Arendtian Constitutionalism

Arendtian Constitutionalism Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Arendtian Constitutionalism book. This book definitely worth reading, it is an incredibly well-written.

Arendtian Constitutionalism

Author : Christian Volk
Publisher : Bloomsbury Publishing
Page : 168 pages
File Size : 48,7 Mb
Release : 2015-07-30
Category : Law
ISBN : 9781509901579

Get Book

Arendtian Constitutionalism by Christian Volk Pdf

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 occur. Endorsements 'Christian Volk is one of the most original and penetrating Arendt interpreters of his generation. This book addresses some of the most misunderstood aspects of Arendtian thought – namely, her views of law and constitutionalism. Volk does away with a lot of misconceptions and guides us to a novel view of Arendt on these questions and beyond'. Seyla Benhabib, Yale University 'One could not imagine something new on Arendt these days. Too much has been written in the last decades. But this volume discloses new land and gives a fresh look at Arendt's theory of the political. A great book, and a must for every reading list'. Hauke Brunkhorst, University of Flensburg 'Hannah Arendt is famous for her unusual conception of politics, but as Christian Volk's rich and seminal study shows, Arendt's political theory goes hand in hand with a distinctive understanding of law. Volk persuasively charts the emergence of Arendt's complementary approaches to law and politics out of her analysis of the crisis of the European nation-state, and tests the power of her thought by bringing it into a fresh dialogue with an unusually wide spectrum of contemporary theorists. An impressive work that deserves the new audience it will find in this welcome translation'. Patchen Markell, University of Chicago 'Christian Volk splendidly discovers Hannah Arendt as a legal theorist. Lawyers interested in her seminal work should just read this book'. Christoph Möllers, Humboldt University Berlin 'As Christian Volk persuasively demonstrates, reading Arendt as a constitutional theorist is more than just adding another dimension to the interpretation of her work. Based on comprehensive textual evidence, he can instead show that this has important conceptual implications which shed a completely new light on the basic aspects of her overall theoretical outlook. Emphasising the procedural grounding of her understanding of democracy, it thus presents a major challenge to many widely held beliefs about Arendt ́s work and an irresistible invitation to reinvestigate the foundations, promises and prospects of radical politics.' Rainer Schmalz-Bruns, Leibniz University of Hanover

Hannah Arendt and the Law

Author : Marco Goldoni,Chris McCorkindale
Publisher : Bloomsbury Publishing
Page : 382 pages
File Size : 47,9 Mb
Release : 2012-04-20
Category : Law
ISBN : 9781847319326

Get Book

Hannah Arendt and the Law by Marco Goldoni,Chris McCorkindale Pdf

This book fills a major gap in the ever-increasing secondary literature on Hannah Arendt's political thought by providing a dedicated and coherent treatment of the many, various and interesting things which Arendt had to say about law. Often obscured by more pressing or more controversial aspects of her work, Arendt nonetheless had interesting insights into Greek and Roman concepts of law, human rights, constitutional design, legislation, sovereignty, international tribunals, judicial review and much more. This book retrieves these aspects of her legal philosophy for the attention of both Arendt scholars and lawyers alike. The book brings together lawyers as well as Arendt scholars drawn from a range of disciplines (philosophy, political science, international relations), who have engaged in an internal debate the dynamism of which is captured in print. Following the editors' introduction, the book is split into four Parts: Part I explores the concept of law in Arendt's thought; Part II explores legal aspects of Arendt's constitutional thought: first locating Arendt in the wider tradition of republican constitutionalism, before turning attention to the role of courts and the role of parliament in her constitutional design. In Part III Arendt's thought on international law is explored from a variety of perspectives, covering international institutions and international criminal law, as well as the theoretical foundations of international law. Part IV debates the foundations, content and meaning of Arendt's famous and influential claim that the 'right to have rights' is the one true human right.

