From Nomos to Lex: Hannah Arendt on Law, Politics, and Order

2010 ◽  
Vol 23 (4) ◽  
pp. 759-779 ◽  
Author(s):  
CHRISTIAN VOLK
Keyword(s):  
Good Reason ◽  
The Political ◽  
Proper Understanding ◽  
Political Sphere ◽  
Law And Politics ◽  
Continuous Basis ◽  
Legal Questions ◽  
The Concept Of Law ◽  
The Relationship ◽  
Legal Rationality

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 as nomos to the Roman lex, 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.

The ‘political’ and the ‘legal’: comments on Professor Tushnet’s paper

2007 ◽  
Vol 3 (4) ◽  
pp. 319-322 ◽  
Author(s):  
Philippe Sands
Keyword(s):  
General Theory ◽  
Central Issue ◽  
The Political ◽  
Law And Politics ◽  
Emergency Powers ◽  
The Relationship ◽  
The Way

This comment responds to a central issue posed by Professor Tushnet as to the way in which democracies control the exercise of emergency powers. Sands believes that ‘law’ and ‘politics’ are not mutually exclusive, and that the relationship between them suggests that a general theory on the interplay of political and legal factors in controlling the exercise of emergency powers remains elusive.

From Concerned Shopper to Dutiful Citizen

2012 ◽  
Vol 644 (1) ◽  
pp. 207-219 ◽  
Author(s):  
Melissa R. Gotlieb ◽  
Chris Wells
Keyword(s):  
Political Participation ◽  
Survey Data ◽  
Political Engagement ◽  
The Political ◽  
Crowding Out ◽  
Political Consumerism ◽  
Political Sphere ◽  
The Relationship

Young citizens are increasingly seeking fulfillment in expressive modes of political participation, and scholars have begun to examine the implications of this trend for engagement in formal politics. While some argue that expressive practices are “crowding out” participation in more conventional civic activities, others more optimistically contend that they have expanded the political repertoires of young citizens, affording them with more opportunities to be engaged. The authors add clarity to this debate by specifying the conditions under which engagement in one particular form of expressive politics, political consumerism, is associated with conventional participation. An analysis of survey data shows that identification with other political consumers significantly enhances the relationship between political consumerism and traditional political engagement, particularly among younger generations of Americans. The authors argue that engaging in political consumerism alongside others provides an important opportunity for young citizens to develop the civic competencies necessary for engagement in the formal political sphere.

scholarly journals Unintended Securitization

2019 ◽  
Vol 5 (1) ◽  
pp. 55-71
Author(s):  
Hedva Eyal ◽  
Limor Samimian-Darash
Keyword(s):  
Civil War ◽  
The Political ◽  
Medical Aid ◽  
Political Sphere ◽  
Medical Establishment ◽  
Syrian Civil War ◽  
Political Security ◽  
The Military ◽  
The Relationship

In this article, we examine statements by state officials and individuals from the military and the medical establishment regarding the provision of medical aid by Israel to casualties from the Syrian Civil War. We argue discussions of this project have been characterized by three different discourses, each dominant at different times, which we classify as military, medical, and political-security. We propose “unintended securitization” to describe how the project moved from the military into the medical-civilian and then into the political sphere, and came to be seen as advancing the security interests of the Israeli state. We argue the relationship between humanitarianism and securitization seen here challenges the view that humanitarian apparatuses are often subordinated to military rationales by showing how securitization here emerged from the demilitarization of what was initially a military project.

Taming Tehran: Evangelical Christians and the Iranian Threat to Israel

2010 ◽  
Vol 39 (3) ◽  
pp. 363-377 ◽  
Author(s):  
Faydra L. Shapiro
Keyword(s):  
Religion And Politics ◽  
The Political ◽  
Iranian Revolution ◽  
Nuclear Program ◽  
Evangelical Christians ◽  
Political Sphere ◽  
Evangelical Christian ◽  
The Relationship

