Deconstructive constitutionalism : Derrida reading Kant / Jacques de Ville.

Format:

Book

Author/Creator:

De Ville, Jacques, author.

Series:

SUNY series in contemporary continental philosophy.

SUNY Series in Contemporary Continental Philosophy Series

Language:

English

Subjects (All):

Constitution (Philosophy).

Constitutional law--Philosophy.

Constitutional law.

Deconstruction.

Kant, Immanuel, 1724-1804.

Derrida, Jacques.

Derrida, Jacques--Influence.

Kant, Immanuel, 1724-1804--Influence.

Kant, Immanuel.

Genre:

Electronic books.

Physical Description:

1 online resource (220 pages)

Edition:

First edition.

Place of Publication:

Albany, NY : State University of New York Press, [2023]

Summary:

Deconstructive Constitutionalism explores the relationship between the thinking of Immanuel Kant and Jacques Derrida concerning modern constitutionalism. Kant is widely recognized as one of the philosophical forebears of modern constitutionalism; that is, the notion that state powers should be defined and limited through a constitution. Kant laid the foundation of constitutionalism through his exposition of freedom, practical reason, and moral law. However, constitutionalism is under severe strain due to the challenges posed by inter alia climate change, global health, global conflict, authoritarianism, authoritarian populism, religious fundamentalism, migration, and inequality. Deconstructive Constitutionalism investigates, by way of Derrida's engagements with Kant, how the foundations of constitutionalism can be conceived differently to address some of these twenty-first-century challenges. The book examines the possible implications of such a re-reading of Kant for democracy, the human-animal relation, criminal law and punishment, as well as for a global constitutional order--back cover.

Contents:

Intro

Contents

Acknowledgments

Introduction

Kant and Modern Constitutionalism

Context, Challenges, and Alliances

"Method" and Limitations

From Kant's Moral Law to Perpetual Peace

Outline of Chapters

Chapter 1 The Moral Law

The (Non-)Relation of Respect for the Law

The Law of Law

An Interrupted Relation

A Law of Tact

Feeling as Driving Force

Duty

The "As If "

A Law of Welcome

Chapter 2 The Principle of Reason

Heidegger on the Principle of Reason

Modern Thinking and the Principle of Reason

The Principle of Reason as a Saying of Being

The Withdrawal of Being in its Sending

Kant and the Principle of Reason

The Sending of Being and the Human Being

Derrida

The University and the Principle of Reason

The Gift and the Principle of Reason

The Death Penalty and the Principle of Reason

Reason to Come

Legal Reasoning and the Welcome to the Other

Chapter 3 Freedom and Democracy

Heidegger

Transcendental Freedom

Practical Freedom

Freedom, Causality, and Being

Freedom as Exposure beyond Mastery

Freedom and Democracy

Kant, Freedom, and Democracy

Chapter 4 Animal, Subject, Constitution

Kant, the Animal, and the Human

Derrida Reading Kant

Subjectivity

The Civil Condition

The Moral Law

Living Together

Chapter 5 Crime, Punishment, and Forgiveness

Legal Responsibility and Punishment

The Sovereign's Right to Punish and to Grant Clemency

Punishment

Clemency

The Purpose of Punishment

The Measure of Punishment

Progress

Calculating with the Incalculable

Chapter 6 Perpetual Peace

Preface

Defining Peace

Public Law

International Law

Cosmopolitan Law

Peace as Absolute Hospitality

Kant after Derrida

Abyssal Foundations

Toward the Democracy to Come

Reading Kant to Meet the Challenges of Today

Notes

Bibliography

Case Law

Index

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Includes bibliographical references (pages 183-199) and index.

Other Format:

Print version: de Ville, Jacques Deconstructive Constitutionalism

ISBN:

9781438491738

OCLC:

1356007534