Arendtian Constitutionalism

Author: Christian Volk
Publisher: Bloomsbury Publishing
ISBN: 1509901582
Format: PDF, ePub
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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
Publisher: Bloomsbury Publishing
ISBN: 1847319319
Format: PDF, ePub
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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.

The Promise of Politics

Author: Hannah Arendt
Publisher: Schocken
ISBN: 0307542874
Format: PDF
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After the publication of The Origins of Totalitarianism in 1951, Hannah Arendt undertook an investigation of Marxism, a subject that she had deliberately left out of her earlier work. Her inquiry into Marx’s philosophy led her to a critical examination of the entire tradition of Western political thought, from its origins in Plato and Aristotle to its culmination and conclusion in Marx. The Promise of Politics tells how Arendt came to understand the failure of that tradition to account for human action. From the time that Socrates was condemned to death by his fellow citizens, Arendt finds that philosophers have followed Plato in constructing political theories at the expense of political experiences, including the pre-philosophic Greek experience of beginning, the Roman experience of founding, and the Christian experience of forgiving. It is a fascinating, subtle, and original story, which bridges Arendt’s work from The Origins of Totalitarianism to The Human Condition, published in 1958. These writings, which deal with the conflict between philosophy and politics, have never before been gathered and published. The final and longer section of The Promise of Politics, titled “Introduction into Politics,” was written in German and is published here for the first time in English. This remarkable meditation on the modern prejudice against politics asks whether politics has any meaning at all anymore. Although written in the latter half of the 1950s, what Arendt says about the relation of politics to human freedom could hardly have greater relevance for our own time. When politics is considered as a means to an end that lies outside of itself, when force is used to “create” freedom, political principles vanish from the face of the earth. For Arendt, politics has no “end”; instead, it has at times been–and perhaps can be again–the never-ending endeavor of the great plurality of human beings to live together and share the earth in mutually guaranteed freedom. That is the promise of politics. From the Hardcover edition.

The Wandering Thought of Hannah Arendt

Author: Hans-Jörg Sigwart
Publisher: Springer
ISBN: 113748215X
Format: PDF, Docs
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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.

Blurring Boundaries Human Security and Forced Migration

Author: Stefan Salomon
Publisher: BRILL
ISBN: 9004326871
Format: PDF
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In Blurring Boundaries scholars from law and social sciences offer a critical account of the main topics of forced migration and advance a much-needed fresh view on forced migration through the lens of human security.

The Human Condition

Author: Sahar Aurore Saeidnia
Publisher: CRC Press
ISBN: 1351351362
Format: PDF, ePub, Mobi
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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.

Humanity at Sea

Author: Itamar Mann
Publisher: Cambridge University Press
ISBN: 1316785297
Format: PDF, ePub, Docs
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This interdisciplinary study engages law, history, and political theory in a first attempt to crystallize the lessons the global 'refugee crisis' can teach us about the nature of international law. It connects the dots between the actions of Jewish migrants to Palestine after WWII, Vietnamese 'boatpeople', Haitian refugees seeking to reach Florida, Middle Eastern migrants and refugees bound to Australia, and Syrian refugees currently crossing the Mediterranean, and then legal responses by states and international organizations to these movements. Through its account of maritime migration, the book proposes a theory of human rights modelled around an encounter between individuals in which one of the parties is at great risk. It weaves together primary sources, insights from the work of twentieth-century thinkers such as Hannah Arendt and Emmanuel Levinas, and other legal materials to form a rich account of an issue of increasing global concern.

Under Weber s Shadow

Author: Keith Breen
Publisher: Routledge
ISBN: 1317005260
Format: PDF, ePub, Docs
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Under Weber's Shadow presents an extended critical evaluation of the social and political thought of Jürgen Habermas, Hannah Arendt and Alasdair MacIntyre. Although hailing from very different philosophical traditions, these theorists all take as their starting-point Max Weber's seminal diagnosis of late modernity, the view that the world-historic processes of rationalization and disenchantment are paradoxical in promising freedom yet threatening servitude under the 'iron cage' of instrumental reason. However, each rejects his pessimistic understanding of the grounds and possibilities of political life, accusing him of complicity in the very realities he sought to resist. Seeking to move beyond Weber's monological view of the self, his subjectivism and his identification of the political with domination, they offer alternative, intersubjective conceptions of the subject, ethics and politics that allow for positive future possibilities. But this incontrovertible gain, it is argued, comes at the cost of depoliticizing key arenas of human endeavour and of neglecting the reality of struggle and contestation. Engaging with important current debates and literature, Keith Breen provides a rigorous analysis of the work of Habermas, Arendt, MacIntyre and Weber and a highly accessible and original intervention within contemporary social and political thought. Under Weber's Shadow will therefore be of interest to students and researchers alike within the areas of social and political theory, as well as those within the disciplines of ethics, sociology and philosophy.

Europe s Functional Constitution

Author: Turkuler Isiksel
Publisher: Oxford University Press
ISBN: 0191076872
Format: PDF, Docs
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Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of 'functional constitutionalism' to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.

Universal Rights and the Constitution

Author: Stephen A. Simon
Publisher: SUNY Press
ISBN: 1438451857
Format: PDF, ePub, Docs
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Innovative examination of the tensions between universal and more uniquely American definitions of cherished rights. Are constitutional rights based exclusively in uniquely American considerations, or are they based at least in part on principles that transcend the boundaries of any particular country, such as the requirements of freedom or dignity? By viewing constitutional law through the prism of this fundamental question, Universal Rights and the Constitution exposes an overlooked difficulty with opinions rendered by the Supreme Court, namely, an inherent ambiguity about the kinds of arguments that count in constitutional interpretation, which weakens the foundations of our most cherished rights. Rejecting current debates over constitutional interpretation as flawed, Stephen A. Simon offers an innovative framework designed to provide clearer foundations for rights interpretations while preserving a meaningful but limited role for universal arguments. He reveals the vital connections among contemporary debates over such matters as the right to privacy, the constitutionality of the death penalty, and the role of foreign law in constitutional interpretation.