The Materiality of Political Jurisprudence

14 Pages Posted: 23 Dec 2015

See all articles by Marco Goldoni

Marco Goldoni

University of Glasgow - Faculty of Law & Financial Studies

Date Written: December 22, 2015

Abstract

Political jurisprudence provides a reconstruction of the enabling conditions of public law and a methodology for the studying of its meaning. This article offers a critical appraisal of political jurisprudence by understanding this approach as a further development in informal conceptions of modern constitutionalism. However, while praising the concrete aspects of right ordering at the core of political jurisprudence, this article claims that by neglecting material processes of subjectivation (and their impact in the determination of ultimate political aims) it betrays a residue of unintended formalism. In the last section, the article proposes, as a remedy for this deficit of materiality, to take up the idea of the material constitution as the starting point for constitutional analysis.

Keywords: Political Jurisprudence; Material Constitution; Political Trajectory; Martin Loughlin

JEL Classification: K10

Suggested Citation

Goldoni, Marco, The Materiality of Political Jurisprudence (December 22, 2015). Available at SSRN: https://ssrn.com/abstract=2707157 or http://dx.doi.org/10.2139/ssrn.2707157

Marco Goldoni (Contact Author)

University of Glasgow - Faculty of Law & Financial Studies ( email )

Glasgow, Scotland
United Kingdom

HOME PAGE: http://www.gla.ac.uk/schools/law/staff/marcogoldoni/#tabs=0

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