Playing at being gods

Philosophia 38 (1):41-55 (2010)
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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.

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Antoni Abat Ninet
Universitat de Barcelona (PhD)

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References found in this work

General theory of law and state.Hans Kelsen - 1945 - Union, N.J.: Lawbook Exchange. Edited by Hans Kelsen.
Positive law and objective values.Andrei Marmor (ed.) - 2001 - Oxford [England] ; New York: Clarendon Press.
Plato's Cretan city: a historical interpretation of the Laws.Glenn R. Morrow - 1960 - Princeton, N.J.: Princeton University Press.

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