scholarly journals Constitutional Culture or Ordinary Politics: A Reply to Reva Siegel

2006 ◽  
Vol 94 (5) ◽  
pp. 1465 ◽  
Author(s):  
Robin West
Keyword(s):  
Constitutional Culture

Dynamics of Constitutional Cultures

2021 ◽  
Keyword(s):  
Cultural Theory ◽  
The Political ◽  
Research Approach ◽  
Cultural Perspective ◽  
Constitutional Culture ◽  
Different Dimensions ◽  
Political Economic ◽  
Rules Of The Game ◽  
Range Of Influence ◽  
Käte Hamburger

Although it has been claimed that we live in an age of constitutionalism, national and transnational constitutions neither appear as uniform models nor as uncontested means of setting the rules of the game in the political, economic, or religious domain. This book aims to convince readers of a cultural perspective on constitutions. Tying in with the research approach of the Käte Hamburger Center “Law as Culture”, the term “constitutional culture” evokes the multidimensional life of a constitution that cannot be restricted to its – though essential – textual normative provisions and authorized interpreters. Grasping the foundational force and societal influence of constitutions by means of cultural theory and analysis also calls for the investigation of narratives, symbols, rituals, materials, and places in which constitutions are framed and reproduced. With this objective in mind, the contributions to this volume, written by lawyers, sociologists, and political scientists, illuminate different dimensions of the cultural manifestation of constitutions as well as contemporary legal, political, and social struggles arising around their shape and range of influence in various regions of the world.

Sexual Choice

2017 ◽  
Author(s):  
Anne C. Dailey
Keyword(s):  
Sexual Coercion ◽  
Central Place ◽  
Professional Relationships ◽  
Patient Relationship ◽  
Sexual Relations ◽  
Sexual Autonomy ◽  
Constitutional Culture ◽  
Psychoanalytic Perspective ◽  
The Subject ◽  
The Right

The right of sexual autonomy occupies a central place in our constitutional scheme of individual liberties. Consensual sexual relations, including fornication, adultery, and sodomy, now presumptively lie beyond the reach of law’s regulatory power. But as this chapter shows, there is one long-standing law banning consensual sexual relations that remains solidly on the books in every state: the prohibition on adult incest. The subject of adult incest opens the door to a psychoanalytic perspective on the right of sexual autonomy and the modern laws regulating sexual choice. The chapter explores how powerful unconscious forces deriving from the parties’ close familial relationship render the “choice” to have sex a potentially tragic illusion. Similar kinds of unconscious coercion can happen in other contexts as well. For example, the therapist-patient relationship also involves forms of unconscious coercion not known to the parties themselves, and deserving of some regulation. Understanding in close detail the unconscious dynamics in adult incest and the therapist-patient relationship can illuminate less obvious forms of sexual coercion in more common types of professional relationships. A psychoanalytic perspective has a crucial role to play in defining the range and meaning of sexual autonomy as a fundamental right in our constitutional culture.

scholarly journals 'Ambedkar's Constitution': A Radical Phenomenon in Anti-Caste Discourse?

2021 ◽  
Vol 2 (1) ◽  
pp. 109-131
Author(s):  
Anurag Bhaskar
Keyword(s):  
Social Justice ◽  
The Other ◽  
Indian Constitution ◽  
Popular Discourse ◽  
Popular Appeal ◽  
Constitutional Culture

During the last few decades, India has witnessed two interesting phenomena. First, the Indian Constitution has started to be known as ‘Ambedkar’s Constitution’ in popular discourse. Second, the Dalits have been celebrating the Constitution. These two phenomena and the connection between them have been understudied in the anti-caste discourse. However, there are two generalised views on these aspects. One view is that Dalits practice a politics of restraint, and therefore show allegiance to the Constitution which was drafted by the Ambedkar-led Drafting Committee. The other view criticises the constitutional culture of Dalits and invokes Ambedkar’s rhetorical quote of burning the Constitution. This article critiques both these approaches and argues that none of these fully explores and reflects the phenomenon of constitutionalism by Dalits as an anti-caste social justice agenda. It studies the potential of the Indian Constitution and responds to the claim of Ambedkar burning the Constitution. I argue that Dalits showing ownership to the Constitution is directly linked to the anti-caste movement. I further argue that the popular appeal of the Constitution has been used by Dalits to revive Ambedkar’s legacy, reclaim their space and dignity in society, and mobilise radically against the backlash of the so-called upper castes.

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