Playing at Being Gods

Antoni Abat i Ninet*

*Corresponding author for this work

Research output: Contribution to journalArticleResearchpeer-review

Abstract

The present article commences analyzing the origins and influences of the religious discourse on the configuration of the modern constitutional discourse and the contributions of the jus-positivism in the consolidation of this sacred-civil language. The second issue is the definition of the U. S. Constitution as a mixed and not as a democratic constitution, with regard to the influences of Plato, Aristotle, Cicero and Polybius to the Drafters of the first modern constitutional text; stability and equilibrium took preference over democracy in a wide sense. I also analyze how the Drafter's decision has conditioned the modern constitutional system up to the present.

Original languageEnglish
Pages (from-to)41-55
Number of pages15
JournalPhilosophia
Volume38
DOIs
Publication statusPublished - 30 Jun 2009

Keywords

  • Civic religion
  • Legal postivism
  • Mixed constitution instead democracy
  • Modern and ancient constitutionalism
  • The role of God
  • Torah
  • U.S. American constitution drafters

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