Democracy, the Courts, and the Liberal State

Author : David Miles
Publisher : Routledge
Page : 318 pages
File Size : 50,5 Mb
Release : 2020-10-26
Category : Political Science
ISBN : 9780429534942

Get Book

Democracy, the Courts, and the Liberal State by David Miles Pdf

Reformulating a problem of both constitutionalism and liberalism discussed in the works of Ernst-Wolfgang Böckenförde, Hannah Arendt, and Alexis de Tocqueville, the book examines one generally overlooked manifestation of constitutionalism: the role of the courts in shaping democratic politics and the inter-relationship between citizens and state. Drawing on constitutional history, law, and political theory, David Miles argues that constitutionalism cannot be seen merely as an institutional mechanism to limit government, as it also has a crucial civic dimension upon which the liberal state depends. Utilising the works of Böckenförde, Arendt, and Tocqueville, constitutionalism is conceived in the book as part of a broader system of communal norms which sustains representative democracy and liberalism. Through an analysis of judicial interventions in the electoral processes of the United States and Germany, Miles explores the role of civil society actors in transforming constitutionalism through legal challenges to oligarchical or exclusionary practices. He assesses how, in adjudicating these cases, the US Supreme Court and the German Constitutional Court have mediated the tension between threats to stability and the imperative of democratic renewal. Democracy, the Courts, and the Liberal State will be of interest to scholars, students, and practitioners interested in comparative politics, political theory, and constitutional law and history.

Founding Moments in Constitutionalism

Author : Richard Albert,Menaka Guruswamy,Nishchal Basnyat
Publisher : Bloomsbury Publishing
Page : 400 pages
File Size : 55,5 Mb
Release : 2019-10-17
Category : Law
ISBN : 9781509930982

Get Book

Founding Moments in Constitutionalism by Richard Albert,Menaka Guruswamy,Nishchal Basnyat Pdf

Founding moments are landmark events that break ties with the ancien régime and lay the foundation for the establishment of a new constitutional order. They are often radically disruptive episodes in the life of a state. They reshape national law, reset political relationships, establish future power structures, and influence happenings in neighbouring countries. This edited collection brings together leading and emerging scholars to theorise the phenomenon of a founding moment. What is a founding moment? When does the 'founding' process begin and when does it end? Is a founding moment possible without yielding a new constitution? Can a founding moment lead to a partial or incomplete transformation? And should the state be guided by the intentions of those who orchestrated these momentous breaks from the past? Drawing from constitutions around the world, the authors ask these and other fundamental questions about making and remaking constitutions.

Democracy and the Politics of the Extraordinary

Author : Andreas Kalyvas
Publisher : Cambridge University Press
Page : 327 pages
File Size : 54,5 Mb
Release : 2008-06-30
Category : Political Science
ISBN : 9781139472425

Get Book

Democracy and the Politics of the Extraordinary by Andreas Kalyvas Pdf

Although the modern age is often described as the age of democratic revolutions, the subject of popular founding has not captured the imagination of contemporary political thought. Most of the time, democratic theory and political science treat as the object of their inquiry normal politics, institutionalized power, and consolidated democracies. This study shows why it is important for democratic theory to rethink the question of democracy's beginnings. Is there a founding unique to democracies? Can a democracy be democratically established? What are the implications of expanding democratic politics in light of the question of whether and how to address democracy's beginnings? Kalyvas addresses these questions and scrutinizes the possibility of democratic beginnings in terms of the category of the extraordinary, as he reconstructs it from the writings of Max Weber, Carl Schmitt, and Hannah Arendt and their views on the creation of new political, symbolic, and constitutional orders.

The Bloomsbury Companion to Arendt

Author : Peter Gratton,Yasemin Sari
Publisher : Bloomsbury Publishing
Page : 688 pages
File Size : 54,5 Mb
Release : 2020-10-01
Category : History
ISBN : 9781350053281

