Constitution-Making and Violence

  title={Constitution-Making and Violence},
  author={Jon Elster},
  journal={Journal of Legal Analysis},
  • J. Elster
  • Published 1 June 2012
  • Political Science
  • Journal of Legal Analysis
Contrary to a traditional view, constitutions are rarely written in calm and reflective moments. Rather, because they tend to bewritten in period of social unrest, constituent moments induce strong emotions and, frequently, violence. The paper examines two such cases: the Federal Convention of 1787 and the French Assemblee Constituante of 1789–1791. These involved state violence as well as popular violence. In the USA, the unequal political representation of the backcountry explains both the… 

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