Organic Constitutionalism: Rousseau, Hegel and the Constitution of Society

27 Pages Posted: 5 Nov 2007

See all articles by David T. Ritchie

David T. Ritchie

Mercer University - Walter F. George School of Law

Abstract

In this paper I discuss the views of Rousseau and Hegel that constitutions must be organically connected to the people the documents are supposed to represent, and the societies those people constitute. This is contrary to the prevailing view of modern constitutionalism, which seems to be that a universal model can (and perhaps should) be adequate for any society, in any place, and in any time. Following Rousseau and Hegel, I suggest that this prevailing view is dangerous. I propose, as an alternative, that constitutional projects in new or incipient nations should be situationally and contingently determined based on the cultural, legal, moral, and political history of the people a constitution is supposed to represent.

Keywords: Constitutionalism, Modern Constitutionalism, Rousseau, Hegel, Pluralism

Suggested Citation

Ritchie, David T., Organic Constitutionalism: Rousseau, Hegel and the Constitution of Society. Journal of Law and Society, Vol. 6, No. 36, 2005, Available at SSRN: https://ssrn.com/abstract=1026437

David T. Ritchie (Contact Author)

Mercer University - Walter F. George School of Law ( email )

1021 Georgia Ave
Macon, GA 31207-0001
United States

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