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
Date Written: March 2017
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
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