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Hannah Arendt and the Law Marco Goldoni

Hannah Arendt and the Law By Marco Goldoni

Hannah Arendt and the Law by Marco Goldoni


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Summary

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.

Hannah Arendt and the Law Summary

Hannah Arendt and the Law by Marco Goldoni

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 Reviews

...the more striking and radical achievement of Hannah Arendt and the Law is its success as a representational text that gathers together Arendt's insights about law for close reading and which, in carrying out this task, reverses her question about the role of law in politics. ...the more remarkable and unintended effect of the essays is to welcome Arendt into the fold of legal studies and not the reverse accomplishment that would have been to admit disciplinary differences while accepting that she sometimes relates to law by commenting on it. That is, these texts innovate not simply by extending the secondary literature about Arendt but by using Arendt in order to reorientate and extend legal theory, particularly where such theory looks to understand the political consequences of law. -- Deborah Whitehall * Modern Law Review Volume 76, Number 4 *
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. -- Christian Volk * International Journal of Constitutional Law Volume 11, Number 1 *
[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. -- Dana Schmalz * Verfassung und Recht in UEbersee Volume 1 *
...an important addition both to the growing literature on Arendt and to socio-legal scholarship more generally. -- Alison Christou * Griffith Law Review, Volume 22, Number 1 *
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. -- Karin van Marle * Feminist Legal Studies *

About Marco Goldoni

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.

Table of Contents

Foreword Richard J Bernstein Introduction Marco Goldoni and Chris McCorkindale PART 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 Breen 2. Between Freedom and Law: Hannah Arendt on the Promise of Modern Revolution and the Burden of 'The Tradition' Michael A Wilkinson 3. Law and the Space of Appearance in Arendt's Thought Johan van der Walt 4. A Lawless Legacy: Hannah Arendt and Giorgio Agamben Vivian Liska PART II: ON CONSTITUTIONALISM AND INSTITUTIONS 5. Arendt's Constitutional Question Emilios Christodoulidis and Andrew Schaap 6. The Role of the Supreme Court in Arendt's Political Constitution Marco Goldoni and Chris McCorkindale 7. A Constitutional Niche for Civil Disobedience? Reflections on Arendt William Smith 8. The Search for a New Beginning: Hannah Arendt and Karl Jaspers as Critics of West German Parliamentarism Kari Palonen PART III: BEYOND THE NATION STATE: HANNAH ARENDT AND INTERNATIONAL LAW A. Public International Law 9. Facing the Abyss: International Law Before the Political Florian Hoffmann 10. International Law and Human Plurality in the Shadow of Totalitarianism: Hannah Arendt and Raphael Lemkin Seyla Benhabib 11. Power and the Rule of Law in Arendt's Thought Hauke Brunkhorst 12. Hannah Arendt and the Languages of Global Governance Jan Klabbers B. International Criminal Law 13. 'How Dangerous it Can Be to Be Innocent': War and the Law in the Thought of Hannah Arendt Patricia Owens 14. Hannah Arendt's Judgement of Bureaucracy Leora Bilsky 15. Arendt in Jerusalem, Demjanjuk in Munich Lawrence Douglas PART IV: THE RIGHT TO HAVE RIGHTS 16. Between Politics and Law: Hannah Arendt and the Subject of Rights Charles Barbour 17. Citizens and Persons: Legal Status and Human Rights in Hannah Arendt James Bohman 18. The Right to Have Rights: From Human Rights to Citizens' Rights and Back Samantha Besson

Additional information

GOR012285687
9781849464970
1849464979
Hannah Arendt and the Law by Marco Goldoni
Used - Like New
Paperback
Bloomsbury Publishing PLC
2013-08-20
382
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
The book has been read, but looks new. The book cover has no visible wear, and the dust jacket is included if applicable. No missing or damaged pages, no tears, possible very minimal creasing, no underlining or highlighting of text, and no writing in the margins

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