Download PDF by Chris Thornhill: A Sociology of Constitutions: Constitutions and State

By Chris Thornhill

ISBN-10: 052111621X

ISBN-13: 9780521116213

Utilizing a strategy that either analyzes specific constitutional texts and theories and reconstructs their old evolution, Chris Thornhill examines the social function and legitimating prestige of constitutions from the 1st quasi-constitutional records of medieval Europe, in the course of the classical interval of progressive constitutionalism, to contemporary methods of constitutional transition. A Sociology of Constitutions explores the explanations why sleek societies require constitutions and constitutional norms and provides a particular socio-normative research of the constitutional preconditions of political legitimacy.Review"This booklet discusses in a hugely unique and complex demeanour facets of the makings and workings of constitutions, whose importance (both highbrow and sensible) has now not been formerly well-known. it is going to identify itself because the cornerstone of a brand new line of scholarship, complementary to extra traditional old and juridical ways to constitutional analysis."- Gianfranco Poggi, college of Trento"This is a crucial booklet in case you search to appreciate the sociological methods interested in the advance of states and their constitutions. It has the good advantage of supplying huge aspect in aid of its thesis and therefore considerable ammunition to problem the numerous substitute theories of the improvement of the fashionable state."- Richard Nobles, the fashionable legislation ReviewBook DescriptionCombining textual research of constitutions and old reconstruction of formative social techniques, Chris Thornhill examines the legitimating function of constitutions from the 1st quasi-constitutional records in medieval Europe to contemporary constitutional transitions. [C:\Users\Microsoft\Documents\Calibre Library]

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Extra resources for A Sociology of Constitutions: Constitutions and State Legitimacy in Historical- Sociological Perspective

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This assumption of a stable legal apparatus in the church meant that the church was able to apply power as an increasingly abstracted and autonomous phenomenon, and that it could presuppose flexible principles to underwrite diverse applications of its power. Naturally, this is not to suggest that at such an early stage the Roman Catholic church had begun to assume a corporate-constitutional or genuinely conciliar character. This eventually became the case in the fourteenth century, when theorists of ecclesiastical law began to accept the principle that the church possessed a legal personality (a persona ficta) that was distilled solely from law and that was at once internally consistent and constitutionally distinct from its particular representatives or executors.

It also witnessed the imposition of firm standards of behaviour and worship across churches in all countries under the papal see; and it witnessed the establishment of a stricter episcopal regime in which bishops were closely tied to Rome and were commissioned to impose the pope’s will throughout the church in its entirety. In addition, during the Gregorian reforms and their aftermath the church even began to develop institutional features now considered characteristic of secular states: that is, it evolved new resources for raising fiscal revenue, it acquired devolved legal-administrative powers for codifying law and for issuing and promulgating new laws, and it reinforced its jurisdictional powers for enforcing positive law through specialized judicial procedures (Morris 1989: 388, 402, 575).

002 Cambridge Books Online © Cambridge University Press, 2012 legal ord er in the church 25 could transplant power inclusively across broad social divisions, and they evolved a requirement for institutions that could, over large geographical areas, refer to relatively stable and consistent constructions of themselves and their functions. In these different respects, therefore, European societies increasingly came to require new formations within the law, and the law became a crucial device both in the growing distinction of different spheres of functional exchange and in the widening circulation of political power which marked societies in the early process of feudal transformation.

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A Sociology of Constitutions: Constitutions and State Legitimacy in Historical- Sociological Perspective by Chris Thornhill


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