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Vol 23 No 12 Dec 18/Jan 19

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Beyond Law and Revolution: Sociality, Political Theology and the Modern Constitutional Imagination

ISBN13: 9781138233386
Published: December 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £105.00

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In response to the rise of administrative rationality, this book draws on history, social anthropology and political theology, to examine the current crisis of faith in the legal and political constitutional imagination. An important body of law and society research has helped move jurisprudence beyond legal formalism. While the debt of law to more fundamental social and political phenomena has been established, the link between contemporary thinking of society, politics and law to pre-modern philosophical and religious metaphysics was and is still denied both by formalists and anti-formalist realists promoting the rise of social sciences in law.

This book contests the premises of such secular optimism, arguing that modern constitutionality still involves legal and political values, rights entitlements and social formations that reflect the particular metaphysical postulates of a bygone era. Even as the constitution of world society is widely described as the result of fragmented and impersonal processes, the occidental fantasy of a sovereign power remains operative. Succinctly - and through a close reading of developments in crisis-stricken Greece and beyond - Marinos Diamantides maintains that the totalizing idea of an absolute but relational power of self-constitution applicable everywhere is the result, not of discarding but, attributing to man, the power of God. Forging a new vocabulary and new instruments by which to understand and respond to various crises in the contemporary state form, this book will be of enormous interest to scholars, students and others with an interest in current legal and political theory.

Constitutional and Administrative Law, Law and Society
Introduction: Antigone or Godot?
Part I: Constitutional Theologies R Us
1. ‘Constituting’ world society: an inverted Tower of Babel
2. Trinitarian Theology and Western Legal and Political Imagination
Part II: Two and bit Millennia of Christian Political Theology: A Schematic Chronology
3. Mind the Gap: the Ignominious Legacy of Eastern Roman Political Theology in Context
4. The Age of Law and Revolution: The Ever-Glorious Occidental Sovereign
Part III: The State We’re In and the Critique of Constitutional Reason
5. The role of metaphysical fantasy in ameliorating the contemporary cognitive dissonance and performative contradictions of western constitutional imagination
6. ‘Foolish Constitutionalism’: Theories for a non-theologically inflected constitutional imagination