Arendtian Constitutionalism

Law, Politics and the Order of Freedom

By Christian Volk

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 it shows that her engagement with law is continuous, as well as crucial, to an adequate understanding of her political thought. The book 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 - and considers suitable forms for the institutionalization of conflict-ridden political action. By adopting this approach, the book suggests an alternative interpretation of Arendt's thought, which sees Arendt as neither the advocate of ancient political forms, such as Aristotelian communitarianism, nor as a subscriber to the discourse-theoretical or agonal reading of her thought. In the book's view, Hannah Arendt is a thinker of political order - concerned with the importance of a stable and free political order - in which political struggle and dissent can freely occur. It will be of interest to legal philosophers and those interested in human rights. [Subject: Legal Philosophy, Human Rights Law, Constitutional Law, Administrative Law, Political Theory]


Publication Date: 10/8/2015
Format: Cloth
ISBN: 9781849465847