Arendtian Constitutionalism : Law, Politics and the Order of Freedom

Abstract

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 Volonte Generale A. Arendt, Rousseau and the French Revolution B. General Will and Alienation C. The Internalisation of the Political 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 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 4. Hannah Arendt's Critique of Popular Sovereignty I. Introduction II. Popular Sovereignty and the Law A. The Political-theoretical Architecture of Arendt's book on Totalitarianism B. Arendt and the Sources of Juridification C. Nation and Law 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 Political A. Arendt and the Normativity of the Political B. From the Power of Judgement to the Procedural Rules of the Political System III. Arendt's Theory of Law A. The Concept of Law: Relationship versus Substance B. What is Legitimate Law? C. Arendt's Demanding Concept of Political Enabling