Law as Theory: Constitutive Thought in the Formation of (Legal) Practice

Abstract

Despite the apparent fluidity that characterizes this historical moment as well as this moment in legal scholarship, this paper argues that there is also an enduring rigidity that is found in the modernist conception of law. It is revealed in debates surrounding transnational constitutionalism, which even as they purport to transcend the nation-state, cannot escape some form of reinscription of the relation between law and a centralized sovereign authority.