chapter  1
16 Pages

Why Must Legal Ideas Be Interpreted Sociologically? Roger Cotterrell and the Vocation of Sociology of Law

Using Roger's concept of Law's community, this chapter argues that constitutional polity is internally constructed by constitutional law as its specific community. The concept of polity as the community of the sovereign people is commonly associated with modern nations and the nation state. The semantics of constitutional polity is not limited by the nation state and national imagination and, equally, can lead to the constitution of specific polities of supranational and transnational law. The semantics of the democratic polity represented by its constitution and representing its sovereignty through constitutional settlement draws on the concept of statehood and sovereignty as absolute and exclusive power within the state's territory. Constitutional polity may only be described as the political and legal systems' internal construction of the concept of society. To conclude, the complex semantics of constitutional polity as society constructed by the political system and juridically communicated through political constitutions is part of the function of memory and culture.