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Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1000456099
Category : Law
Languages : en
Pages : 176
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Book Description
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.
Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1000456099
Category : Law
Languages : en
Pages : 176
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Book Description
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.
Author: Jan Komárek
Publisher: Oxford University Press
ISBN: 0192855484
Category :
Languages : en
Pages : 417
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Book Description
How can the EU be made legitimate and sustainable through (constitutional) law - and what is the role of constitutional lawyers and their ideas in creating this "sense of legitimacy"? This book seeks to answer these questions through the concept of the "constitutional imaginary": sets of ideas and beliefs that motivate and justify the practice of government and collective self-rule. Constitutional imaginaries are as important as institutions and office- holders, as they provide political action with an overarching sense and purpose recognized as legitimate by those governed. Constitutional imaginaries are 'necessary fictions' that make political rule possible, and at the same time they are ideologies which hide from view various forms of domination. European Constitutional Imaginaries deals with a variety of questions and is split into four parts to address: the first part explores in more detail various meanings of European constitutional imaginary, as seen by different disciplines: legal sociology, political and constitutional theory, and philosophy. The second part revisits the contribution of some key authors to the creation of European constitutional imaginaries, and the third part offers various new ways of thinking about European constitutionalism. The fourth and final part examines political economy behind various constitutional imaginaries. Written by a balanced mix of well-established authors and newer talent, European Constitutional Imaginaries promises to open debates on European constitutionalism that are necessary to understanding Europe's present predicament and its various crises, all navigated through the medium of law.
Author: Simon J. Gilhooley
Publisher: Cambridge University Press
ISBN: 1108853412
Category : Political Science
Languages : en
Pages : 285
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Book Description
This book argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, Abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, Antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary.
Author: Martin Belov
Publisher: Bloomsbury Publishing
ISBN: 1509931422
Category : Law
Languages : en
Pages : 368
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Book Description
This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.
Author: Gabriela Zamorano Villarreal
Publisher: U of Nebraska Press
ISBN: 1496201701
Category : History
Languages : en
Pages : 351
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Book Description
Fray Bernardino de Sahagún-INAH Award in Mexico for Best Research Work in Anthropology Gabriela Zamorano Villarreal examines the political dimension of indigenous media production and distribution as a means by which indigenous organizations articulate new claims on national politics in Bolivia, a country experiencing one of the most notable cases of social mobilization and indigenous-based constitutional transformation in contemporary Latin America. Based on fieldwork in Bolivia from 2005 to 2007, Zamorano Villarreal details how grassroots indigenous media production has been instrumental to indigenous political demands for a Constituent Assembly and for implementing the new constitution within Evo Morales's controversial administration. On a day-to-day basis, Zamorano Villarreal witnessed the myriad processes by which Bolivia's indigenous peoples craft images of political struggle and enfranchisement to produce films about their role in Bolivian society. Indigenous Media and Political Imaginaries in Contemporary Bolivia contributes a wholly new and original perspective on indigenous media worlds in Bolivia: the collaborative and decolonizing authorship of indigenous media against the neoliberal multicultural state, and its key role in reimagining national politics. Zamorano Villarreal unravels the negotiations among indigenous media makers about how to fairly depict a gender, territorial, or justice conflict in their films to promote grassroots understanding of indigenous peoples in Bolivia's multicultural society.
Author: Cornelius Castoriadis
Publisher: MIT Press
ISBN: 9780262531559
Category : Philosophy
Languages : en
Pages : 430
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Book Description
This is one of the most original and important works of contemporaryEuropean thought. First published in France in 1975, it is the major theoretical work of one of the foremost thinkers in Europe today. This is one of the most original and important works of contemporary European thought. First published in France in 1975, it is the major theoretical work of one of the foremost thinkers in Europe today. Castoriadis offers a brilliant and far-reaching analysis of the unique character of the social-historical world and its relations to the individual, to language, and to nature. He argues that most traditional conceptions of society and history overlook the essential feature of the social-historical world, namely that this world is not articulated once and for all but is in each case the creation of the society concerned. In emphasizing the element of creativity, Castoriadis opens the way for rethinking political theory and practice in terms of the autonomous and explicit self-institution of society.
Author: Miguel Poiares Maduro
Publisher: Cambridge University Press
ISBN: 1107157943
Category : Law
Languages : en
Pages : 383
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Book Description
This collection of essays considers the extent to which Joseph Weiler's thinking on the nature of European law holds today.
Author: Michael A. Wilkinson
Publisher: Oxford University Press
ISBN: 0198854757
Category : Law
Languages : en
Pages : 353
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Book Description
This book uses constitutional analysis and theory to explore the transformation of Europe from the post-war era until the Euro-crisis. Authoritarian liberalism has developed over these years and, as the book suggests, is now perhaps reaching its limit. This book uses history and theory to reveal the EU's journey and highlight future challenges.
Author: Markus Patberg
Publisher: Oxford University Press, USA
ISBN: 0198845219
Category : Law
Languages : en
Pages : 273
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Book Description
This book seeks to develop a new approach to EU legitimacy by reformulating the classical notion of constituent power for the context of European integration and challenging the conventional theoretical assumptions regarding the EU's ultimate source of authority.
Author: Wojciech Sadurski
Publisher:
ISBN: 0198840500
Category : Law
Languages : en
Pages : 305
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Book Description
Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy?
