Order, Authority, and Law: On the Development of Modern Conceptions of Political Order, Legitimate Rule, and Law and How They are Challenged

LSE Law Review vol. 2 (2017), pp. 24-44

20 Pages Posted: 23 Mar 2017

See all articles by Nico Schröter

Nico Schröter

Bucerius Law School - Chair of Public Law and Comparative Law

Date Written: March 2017

Abstract

This essay examines the development of the Western conception of political order, which has changed considerably since its medieval origins. It has undergone a process of abstraction, secularisation, positivisation, and legalisation. In particular, the contemporary conception of political order, which I term Legalised Political Constructivism, emphasises the role of law as a means to structure political and social life. This essay shows that Legalised Political Constructivism is the result of historical attempts to justify political developments or to induce change, which leaves it open to challenge on empirical grounds. It concludes that normative political thought must engage with the social sciences in order to better understand the role that positive law can (and should) play as a constructive element in society.

Keywords: Political order, law, constitution, constructivism

Suggested Citation

Schröter, Nico, Order, Authority, and Law: On the Development of Modern Conceptions of Political Order, Legitimate Rule, and Law and How They are Challenged (March 2017). LSE Law Review vol. 2 (2017), pp. 24-44. Available at SSRN: https://ssrn.com/abstract=2937669

Nico Schröter (Contact Author)

Bucerius Law School - Chair of Public Law and Comparative Law ( email )

Hamburg
Germany

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