UID:
edocfu_9959202155102883
Format:
1 online resource (304 p.)
ISBN:
1-4742-0241-1
,
1-5099-0157-4
Content:
"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.
Note:
Description based upon print version of record.
,
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 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 -- 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 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 -- I. Introduction -- 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 -- I. Introduction -- 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
,
Also issued in print.
,
English
Additional Edition:
ISBN 1-5099-1771-3
Additional Edition:
ISBN 1-84946-584-3
Language:
English
DOI:
10.5040/9781474202411
