Gunther Teubner
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The project of constitutional sociology
Irritating nation-state constitutionalism
in Critical theory and legal autopoiesis
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Trends of constitutionalisation can be identified beyond the nation state. They follow two different directions, as this chapter shows. Outside the limits of the nation state, constitutions emerge in the institutions of international politics, and they emerge simultaneously outside the limits of politics in the ‘private’ sectors of global society. Transnationalisation confronts constitutional sociology with three different challenges: (1) to analyse empirically ongoing constitutionalisation processes beyond the nation state, (2) to develop a theory of transnational societal constitutionalism and (3) to formulate sociological preconditions for normative perspectives in politics and law.

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Critical theory and legal autopoiesis

The case for societal constitutionalism



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