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Constitutional values as the normalisation of societal power: from a moral transvaluation to a systemic self-valuation

Přibáň, Jirí 2019. Constitutional values as the normalisation of societal power: from a moral transvaluation to a systemic self-valuation. Hague Journal on the Rule of Law 11 (2-3) , 451–459. 10.1007/s40803-019-00111-4

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Abstract

In this article, I argue that values are fluid societal expectations which cannot be used as normative foundations of modern society. Despite their transcendental validity claims, they operate as immanent tools of the normalisation of societal power and contribute to the transformation of potentia of societal forces to the constitutional auctoritas. I subsequently argue that a sociology of constitutional values must address the distinction between moral values in law and law as a moral value. Constitutional processes of the transvaluation of values are complex forms of societal expectations in which understanding, consensus and conformity must be taken into account as much as confusion, dissent and deviance. I conclude by claiming that constitutional valuations and transvaluations need to be explained as part of the legal and political self-referentiality unlimited by nation-states and stretching into contemporary supranational and transnational regimes of law and their internal value productions.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Additional Information: This article is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/)
Publisher: Cambridge University Press (CUP)
ISSN: 1876-4045
Date of First Compliant Deposit: 10 May 2021
Date of Acceptance: 10 May 2021
Last Modified: 12 May 2021 09:33
URI: https://orca.cardiff.ac.uk/id/eprint/141167

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