Aristotle’s Constitutional TheoryDr George Duke (Deakin University )
C2.05
221 Burwood Hwy
Burwood 3125
Australia
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This paper seeks to develop and defend a broadly Aristotelian account of constitutional legitimacy. Section one maps out similarities and differences between the Aristotelian politeia and modern constitutions. Having established the applicability of Aristotle’s theory of the politeia to contemporary debates on constitutional legitimacy, in section two I argue that Aristotle’s appeal to the common advantage offers better material for a normative justification of the validity of the constitution than concepts such as constituent power and popular sovereignty.
Dr George Duke is a Senior Lecturer in Philosophy at Deakin University. His current research interests include natural law jurisprudence and the legal thought of Aristotle.
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