Arendtian Constitutionalism: Law, Politics and the Order of Freedom

by Christian Volk

Overview

Now available in paperback! 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. "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 U. [Subject: Legal Philosophy, Human Rights Law, Constitutional Law, Administrative Law, Political Theory]

Product Details

ISBN-13:	9781509917716
Publisher:	Hart Publishing UK
Publication date:	10/26/2017
Pages:	312
Product dimensions:	6.00(w) x 1.25(h) x 9.00(d)

About the Author

Christian Volk is an Assistant Professor of Political Theory and the History of Ideas at the University of Trier.

Table of Contents

Preface v

List of Abbreviations xvii

Introduction 1

1 The Paradoxes of the Nation-State 14

I Introduction 14

II The Paradox of the Right to Self-determination 19

III The Paradox of De-assimilation and De-naturalisation 26

IV The Paradox of Rightlessness 32

V The Paradox of Human Rights 38

2 The Concept of the Nation in Hannah Arendt's Thought 45

I Introduction 45

II Arendt and the Social Question-A Political-theoretical Readjustment 52

A Revolution and Discourse 52

B Sovereignty and Misery 57

C Misery and Consensus 62

III The Concept of the Nation and the Volonté Générale 67

A Arendt, Rousseau and the French Revolution 67

B General Will and Alienation 70

C The Internalisation of the Political 74

i From Compassion to Pity 74

ii Pity and the Concept of Nation in the French Revolution 79

iii The New Virtue and the Exclusion of the Other 83

3 Law and the Modern State-Hannah Arendt on the Trail of Max Weber 93

I Introduction 93

A In Which Line of Tradition to Think About the State? Neither Hegel nor Elias 95

B An Initial Plea for Max Weber 99

II On the Origin of the Modern State 102

A State and Modern State in Weber 102

B Arendt and the Genealogy of the Modern State 104

i Accentuation of the Economic Structure 104

ii The Development of the State into a Political Power and Business Concern 106

iii The Functional Importance of the Bureaucracy 107

iv The French Revolution and the Genesis of the Modern State 109

III On the Rationality of Law 111

A What is Rational Law? A Look at Weber's Sociology of Law 111

B Arendt and Rational Law 116

i Bureaucracy as a Form of Rule and the Materiality of Law 116

ii Bureaucracy as a Form of Rule and the Irrationality of the Law 118

4 Hannah Arendt's Critique of Popular Sovereignty 125

I Introduction 125

II Popular Sovereignty and the Law 126

A The Political-theoretical Architecture of Arendt's book on Totalitarianism 127

B Arendt and the Sources of Juridification 134

C Nation and Law 138

i The Indefiniteness of the Law 138

ii Arendt on the Abrogation of the Law During the French Revolution 144

iii From the Internalisation of the Political to its Ethnicisation 146

III Popular Sovereignty and Politics 152

A Politics in Mass Society 155

B Mistrust and Authority 159

G Mass Movement and Power 167

5 The Order of Freedom: On the Dehierarchisation of the Relationship Between Law and Politics 173

I Introduction 173

II Arendt's Understanding of the Political 180

A Arendt and the Normativity of the Political 181

i Power and Violence-A New Accentuation 181

ii Forms of Consensus and Modes of Action 184

iii The Acknowledgement of the Other: An Attempt at a Political Answer to the 'Normative Lacuna' 189

B From the Power of Judgement to the Procedural Rules of the Political System 196

i Political Rationality within Institutions 200

ii Political Rationality Between Institutions 207

iii Political Rationality Between the Political System and the Public Sphere 210

III Arendt's Theory of Law 214

A The Concept of Law: Relationship versus Substance 215

B What is Legitimate Law? 221

i Neither Foundation nor Promise 221

ii Enlargement and Preservation: Arendt's Understanding of Political Order 225

C Arendt's Demanding Concept at Political Enabling 237

i On the Dialectic of Subjective and Objective Rights 237

ii On the Internal Reference of Constitution and Democratic Politics 240

iii The Incomplete Dehierarchisation 244

Conclusion 249

Bibliography 255

Index 271