Constitutional Theory Schmitt After Derrida
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Constitutional Theory Schmitt After Derrida
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Author : Jacques de Ville
language : en
Publisher: Taylor & Francis
Release Date : 2017-04-21
Constitutional Theory Schmitt After Derrida written by Jacques de Ville and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-21 with Law categories.
This book advances a new reading of the central works of Carl Schmitt and, in so doing, rethinks the primary concepts of constitutional theory. In this book, Jacques de Ville engages in a close analysis of a number of Schmitt’s texts, including Dictatorship (1921), The Concept of the Political (1927), Constitutional Theory (1928), Land and Sea (1942), Ex Captivitate Salus (1950), The Nomos of the Earth (1950) and The Theory of the Partisan (1963). This engagement takes place from the perspective of constitutional theory and focuses specifically on concepts or themes such as sovereignty, the state, the political, constituent power, democracy, representation, the constitution and human rights. The book seeks to rethink the structure of these concepts in line with Derrida’s analysis of Schmitt’s texts on the concept of the political in Politics of Friendship (1993). This happens by way of an analysis of Derrida’s engagement with Freud and other psychoanalysts. Although the main focus in the book is on Schmitt’s texts, it further examines two texts of Derrida (Khōra (1993) and Fors: The Anglish Words of Nicholas Abraham and Maria Torok (1976)), by reading these alongside Schmitt’s own reflections on the positive concept of the constitution.
Deconstructive Constitutionalism
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Author : Jacques de Ville
language : en
Publisher: State University of New York Press
Release Date : 2023-01-01
Deconstructive Constitutionalism written by Jacques de Ville and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-01 with Philosophy categories.
Deconstructive Constitutionalism explores the relationship between the thinking of Immanuel Kant and Jacques Derrida concerning modern constitutionalism. Kant is widely recognized as one of the philosophical forebears of modern constitutionalism; that is, the notion that state powers should be defined and limited through a constitution. Kant laid the foundation of constitutionalism through his exposition of freedom, practical reason, and moral law. However, constitutionalism is under severe strain due to the challenges posed by inter alia climate change, global health, global conflict, authoritarianism, authoritarian populism, religious fundamentalism, migration, and inequality. Deconstructive Constitutionalism investigates, by way of Derrida's engagements with Kant, how the foundations of constitutionalism can be conceived differently to address some of these twenty-first-century challenges. The book examines the possible implications of such a re-reading of Kant for democracy, the human-animal relation, criminal law and punishment, as well as for a global constitutional order.
Vienna Lectures On Legal Philosophy Volume 3
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Author : Christoph Bezemek
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-10-05
Vienna Lectures On Legal Philosophy Volume 3 written by Christoph Bezemek and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-05 with Law categories.
The third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it. This book considers legal reasoning from two different angles: it revolves, on the one hand, around debates concerning interpretation and balancing, but it also asks, on the other, whom we ought to entrust with decision-making based on legal reasoning and how this relates to the very concept of law. The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.
European Populism And Human Rights
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Author : Jure Vidmar
language : en
Publisher: BRILL
Release Date : 2020-02-03
European Populism And Human Rights written by Jure Vidmar and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-03 with Law categories.
This volume focuses on the recent challenge posed by right-wing populism to democratic consolidation in Europe and particularly explores the legal dimensions of this challenge. Part One attempts to define political populism and explains why it poses a challenge to democratic political order in Europe. Part Two examines the theoretical underpinnings of the populist challenge to human rights and democracy in Europe. Part Three applies this theory to concrete examples and considers case studies including an old EU Member State, two newer EU Member States and a non-EU Member State party to the ECHR. The aim is to examin the consequences of the present populist challenge in Europe that has been marked with excessively nationalist policies in some states party to the ECHR. It is explored how the Convention rights have been undermined, but also what the limitations are of the ECHR acting as a safety-net for democratic consolidation in Europe.
The Opinion System
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Author : Kirk Wetters
language : en
Publisher: Fordham Univ Press
Release Date : 2008
The Opinion System written by Kirk Wetters and has been published by Fordham Univ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Literary Criticism categories.
