The federal condition: towards a normative theory

Aroney, Nicholas (2016) The federal condition: towards a normative theory. The American Journal of Jurisprudence, 61 1: 13-31. doi:10.1093/ajj/auw001


Author Aroney, Nicholas
Title The federal condition: towards a normative theory
Journal name The American Journal of Jurisprudence   Check publisher's open access policy
ISSN 0065-8995
2049-6494
Publication date 2016-06
Sub-type Article (original research)
DOI 10.1093/ajj/auw001
Open Access Status Not Open Access
Volume 61
Issue 1
Start page 13
End page 31
Total pages 19
Place of publication Cary, NC, United States
Publisher Oxford University Press
Collection year 2017
Language eng
Abstract Political philosophies and legal theories rest upon particular accounts of the human condition. Most such theories regard the unitary state as the normal form of political association, while other forms of political arrangement, such as federations, are treated as special cases to be explained and justified within a unitary framework. This article offers an account of the human condition that, on the contrary, regards a federal ordering of society and politics as normative, and which explains various forms of state-organization within that framework. The justification of a federal ordering of politics depends, it is argued, on a federal understanding of human sociality. On this view, a federal system of government is but a particular outworking of an understanding of the human condition that is itself constitutively federal. The result is an account of human sociality that is at first local and particular, but which aspires to the more distant and universal, and in which expressions of human sociality and political ordering work their way outwards, from the local to the universal, in a nested association of relatively small communities that are constitutive of ever larger communities. Such an account of the human condition, it is argued, offers a more complete context from which to understand, and a more coherent set of reasons for favoring, a federal ordering of society and politics.
Keyword Subsidiarity
Federalism
Political philosophy
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: HERDC Pre-Audit
TC Beirne School of Law Publications
 
Versions
Version Filter Type
Citation counts: Scopus Citation Count Cited 0 times in Scopus Article
Google Scholar Search Google Scholar
Created: Thu, 23 Jun 2016, 09:17:30 EST by Carmen Buttery on behalf of T.C. Beirne School of Law