Costituzione, ieri e oggi

Constitutions represent an answer to a problem that derives from the nature of human beings and from their co-living together in a common social and political space. The root of the “constitutional problem” can be summed up with the following double question: how to create a stable and safe human/po...

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Main Author: Gaspare Nevola
Format: Article
Language:deu
Published: Firenze University Press 2023-12-01
Series:SocietàMutamentoPolitica: Rivista Italiana di Sociologia
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Online Access:https://oajournals.fupress.net/index.php/smp/article/view/15020
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author Gaspare Nevola
author_facet Gaspare Nevola
author_sort Gaspare Nevola
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description Constitutions represent an answer to a problem that derives from the nature of human beings and from their co-living together in a common social and political space. The root of the “constitutional problem” can be summed up with the following double question: how to create a stable and safe human/political community for zoon politikon, inside of a given territory, under a political organization flexible enough to adapt to internal and external changes which can threaten stability and security of collective coexistence? And how to do it between order and freedom, between power and law, between consent and dissent, between majority and minority? The present essay examines conceptual, empirical and historical profiles concerning the constitutional matter which has engaged the Ancients as well as the Moderns and Contemporaries. The essay emphasizes, on one side, the transformations of constitutions, on the other side, the intrinsic nature of constitutions in terms of “sociopolitical contract” and the normative telos that characterizes them. In contemporary societies, the Occidental ones in primis, the constitutional telos stay wrapped up, more than in the past, in an intimate (and conflictual) interweaving between formal (or encoded) constitution and “material” constitution “practiced” in social, cultural and political life. One might say that men do their constitutions, but not at will: systemic dynamics and structures (social and cultural, economics and technological, juridical and political) matter.
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spelling doaj-art-ef4c65293c69434483c037a4ce1fe2a32025-08-20T03:08:38ZdeuFirenze University PressSocietàMutamentoPolitica: Rivista Italiana di Sociologia2038-31502023-12-01142812714210.36253/smp-1502013849Costituzione, ieri e oggiGaspare NevolaConstitutions represent an answer to a problem that derives from the nature of human beings and from their co-living together in a common social and political space. The root of the “constitutional problem” can be summed up with the following double question: how to create a stable and safe human/political community for zoon politikon, inside of a given territory, under a political organization flexible enough to adapt to internal and external changes which can threaten stability and security of collective coexistence? And how to do it between order and freedom, between power and law, between consent and dissent, between majority and minority? The present essay examines conceptual, empirical and historical profiles concerning the constitutional matter which has engaged the Ancients as well as the Moderns and Contemporaries. The essay emphasizes, on one side, the transformations of constitutions, on the other side, the intrinsic nature of constitutions in terms of “sociopolitical contract” and the normative telos that characterizes them. In contemporary societies, the Occidental ones in primis, the constitutional telos stay wrapped up, more than in the past, in an intimate (and conflictual) interweaving between formal (or encoded) constitution and “material” constitution “practiced” in social, cultural and political life. One might say that men do their constitutions, but not at will: systemic dynamics and structures (social and cultural, economics and technological, juridical and political) matter.https://oajournals.fupress.net/index.php/smp/article/view/15020constitutionpower-rightpolitical culturesocial contractmeans-endsrule of men and rule of laws
spellingShingle Gaspare Nevola
Costituzione, ieri e oggi
SocietàMutamentoPolitica: Rivista Italiana di Sociologia
constitution
power-right
political culture
social contract
means-ends
rule of men and rule of laws
title Costituzione, ieri e oggi
title_full Costituzione, ieri e oggi
title_fullStr Costituzione, ieri e oggi
title_full_unstemmed Costituzione, ieri e oggi
title_short Costituzione, ieri e oggi
title_sort costituzione ieri e oggi
topic constitution
power-right
political culture
social contract
means-ends
rule of men and rule of laws
url https://oajournals.fupress.net/index.php/smp/article/view/15020
work_keys_str_mv AT gasparenevola costituzioneierieoggi