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Terje Rasmussen

. Essentially Weber saw democracy as an unavoidable inconsistency between on the one hand the ideal of sovereign citizens and their institutions, and on the other hand state power with its political system that strategically extracts legitimacy. 2 More than any other sociological theorist, Niklas Luhmann has laid out the specifically legal and political, and the constitution as their connection. Methodologically he has provided sociology with the theory of the paradox as a mode of questioning and observing

in The sociology of sovereignty
On late modernity and social statehood
Author:

Populism, neoliberalism, and globalisation are just three of the many terms used to analyse the challenges facing democracies around the world. Critical Theory and Sociological Theory examines those challenges by investigating how the conditions of democratic statehood have been altered at several key historical intervals since 1945. The author explains why the formal mechanisms of democratic statehood, such as elections, have always been complemented by civic, cultural, educational, socio-economic, and, perhaps most importantly, constitutional institutions mediating between citizens and state authority. Critical theory is rearticulated with a contemporary focus in order to show how the mediations between citizens and statehood are once again rapidly changing. The book looks at the ways in which modern societies have developed mixed constitutions in several senses that go beyond the official separation of legislative, executive, and judicial powers. In addition to that separation, one also witnesses a complex set of conflicts, agreements, and precarious compromises that are not adequately defined by the existing conceptual vocabulary on the subject. Darrow Schecter shows why a sociological approach to critical theory is urgently needed to address prevailing conceptual deficits and to explain how the formal mechanisms of democratic statehood need to be complemented and updated in new ways today.

How social subsystems externalise their foundational paradoxes in the process of constitutionalisation
Gunther Teubner

(only) against the state, but also, selectively and purposefully, against the organised professional institutions of the economy and of other functional systems that they hold responsible for seriously distorted developments. The last remarkable phenomenon is the great disparity in status between different types of constitution: the state constitution, the economic constitution and the constitution of

in Critical theory and legal autopoiesis
The logics of ‘hitting the bottom’
Gunther Teubner

social systems, through the moment of near-catastrophe, to new orientations, which cannot be effected from the outside but only through the transformation of their ‘inner constitution’. With Derrida, we might talk of the ‘extreme capillarity of discourses’ at which the transformation must direct itself; since it is they – and not the capital constitutions of the world of states – that regulate the

in Critical theory and legal autopoiesis
Terje Rasmussen

with stabilising and oppositional powers. Alongside its instrumental functions, the constitution is itself a symbol. Although rarely actually seen or read by citizens, it nevertheless symbolises the existence of the nation as a political society. It is a focal object with references to grand ideas that otherwise is only conceptualised in political philosophy and history, and only at certain moments through constitutional moments and social manifestations. A dual legal–political symbolism operates here: a legal reference

in The sociology of sovereignty
Irritating nation-state constitutionalism
Gunther Teubner

are warning the public about a ‘social–private gap’ and a ‘distortion effect’ in Google's activities: A dominant search engine may have incentives to distort its results in ways that increase its own profits but harm society. 2 However, it is not easy to determine which constitution is actually being affected by Google's market power. What is certain is that, due to their

in Critical theory and legal autopoiesis
Derrida, Luhmann, Wiethölter
Gunther Teubner

that produces identity and the conflict of norms that produces difference, is converted into the opposition paradox/difference. This conversion is exemplified in the way Wiethölter is reformulating the rights versus institution issue today. First, a conflict resolution which tends to be one-sided and which, in transforming a contractual constitution into an organisational

in Critical theory and legal autopoiesis
Abstract only
Chris Wyatt

constitution. Section two, ‘Radical republicanism’, completes the exposition of associational anarchism’s federal structures by indicating how the schema of democratised investment planning outlined in section two of Chapter 3 enables a general commitment to an accepted common good in the public sphere. At this point, the anarcho-republican perspective is introduced, and I show why

in Associational anarchism
Open Access (free)
Time and space
Saurabh Dube

Assemblage of 1877, held to proclaim Queen Victoria the Empress of India, where he explores the logics and forms of Indian society precisely as he elaborates the cultural constitution and historical transformation of rituals and symbols of colonial authority and imperial power. 22 Yet, it is also the case that Cohn came to increasingly recognize colonial cultures of rule as fundamentally restructuring

in Subjects of modernity
Towards a left-libertarian conception of freedom
Author:

This book presents a new left-libertarian conception of liberty, ‘freedom as Marxian-autonomy’, which is explored above all in terms of its organisational contours. The project brings together in theoretical dialogue Karl Marx’s (1818–83) critique of capitalism, certain ideals adapted from the guild socialist writings of G.D.H. Cole (1889–1959) and the sub-schools of social anarchism. In doing so it contributes towards the healing of a major historical schism in socialist theory. The outcome is a newly formed anarchist constitution, ‘associational anarchism’. In offering something important to the recent outpourings in current anarchist discourse, the book contends that liberty can be attained without passing through the mediation of self-interested employers, career politicians or state planners. The foundational claim is that a condition of freedom requires equal and democratic access to the material means of life, where self-mastery is attained in both the productive and consumptive spheres. Negative (non-coercion) and positive (self-direction, self-development) ideals are combined congenially in a conceptual framework that does not frame them in perpetual contradiction. This specific protection of a set of individual liberties, of which the political liberties are of equal value, effectively challenges the ideological belief that only liberalism safeguards negative liberty. As the book unfolds, an argument is developed that hard market forces must lose their ascendancy in much the same way the socialist state must be stripped of its unaccountable authority. The associational anarchist configuration of social planning with a guild-regulated market system is offered as the necessary corrective.