Order, Authority, and Law: On the Development of Modern Conceptions of Political Order, Legitimate Rule, and Law and How They are Challenged.

Schröter, Nico (2017) 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, 2. pp. 24-44. ISSN 2516-4058

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Abstract

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.

Item Type:	Article
Official URL:	https://www.lselawreview.com/
Additional Information:	© 2017 The Author
Divisions:	LSE
Subjects:	J Political Science > JA Political science (General) K Law > K Law (General)
Date Deposited:	01 May 2018 10:50
Last Modified:	15 Sep 2023 15:57
URI:	http://eprints.lse.ac.uk/id/eprint/87720

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