"This book revises the concept of the public sphere by examining opinion as a foundational concept of modernity. Indispensable to ideas like "public opinion" and "freedom of opinion," opinion - though often held in dubious repute - here assumes a central position in modern philosophy, literature, sociology, and political theory. Kirk Wetters focuses on interpretive shifts begun in the Enlightenment and cemented by the French Revolution to restore the concept of "opinion" to a central role in our understanding of the political public sphere." "Addressing an intriguing range of thinkers, some little known to an American readership, Wetters argues that the transformations wrought by opinion are resisted by literary language, which opposes the rigid formalism that compels individuals to identify with their opinions. Rather than forcing thought to bind itself to stable opinions, modern literary forms seek to suspend this moment of closure, so that held opinions do not bring all deliberative processes to a standstill."--BOOK JACKET.
Carl Schmitt S State And Constitutional Theory
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Author : Benjamin A. Schupmann
language : en
Publisher: Oxford University Press
Release Date : 2017-11-17
Carl Schmitt S State And Constitutional Theory written by Benjamin A. Schupmann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-17 with Law categories.
Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.
The End Of Law
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Author : William E. Scheuerman
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2019-10-18
The End Of Law written by William E. Scheuerman and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-18 with Philosophy categories.
Scholarly and political interest in the work of the controversial twentieth century German thinker Carl Schmitt has exploded in the 20 years since William E. Scheuerman’s important book was first published. However, Scheuerman’s work remains distinctive. Firstly, it focuses directly on Schmitt’s complex ideas about law, situating his views within broader debates about the rule of law and its fate. The volume shows how every facet of his political thinking was decisively shaped by his legal reflections. Secondly, the volume takes Schmitt’s Nazi-era political and legal writings no less seriously. Finally, the volume offers a series of studies on figures in postwar US political thought (Friedrich Hayek and Joseph Schumpeter), demonstrating how Schmitt shaped their own influential theories. This timely second edition underscores how and why the recent growth of interest in Schmitt has been prompted by political developments, for example, debates about counterterrorism and emergency government, and the rise of authoritarian populism.
The Foundations And Traditions Of Constitutional Amendment
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Author : Richard Albert
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-07-13
The Foundations And Traditions Of Constitutional Amendment written by Richard Albert and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-13 with Law categories.
There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written. This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.
Play Among Books
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Author : Miro Roman
language : en
Publisher: Birkhäuser
Release Date : 2021-12-06
Play Among Books written by Miro Roman and has been published by Birkhäuser this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-06 with Architecture categories.
How does coding change the way we think about architecture? This question opens up an important research perspective. In this book, Miro Roman and his AI Alice_ch3n81 develop a playful scenario in which they propose coding as the new literacy of information. They convey knowledge in the form of a project model that links the fields of architecture and information through two interwoven narrative strands in an “infinite flow” of real books. Focusing on the intersection of information technology and architectural formulation, the authors create an evolving intellectual reflection on digital architecture and computer science.
Machine And Sovereignty
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Author : Yuk Hui
language : en
Publisher: U of Minnesota Press
Release Date : 2024-10-29
Machine And Sovereignty written by Yuk Hui and has been published by U of Minnesota Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-29 with Philosophy categories.
Developing a new political thought to address today’s planetary crises What is “planetary thinking” today? Arguing that a new approach is urgently needed, Yuk Hui develops a future-oriented mode of political thought that encompasses the unprecedented global challenges we are confronting: the rise of artificial intelligence, the ecological crisis, and intensifying geopolitical conflicts. Machine and Sovereignty starts with three premises. The first affirms the necessity of developing a new language of coexistence that surpasses the limits of nation-states and their variations; the second recognizes that political forms, including the polis, empire, and the state, are technological phenomena, which Lewis Mumford terms “megamachines.” The third suggests that a particular political form is legitimated and rationalized by a corresponding political epistemology. The planetary thinking that this book sketches departs from the opposition between mechanism and organism, which characterized modern thought, to understand the epistemological foundations of Hegel’s political state and Schmitt’s Großraum and their particular ways of conceiving the question of sovereignty. Through this reconstruction, Hui exposes the limits of the state and reflects on a new theoretical matrix based on the interrelated concepts of biodiversity, noodiversity, and technodiversity. Arguing that we are facing the limit of modernity, of the eschatological view of history, of globalization, and of the human, Hui conceives necessary new epistemological and technological frameworks for understanding and rising to the crises of our present and our future. Retail e-book files for this title are screen-reader friendly.