Edited book (chapter)
|Book Chapter Category||Edited book (chapter)|
|ERA Publisher ID||3337|
|Book Title||Encyclopedia of the philosophy of law and social philosophy|
|Editors||Sellers, Mortimer and Kirste, Stephan|
|Number of Pages||7|
|Springer Science + Business Media|
|Place of Publication||Netherlands|
|Digital Object Identifier (DOI)||https://doi.org/10.1007/978-94-007-6730-0_221-1|
|Web Address (URL)||https://link.springer.com/referencework/10.1007%2F978-94-007-6730-0|
Constitutional patriotism is a political theory that seeks to provide an explanation for the sense of ownership that most individuals have towards their national constitutional system. Specifically, constitutional patriotism assumes that free-thinking individuals involved in a discussion over the common good will reach an agreement that is perceived, at least by those involved in the debate, as having normative value. The awareness that such a deliberative process has historically been a part of the constitutional system also induces a sense of ownership of past historical accommodations of constitutional principles. The shared perception of being part of historically grounded institutions within a deliberative democracy is sometimes called the ‘normative surplus effect’ or ‘normative spill-over effect’ of the deliberative process. The theory, in its current form, was proposed by Jürgen Habermas and Jean-Werner Müller.
|Keywords||constitutional patriotism, Habermas, Muller|
|ANZSRC Field of Research 2020||489999. Other law and legal studies not elsewhere classified|
|480702. Constitutional law|
|500202. History and philosophy of law and justice|
Accepted version deposited in accordance with the copyright policy of the publisher.
The encyclopedia provides: 1) a clear concise expert definition and explanation of the key concepts in the field, written by leading scholars; 2) an essential reference for experts and newcomers alike, with entries ranging from short definitions of key terms to extended explorations of major topics; 3) an investigation of questions that have traditionally defined the field, but also more recent developments, significantly updating the fields of the philosophy of law and social philosophy; 4) introductions to theories and research that have developed globally.
|Byline Affiliations||School of Law and Justice|
|Institution of Origin||University of Southern Queensland|
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