Hannah Arendt and the Law

Hannah Arendt and the Law
Author: Marco Goldoni
Publisher: Bloomsbury Publishing
Total Pages: 382
Release: 2012-04-20
Genre: Law
ISBN: 1847319319

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.

Hannah Arendt and the Law

Hannah Arendt and the Law
Author: Marco Goldoni
Publisher: Bloomsbury Publishing
Total Pages: 382
Release: 2012-04-20
Genre: Law
ISBN: 1847319327

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.

Arendt and Law

Arendt and Law
Author: Marco Goldoni
Publisher:
Total Pages: 0
Release: 2017
Genre: Constitutional law
ISBN: 9781472439444

The essays selected for this volume demonstrate the importance of law to a proper understanding of Hannah Arendt's work. Although Arendt herself lacked any legal training and 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. The volume enables scholars to uncover what Arendt had to say about law, and legal scholars to evaluate her contribution to the field of law.

The Rights of Others

The Rights of Others
Author: Seyla Benhabib
Publisher: Cambridge University Press
Total Pages: 268
Release: 2004-11-25
Genre: Law
ISBN: 9780521538602

The Rights of Others examines the boundaries of political community by focusing on political membership.

Arendtian Constitutionalism

Arendtian Constitutionalism
Author: Christian Volk
Publisher: Hart Publishing
Total Pages: 0
Release: 2017-10-26
Genre: Law
ISBN: 9781509917716

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. Endorsements '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 University 'One could not imagine something new on Arendt these days. Too much has been written in the last decades. But this volume discloses new land and gives a fresh look at Arendt's theory of the political. A great book, and a must for every reading list'. Hauke Brunkhorst, University of Flensburg 'Hannah Arendt is famous for her unusual conception of politics, but as Christian Volk's rich and seminal study shows, Arendt's political theory goes hand in hand with a distinctive understanding of law. Volk persuasively charts the emergence of Arendt's complementary approaches to law and politics out of her analysis of the crisis of the European nation-state, and tests the power of her thought by bringing it into a fresh dialogue with an unusually wide spectrum of contemporary theorists. An impressive work that deserves the new audience it will find in this welcome translation'. Patchen Markell, University of Chicago 'Christian Volk splendidly discovers Hannah Arendt as a legal theorist. Lawyers interested in her seminal work should just read this book'. Christoph Möllers, Humboldt University Berlin 'As Christian Volk persuasively demonstrates, reading Arendt as a constitutional theorist is more than just adding another dimension to the interpretation of her work. Based on comprehensive textual evidence, he can instead show that this has important conceptual implications which shed a completely new light on the basic aspects of her overall theoretical outlook. Emphasising the procedural grounding of her understanding of democracy, it thus presents a major challenge to many widely held beliefs about Arendt ́s work and an irresistible invitation to reinvestigate the foundations, promises and prospects of radical politics.' Rainer Schmalz-Bruns, Leibniz University of Hanover

Rightlessness in an Age of Rights

Rightlessness in an Age of Rights
Author: Ayten Gündoğdu
Publisher: Oxford University Press, USA
Total Pages: 313
Release: 2015
Genre: Law
ISBN: 0199370427

Rightlessness in an Age of Rights offers a critical inquiry of human rights by rethinking the key concepts and arguments of twentieth-century political theorist Hannah Arendt. At the heart of this critical inquiry are the challenging questions posed by the contemporary struggles of asylum-seekers, refugees, and undocumented immigrants.

The Right to Have Rights

The Right to Have Rights
Author: Stephanie DeGooyer
Publisher: Verso Books
Total Pages: 136
Release: 2018-02-13
Genre: Political Science
ISBN: 1784787523

Sixty years ago, the political theorist Hannah Arendt, an exiled Jew deprived of her German citizenship, observed that before people can enjoy any of the "inalienable" Rights of Man-before there can be any specific rights to education, work, voting, and so on-there must first be such a thing as "the right to have rights". The concept received little attention at the time, but in our age of mass deportations, Muslim bans, refugee crises, and extra-state war, the phrase has become the centre of a crucial and lively debate. Here five leading thinkers from varied disciplines-including history, law, politics, and literary studies-discuss the critical basis of rights and the meaning of radical democratic politics today.

Hannah Arendt

Hannah Arendt
Author: Peter Burdon
Publisher:
Total Pages: 170
Release: 2019-04-17
Genre: Collective memory
ISBN: 9780367232269

Hannah Arendt is one of the great outsiders of twentieth-century political philosophy. After reporting on the trial of Nazi war criminal Adolf Eichmann, Arendt embarked on a series of reflections about how to make judgments and exercise responsibility without recourse to existing law, especially when existing law is judged as immoral. This book uses Hannah Arendt's text Eichmann in Jerusalem to examine major themes in legal theory, including the nature of law, legal authority, the duty of citizens, the nexus between morality and law and political action.

Hannah Arendt

Hannah Arendt
Author: Peter Burdon
Publisher: Routledge
Total Pages: 309
Release: 2017-09-18
Genre: Law
ISBN: 1317273532

Hannah Arendt is one of the great outsiders of twentieth-century political philosophy. After reporting on the trial of Nazi war criminal Adolf Eichmann, Arendt embarked on a series of reflections about how to make judgments and exercise responsibility without recourse to existing law, especially when existing law is judged as immoral. This book uses Hannah Arendt’s text Eichmann in Jerusalem to examine major themes in legal theory, including the nature of law, legal authority, the duty of citizens, the nexus between morality and law and political action.

Arendt, Agamben and the Issue of Hyper-Legality

Arendt, Agamben and the Issue of Hyper-Legality
Author: Kathleen R. Arnold
Publisher: Routledge
Total Pages: 218
Release: 2018-05-25
Genre: Political Science
ISBN: 1351211242

In the Origins of Totalitarianism, Hannah Arendt famously argued that the stateless were so rightless, that it was better to be a criminal who at least had some rights and protections. In this book, Kathleen R. Arnold examines Arendt’s comparison in the context of post-1996 U.S. criminal and immigration policies, arguing that the criminal-stateless binary is significant to contemporary politics and yet flawed. A key distinction made today is that immigrant detention is not imprisonment because it is a civil system. In turn, prisoners are still citizens in some respects but have relatively few rights since the legal underpinnings of "cruel and unusual" have shifted in recent times. The two systems – immigrant detention and the prison system – are also concretely related as they often house both populations and utilize the same techniques (such as administrative segregation). Arnold compellingly argues that prisoners are essentially made into foreigners in these spaces, while immigrants in detention are cast as outlaws. Examining legal theory, political theory and discussing specific cases to illustrate her claims, Arendt, Agamben and the Issue of Hyper-Legality operates on three levels to expose the degree to which prisoners’ rights have been suspended and how immigrant policy and detention cast foreigners as inherently criminal. Less talked about, the government in turn expands sovereign, discretionary power and secrecy at the expense of openness, transparency and democratic community. This book will be of interest to scholars and students of contemporary political theory, philosophy and law, immigration, and incarceration.