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Hannah Arendt and the Law: Law and Practical Reason

Editat de Marco Goldoni, Chris McCorkindale
en Limba Engleză Paperback – 20 aug 2013
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.
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Specificații

ISBN-13: 9781849464970
ISBN-10: 1849464979
Pagini: 382
Ilustrații: black & white illustrations
Dimensiuni: 156 x 234 x 18 mm
Greutate: 0.6 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Law and Practical Reason

Locul publicării:London, United Kingdom

Caracteristici

This book fills a gap in the literature on Hannah Arendt's political thought by providing a detailed and coherent treatment of the many, various and interesting things which Arendt had to say about the law.The collection brings together lawyers as well as Arendt scholars 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.The book will be of interest to law scholars and Arendt scholars alike.

Notă biografică

Marco Goldoni is a Research Fellow at the Centre for Law and Cosmopolitan Values of the University of Antwerp.Christopher McCorkindale is a lecturer in law at the Glasgow School for Business and Society at Glasgow Caledonian University.


Cuprins

Foreword Richard J BernsteinIntroduction Marco Goldoni and Chris McCorkindalePART I: BETWEEN NOMOS AND LEX: THE CONCEPT OF LAW IN HANNAH ARENDT'S POLITICAL THOUGHT 1. Law beyond Command? An Evaluation of Arendt's Understanding of Law Keith Breen2. Between Freedom and Law: Hannah Arendt on the Promise of Modern Revolution and the Burden of 'The Tradition' Michael A Wilkinson3. Law and the Space of Appearance in Arendt's Thought Johan van der Walt4. A Lawless Legacy: Hannah Arendt and Giorgio Agamben Vivian LiskaPART II: ON CONSTITUTIONALISM AND INSTITUTIONS 5. Arendt's Constitutional Question Emilios Christodoulidis and Andrew Schaap6. The Role of the Supreme Court in Arendt's Political ConstitutionMarco Goldoni and Chris McCorkindale7. A Constitutional Niche for Civil Disobedience? Reflections on Arendt William Smith8. The Search for a New Beginning: Hannah Arendt and Karl Jaspers as Critics of West German Parliamentarism Kari PalonenPART III: BEYOND THE NATION STATE: HANNAH ARENDT AND INTERNATIONAL LAW A. Public International Law 9. Facing the Abyss: International Law Before the Political Florian Hoffmann10. International Law and Human Plurality in the Shadow of Totalitarianism: Hannah Arendt and Raphael Lemkin Seyla Benhabib11. Power and the Rule of Law in Arendt's Thought Hauke Brunkhorst12. Hannah Arendt and the Languages of Global Governance Jan KlabbersB. International Criminal Law 13. 'How Dangerous it Can Be to Be Innocent': War and the Law in the Thought of Hannah Arendt Patricia Owens14. Hannah Arendt's Judgement of Bureaucracy Leora Bilsky15. Arendt in Jerusalem, Demjanjuk in Munich Lawrence DouglasPART IV: THE RIGHT TO HAVE RIGHTS 16. Between Politics and Law: Hannah Arendt and the Subject of Rights Charles Barbour17. Citizens and Persons: Legal Status and Human Rights in Hannah Arendt James Bohman18. The Right to Have Rights: From Human Rights to Citizens' Rights and Back Samantha Besson


Recenzii

This volume as one of the first to bring together many of her ideas on law in one volume is a timely contribution to Arendtian scholarship and provides material for those interested mainly in Arendt as well as for those mainly interested in law and legal theory… It could be particularly useful to introduce students to the work of Hannah Arendt.
The question of a stable, permanent and free order became the very question at the heart of Arendt' s political thinking and it is (...) thanks to Marco Goldoni's and Christopher McCorkindale's volume that this perspective is brought back into the academic debate.
[This book] comprises many worthwhile contributions and benefits from the diverse academic backgrounds of the authors. One special treat are the comparisons and correlations drawn between Arendt and other scholars, both contemporaries and successors. In summary, the volume not only provides for an entertaining reading but also enables us to learn much more than Arendt's legal thought.
...an important addition both to the growing literature on Arendt and to socio-legal scholarship more generally.

Descriere

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.