Time and Timelessness in Constitutional Thought

18 Pages Posted: 10 Dec 2020

See all articles by Thomas M. Poole

Thomas M. Poole

London School of Economics - Law School

Date Written: December 6, 2020

Abstract

This paper considers the character of moral peoplehood, our life as a people, and the rules and principles through which that life is expressed. In so far as those rules and principles take legal form, as determining the ground rules of association and denoting political rights and duties, this moral community is also a jural community. The paper engages with Bernard Williams’s thought with a view to resolving the tension between two conceptions of the constitution that differ in their account of the relationship between norms and time. Williams offers the prospect of a non-Kantian liberalism that grows out of the habits and minds of persons but which does not collapse into relativism. I argue that Williams’s account of moral personhood devotes insufficient attention to the dynamics of moral deliberation, essential to the growth of personhood. I argue that Williams’s account of moral peoplehood is similarly deficient in that it overlooks the role constitutional deliberation plays in constructing the jural community. Plural politics requires accepted ground rules and the sense that we are a unity of plural associates, and this is what constitutional deliberation aims to provide.

Keywords: Bernard Williams, moral peoplehood, jural community, moral sentiments, constitutional deliberation, legitimacy

Suggested Citation

Poole, Thomas M., Time and Timelessness in Constitutional Thought (December 6, 2020). LSE Legal Studies Working Paper No. 13/2020, Available at SSRN: https://ssrn.com/abstract=3743721 or http://dx.doi.org/10.2139/ssrn.3743721

Thomas M. Poole (Contact Author)

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

HOME PAGE: http://www.lse.ac.uk/collections/law/staff/thomas-poole.htm

Do you want regular updates from SSRN on Twitter?

Paper statistics

Downloads
90
Abstract Views
398
rank
379,395
PlumX Metrics