Constituent Power and Reflexive Identity: Towards an Ontology of Collective Selfhood
Abstract
Abstract This chapter analyses the nature of collective identity implicit in the notion of a political community. Taking the debate between Hans Kelsen and Carl Schmitt on the competing claims to priority of the legal-normative and the political as exemplary of influential and opposing positions in constitutional theory, it argues (against both) that collective identity is reflexive identity, that self-constitution is constitution both by (political) and of (legal-normative) a collective self, and that the paradoxical relation of constituent power and constitutional form — of democracy and legality — is in a certain sense specious. The chapter sets a frame for addressing the arguments of the papers that follow.
Cite this
Hans Lindahl (2008). Constituent Power and Reflexive Identity: Towards an Ontology of Collective Selfhood. https://doi.org/10.1093/acprof:oso/9780199552207.003.0002
@article{hans2008constituent,
title = {Constituent Power and Reflexive Identity: Towards an Ontology of Collective Selfhood},
author = {Lindahl, Hans},
year = {2008},
doi = {10.1093/acprof:oso/9780199552207.003.0002}
}Citations in this library
Stored only when both papers are in the corpus — 220 citations exist upstream.