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Sociology of Constitutions: A Paradoxical Perspective

Edited by: Alberto Febbrajo, Giancarlo Corsi

ISBN13: 9781138497566
Published: March 2018
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2016)
Price: £36.99
Hardback edition , ISBN13 9781472479594

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This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation.

The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann's General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects.

Defining the constitution's contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.

Law and Society
Introduction, Alberto Febbrajo and Giancarlo Corsi.

Part I: On paradoxes in constitutions, Giancarlo Corsi
Exogenous self-binding: how social subsystems externalise their foundational paradoxes in the process of constitutionalisation, Gunther Teubner
Promise as premise. Rewriting the paradox of constitutional reasoning, Ino Augsberg
On the binding nature of constitutions, Hans-Georg Moeller
Constitutionalism and legal pluralism, Alberto Febbrajo.

Part II: The sociological origins of global law, Chris Thornhill
Constitutionalism and globalisation: a disputed relationship, Cesare Pinelli
'Cross-constitutionalism' and sustainable comparison, Michele Carducci
Towards the constitution of networks?, Karl-Heinz Ladeur
Standards of 'good governance' and peripheral constitutionalism: the case of post-accession Romania, Bogdan Iancu
The organization of market expectations beyond legality: an Argentinian case, Matias Dewey
De-constitutionalizing Latin America. Particularism and universalism in a constitutional perspective, Aldo Mascareno
Paradoxes of transconstitutionalism in Latin America, Marcelo Neves. Appendix: The constitution in the work of Niklas Luhmann, Giancarlo Corsi
The issue of the constitution in Luhmann's card index system. Reading the traces, Johannes F.K. Schmidt