Arendtian constitutionalism : law, politics and the order of freedom / Christian Volk.

Format:

Book

Author/Creator:

Volk, Christian, author.

Language:

English

Subjects (All):

Arendt, Hannah, 1906-1975.

Arendt, Hannah.

Political science--Philosophy.

Political science.

Physical Description:

1 online resource (304 p.)

Place of Publication:

Oxford : Hart Publishing, 2015.

Language Note:

English

Summary:

"The meaning and function of law in Hannah Arendt's work has never been the subject of a systematic reconstruction. This book examines Arendt's work and reconstructs her ideas through political, legal and constitutional theory, and shows that her engagement with law is continuous as well as crucial to an adequate understanding of her political thought. The author argues that Arendt was very much concerned with the question of an adequate arrangement of law, politics and order - the so-called triad of constitutionalism. By adopting this approach, the author suggests an alternative interpretation of Arendt's thought, which sees her as thinker of political order who considers as crucial a stable and free political order in which political struggle and dissent can happen and occur."--Bloomsbury Publishing.

Contents:

Introduction

1. The Paradoxes of the Nation-State

I. Introduction

II. The Paradox of the Right to Self-determination

III. The Paradox of De-assimilation and De-naturalisation

IV. The Paradox of Rightlessness

V. The Paradox of Human Rights

2. The Concept of the Nation in Hannah Arendt's Thought

II. Arendt and the Social Question -

A Political-theoretical Readjustment

A. Revolution and Discourse

B. Sovereignty and Misery

C. Misery and Consensus

III. The Concept of the Nation and the Volonté Générale

A. Arendt, Rousseau and the French Revolution

B. General Will and Alienation

C. The Internalisation of the Political

3. Law and the Modern State - Hannah Arendt on the Trail of Max Weber

A. In Which Line of Tradition to Think About the State? Neither Hegel nor Elias

B. An Initial Plea for Max Weber

II. On the Origin of the Modern State

A. State and Modern State in Weber

B. Arendt and the Genealogy of the Modern State

III. On the Rationality of Law

A. What is Rational Law? A Look at Weber's Sociology of Law

B. Arendt and Rational Law

4. Hannah Arendt's Critique of Popular Sovereignty

II. Popular Sovereignty and the Law

A. The Political-theoretical Architecture of Arendt's book on Totalitarianism

B. Arendt and the Sources of Juridification

C. Nation and Law

III. Popular Sovereignty and Politics

A. Politics in Mass Society

B. Mistrust and Authority

C. Mass Movement and Power

5. The Order of Freedom: On the Dehierarchisation of the Relationship Between Law and Politics

II. Arendt's Understanding of the Political

A. Arendt and the Normativity of the Political

B. From the Power of Judgement to the Procedural Rules of the Political System

III. Arendt's Theory of Law

A. The Concept of Law: Relationship versus Substance

B. What is Legitimate Law?

C. Arendt's Demanding Concept of Political Enabling

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9781474202411

1474202411

9781509901579

1509901574

OCLC:

913869077