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Constitutional Theory: Schmitt After Derrida

Constitutional Theory: Schmitt After Derrida PDF Author: Jacques de Ville
Publisher: Taylor & Francis
ISBN: 1351866400
Category : Law
Languages : en
Pages : 231

Book Description
Cover -- Title -- Copyright -- Dedication -- Contents -- Acknowledgements -- Note on translations and references -- List of abbreviations -- 1 Introduction -- Schmitt and Derrida -- Constitutional theory -- Reading Schmitt -- Sequence and overview of chapters -- 2 The concept of the political -- A. Polémios -- Introduction -- Plato -- Schmitt -- Freud -- Heidegger -- The structure of the political -- B. Partisan -- Introduction -- Criteria -- The question of technology -- Philosophy and the Acheron -- The brother as double -- Woman as the absolute partisan -- Today's terror and the structure of the political -- C. Self -- Introduction -- Defining man: nakedness -- Stirner and his ego -- Modern technology -- Being-placed-in-question -- Self-deception -- Descartes and the self as enemy -- Hegel and the enemy -- Echo -- The concept of the political -- 3 Constituent power -- Introduction -- Political unity -- Political theology -- Fear and the Leviathan -- Demos without sovereignty -- Conclusion -- 4 Identity and representation -- Introduction -- The formation of identity -- Representation reconceived -- Conclusion -- 5 The concept of the constitution -- A. Khōra -- Introduction -- Derrida's reading of the Timaeus -- Khōra and the political -- Constitutions as giving place -- B. Crypt -- Introduction -- The Wolf Man -- The Wolf Man's crypt -- Constitution, memory and trauma -- 6 Human rights -- Introduction -- Freedom -- Equality -- Living together -- 7 State, Gro[beta]raum, nomos -- Introduction -- Nomos -- Man, space, nomos -- Conclusion -- 8 Conclusion -- Schmitt 'before' Derrida -- Derrida reading Schmitt -- Schmitt 'after' Derrida -- Bibliography -- Index

Constitutional Theory: Schmitt After Derrida

Constitutional Theory: Schmitt After Derrida PDF Author: Jacques de Ville
Publisher: Taylor & Francis
ISBN: 1351866400
Category : Law
Languages : en
Pages : 231

Book Description
Cover -- Title -- Copyright -- Dedication -- Contents -- Acknowledgements -- Note on translations and references -- List of abbreviations -- 1 Introduction -- Schmitt and Derrida -- Constitutional theory -- Reading Schmitt -- Sequence and overview of chapters -- 2 The concept of the political -- A. Polémios -- Introduction -- Plato -- Schmitt -- Freud -- Heidegger -- The structure of the political -- B. Partisan -- Introduction -- Criteria -- The question of technology -- Philosophy and the Acheron -- The brother as double -- Woman as the absolute partisan -- Today's terror and the structure of the political -- C. Self -- Introduction -- Defining man: nakedness -- Stirner and his ego -- Modern technology -- Being-placed-in-question -- Self-deception -- Descartes and the self as enemy -- Hegel and the enemy -- Echo -- The concept of the political -- 3 Constituent power -- Introduction -- Political unity -- Political theology -- Fear and the Leviathan -- Demos without sovereignty -- Conclusion -- 4 Identity and representation -- Introduction -- The formation of identity -- Representation reconceived -- Conclusion -- 5 The concept of the constitution -- A. Khōra -- Introduction -- Derrida's reading of the Timaeus -- Khōra and the political -- Constitutions as giving place -- B. Crypt -- Introduction -- The Wolf Man -- The Wolf Man's crypt -- Constitution, memory and trauma -- 6 Human rights -- Introduction -- Freedom -- Equality -- Living together -- 7 State, Gro[beta]raum, nomos -- Introduction -- Nomos -- Man, space, nomos -- Conclusion -- 8 Conclusion -- Schmitt 'before' Derrida -- Derrida reading Schmitt -- Schmitt 'after' Derrida -- Bibliography -- Index

Constitutional Theory: Schmitt after Derrida

Constitutional Theory: Schmitt after Derrida PDF Author: Jacques de Ville
Publisher: Taylor & Francis
ISBN: 1351866397
Category : Law
Languages : en
Pages : 214

Book Description
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.

