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Arendtian Constitutionalism

Author: Christian Volk

Publisher: Bloomsbury Publishing

Published: 2015-07-30

Total Pages: 304

ISBN-13: 1509901574

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

Published: 2012-04-20

Total Pages: 382

ISBN-13: 1847319319

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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.

Founding Moments in Constitutionalism

Author: Richard Albert

Publisher: Bloomsbury Publishing

Published: 2019-10-17

Total Pages: 400

ISBN-13: 1509930981

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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

Published: 2008-06-30

Total Pages: 327

ISBN-13: 1139472429

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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.

Democracy, the Courts, and the Liberal State

Author: David Miles

Publisher: Routledge

Published: 2020-10-26

Total Pages: 318

ISBN-13: 0429534949

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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.

Constitutional Revolution

Author: Gary Jeffrey Jacobsohn

Publisher: Yale University Press

Published: 2020-05-01

Total Pages: 382

ISBN-13: 0300252889

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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.

Constitutionalism, Identity, Difference, and Legitimacy

Author: Michel Rosenfeld

Publisher: Duke University Press

Published: 1994

Total Pages: 452

ISBN-13: 9780822315162

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The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR

The Spirit of Democracy

Author: Sofia Näsström

Publisher: Oxford University Press

Published: 2021

Total Pages: 332

ISBN-13: 0192898868

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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.

The Bloomsbury Companion to Arendt

Author: Peter Gratton

Publisher: Bloomsbury Publishing

Published: 2020-10-01

Total Pages: 688

ISBN-13: 1350053287

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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.

Law Without Future

Author: Jack Jackson

Publisher: University of Pennsylvania Press

Published: 2019-06-28

Total Pages: 198

ISBN-13: 0812296389

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As the 2000 decision by the Supreme Court to effectively deliver the presidency to George W. Bush recedes in time, its real meaning comes into focus. If the initial critique of the Court was that it had altered the rules of democracy after the fact, the perspective of distance permits us to see that the rules were, in some sense, not altered at all. Here was a "landmark" decision that, according to its own logic, was applicable only once and that therefore neither relied on past precedent nor lay the foundation for future interpretations. This logic, according to scholar Jack Jackson, not only marks a stark break from the traditional terrain of U.S. constitutional law but exemplifies an era of triumphant radicalism and illiberalism on the American Right. In Law Without Future, Jackson demonstrates how this philosophy has manifested itself across political life in the twenty-first century and locates its origins in overlooked currents of post-WWII political thought. These developments have undermined the very idea of constitutional government, and the resulting crisis, Jackson argues, has led to the decline of traditional conservatism on the Right and to the embrace on the Left of a studiously legal, apolitical understanding of constitutionalism (with ironically reactionary implications). Jackson examines Bush v. Gore, the post-9/11 "torture memos," the 2005 Terri Schiavo controversy, the Republican Senate's norm-obliterating refusal to vote on President Obama's Supreme Court nominee Merrick Garland, and the ascendancy of Donald Trump in developing his claims. Engaging with a wide array of canonical and contemporary political thinkers—including St. Augustine, Alexis de Tocqueville, Karl Marx, Martin Luther King Jr., Hannah Arendt, Wendy Brown, Ronald Dworkin, and Hanna Pitkin—Law Without Future offers a provocative, sobering analysis of how these events have altered U.S. political life in the twenty-first century in profound ways—and seeks to think beyond the impasse they have created.