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Arendtian constitutionalism : law, politics and the order of freedom /
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...
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés Alemán |
| Publicado: |
Oxford :
Hart Publishing,
2015.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Half-title; Title; Copyright; Preface; Contents; List of Abbreviations; 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; I. Introduction; 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 GénéraleA. Arendt, Rousseau and the French Revolution; B. General Will and Alienation; C. The Internalisation of the Political; i. From Compassion to Pity; ii. Pity and the Concept of Nation in the French Revolution; iii. The New Virtue and the Exclusion of the Other; 3. Law and the Modern State-Hannah Arendt on the Trail of Max Weber; I. Introduction; 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 Statei. Accentuation of the Economic Structure; ii. The Development of the State into a Political Power and Business Concern; iii. The Functional Importance of the Bureaucracy; iv. The French Revolution and the Genesis 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; i. Bureaucracy as a Form of Rule and the Materiality of Law; ii. Bureaucracy as a Form of Rule and the Irrationality of the Law; 4. Hannah Arendt's Critique of Popular Sovereignty; I. Introduction.
- II. Popular Sovereignty and the LawA. The Political-theoretical Architecture of Arendt's book on Totalitarianism; B. Arendt and the Sources of Juridification; C. Nation and Law; i. The Indefiniteness of the Law; ii. Arendt on the Abrogation of the Law During the French Revolution; iii. From the Internalisation of the Political to its Ethnicisation; 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; I. Introduction.
- II. Arendt's Understanding of the PoliticalA. Arendt and the Normativity of the Political; i. Power and Violence
- A New Accentuation; ii. Forms of Consensus and Modes of Action; iii. The Acknowledgement of the Other: An Attempt at a Political Answer to the 'Normative Lacuna'; B. From the Power of Judgement to the Procedural Rules of the Political System; i. Political Rationality within Institutions; ii. Political Rationality Between Institutions; iii. Political Rationality Between the Political System and the Public Sphere; III. Arendt's Theory of Law.