Get Book

The Bloomsbury Companion to Arendt by Peter Gratton,Yasemin Sari Pdf

Hannah Arendt's (1906-1975) writings, both in public magazines and in her important books, are still widely studied today. She made original contributions in political thinking that still astound readers and critics alike. The subject of several films and numerous books, colloquia, and newspaper articles, Arendt remains a touchstone in innumerable debates about the use of violence in politics, the responsibility one has under dictatorships and totalitarianism, and how to combat the repetition of the horrors of the past. The Bloomsbury Companion to Arendt offers the definitive guide to her writings and ideas, her influences and commentators, as well as the reasons for her lasting significance, with 66 original essays taking up in accessible terms the myriad ways in which one can take up her work and her continuing importance. These essays, written by an international set of her best readers and commentators, provides a comprehensive coverage of her life and the contexts in which her works were written. Special sections take up chapters on each of her key writings, the reception of her work, and key ways she interpreted those who influenced her. If one has come to Arendt from one of her essays on freedom, or from yet another bombastic account of her writings on Adolph Eichmann, or as as student or professor working in the field of Arendt studies, this book provides the ideal tool for thinking with and rediscovering one of the most important intellectuals of the past century. But just as importantly, contributors advance the study of Arendt into neglected areas, such as on science and ecology, to demonstrate her importance not just to debates in which she was well known, but those touched off only after her death. Arendt's approaches as well as her concrete claims about the political have much to offer given the current ecological and refugee crises, among others. In sum, then, the Companion provides a tool for thinking with Arendt, but also for showing just where those thinking with her can take her work today.

The Spirit of Democracy

Author : Sofia Näsström
Publisher : Oxford University Press
Page : 332 pages
File Size : 51,8 Mb
Release : 2021
Category : Political Science
ISBN : 9780192898869

Get Book

The Spirit of Democracy by Sofia Näsström Pdf

This book develops a new theoretical framework for studying the corruption, disintegration, and renewal of democracy: what it is, how it begins, and where in society it plays out. Näsström argues that modern democracy is a sui generis political form animated and sustained by a spirit of emancipation.

An Analysis of Hannah Arendt's The Human Condition

Author : Sahar Aurore Saeidnia,Anthony Lang
Publisher : CRC Press
Page : 76 pages
File Size : 43,9 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351353151

Get Book

An Analysis of Hannah Arendt's The Human Condition by Sahar Aurore Saeidnia,Anthony Lang Pdf

Hannah Arendt’s 1958 The Human Condition was an impassioned philosophical reconsideration of the goals of being human. In its arguments about the kind of lives we should lead and the political engagement we should strive for, Arendt’s interpretative skills come to the fore, in a brilliant display of what high-level interpretation can achieve for critical thinking. Good interpretative thinkers are characterised by their ability to clarify meanings, question accepted definitions and posit good, clear definitions that allow their other critical thinking skills to take arguments deeper and further than most. In many ways, The Human Condition is all about definitions. Arendt’s aim is to lay out an argument for political engagement and active participation in society as the highest goals of human life; and to this end she sets about defining a hierarchy of ways of living a “vita activa,” or active life. The book sets about distinguishing between our different activities under the categories of “labor”, “work”, and “action” – each of which Arendt carefully redefines as a different level of active engagement with the world. Following her clear and careful laying out of each word’s meaning, it becomes hard to deny her argument for the life of “action” as the highest human goal.

Freedom and Indigenous Constitutionalism

Author : John Borrows
Publisher : University of Toronto Press
Page : 382 pages
File Size : 50,6 Mb
Release : 2016-05-12
Category : Social Science
ISBN : 9781442630956

Get Book

Freedom and Indigenous Constitutionalism by John Borrows Pdf

Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.

The Wandering Thought of Hannah Arendt

Author : Hans-Jörg Sigwart
Publisher : Springer
Page : 147 pages
File Size : 53,6 Mb
Release : 2016-09-15
Category : Political Science
ISBN : 9781137482150

Get Book

The Wandering Thought of Hannah Arendt by Hans-Jörg Sigwart Pdf

This book interprets Hannah Arendt’s work as a “wandering” type of political theory. Focusing on the sub-text of Arendt’s writings which questions “how to think” adequately in political theory whilst categorically refraining from explicitly investigating meta-theoretical questions of epistemology and methodology, the book characterizes her theorizing as an oscillating movement between the experiential positions of philosophy and politics, and by its distinctly multi-contextual perspective. In contrast to the “not of this world” attitude of philosophy, the book argues that Arendt’s political theory is “of this world”. In contrast to politics, it refrains from being “at home” in any particular part of this world and instead wanders between the multiple horizons of the many different political worlds in time and space. The book explores how these two decisive motives of Arendt’s theoretical self-perception majorly influence her epistemological, methodological and normative frame of reference and inspire her understanding of major concepts, including politics, judgment, understanding, nature, and space.

