Arendtian constitutionalism : law, politics and the order of freedom / Volk Christian.

Online resource; title from PDF title page (EBSCO, viewed July 22, 2015).

Includes bibliographical references and index.

Cover; Half-title; Title; Copyright; Preface; Contents; List of Abbreviations; Introduction; 1. The Paradoxes of the Nation-State; I. Introduction; II. The Paradox of the Right to Self-determination; III. The Paradox of De-assimilation and De-naturalisation; IV. The Paradox of Rightlessness; V. The Paradox of Human Rights; 2. The Concept of the Nation in Hannah Arendt's Thought; I. Introduction; II. Arendt and the Social Question-A Political-theoretical Readjustment; A. Revolution and Discourse; B. Sovereignty and Misery; C. Misery and Consensus.

III. The Concept of the Nation and the Volonté GénéraleA. Arendt, Rousseau and the French Revolution; B. General Will and Alienation; C. The Internalisation of the Political; i. From Compassion to Pity; ii. Pity and the Concept of Nation in the French Revolution; iii. The New Virtue and the Exclusion of the Other; 3. Law and the Modern State-Hannah Arendt on the Trail of Max Weber; I. Introduction; A. In Which Line of Tradition to Think About the State? Neither Hegel nor Elias; B. An Initial Plea for Max Weber; II. On the Origin of the Modern State; A. State and Modern State in Weber.

B. Arendt and the Genealogy of the Modern Statei. Accentuation of the Economic Structure; ii. The Development of the State into a Political Power and Business Concern; iii. The Functional Importance of the Bureaucracy; iv. The French Revolution and the Genesis of the Modern State; III. On the Rationality of Law; A. What is Rational Law? A Look at Weber's Sociology of Law; B. Arendt and Rational Law; i. Bureaucracy as a Form of Rule and the Materiality of Law; ii. Bureaucracy as a Form of Rule and the Irrationality of the Law; 4. Hannah Arendt's Critique of Popular Sovereignty; I. Introduction.

II. Popular Sovereignty and the LawA. The Political-theoretical Architecture of Arendt's book on Totalitarianism; B. Arendt and the Sources of Juridification; C. Nation and Law; i. The Indefiniteness of the Law; ii. Arendt on the Abrogation of the Law During the French Revolution; iii. From the Internalisation of the Political to its Ethnicisation; III. Popular Sovereignty and Politics; A. Politics in Mass Society; B. Mistrust and Authority; C. Mass Movement and Power; 5. The Order of Freedom: On the Dehierarchisation of the Relationship Between Law and Politics; I. Introduction.

II. Arendt's Understanding of the PoliticalA. Arendt and the Normativity of the Political; i. Power and Violence -- A New Accentuation; ii. Forms of Consensus and Modes of Action; iii. The Acknowledgement of the Other: An Attempt at a Political Answer to the 'Normative Lacuna'; B. From the Power of Judgement to the Procedural Rules of the Political System; i. Political Rationality within Institutions; ii. Political Rationality Between Institutions; iii. Political Rationality Between the Political System and the Public Sphere; III. Arendt's Theory of Law.

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.

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