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Vol 21 No 11 Nov/Dec 2016

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Arendt and Law

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Edited by: Christopher McCorkindale, Marco Goldoni, Professor Tom D. Campbell

ISBN13: 9781472439444
To be Published: January 2017
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £205.00



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.

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Subjects:
Jurisprudence
Contents:
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.