By Chris Thornhill
Utilizing a technique that either analyzes specific constitutional texts and theories and reconstructs their historic evolution, Chris Thornhill examines the social function and legitimating prestige of constitutions from the 1st quasi-constitutional files of medieval Europe, during the classical interval of progressive constitutionalism, to fresh strategies of constitutional transition. A Sociology of Constitutions explores the explanations why smooth societies require constitutions and constitutional norms and offers a particular socio-normative research of the constitutional preconditions of political legitimacy.Review"This ebook discusses in a hugely unique and complicated demeanour elements of the makings and workings of constitutions, whose value (both highbrow and functional) has no longer been formerly famous. it is going to identify itself because the cornerstone of a brand new line of scholarship, complementary to extra traditional historic and juridical techniques to constitutional analysis."- Gianfranco Poggi, collage of Trento"This is a vital booklet in the event you search to appreciate the sociological procedures interested by the advance of states and their constitutions. It has the nice benefit of delivering enormous aspect in aid of its thesis and hence plentiful ammunition to problem the numerous replacement theories of the advance of the fashionable state."- Richard Nobles, the trendy legislations ReviewBook DescriptionCombining textual research of constitutions and ancient reconstruction of formative social strategies, Chris Thornhill examines the legitimating function of constitutions from the 1st quasi-constitutional records in medieval Europe to fresh constitutional transitions. [C:\Users\Microsoft\Documents\Calibre Library]
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Extra info for A Sociology of Constitutions: Constitutions and State Legitimacy in Historical- Sociological Perspective
002 Cambridge Books Online © Cambridge University Press, 2012 30 medieval constitutions canonists and political theorists of the later Middle Ages in fact ultimately claimed that the representative and doctrinal powers of the church reposed, not in the person of the pope alone, but in the church as a community of the faithful (congregatio ﬁdelium), which had its supreme constitutional organ in the church council (Tierney 1955: 4, 13). John of Paris, for example, concluded that the power of the church had a constitutional source that was not to be conﬂated with the pope and the inner administrative hierarchy around the pope (1614 [c.
Indeed, just as the church had borrowed elements of Roman law and other ideas of legal personality from the secular arena, worldly political actors also began to replicate the church’s legal and procedural innovations, and secular institutions increasingly employed techniques of legal-political abstraction that they appropriated from the church. The growing legal order of the church thus provided a general model of legal organization for early Western societies, and, by the later twelfth century, this had become formative for the initial construction of secular political power in its characteristically modern institutional form.
More generally, however, these contests centred around the legal question of whether representatives of the church were beholden to regents in whose territories they operated, and they raised the question, which had vital status in a period of rising functional specialization, whether ecclesiastical laws could prevail over local legislation and transcend the jurisdiction of particular regents. It is often claimed that the investiture contests marked the beginning of an era of papal monarchy, in which the papacy rebutted the claims to universal Empire made by the Holy Roman emperors, and that through the resolution of these contests the papacy assumed extensive powers in relation to and even over worldly rulers, so that the church asserted its authority as the dominant political agent in European society (Calasso 1954: 171).