Constitutional Theocracy (Hardcover)

Author: Hirschl, Ran

Customer Reviews   Write a Review

Be the first to review this item and earn 25 Rakuten Super Points™

Product Overview

At the Intersection of two sweeping global trends---the rise of popular support for principles of theocratic governance and the spread of constitutionalism and judicial review---a new legal order has emerged: constitutional theocracy. It enshrines religion and its interlocutors as "a" or "the" source of legislation, and at the same time adheres to core ideals and practices of modern constitutionalism. Unique hybrids of apparently conflicting worldviews, values, and interests, constitutional theocracies offer an ideal setting for studying constitutional law as a form of politics by other means. Ran Hirschl combines insights from legal theory, economics, theology, and political sociology with rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world.

Counterintuitively, Hirschl argues that the constitutional enshrinement of religion is a rational, prudent strategy that allows opponents of theocratic governance to talk the religious talk without walking most of what they regard as theocracy's unappealing, costly walk. Many of the jurisdictional, enforcement, and cooptation advantages that gave religious legal regimes an edge in the pre-modern era are now aiding the modern state and its laws in its effort to contain religion. The constitutional in a theocracy fulfills the same restricting function it carries out in a constitutional democracy: it checks theocratic governance and sets up law and courts as bulwarks against the threat of radical religion.

Constitutional Theocracy demonstrates that precisely because the canonical constitutional scripture has certain religion-like aspects, it may be better positioned than blunter, more forceful means to control and pacify principles of theocratic governance. In that respect, Hirschl argues, constitutionalism might emerge, or perhaps has already, as tomorrow's "opiate of the masses."

Specifications

Publisher Harvard Univ Pr
Mfg Part# 9780674048195
SKU 214873508
Format Hardcover
ISBN10 0674048199
Release Date 11/1/2010
Product Attributes
Book Format Hardcover
Number of Pages 0306
Publisher Harvard University Press
loading
$144.02 + $5.98 shipping
Rakuten Super Points Earn 145 ($1.45) Rakuten Super Points™
What are Rakuten Super Points™?
Get rewarded when you shop! Earn 1 point per dollar spent. That's like getting cash back on every purchase. Easy to see matured points in checkout. Use points just like cash.
Learn More
Get this item for
(price with shipping)
(redeem points)
Format: Hardcover
Condition: Used-Good
In Stock. Usually Ships in 1 to 2 business days
Please select an option to buy
Add to Cart

What is a Marketplace and Shop Owner?
  • Our marketplace is a platform where approved third-party retailers (Shop Owners) can sell their products
  • Items are sold and shipped by Shop Owners
  • Your credit card and personal information remain secure; Rakuten.com meets all PCI Security Standards.
  • Purchases can only be returned to the Shop Owner
  • All purchases receive Rakuten Super Points™
ADVERTISEMENT
Promotions & Offers (1)
  •  custom promo
    5% Back* Sitewide with Promo Code Rewardme *See page for details
ADVERTISEMENT
ADVERTISEMENT