Please use this identifier to cite or link to this item: http://buratest.brunel.ac.uk/handle/2438/11356
Title: Spinoza and constituent power
Authors: Del Lucchese, F
Keywords: Constituent power;Conflict;Law;State theory;Constitutionalism;Democracy
Issue Date: 2015
Publisher: Palgrave Macmillan
Citation: Contemporary Political Theory, (2015)
Abstract: This article considers Baruch Spinoza’s contribution to a theory of constituent power. Modern theories of constituent power generally agree on its paradoxical essence: a power that comes before the law and founds the law is at the same time a power that, once the juridical sphere is established, has to be obliterated by the law. Spinoza’s ontology has been recognised as one of the early modern sources of constituent power, yet he argues for a strict equivalence between law and power. This article argues that by reading Spinoza’s political theory through the lens of a radical immanence between ontology and history, we can understand him as a source for a theory of constituent power. It also argues that, through this immanence, Spinoza’s thought offers a solution to the paradox of constituent power and enriches contemporary discussions on the origin of juridical sphere and the relationship between politics and law.
URI: http://www.palgrave-journals.com/cpt/journal/vaop/ncurrent/full/cpt201539a.html
http://bura.brunel.ac.uk/handle/2438/11356
DOI: http://dx.doi.org/10.1057/cpt.2015.39
ISSN: 1476-9336
Appears in Collections:Dept of Politics, History and Law Research Papers

Files in This Item:
File Description SizeFormat 
Fulltext.pdf179.56 kBAdobe PDFView/Open


Items in BURA are protected by copyright, with all rights reserved, unless otherwise indicated.