By Chris Thornhill

ISBN-10: 052111621X

ISBN-13: 9780521116213

Utilizing a technique that either analyzes specific constitutional texts and theories and reconstructs their old evolution, Chris Thornhill examines the social position and legitimating prestige of constitutions from the 1st quasi-constitutional files of medieval Europe, during the classical interval of innovative constitutionalism, to fresh tactics 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 facets of the makings and workings of constitutions, whose value (both highbrow and useful) has no longer been formerly well-known. it's going to determine itself because the cornerstone of a brand new line of scholarship, complementary to extra traditional ancient and juridical techniques to constitutional analysis."- Gianfranco Poggi, collage of Trento"This is a vital publication in case you search to appreciate the sociological approaches considering the improvement of states and their constitutions. It has the good benefit of providing substantial element in help of its thesis and therefore considerable ammunition to problem the various replacement theories of the advance of the fashionable state."- Richard Nobles, the fashionable legislations ReviewBook DescriptionCombining textual research of constitutions and ancient reconstruction of formative social tactics, Chris Thornhill examines the legitimating function of constitutions from the 1st quasi-constitutional files in medieval Europe to fresh 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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In consequence, these societies also began to require institutions that could organize their functions in a relatively firm and consistent legal apparatus. Indeed, the general restructuring of feudalism throughout the high medieval period was reflected most distinctively in the law, and, in promoting gradually generalized and differentiated patterns of social exchange, this transformative process clearly stimulated a growing need in most European societies for precise and increasingly constant legal forms.

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.

Fundamental to this legal revolution in the church was a far-reaching revival and refinement of the canon law, through which distinct branches and procedures of ecclesiastical order were gradually underpinned by uniformly ordered legal principles, and both the church and the papal monarchy assumed independent and positive legal foundations. The revival of canon law was shaped, in the first instance, by a substantial expansion of legal learning, both in the ecclesiastical and in the secular realms, in the eleventh century.

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

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