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Arendtian Constitutionalism: Law, Politics and the Order of Freedom

Arendtian Constitutionalism: Law, Politics and the Order of Freedom

Author: Christian Volk
Publisher: Hart Publishing
ISBN: 9781849465847

Published In: July 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509917716

List Price: HKD 1,235.00

HKD 1,197.95 Save HKD 37.05 (3%)

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Description
Contents

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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 – and considers suitable forms for the institutionalisation of conflict-ridden political action. By adopting this approach, the author suggests an alternative interpretation of Arendt’s thought, which sees Arendt as neither the advocate of ancient political forms, such as Aristotelian communitarianism, nor as a subscriber to the discourse-theoretical or agonal reading of her thought.

In the author’s view, Arendt is a thinker of political order who is concerned with the importance of a stable and free political order in which political struggle and dissent can freely occur.

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