulli. This book was released on 1992. Available in PDF, EPUB and Kindle. Book excerpt: The author argues that the existing conceptual frameworks of political and social theory restrict both theorists and empirical researchers to a narrow definition of authoritarianism that focuses on governmental structure and fails to take account of forms of social control exercised outside the governmental sphere. Rather than define authoritarianism primarily by contrast to liberal democracy, Sciulli argues, we need to broaden our conception of authoritarianism to include "social authoritarianism," referring to social control imposed by private organizations and institutions, such as business corporations and professional associations. In this book, Sciulli develops an alternative conceptual framework, which he calls the theory of societal constitutionalism, and he explains how the theory can be used to assess whether social order in a society, whether democratic or authoritarian in political rule, is characterized by some degree of social authoritarianism. The book will be important reading for theorists in sociology, political science and legal studies.

Constitutional Imaginaries

2021-09-30 Law
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Release : 2021-09-30
Genre : Law
Kind : eBook
Book Rating : 099/5 ( reviews)

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Book Synopsis Constitutional Imaginaries by : Jiří Přibáň

Download or read book Constitutional Imaginaries written by Jiří Přibáň. This book was released on 2021-09-30. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.

Sociology of Constitutions

2016-05-05 Law
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Release : 2016-05-05
Genre : Law
Kind : eBook
Book Rating : 935/5 ( reviews)

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Book Synopsis Sociology of Constitutions by : Alberto Febbrajo

Download or read book Sociology of Constitutions written by Alberto Febbrajo. This book was released on 2016-05-05. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.

Critical Theory and Legal Autopoiesis

2019-04-12 Autopoiesis
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Release : 2019-04-12
Genre : Autopoiesis
Kind : eBook
Book Rating : 220/5 ( reviews)

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Book Synopsis Critical Theory and Legal Autopoiesis by : Gunther Teubner

Download or read book Critical Theory and Legal Autopoiesis written by Gunther Teubner. This book was released on 2019-04-12. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects and revises the key essays of Gunther Teubner, one of the world's leading sociologists of law. Written over the past twenty years, these essays examine the 'dark side' of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner's claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.

The Constitution of Society

2013-06-28 Social Science
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Release : 2013-06-28
Genre : Social Science
Kind : eBook
Book Rating : 284/5 ( reviews)

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Book Synopsis The Constitution of Society by : Anthony Giddens

Download or read book The Constitution of Society written by Anthony Giddens. This book was released on 2013-06-28. Available in PDF, EPUB and Kindle. Book excerpt: Anthony Giddens has been in the forefront of developments in social theory for the past decade. In The Constitution of Society he outlines the distinctive position he has evolved during that period and offers a full statement of a major new perspective in social thought, a synthesis and elaboration of ideas touched on in previous works but described here for the first time in an integrated and comprehensive form. A particular feature is Giddens's concern to connect abstract problems of theory to an interpretation of the nature of empirical method in the social sciences. In presenting his own ideas, Giddens mounts a critical attack on some of the more orthodox sociological views. The Constitution of Society is an invaluable reference book for all those concerned with the basic issues in contemporary social theory.

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