Constitutional Imaginaries: a socio-legal perspective of political and societal constitutions

Priban, Jiri ORCID: https://orcid.org/0000-0002-4760-6734 2023. Constitutional Imaginaries: a socio-legal perspective of political and societal constitutions. Hyden, Hakan, Cotterrell, Roger, Nelken, David and Schultz, Ulrike, eds. Combining the Legal and the Social in Sociology of Law: An Homage to Reza Banakar, Oxford: Bloomsbury Hart Publishing, pp. 417-428. (10.5040/9781509959419.ch-031)

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Abstract

In this chapter, I draw on Reza Banakar's lifelong engagement with classical sociological and socio-legal theories and general philosophical and cultural knowledge and adopt theories established by Mannheim, Durkheim, Anderson, Luhmann, Cotterrell and Teubner to explore imaginaries constituted by the systems of positive law and politics. I draw on the conceptualisation of modernity as the state of societal, political and value plurality. The contrast between the polyvalence and functional differentiation of modern society and the transcendental validity claims generated by specific social systems and enforced through their imaginaries continues to be one of the central themes of both social and legal theory. I, therefore, analyse social imaginaries as background power communicating the common good in functionally differentiated society at national as much as global societal levels.

Item Type:	Book Section
Date Type:	Published Online
Status:	Published
Schools:	Law Cardiff Law & Politics
Subjects:	K Law > K Law (General)
Publisher:	Bloomsbury Hart Publishing
ISBN:	9781509959389
Date of First Compliant Deposit:	16 April 2024
Last Modified:	16 Apr 2024 09:45
URI:	https://orca.cardiff.ac.uk/id/eprint/166644

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