Constitutional Imaginaries A Theory of European Societal Constitutionalism Routledge Research in Legal Philosophy Series
Auteur : Přibáň Jiří
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.
Part I: Constitutional Imaginaries and Transvaluation of Values
Chapter 1: Constitutional Imaginaries: on potentia, potestas and auctoritas
Chapter 2: Transcendental Apparatus of Constitutional Values
Part II: Out of the Topos-Ethnos-Nomos Unity
Chapter 3: Out of Topos: The Nation State Imaginary in Post-National Society
Chapter 4: Out of Ethnos: Imagined Nations and Post-National Rights Culture
Chapter 5: Out of Nomos: The Circularity of Moral Universalism and Legal Particularism
Part III: European Constitutional Imaginaries
Chapter 6: The Imaginary of Legal Pluralism
Chapter 7: The Imaginary of Administrative Calculemus
Chapter 8: The Imaginary of Prosperous Imperium
Chapter 9: The Imaginary of Mobilised Communitas
Date de parution : 05-2023
15.6x23.4 cm
Date de parution : 09-2021
15.6x23.4 cm
Thèmes de Constitutional Imaginaries :
Mots-clés :
Constitutional imaginaries; EU constitutionalism; Societal constitutionalism; Constitutional pluralism; Economic constitution; Administrative governance; European democracy; Transnational Law; Constitutional theory; Constitutional legitimacy; Constitutional values; Social Systems; Positive Law; Legal Pluralism; Social Imaginaries; Structural Coupling; EU Law; EU Institution; Global Legal Pluralism; European Economic Constitution; Imagined Unity; EU Legal; Societal Constitutions; EU Political; Modern Social Imaginary; Overburden; EU Level; EU Legal System; EU's Democratic Deficit; Economic Constitutionalism; EU Political Institution; EU Economic