CfP: Political Sentiments and Moral Emotions in Constitutional Law
/Córdoba, Argentina
August 9-10, 2022
Venue: Aula Magna Facultad de Derecho UNC, Obispo Trejo 242, Córdoba, Rep. Argentina.
1. Roundtable Subject Matter
Beyond practical reason and/or economic rationality do any other human distinctive features reflect on constitutional law? Is it possible to identify any range of moral feelings and/or emotional mind-states as normatively relevant in terms of constitutional decision-making? Do atavistic political sentiments still count? Why do similar written constitutions –with almost identical provisions- not exhibit similar levels of compliance?
Throughout history, in various geographies, it is crystal clear that certain individuals' moral and character skills have been key data for predicting social cohesion and civil cooperation. A wide range of savvy philosophers, politicians, and constitutional scholars have delved into this issue. Aristotle, Cicero, N. Machiavelli, T. Hobbes, JJ. Rousseau, D. Hume, Robespierre, T. Jefferson, J. Madison, M. Weber, H. Arendt, B. Williams, R. Hardin, M. Nussbaum, J. Habermas, T. Nagel, J. Elster, M. Sandel, A. Sajo; all of them are examples of this unstable trend.
After Solon and Clysthenes’ democratic reforms, for instance, Athenians not only relied on egalitarian deliberation (‘boulesis’) and collective reason ('logos'). From early times, they cherished what they called the 'areté' -a polysemic concept whose current meaning is close to civic virtue- as well as to the 'thumos' -a kind of spiritual commitment to the Polis collective destiny-. By the end of the XVIII Century, coupling freedom and equality, the French revolutionary apothegm also underscored ‘fraternity’ as a superior goal of the nascent republic. Finally, we have come across the idea of a constitutional patriotism as a key element of civilized legal realms.
Moral feelings conveying the pursuit of happiness, trust, loyalty, honor, decency, solidarity, and/or tolerance have been either plausible or concealed categories randomly harnessed by constitutionalism. For example, many constitutional aims and values that had been fostered by Enlightenment have survived through a certain kind of civic emotional education. Besides, constitutional design has drawn institutional incentives based upon dynamic representations of how individuals’ behavior should be. Beyond strategic calculation and sheer rationality, moral feelings are likely to provide justifying reasons for State regulations and compelling law enforcement.
In short, the conference’s goal is to analyze how and why constitutional emotional responses such as civic trust, fraternity, tolerance, altruism, constitutional patriotism, etc., etc., have thrived and become the cement of peaceful coexistence and social cooperation in some polities.
Reflecting on these categories looks particularly relevant in Latin America, where high rates of corruption and authoritarianism are randomly undermining the legacy of constitutionalism.
2. The Proceedings
The roundtable will address the topic of constitutional emotions and political sentiments involved in constitutional law. A total of seven discussion tables are planned: “Session 1 (Opening): Framing the debate”; “Session 2: Understanding constitutional emotions”; “Session 3: The importance of constitutional emotions”; “Sessions 4 and 5 (call for papers for junior and senior scholars): How do reasons and emotions reinforce and/or undermine constitutional goals?”; “Session 6: Curbing non-constitutional emotions”; “Session 7: Constitutional design and collective expectations”. After the speakers have finished presenting their talks, time will be alloted for Q&R, remarks, and rejoinders among the speakers and the audience.
3. Submission of Abstracts
Interested parties should submit their CV (no longer than one page) in English, French, or Spanish, along with an abstract of their paper (no longer than 500 words) by May 1, 2022 via email to pcriberi@yahoo.com (please use the subject line ”IACL-AIDC call for papers RT.ARG”). As stated in the RT-program the broad subject-matter is How do reasons and emotions reinforce and/or undermine constitutional goals? The authors of the selected papers will be notified after May 15, 2022. The papers submitted may be published either in a book collecting the proceedings of the Round Table and/or at the IACL-AIDC’s blog. Papers can be written and presented in English, French, or Spanish.
4. Eligibility
The conveners encourage submissions from senior and postdoc scholars and researchers as well as from Ph.D. and LLM candidates. A maximum of 12 proposals will be sorted into two panels. After collecting the submitted proposals, a specially appointed board will proceed to select the most promising and relevant abstracts. Those who are chosen will be invited to submit a full paper and present its core content at the IACL-AIDC Córdoba Round Table. They will present their papers in two consecutive panels in the morning of August 10, 2022. Each speaker will be given a maximum of twelve minutes to present her/his paper.
5. Travel expenses
There is no cost either for participation or for submitting a paper. Paper presenters and participants, in general, must bear the expenses of their travels, meals, and accommodation.