A Sociology of Post-Imperial Constitutions

This book explains how democratic constitutions were created by imperialism. It uses a global-sociological method to show how imperialist patterns of violence persistently affected the development of constitutional democracies, challenging standard views concerning the relationship between democracy, war, and peace.

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Covering the period from the eighteenth century to the present, A Sociology of Post-Imperial Constitutions combines global history and historical legal sociology to explain how democratic constitutions were created by imperialism and military policies related to imperialism. It challenges common views about the relation between democracy and peace, examining how, in different locations and different periods, the constitutional ordering of citizenship both reflected and perpetuated warfare. It also isolates the features of constitutional systems that have been successful in obviating military violence, separating democracy from its military origins. It discusses how the emergence of democratic government after 1945 depended on a dialectical transformation of the war/law nexus in constitutional rule. It then assesses ways in which, and the reasons why, many contemporary constitutions have begun to remilitarize their societies and to rearticulate military constructs of legitimacy.