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This Element aims to explore how the relation between societal organisation and legal orders - the question of materiality - has been investigated in philosophy of law. The starting point of the Element is that such relation has often been left invisible or thematised in poor and reductive terms. After having explained the main reasons behind this neglect, the Element provides an overview of the three main approaches to legal philosophy whose contributions, though not always effective, can still provide some insights for a contemporary analysis of legal orders' materiality: materialism, legal institutionalism, and the new materialism. The last section of the Element suggests looking for a footing for the study of materiality in two fields: the metaphysics of relations and the political economy of legal orders.
Law --- Material facts (Law) --- Philosophy. --- Law and fact --- Materiality (Law) --- Jurisprudence
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The reception of Emmanuel Joseph Sieyès's work went through several and alternating phases. Over the last few years, however, there has been a notable resurgence of interest in the abbot's thought. The volume intends to fit in the wake of this Sieyès-renaissance by proposing a reconstruction of the abbot's constitutional doctrine in the light of the latest interpretative acquisitions. The red thread that guides the analysis is the recognition that at the basis of Sieyès' main political-constitutional proposals there is a profoundly rationalist philosophical approach. In the volume, after having presented the core of this philosophical approach, the coherence that binds together the main constitutional institutions on which the abbot worked during the first years of the Revolution is highlighted. The book focuses, in particular, on the concepts that have contributed to forming the basic grammar of modern and liberal constitutionalism: representation, citizenship, constituent power, human rights, division of powers and control of constitutionality. By following this path, we intend to return an overall picture of the abbot's constitutional doctrine that respects its systematicity and originality.
Regions & Countries - Europe --- History & Archaeology --- France
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The reception of Emmanuel Joseph Sieyès's work went through several and alternating phases. Over the last few years, however, there has been a notable resurgence of interest in the abbot's thought. The volume intends to fit in the wake of this Sieyès-renaissance by proposing a reconstruction of the abbot's constitutional doctrine in the light of the latest interpretative acquisitions. The red thread that guides the analysis is the recognition that at the basis of Sieyès' main political-constitutional proposals there is a profoundly rationalist philosophical approach. In the volume, after having presented the core of this philosophical approach, the coherence that binds together the main constitutional institutions on which the abbot worked during the first years of the Revolution is highlighted. The book focuses, in particular, on the concepts that have contributed to forming the basic grammar of modern and liberal constitutionalism: representation, citizenship, constituent power, human rights, division of powers and control of constitutionality. By following this path, we intend to return an overall picture of the abbot's constitutional doctrine that respects its systematicity and originality.
Regions & Countries - Europe --- History & Archaeology --- France
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The reception of Emmanuel Joseph Sieyès's work went through several and alternating phases. Over the last few years, however, there has been a notable resurgence of interest in the abbot's thought. The volume intends to fit in the wake of this Sieyès-renaissance by proposing a reconstruction of the abbot's constitutional doctrine in the light of the latest interpretative acquisitions. The red thread that guides the analysis is the recognition that at the basis of Sieyès' main political-constitutional proposals there is a profoundly rationalist philosophical approach. In the volume, after having presented the core of this philosophical approach, the coherence that binds together the main constitutional institutions on which the abbot worked during the first years of the Revolution is highlighted. The book focuses, in particular, on the concepts that have contributed to forming the basic grammar of modern and liberal constitutionalism: representation, citizenship, constituent power, human rights, division of powers and control of constitutionality. By following this path, we intend to return an overall picture of the abbot's constitutional doctrine that respects its systematicity and originality.
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"This book fills a major gap in the ever-increasing secondary literature on Hannah Arendt's political thought by providing a dedicated and coherent treatment of the many, various and interesting things which Arendt had to say about law. Often obscured by more pressing or more controversial aspects of her work, Arendt nonetheless had interesting insights into Greek and Roman concepts of law, human rights, constitutional design, legislation, sovereignty, international tribunals, judicial review and much more. This book retrieves these aspects of her legal philosophy for the attention of both Arendt scholars and lawyers alike. The book brings together lawyers as well as Arendt scholars drawn from a range of disciplines (philosophy, political science, international relations), who have engaged in an internal debate the dynamism of which is captured in print. Following the editors' introduction, the book is split into four Parts: Part I explores the concept of law in Arendt's thought; Part II explores legal aspects of Arendt's constitutional thought: first locating Arendt in the wider tradition of republican constitutionalism, before turning attention to the role of courts and the role of parliament in her constitutional design. In Part III Arendt's thought on international law is explored from a variety of perspectives, covering international institutions and international criminal law, as well as the theoretical foundations of international law. Part IV debates the foundations, content and meaning of Arendt's famous and influential claim that the 'right to have rights' is the one true human right."--Bloomsbury Publishing.
Arendt, Hannah, --- Blücher, Hannah Arendt, --- Bluecher, Hannah Arendt, --- Ārento, Hanna, --- Arendt, H. --- Arendt, Khanna, --- ארנדט, חנה --- アーレント, ハンナ, --- Constitutional law --- International law --- Law --- Jurisprudence --- Natural law --- Philosophy --- Arendt, Hannah --- E-books --- Philosophy. --- Law - Philosophy --- International law - Philosophy --- Constitutional law - Philosophy --- Arendt, Hannah, - 1906-1975
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"How should the state face the challenge of radical pluralism? How can constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Romano thought pluralism to be an inherent feature of legality and envisaged a far-reaching reform of the state for it to be a platform of negotiation between autonomous normative regimes. Schmitt believed pluralism to be a dangerous deviation that should be curbed through the juridical exclusion of alternative institutional formations. Mortati held an idea of the constitution as the outcome of a basic agreement among hegemonic forces that should shape a shared form of life"--Publisher's website.
State, The --- Constitutional law --- Philosophy. --- Romano, Santi, --- Schmitt, Carl, --- Mortati, Costantino.
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