Arendt and Law

Author: Marco Goldoni; Christopher McCorkindale
Publisher: Routledge
ISBN: 9781472439444
Published In: January 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The essays selected for this volume demonstrate the importance of law - conceptually, normatively and practically - to a proper understanding of Hannah Arendt’s work. Though Arendt herself was not a lawyer, and lacked any legal training, it is remarkable that in each of her guises law plays an often subtle, at times idiosyncratic, but unavoidably vital role. For example, as a journalist, confronting the evil of Adolf Eichmann; or as an essayist, engaged with emerging democracies in the East or their unravelling in the West; or as a political thinker concerned to celebrate and secure the conditions for political action; or as a philosopher, reflecting on man’s capacity for judgement. Although Arendt herself never wrote systematically about law her rich insights in this field have been studied closely by scholars and this collection marks the first attempt to gather that work, and to understand it thematically. In so doing, the editors seek to open a dual dialogue: inviting Arendt scholars to uncover what Arendt had to say about law, and legal scholars to evaluate her contribution to the field of law.

Introduction: Arendt and law, Marco Goldoni and Christopher McCorkindale.

Part I Concepts of Law in Arendt's Political Thought

Give and take: Arendt and the nomos of political community, Hans Lindahl

From nomos to lex: Hannah Arendt on law, politics, and order, Christian Volk

Hannah Arendt and the concept of law. Against the tradition, Massimo La Torre

Possible islands of predictability: the legal thought of Hannah Arendt, Jan Klabbers

On violence, politics, and the law, Peg Birmingham

Part II Constitution Making and the Riddle of Foundation

Arendt's constitutional politics, Jeremy Waldron

Arendt's constitutional thought, Robert P. Burns

Revolutions and reiteration: Hannah Arendt's critique of constituent power, Jason Frank

Revolutions and constitutions: Hannah Arendt's challenge to Carl Schmitt, William E. Scheuerman

The republic of councils, Andreas Kalyvas

Hannah Arendt's case for federalism, Douglas Klusmeyer

Part III The Politics of International Law

Banishing the sovereign: internal and external sovereignty in Arendt, Andrew Arato and Jean Cohen

Reluctant democratic egalitarianism: Hannah Arendt's idea of a revolutionary foundation of the modern nation state and international law, Hauke Brunkhorst

Law and the production of superfluity, Susan Marks

Hannah Arendt as a theorist of international criminal law, David Luban

The Eichmann trial and the legacy of jurisdiction, Leora Bilsky

Towards an agonistic understanding of law: law and politics in Hannah Arendt's Eichmann in Jerusalem, Lida Maxwell

Part IV The Right to Have Rights

'The right to have rights': Hannah Arendt on the contradictions of the nation-state, Seyla Benhabib

Parsing 'a right to have rights', Frank I. Michelman

Rights, citizenship, and the modern form of the social: dilemmas of Arendtian republicanism, Jean L. Cohen

What is a 'right to have rights'? Three images of the politics of human rights, James D. Ingram

Who is the subject of the rights of man, Jacques Ranciere

Enacting the right to have rights: Jacques Ranciere's critique of Hannah Arendt, Andrew Schaap. Index.