A Sociology of Constitutions: Constitutions And State Legitimacy In Historical- Sociological Perspective (Cambridge Studies in Law and Society)

Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.Review"This book discusses in a highly original and sophisticated manner aspects of the makings and workings of constitutions, whose significance (both intellectual and practical) has not been previously recognized. It will establish itself as the cornerstone of a new line of scholarship, complementary to more conventional historical and juridical approaches to constitutional analysis."- Gianfranco Poggi, University of Trento"This is an important book for those who seek to understand the sociological processes involved in the development of states and their constitutions. It has the great merit of offering considerable detail in support of its thesis and thus ample ammunition to challenge the many alternative theories of the development of the modern state."- Richard Nobles, The Modern Law ReviewBook DescriptionCombining textual analysis of constitutions and historical reconstruction of formative social processes, Chris Thornhill examines the legitimating role of constitutions from the first quasi-constitutional documents in medieval Europe to recent constitutional transitions. [C:\Users\Microsoft\Documents\Calibre Library] Using A Methodology That Both Analyzes Particular Constitutional Texts And Theories And Reconstructs Their Historical Evolution, Chris Thornhill Examines The Social Role And Legitimating Status Of Constitutions From The First Quasi-constitutional Documents Of Medieval Europe, Through The Classical Period Of Revolutionary Constitutionalism, To Recent Processes Of Constitutional Transition. A Sociology Of Constitutions Explores The Reasons Why Modern Societies Require Constitutions And Constitutional Norms And Presents A Distinctive Socio-normative Analysis Of The Constitutional Preconditions Of Political Legitimacy-- During The Emergence Of Sociology As An Academic Discipline The Question About The Origins, Status And Functions Of Constitutions Was Widely Posed. Indeed, For Both Thematic And Methodological Reasons, The Analysis Of Constitutions Was A Central Aspect Of Early Sociology. Sociology Developed,however Ambiguously,as A Critical Intellectual Response To The Theories And Achievements Of The Enlightenment In The Eighteenth Century, The Political Dimension Of Which Was Centrally Focused On The Theory And Practice Of Constitutional Rule. In Its Very Origins, In Fact, Sociology Might Be Seen As A Counter-movement To The Political Ideals Of The Enlightenment, Which Rejected The (alleged) Normative Deductivism Of Enlightenment Theorists. In This Respect, In Particular, Early Sociology Was Deeply Concerned With Theories Of Political Legitimacy In The Enlightenment, And It Translated The Revolutionary Analysis Of Legitimacy In The Enlightenment, Focused On The Normative Claim That Singular Rights And Rationally Generalized Principles Of Legal Validity Were The Constitutional Basis For Legitimate Statehood, Into An Account Of Legitimacy Which Observed Political Orders As Obtaining Legitimacy Through Internalistically Complex, Historically Contingent And Multi-levelled Processes Of Legal Formation And Societal Motivation And Cohesion. This Is Not To Suggest That There Existed A Strict And Unbridgeable Dichotomy Between The Enlightenment, Construed As A Body Of Normative Philosophy, And Proto-sociological Inquiry, Defined As A Body Of Descriptive Interpretation-- 1. Medieval Constitutions; 2. Constitutions And Early Modernity; 3. States, Rights And The Revolutionary Form Of Power; 4. Constitutions From Empire To Fascism; 5. Constitutions And Democratic Transitions. Chris Thornhill. Includes Bibliographical References (pages 377-424) And Index. Acknowledgements p. xi A note on texts and translations p. xiii Introduction p. 1 Why a sociology of constitutions? p. 1 What is a constitution? p. 8 A note on method and central concepts p. 12 1 Medieval constitutions p. 20 The social origins of modern constitutions p. 20 2 Legal order in the church p. 25 Church law, the state and feudal transformation p. 32 Patterns of early statehood p. 40 Constitutions and the formation of early states p. 55 Early states and constitutions p. 61 2 Constitutions and early modernity p. 77 Constitutions and the rule of law at the end of the Middle Ages p. 77 The Reformation and the differentiation of state power p. 88 Positive law and the idea of the constitution p. 96 Constitutions and fundamental law p. 103 Early modern constitutional conflicts p. 110 The constitution and the function of constitutional rights p. 153 3 States, rights and the revolutionary form of power p. 158 Constitutional crisis and failed state formation p. 168 Constitutional revolutions and the form of political power p. 181 After the rights revolutions I: the Bonapartist temptation p. 219 After the rights revolutions II: monarchy limited and intensified p. 228 Constitutions and social design: 1848 p. 240 4 Constitutions from empire to fascism p. 252 Constitutions after 1848 p. 252 Constitutions in the imperial era p. 257 The First World War and the tragedy of the modern state p. 275 The failure of expansive democracy p. 293 Rights and the Constitution of Fascism p. 310 5 Constitutions and democratic transitions p. 327 The first wave of transition: constitutional re-foundation after 1945 p. 327 The second wave of transition: constitutional re-foundation in the 1970s p. 341 The third wave of transition: constitutional transformation in the 1990s p. 355 Conclusion p. 372 Bibliography p. 377 Index p. 425 "During the emergence of sociology as an academic discipline the question about the origins, status and functions of constitutions was widely posed. Indeed, for both thematic and methodological reasons, the analysis of constitutions was a central aspect of early sociology. Sociology developed, however ambiguously, as a critical intellectual response to the theories and achievements of the Enlightenment in the eighteenth century, the political dimension of which was centrally focused on the theory and practice of constitutional rule. In its very origins, in fact, sociology might be seen as a counter-movement to the political ideals of the Enlightenment, which rejected the (alleged) normative deductivism of Enlightenment theorists. In this respect, in particular, early sociology was deeply concerned with theories of political legitimacy in the Enlightenment, and it translated the revolutionary analysis of legitimacy in the Enlightenment, focused on the normative claim that singular rights and rationally generalized principles of legal validity were the constitutional basis for legitimate statehood, into an account of legitimacy which observed political orders as obtaining legitimacy through internalistically complex, historically contingent and multi-levelled processes of legal formation and societal motivation and cohesion. This is not to suggest that there existed a strict and unbridgeable dichotomy between the Enlightenment, construed as a body of normative philosophy, and proto-sociological inquiry, defined as a body of descriptive interpretation"-- Résumé de l'éditeur "During the emergence of sociology as an academic discipline the question about the origins, status and functions of constitutions was widely posed. Indeed, for both thematic and methodological reasons, the analysis of constitutions was a central aspect of early sociology. Sociology developed, however ambiguously, as a critical intellectual response to the theories and achievements of the Enlightenment in the eighteenth century, the political dimension of which was centrally focused on the theory and practice of constitutional rule. In its very origins, in fact, sociology might be seen as a counter-movement to the political ideals of the Enlightenment, which rejected the (alleged) normative deductivism of Enlightenment theorists. In this respect, in particular, early sociology was deeply concerned with theories of political legitimacy in the Enlightenment, and it translated the revolutionary analysis of legitimacy in the Enlightenment, focused on the normative claim that singular rights and rationally generalized principles of legal validity were the constitutional basis for legitimate statehood, into an account of legitimacy which observed political orders as obtaining legitimacy through internalistically complex, historically contingent and multi-levelled processes of legal formation and societal motivation and cohesion. This is not to suggest that there existed a strict and unbridgeable dichotomy between the Enlightenment, construed as a body of normative philosophy, and proto-sociological inquiry, defined as a body of descriptive interpretation"-- Provided by publisher "Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy"-- Résumé de l'éditeur