基本説明
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.
Full Description
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.
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
