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Author: Eoin Daly
Publisher: Bloomsbury Publishing
ISBN: 1509903488
Category : Law
Languages : en
Pages : 336
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Book Description
Despite Rousseau's legacy to political thought, his contribution as a constitutional theorist is underexplored. Drawing on his constitutional designs for Corsica and Poland, this book argues that Rousseau's constitutionalism is defined chiefly by its socially directive character. His constitutional projects are not aimed, primarily, at coordinating and containing state power in the familiar liberal-democratic sense. Instead, they are aimed at fostering the social conditions in which a fuller sense of freedom – understood broadly as non-domination – can be realised across all social domains. And in turn, since Rousseau views domination as being deeply embedded in complex social practices, his constitutionalism is aimed at fostering a radical austerity – social, economic and cultural – as its foil. In locating Rousseau's constitutional projects within his social and political theory of servitude and domination, this book will challenge the predominant focus and orientation of contemporary republican theory. Leading republican thinkers have drawn on the historical republican canon to articulate a model of constitutionalism which is, on the whole, 'liberal' in focus and orientation. This book will argue that the more communitarian orientation of Rousseau's constitutionalism – that is, its socially-directive focus – stems from a sophisticated and compelling account of the sources of unfreedom in complex societies, sources which are ignored or downplayed by the neo-republican literature. Rousseau embraces a communitarian social politics as part of his constitutional project precisely because, pessimistically, he views domination as being deeply embedded in the social relations of the liberal order.
Author: Eoin Daly
Publisher: Bloomsbury Publishing
ISBN: 1509903488
Category : Law
Languages : en
Pages : 336
Get Book Here
Book Description
Despite Rousseau's legacy to political thought, his contribution as a constitutional theorist is underexplored. Drawing on his constitutional designs for Corsica and Poland, this book argues that Rousseau's constitutionalism is defined chiefly by its socially directive character. His constitutional projects are not aimed, primarily, at coordinating and containing state power in the familiar liberal-democratic sense. Instead, they are aimed at fostering the social conditions in which a fuller sense of freedom – understood broadly as non-domination – can be realised across all social domains. And in turn, since Rousseau views domination as being deeply embedded in complex social practices, his constitutionalism is aimed at fostering a radical austerity – social, economic and cultural – as its foil. In locating Rousseau's constitutional projects within his social and political theory of servitude and domination, this book will challenge the predominant focus and orientation of contemporary republican theory. Leading republican thinkers have drawn on the historical republican canon to articulate a model of constitutionalism which is, on the whole, 'liberal' in focus and orientation. This book will argue that the more communitarian orientation of Rousseau's constitutionalism – that is, its socially-directive focus – stems from a sophisticated and compelling account of the sources of unfreedom in complex societies, sources which are ignored or downplayed by the neo-republican literature. Rousseau embraces a communitarian social politics as part of his constitutional project precisely because, pessimistically, he views domination as being deeply embedded in the social relations of the liberal order.
Author: M. J. C. Vile
Publisher:
ISBN: 9780865971752
Category : History
Languages : en
Pages : 0
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Book Description
Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography. M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.
Author: Michael W. Dowdle
Publisher: Cambridge University Press
ISBN: 1316943089
Category : Law
Languages : en
Pages : 375
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Book Description
Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.
Author: Matt Qvortrup
Publisher: Manchester University Press
ISBN: 184779582X
Category : Philosophy
Languages : en
Pages : 162
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Book Description
This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. This exciting new text presents the first overview of Jean Jacques Rousseau's work from a political science perspective. Was Rousseau--the great theorist of the French Revolution--really a conservative? This original study argues that the he was a constitutionalist much closer to Madison, Montesquieu, and Locke than to revolutionaries. Outlining his profound opposition to Godless materialism and revolutionary change, this book finds parallels between Rousseau and Burke, as well as showing how Rousseau developed the first modern theory of nationalism. The book presents an integrated political analysis of Rousseau's educational, ethical, religious and political writings, and will be essential reading for students of politics, philosophy and the history of ideas.
Author: Roberto Gargarella
Publisher: Cambridge University Press
ISBN: 1139485989
Category : Political Science
Languages : en
Pages : 287
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Book Description
The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.
Author: Ran Hirschl
Publisher: Cambridge University Press
ISBN: 1009473247
Category : Law
Languages : en
Pages : 387
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Book Description
"Featuring key scholars of comparative constitutionalism, constitutional theory, and constitutional politics, this book provides a comprehensive, theoretical, comparative, normative, and empirical account of the concept of constitutional identity. It will appeal to scholars, students, jurists, and constitutional drafters alike"--
Author: Massimo Fichera
Publisher: Edward Elgar Publishing
ISBN: 1789909007
Category : Law
Languages : en
Pages : 181
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Book Description
This insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions and contradictions of European constitutionalism using the lens of constitutional time.
Author: Joshua King
Publisher: Springer Nature
ISBN: 3031699297
Category :
Languages : en
Pages : 211
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Book Description
Author: Neal Harris
Publisher: Springer Nature
ISBN: 303129243X
Category : Political Science
Languages : en
Pages : 271
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Book Description
This book demonstrates that Rousseau offers a distinctive critical voice which is worthy of listening to. Rousseau is shown to target not merely social ‘injustices’, but the very dynamics central to the ‘form of life’ itself. As such we are able to contemplate, and engage in, a more foundational form of social critique. We contend that by returning to Rousseau, both as a theorist in his own right, and as an interlocutor with the contemporary literature within radical political and social philosophy, we can see both the circumscribed nature of contemporary discussion, and the true importance of Rousseau’s thought. In summary, Rousseau remains a figure of vital importance across disciplines and it is high time for an edited volume which connects insights centring his thought and impact today.
Author: James A. Curry
Publisher: Kendall Hunt
ISBN: 9780787298708
Category : Law
Languages : en
Pages : 660
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Book Description
