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        Constitución y Arbitrariedad

        Conceptos e imaginarios del constitucionalismo argentino

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        Author(s)
        Casagrande, Augustín E.
        Language
        Spanish
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        Abstract
        The discourse of constitutionalism emerged out of the entanglement of three strands: legal theory, political philosophy, and historical narratives. Its structure revolves around the tension between the counter-concepts (Gegenbegriffe) of arbitrariness (to be denounced) and constitution (to be legitimized). This book presents a threefold genealogical analysis to access the logic of Argentine constitutionalism. First, a conceptual history (Begriffsgeschichte) exposes the distance between recent narratives of the development of Argentine constitutionalism as constructed by political historians, on the one hand, and constitutional scientists, on the other. The second genealogy explores the theoretical rupture between modern law and the traditional knowledge of ius commune in the shift from arbitrium iuris to “legicentric” logic – that is, the preeminence of written law enacted by the state. The narrowing of the concept of arbitrium to arbitrariness was central to the formation of constitutional law’s conception of the political order. Finally, this rupture went hand-in-hand with the establishment of new political imaginaries, including autocratic caudillos, suggestible masas, anarchic tendencies of a people, etc. During the 19th century, these fueled the sense among the elites that a new order was needed; but they also still remain part of current narratives. Revealing these emotional imaginaries that guided, and continue to guide, constitutional practice enables a dialogue between the history of law as written by historians and as written by constitutionalists, with the purpose of understanding the recurrent crises that still afflict Argentine constitutionalism in the 21st century.
        URI
        https://library.oapen.org/handle/20.500.12657/110114
        Keywords
        GPLH; Argentina; Argentine constitutionalism; Conceptual history; Arbitrium iuris
        DOI
        10.12946/gplh26
        ISBN
        9783944773506, 9783944773506, 9783944773513
        Publisher
        Max Planck Institute for Legal History and Legal Theory
        Publisher website
        https://www.lhlt.mpg.de/en
        Publication date and place
        Frankfurt am Main, 2025
        Series
        Global Perspectives on Legal History, 26
        Classification
        Jurisprudence and general issues
        Systems of law
        Legal history
        Pages
        236
        Rights
        https://creativecommons.org/licenses/by-nc-nd/4.0/
        • Imported or submitted locally

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        License

        • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

        Credits

        • logo EU
        • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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