Law as Passion: Systems Theory and Constitutional Theory in Peripheral Modernity

This book explores how non-European and post-colonial approaches have influenced the research of leading scholars in sociology of law and constitutional theory. It features essays written by scholars and is divided into four sections, covering topics such as the modern constitutional state, global capitalism, and the global rule of law.

Format: Paperback / softback
Length: 251 pages
Publication date: 03 March 2022
Publisher: Springer Nature Switzerland AG

In this captivating book, a collective of esteemed colleagues come together to delve into the profound influence of non-European and post-colonial approaches on their research endeavors. With a foreword penned by Karl-Heinz Ladeur, this scholarly tome showcases a collection of thought-provoking essays authored by renowned experts in the fields of sociology of law and constitutional theory. The content is meticulously organized into four distinct sections, each offering a rich tapestry of insights.

The first section, titled "Law, State, and Global Crisis," delves into the intricacies of the modern constitutional state, exploring the challenges posed by global capitalism and the emergence of a global rule of law. The second section, "Symbolic Constitutionalization," examines the complexities of constitutionalism in the context of "Peripheral Modernity," shedding light on the symbolic struggles and adaptations that shape constitutional frameworks in these regions.

The third section takes a novel approach by examining how the concept of "Transconstitutionalism" can provide fresh perspectives on contemporary debates surrounding global public law. The authors in this section explore how transconstitutionalism can bridge the gaps between national, regional, and international legal frameworks, fostering a more inclusive and equitable global order.

Finally, the last section, "Systems Theory and Public Law," addresses systems theory issues within the domains of legal history and administrative law. The authors in this section explore how systems theory can be applied to understand the evolution and dynamics of public law systems, offering valuable insights into the complex interplay between law, society, and power.

In essence, this book serves as a groundbreaking exploration of the multifaceted influences of non-European and post-colonial approaches on legal and constitutional theory. It presents a relevant and original discussion that spans a wide range of disciplines, including constitutional theory, international law, systems theory, and sociology of constitutions. By bringing together a diverse array of perspectives, this book fosters a deeper understanding of the complex dynamics that shape our world and provides valuable insights into the future of legal and constitutional scholarship.

Weight: 415g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030635039
Edition number: 1st ed. 2021