Hostile relations between Israel and Iran since the Iranian Revolution have only intensified since the 2005 election of Mahmoud Ahmadinejad. His strong statements imagining a ‘‘world without Zionism’’ and threats to destroy Israel, combined with an active nuclear program, have many observers concerned about the Iranian threat to Israel. We can include American evangelical Christians among this group. But given the intensity of their eschatological emphasis, we might wonder why evangelical Christians have raised such a passionate voice concerning the Iranian threat to Israel, in what kinds of ways, and what it can tell us about contemporary evangelicalism and the relationship between religion and politics. This paper examines two cases of prominent, premillennialist, evangelical Christian Zionists and their different approaches to the Iranian threat to Israel, in order to understand not only why believers in a doomed world might engage in the political sphere, but also what kinds of rhetoric they use to make sense of that engagement.

scholarly journals COPY PASTE VIDEO TEATER SAE DALAM KERJA POLITICAL DRAMATURGY DAN REENACTMENT DALAM KERJA SUTRADARA

2020 ◽  
Vol 2 (2) ◽  
pp. 115
Author(s):  
Hoirul Hafifi
Keyword(s):  
Work Performance ◽  
Research Work ◽  
The Political ◽  
System Operation ◽  
Political Sphere ◽  
The Relationship

Artikel ini membahas copy paste video Teater Sae yang dilakukan Artery Performa pada senin, 8 Juli 2019 di Graha Bakti Budaya, Taman Ismail Marzuki dalam Djakarta Teater Platform merupakan cara kerja dramaturgi baru, yang mendudukkan kerja operasi sistem gagasan ke atas panggung merupakan kerja riset terhadap hubungan gambar dan estetika yang sudah menjadi arsip dalam tataran sinematografinya, maunpun reenactment dalam kerja penyutradaraan. Bukan kerja bentuk yang sama persis dengan video; tetapi lebih kepada usaha pencapaian dalam memberikan spektrum kerja performativitas yang berlapis-lapis antara arsip dan medium, antara estetika dan teknologi, juga perbedaan kodifikasi makna berdasarkan konteks arsip. Selain itu, konteksnya bagaimana memperlakukan video dokumenter yang di-copy paste dalam analisis teks, makna, dari aktor-aktor masa lalu ke arah tekstual hari ini yang bisa memiliki perbedaan dan persamaan dari beragam perspektif, termasuk pada ranah politik dalam Teater Sae, yang muaranya dilakukan oleh Dendi Madiya dalam Political Dramaturgy.This article discusses copy paste of Teater Sae video conducted by Artery Performa on Monday, July 8, 2019 at Graha Bakti Budaya, Taman Ismail Marzuki in Djakarta Theater Platform is a new dramaturgy way of working, which puts the work of the idea system operation on stage is a research work on the relationship pictures and aesthetics that have become archives in the cinematographic level, and reenactment in directing work. Not working the exact same shape as the video; but rather the effort to achieve in providing a spectrum of work performance in layers between the archive and the medium, between aesthetics and technology, as well as differences in the codification of meaning based on the context of the archive. In addition, the context is how to treat documentary videos that are copied and pasted in the analysis of texts, meanings, from past actors in the textual direction today that can have differences and similarities from various perspectives, including in the political sphere in the Sae Theater, which is done by Dendi Madiya in Political Dramaturgy.

scholarly journals Demokrasi Antara Pembatasan Dan Kebebasan Beragama Serta Implikasinya Terhadap Formalisasi Islam

FIKRAH ◽  
2017 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Abu Hapsin
Keyword(s):  
John Rawls ◽  
Religious Freedom ◽  
Legal Order ◽  
Freedom Of Religion ◽  
The Political ◽  
Political Sphere ◽  
The Relationship ◽  
Democratic Country

<p><span>This paper discusses the relationship between democracy and freedom of religion. If democracy is defined as the freedom to behave as long as it is still in the constitutional frame, then the problem is whether to interpret democracy by formalizing religion in the political and legal order of a democratic country? The question rests on the assumption that religion has no rational domain so that the relationship between democracy and religious freedom sometimes becomes problematic when imposed on the constitutional domain. Theories of John Rawls and Franklin I. Gamwell as modern thinkers led to the conclusion that in certain areas religion cannot be forced into the political sphere, but universally religion is part of politics.</span></p>

