FromNomostoLex: Hannah Arendt on Law, Politics, and Order

Abstract

Abstract‘What is politics?’ is an omnipresent question in Hannah Arendt's work and one which is broadly explored in countless publications. ‘What is law?’, in contrast, is a question which has not been of much interest to Arendt scholarship to date. There is a good reason for this: Arendt's engagement with law seems not to be systematic but, rather, episodic and sporadic. However, on the basis of three different discourses – historical, political-theoretical, and legal-philosophical – I shall point out that Arendt's dealing with legal questions takes place on a continuous basis and should be regarded as crucial for a proper understanding of her thoughts. I shall argue that with her shift from the Greek conception of law asnomosto the Romanlex, Arendt seeks to de-substantiate the concept of law and to highlight the relationship-establishing dimension of law. Both attempts are important for overcoming the dichotomy of law and politics within constitutionalism and for paving the way to a different understanding of legal rationality which seeks not to isolate law from the political sphere but rather to interact with it.