Regulative Institutions (2)

Jeffrey C. Alexander

in The Civil Sphere

Published in print August 2006 | ISBN: 9780195162509
Published online May 2012 | e-ISBN: 9780199943364 | DOI:
Regulative Institutions (2)

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The communicative boundary of civil society affects noncivil spheres by crystallizing diffuse public opinion, and it gains its effects exclusively through persuasion and influence. However, there are more concrete ways in which civil society exerts its influence. Through the institutions of voting, political party, and office, the criteria of civil society are defined in more hard-headed ways, involving sanction, not only persuasion. These institutions compose the regulative as compared with the communicative boundary of civil society, and they compel states to enforce civil obligations vis-à-vis such other noncivil institutions as families, states, religions, and primordial communities. To be fully effective, however, this regulative boundary must be fortified by law. This chapter discusses the democratic possibilities of law, the warring schools of jurisprudence, the civil morality of law, constitutions as civil regulation, the civil life of ordinary law, and legalizing social exclusion.

Keywords: civil society; ordinary law; jurisprudence; civil morality; constitution; civil regulation; civil life; social exclusion

Chapter.  16043 words. 

Subjects: Sociology

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