While constitutionalism is generally reduced to the idea of limited government, little has been said to its contribution to the juridification of the social sphere. The article shows the significance of constitutionalism for the institutionalization of modern civil societies. Modern civil societies, it is argued, can only flourish in a form of modern state that has undergone a process of internal differentiation in the direction of a separation of powers. Through the analysis of the process of self‐constitution of Argentine civil (...) society, I show how the erosion of the constitutional components of the state by populist democratizing movements resulted in the disintegration of civil society. (shrink)

Contradictions of the Welfare State is the first collection of Offe's essays to appear in a single volume in English, and it contains a selection of his most important recent work on the breakdown of the post-war settlement.

The present debate in legal theory is dominated by an unfruitful schism. On the one hand, analytical theories are concerned with the positivity of law, running the risk of missing the law's relation to society. On the other hand, sociological approaches analyze all sorts of social interactions of law, but have developed no conceptual tools to do justice to the autonomy of law. The theory of autopoiesis offers law a chance of getting round the falsely posed alternative between an autonomous (...) rule system or a socially conditioned decision-making process. It is a theory of law that sees the law's autonomy in the self-reproduction of a communication network and understands its relation to society as interference with other autonomous communication networks. Building on the ideas of Humberto Maturana, Heinz von Foerster and Niklas Luhmann, Gunther Teubner uses the concepts of self-organization and autopoiesis to develop a concept of law as a hypercyclically closed social system. This book will stand as a landmark in legal theory and become a standard point of departure in the sociology of law. (shrink)

In this work, legal theorist and political philosopher Carl Schmitt argues that liberalism's basis in individual rights cannot provide a reasonable justification for sacrificing oneself for the state.

Includes bibliographical references and index.