Law, Democracy and the Transcription of War: A Socio-phenomenological Approach to Constitutional Law

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Authors: Chris Thornhill
Cited by: 0
References: 14

Abstract

Abstract This article aims to present the groundwork for a phenomenological approach to constitutional law, using reconstructed aspects of phenomenological theory to explain how constitutions produce legitimacy for governments and how such legitimacy can be preserved. It argues that, from the eighteenth century to the present, the rise of constitutional rule took place through a process in which governments internalized external security imperatives in their inner structure, and they attached their functions to subjects in society through constitutional law to adapt to inter-state tensions. Modern public law can be read as a system of transcription , echoing parallel developments in other text-based disciplines, in which societies arranged internal relations in face of external military pressures and articulated their reactions to war. This article explains these tendencies by adding aspects of the phenomenology of violence to phenomenological interpretation. It concludes by applying this framework to contemporary democratic systems, and it examines how, today, rapidly changing security environments are redefining democracy, and how constitutional norms may be stabilized inface of these events.

Fields of Study & Subjects

Comparative constitutional jurisprudence studies Legal and Constitutional Studies American Constitutional Law and Politics

Publication details

Journal / source
International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique
Publication date
13 March 2026
Language
EN