Groundless Existence

Groundless Existence PDF Author: Michael Marder
Publisher: Bloomsbury Publishing USA
ISBN: 0826434088
Category : Political Science
Languages : en
Pages : 203

Book Description
Groundless Existence discusses the implicit phenomenological and existential foundations of Schmitt's political philosophy. The book's unique contribution lies in its claim that Schmitt decisively breaks with the metaphysical tradition and predicates the political on the 'groundless' categories of existence, including risk, decision, and agonism. This argument is substantiated by both tacit and explicit existentialist and phenomenological underpinnings of Schmitt's work, discussed here for the first time in book form.The book provides an insight into the implications of Schmitt's thought reconceptualized in the light of contemporary political developments. An essential text for anyone interested in the political theory of Carl Schmitt, it offers a new reading of Schmitt's work against the double background of phenomenology and existentialism.

Popular Sovereignty and the Crisis of German Constitutional Law

Popular Sovereignty and the Crisis of German Constitutional Law PDF Author: Peter C. Caldwell
Publisher: Duke University Press
ISBN: 9780822319887
Category : History
Languages : en
Pages : 324

Book Description
A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).

Deconstructive Constitutionalism

Deconstructive Constitutionalism PDF Author: Jacques de Ville
Publisher: State University of New York Press
ISBN: 1438491735
Category : Philosophy
Languages : en
Pages : 266

Book Description
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

Vienna Lectures on Legal Philosophy, Volume 3 PDF Author: Christoph Bezemek
Publisher: Bloomsbury Publishing
ISBN: 1509969853
Category : Philosophy
Languages : en
Pages : 300

Book Description
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.

Democracy and the Politics of the Extraordinary

Democracy and the Politics of the Extraordinary PDF Author: Andreas Kalyvas
Publisher: Cambridge University Press
ISBN: 1139472429
Category : Political Science
Languages : en
Pages : 327

Book Description
Although the modern age is often described as the age of democratic revolutions, the subject of popular founding has not captured the imagination of contemporary political thought. Most of the time, democratic theory and political science treat as the object of their inquiry normal politics, institutionalized power, and consolidated democracies. This study shows why it is important for democratic theory to rethink the question of democracy's beginnings. Is there a founding unique to democracies? Can a democracy be democratically established? What are the implications of expanding democratic politics in light of the question of whether and how to address democracy's beginnings? Kalyvas addresses these questions and scrutinizes the possibility of democratic beginnings in terms of the category of the extraordinary, as he reconstructs it from the writings of Max Weber, Carl Schmitt, and Hannah Arendt and their views on the creation of new political, symbolic, and constitutional orders.

Post Sovereign Constitution Making

Post Sovereign Constitution Making PDF Author: Andrew Arato
Publisher: Oxford University Press
ISBN: 0198755988
Category : Law
Languages : en
Pages : 321

Book Description
Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.

The Oxford Handbook of Carl Schmitt

The Oxford Handbook of Carl Schmitt PDF Author: Jens Meierhenrich
Publisher: Oxford University Press
ISBN: 0199916934
Category : Law
Languages : en
Pages : 873

Book Description
The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Uniquely located at the intersection of law, the social sciences, and the humanities, it brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography.

Founding Acts

Founding Acts PDF Author: Serdar Tekin
Publisher: University of Pennsylvania Press
ISBN: 0812248287
Category : Law
Languages : en
Pages : 208

Book Description
Founding Acts argues that how constitutions are made (or their pedigree) is morally and politically as significant as what they are made of (or their content). On this view, democratic constitution-making is not only about making a democratic constitution, but also about making it democratically.