Handbook of the History of the Philosophy of Law and Social Philosophy

Author : Gianfrancesco Zanetti,Mortimer Sellers,Stephan Kirste
Publisher : Springer Nature
Page : 303 pages
File Size : 47,8 Mb
Release : 2023-03-28
Category : Law
ISBN : 9783031195501

Get Book

Handbook of the History of the Philosophy of Law and Social Philosophy by Gianfrancesco Zanetti,Mortimer Sellers,Stephan Kirste Pdf

This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.

The Redress of Law

Author : Emilios Christodoulidis
Publisher : Cambridge University Press
Page : 607 pages
File Size : 44,6 Mb
Release : 2021-04-15
Category : Law
ISBN : 9781108487030

Get Book

The Redress of Law by Emilios Christodoulidis Pdf

This book looks at what a critical understanding of constitutional, labour and European Union law entails under conditions of globalisation.

Constitutional Revolution

Author : Gary Jeffrey Jacobsohn,Yaniv Roznai
Publisher : Yale University Press
Page : 382 pages
File Size : 41,8 Mb
Release : 2020-05-01
Category : Political Science
ISBN : 9780300252880

Get Book

Constitutional Revolution by Gary Jeffrey Jacobsohn,Yaniv Roznai Pdf

Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a “constitutional moment” may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The “moment” may have been under way for decades—or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.

Beyond the Republican Revival

Author : Eric Ghosh
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 50,9 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781509925476

Get Book

Beyond the Republican Revival by Eric Ghosh Pdf

This is the first book-length treatment of both the non-positive- and the positive-liberty strands of the republican revival in political and constitutional theory. The republican revival, pursued especially over the last few decades, has presented republicanism as an exciting alternative to the dominant tradition of liberalism. The book provides a sharply different interpretation of liberty from that found in the republican revival, and it argues that this different interpretation is not only historically more faithful to some prominent writers identified with the republican tradition, but is also normatively more attractive. The normative advantages are revealed through discussion of some central concerns relating to democracy and constitutionalism, including the justification for democracy and the interpretation of constitutional rights. The book also looks beyond republican liberty by drawing on the republican device of sortition (selection by lot). It proposes the use of large juries to decide bill-of-rights matters. This novel proposal indicates how democracy might be reconciled with constitutional review based on a bill of rights. Republicanism is not pitted against liberalism: the favoured values and institutions fit with liberal commitments.

On the Concept of Power

Author : Guido Parietti
Publisher : Oxford University Press
Page : 273 pages
File Size : 49,9 Mb
Release : 2022
Category : Philosophy
ISBN : 9780197607480

Get Book

On the Concept of Power by Guido Parietti Pdf

""Power" is a central concept for politics, arguably defining the political domain as such. However, despite decades of debate across political science, sociology, and philosophy, a proper definition of power is still to be had. Existing definitions fail because they are either circular or so far removed from the ordinary meaning of "power" that they cannot credibly claim to be about the same concept. This book, employing an Arendtian approach to conceptual analysis, provides a more proper definition - power denotes the condition of having available possibilities and representing them as such - and examines its implications for the study of politics, both empirical and normative. From the vantage point of a proper definition, the book shows how, by neglecting the category of possibility, significant portions of political science and philosophy become incapable of conceptualizing power, and therefore politics. The main issue with political science is the increasingly exclusive focus on causal and probabilistic regularities; political philosophy, on the other hand, tends to prioritize various forms of a teleologically oriented normativity. Both of these approaches end up discarding possibility in favor of necessity, and are therefore unable to properly conceptualize power. Finally, bringing together the different disciplinary discourses, the book examines the conditions for the concept of power to have an actual referent, which is to say: for politics to appear in our world"--