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Arendtian constitutionalism : Law, politics and the order of freedom

By: Contributor(s):
Publication details: Oxford Hart Publishing 2015Description: 284p xviiISBN:
  • 9781849465847
Subject(s): DDC classification:
  • 342.540200 VOL
Contents:
Table of contents 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 Volonte Generale; 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
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Table of contents
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 Volonte Generale;
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