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2 books match the query 'Popular Sovereignty'
Popular Sovereignty and the Crisis of German Constitutional Law
The Theory and Practice of Weimar ConstitutionalismPeter C. Caldwell
Duke University Press, 1997
Popular Sovereignty and the Crisis of German Constitutional Law is a historical analysis of competing doctrines of constitutional law during the Weimar Republic. It chronicles the creation of a new constitutional jurisprudence both adequate to the needs of a modern welfare state and based on the principle of popular sovereignty. Peter C. Caldwell explores the legal nature of democracy as debated by Weimar’s political theorists and constitutional lawyers. Laying the groundwork for questions about constitutional law in today’s Federal Republic, this book draws clear and insightful distinctions between strands of positivist and anti-positivist legal thought, and examines their implications for legal and political theory.
Caldwell makes accessible the rich literature in German constitutional thought of the Weimar period, most of which has been unavailable in English until now. On the liberal left, Hugo Preuss and Hans Kelsen defended a concept of democracy that made the constitution sovereign and, in a way, created the "Volk" through constitutional procedure. On the right, Carl Schmitt argued for a substantial notion of the "Volk" that could overrule constitutional procedure in a state of emergency. Rudolf Smend and Heinrich Triepel located in the constitution a set of inviolable values of the political community, while Hermann Heller saw in it a guarantee of substantial social equality. Drawing on the work of these major players from the 1920s, Caldwell reveals the various facets of the impassioned constitutional struggles that permeated German legal and political culture during the Weimar Republic.
Caldwell makes accessible the rich literature in German constitutional thought of the Weimar period, most of which has been unavailable in English until now. On the liberal left, Hugo Preuss and Hans Kelsen defended a concept of democracy that made the constitution sovereign and, in a way, created the "Volk" through constitutional procedure. On the right, Carl Schmitt argued for a substantial notion of the "Volk" that could overrule constitutional procedure in a state of emergency. Rudolf Smend and Heinrich Triepel located in the constitution a set of inviolable values of the political community, while Hermann Heller saw in it a guarantee of substantial social equality. Drawing on the work of these major players from the 1920s, Caldwell reveals the various facets of the impassioned constitutional struggles that permeated German legal and political culture during the Weimar Republic.
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The News Event
Popular Sovereignty in the Age of Deep MediatizationFrancis Cody
University of Chicago Press, 2023
In the hypermediated world of Tamil Nadu, Francis Cody studies how “news events” are made.
Not merely the act of representing events with words or images, a “news event” is the reciprocal relationship between the events being reported in the news and the event of the news coverage itself. In The News Event, Francis Cody focuses on how imaginaries of popular sovereignty have been remade through the production and experience of such events. Political sovereignty is thoroughly mediated by the production of news, and subjects invested in the idea of democracy are remarkably reflexive about the role of publicly circulating images and texts in the very constitution of their subjectivity. The law comes to stand as both a limit and positive condition in this process of event making, where acts of legal and extralegal repression of publication can also become the stuff of news about news makers. When the subjects of news inhabit multiple participant roles in the unfolding of public events, when the very technologies of recording and circulating events themselves become news, the act of representing a political event becomes difficult to disentangle from that of participating in it. This, Cody argues, is the crisis of contemporary news making: the news can no longer claim exteriority to the world on which it reports.
Not merely the act of representing events with words or images, a “news event” is the reciprocal relationship between the events being reported in the news and the event of the news coverage itself. In The News Event, Francis Cody focuses on how imaginaries of popular sovereignty have been remade through the production and experience of such events. Political sovereignty is thoroughly mediated by the production of news, and subjects invested in the idea of democracy are remarkably reflexive about the role of publicly circulating images and texts in the very constitution of their subjectivity. The law comes to stand as both a limit and positive condition in this process of event making, where acts of legal and extralegal repression of publication can also become the stuff of news about news makers. When the subjects of news inhabit multiple participant roles in the unfolding of public events, when the very technologies of recording and circulating events themselves become news, the act of representing a political event becomes difficult to disentangle from that of participating in it. This, Cody argues, is the crisis of contemporary news making: the news can no longer claim exteriority to the world on which it reports.
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