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The case for societal constitutionalism
Editor: Diana Göbel

This volume collects and revises the key essays of Gunther Teubner, one of the world’s leading sociologists of law. Written over the past twenty years, these essays examine the ‘dark side’ of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner’s claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.

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The making of a regional political class in itself

3 Political careers: the making of a regional political class in itself In the first part of the empirical analysis the focus is on the political class as a dependent variable and remains restricted to its structural dimension as a class ‘in itself’. It is asked whether the concurrent processes of regionalisation and political professionalisation in Catalonia and Scotland have led to the emergence of a regional political class as constituted by the existence of professional politicians (functional differentiation) with a common regional career orientation

in Towards a regional political class?

functional differentiation. Second, it is meant to enhance our conceptual grasp and theoretical understanding of the dynamic interrelation between political professionalisaton and political institutions on the regional level. As a major instrument in this process, the concept of political class (see below) is introduced and adapted to the regional level. Doing so, in turn, is meant to demonstrate its analytical validity and to further sharpen it as an analytical tool. Last but not least, the study is meant to considerably M1870 - STOLZ TEXT.indd 3 20/8/09 11:50:55 4

in Towards a regional political class?
Setting the stage for a regional political class

professionalisation that is only slightly below that of the central state level. No doubt, in Catalonia and Scotland the territorial and the functional differentiation of politics have come together in their most pronounced form. However, despite these similarities with regard to the general pattern, the concrete concurrence of these processes in Catalonia and Scotland also differs in many respects. The first major difference regards the basis of regional identity. While both cases are confined to the civic, territorially based variety of regionalism rather than employing any ethnic

in Towards a regional political class?
Place, space and discourse
Editors: Christine Agius and Dean Keep

Identity is often regarded as something that is possessed by individuals, states, and other agents. In this edited collection, identity is explored across a range of approaches and under-explored case studies with a view to making visible its fractured, contingent, and dynamic features. The book brings together themes of belonging and exclusion, identity formation and fragmentation. It also examines how identity functions in discourse, and the effects it produces, both materially and in ideational terms. Taking in case studies from Asia-Pacific, Europe, the Middle East and Latin America, the various chapters interrogate identity through formal governing mechanisms, popular culture and place. These studies demonstrate the complex and fluid nature of identity and identity practices, as well as implications for theorising identity.

Prisoners of the past

This book examines the impact that nostalgia has had on the Labour Party’s political development since 1951. In contrast to existing studies that have emphasised the role played by modernity, it argues that nostalgia has defined Labour’s identity and determined the party’s trajectory over time. It outlines how Labour, at both an elite and a grassroots level, has been and remains heavily influenced by a nostalgic commitment to an era of heroic male industrial working-class struggle. This commitment has hindered policy discussion, determined the form that the modernisation process has taken and shaped internal conflict and cohesion. More broadly, Labour’s emotional attachment to the past has made it difficult for the party to adjust to the socioeconomic changes that have taken place in Britain. In short, nostalgia has frequently left the party out of touch with the modern world. In this way, this book offers an assessment of Labour’s failures to adapt to the changing nature and demands of post-war Britain.

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elements of the market-administrative system differentiated out, often beyond the influence of the lifeworld (Habermas, 1995 : 153-6); it is in relation to modern societies that juridification is spoken of. Analysis of a tribe can be carried out exclusively from the system or lifeworld perspective because market and administrative functions are structured and conceptualised entirely in terms of the traditions of which the lifeworld is composed. Indeed, linguistically mediated communication constitutes social structures, resulting in

in Habermas and European integration
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meaning serves as the structural invariant, and the input of information contributes to the initiation of communication within the system. To a certain extent, systems are differentiation. What constitutes a system is its ability to differentiate and construct a whole array of functions that allow it to ‘happen’. Autopoiesis comes as a secondary innate process that solidifies that a system produces and, contrary to misunderstandings in Luhmann, does not reproduce functional and communicative processes. A system keeps producing itself in terms of new structures and

in Critical theory and epistemology
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The hybridisation of contracting

always lies in the blind spot of the distinction between system and environment. 15 Is this a failing of modern society or a failing of its theory? Is it the reality of functional differentiation or its self-description that is at fault here? Under conditions of functional differentiation, can the contractual differences no longer be bridged? Or is it only that contract theory no longer has anything to say about

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

appear: that is the normal state of things. Rather, it is the moment when the collapse is directly imminent. Functionally differentiated society appears to ignore earlier opportunities for self-correction; to ignore the fact that sensitive observers point out the impending danger in warnings and entreaties. The endogenous self-energising processes are so dominant that they allow self-correction only at the very last

in Critical theory and legal autopoiesis