Описание: 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 Mollers, 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
Автор: Bonilla Maldonado Название: Constitutionalism of the Global South ISBN: 1107459400 ISBN-13(EAN): 9781107459403 Издательство: Cambridge Academ Рейтинг: Цена: 7445.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights.
Автор: Eoin Daly Название: Rousseau`s Constitutionalism: Austerity and Republican Freedom ISBN: 150990347X ISBN-13(EAN): 9781509903474 Издательство: Bloomsbury Academic Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Despite Rousseau’s legacy to political thought, his contribution as a constitutional theorist is underexplored. Drawing on his constitutional designs for Corsica and Poland, this book argues that Rousseau’s constitutionalism is defined chiefly by its socially directive character. His constitutional projects are not aimed, primarily, at coordinating and containing state power in the familiar liberal-democratic sense. Instead, they are aimed at fostering the social conditions in which a fuller sense of freedom – understood broadly as non-domination – can be realised across all social domains. And in turn, since Rousseau views domination as being deeply embedded in complex social practices, his constitutionalism is aimed at fostering a radical austerity – social, economic and cultural – as its foil. In locating Rousseau’s constitutional projects within his social and political theory of servitude and domination, this book will challenge the predominant focus and orientation of contemporary republican theory. Leading republican thinkers have drawn on the historical republican canon to articulate a model of constitutionalism which is, on the whole, ‘liberal’ in focus and orientation. This book will argue that the more communitarian orientation of Rousseau’s constitutionalism – that is, its socially-directive focus – stems from a sophisticated and compelling account of the sources of unfreedom in complex societies, sources which are ignored or downplayed by the neo-republican literature. Rousseau embraces a communitarian social politics as part of his constitutional project precisely because, pessimistically, he views domination as being deeply embedded in the social relations of the liberal order.
Автор: Chintan Chandrachud Название: Balanced constitutionalism : ISBN: 0199470588 ISBN-13(EAN): 9780199470587 Издательство: Oxford Academ Рейтинг: Цена: 6018.00 р. Наличие на складе: Поставка под заказ.
Описание: This book examines the promise of a new model against its performance in practice by comparing judicial review under the Human Rights Act (HRA) of the UK to an exemplar of the old model of judicial review, the Indian Constitution. It argues that although the HRA fosters a more balanced allocation of powers between legislatures and courts than the Indian Constitution, it does so for a novel reason. Balanced constitutionalism is not achieved through the legislativerejection of judicial decision-making about rights.
Описание: Philosophy of Nonviolence maps out a system articulating nonviolence in the revolution, the rule of constitutional law it yearns for, and the demand for accountability that inspired the revolution in the first place.
Описание: This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief.
Автор: Kjaer, Poul F. (copenhagen Business School, Denmark) Название: Constitutionalism in the global realm ISBN: 1138218863 ISBN-13(EAN): 9781138218864 Издательство: Taylor&Francis Рейтинг: Цена: 8573.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society.
The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner.
In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory.
Автор: Maurice Adams, Anne Meuwese, Ernst Hirsch Ballin Название: Constitutionalism and the Rule of Law: Bridging Idealism and Realism ISBN: 1316606279 ISBN-13(EAN): 9781316606278 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Rule of law and constitutional ideals are understood as necessary to create a just political order. This book explores how political reality and constitutional ideals mutually inform and influence one another.
Автор: Massimo La Torre Название: Constitutionalism and Legal Reasoning ISBN: 904817404X ISBN-13(EAN): 9789048174041 Издательство: Springer Рейтинг: Цена: 23757.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book of legal philosophy contends that positive law is better understood if it is not too easily equated with power, force, or command.
Автор: Dowdle Название: Constitutionalism beyond Liberalism ISBN: 1107112753 ISBN-13(EAN): 9781107112759 Издательство: Cambridge Academ Рейтинг: Цена: 10613.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume presents constitutional theory and constitutional practice outside the liberal tradition and beyond European and American experiences in selected countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to interrogate and expand our understanding of the possibilities of constitutionalism as a human phenomenon.
ООО "Логосфера " Тел:+7(495) 980-12-10 www.logobook.ru