Religion and Support for Democracy in Bosnia-Herzegovina

2012 ◽  
Vol 5 (3) ◽  
pp. 609-633
Author(s):  
Marko Valenta ◽  
Zan Strabac
Keyword(s):  
Negative Influence ◽  
The Other ◽  
The Political ◽  
World Values Survey ◽  
Political Sphere ◽  
Wide Range ◽  
Support For Democracy ◽  
Using Data ◽  
The Relationship ◽  
Different Levels

AbstractThis article examines the relationship between religiosity and support for democracy in Bosnia-Herzegovina. Using data from the last World Values Survey, we examine levels of religiosity among Bosniaks, Serbs, and Croats, and their support for democracy. The influence of religiosity on support for democracy is also explored. The results indicate that religiosity has a negative influence on support for democracy, and it is particularly true for individuals who do not support the separation of the religious from the political sphere and who exhibit lower support for democracy. The article also examines different levels of religiosity among the three groups, controlling for a wide range of variables. We conclude that there is basically no difference in support for democracy between Croats and Bosniaks, while Serbs exhibit somewhat lesser support for democracy than members of the other two ethnic groups. Serbs also seem to be somewhat less religious than Bosniaks and Croats. Opposition to separation of the religious from the political sphere is a major source of lack of support for democracy among Croats and Bosniaks, but not among Serbs.

Partitions

2017 ◽  
Author(s):  
Roberto Esposito
Keyword(s):  
Hannah Arendt ◽  
The Other ◽  
The Political ◽  
Political Sphere ◽  
Social Sphere ◽  
The Social ◽  
Simone Weil ◽  
The Relationship

This chapter considers the relationship between Hannah Arendt and Simone Weil. It argues that each one thinks in the inverse of the other's thought, in the shadow of the other's light, in the silence of the other's voice, in the emptiness of the other's plenitude. To think what the thought of the other excludes not as something that is foreign, but rather as something that appears unthinkable and, for that very reason, remains to be thought. It is precisely this “remainder,” this “boundary,” this “partition” that divides while joining and separates while combining that is the object of the present analysis. The chapter then turns examines the question for which the two thinkers appear to be most distant: the relation between action and work, between praxis and poiesis, between the political sphere and the social sphere.

(Political) Constitutions and (Political) Constitutionalism

2013 ◽  
Vol 14 (12) ◽  
pp. 2157-2183 ◽  
Author(s):  
Paul Scott
Keyword(s):  
Political Process ◽  
The Political ◽  
Constitutional Order ◽  
Law And Politics ◽  
General Terms ◽  
Functional Logic ◽  
Specific Concept ◽  
Definition Of ◽  
The Relationship ◽  
Democratic Constitution

This paper responds to the conceptual inflation of constitutionalism in recent years by considering the relationship between constitutions and the specific concept of constitutionalism, seeking to establish the limits to the identification of the latter outside its traditional province. It considers both constitutions and constitutionalism in general terms, but seeks in particular to elucidate the relationship between the political constitution and political constitutionalism. This task requires an explanation of the law/politics divide and the paper argues for an institutional distinction between the two concepts, as opposed to one based upon the supposedly distinctive rationalities associated with law and politics. It grafts these categories onto a concept of constitutionalism characterized by a specific functional logic, whereby the same mechanisms that constitute power also limit that power. As such, it argues that to identify constitutionalism in contexts in which constitution and limitation occur separately—as in different layers of a multi-layered constitutional order—is mistaken. Constitutionalism is defined by this distinctive dualism, which in turn grants it its legitimating potential.In light of this definition of constitutionalism, the paper considers the relationship between law and politics within the constitutional order, offering three potential accounts of the connection between them. Amongst these, it endorses the idea that law and politics are necessarily linked: Within the democratic constitution, each frames the other such that legal requirements are the outcome of a political process which itself takes a form determined by law. The two phenomena are therefore inseparable; in a certain sense, all law is politics and all politics is law. The piece ends by suggesting that this claim is true where, and only where, the conditions laid down for constitutionalism hold true. Constitutionalism is a dualist phenomenon which, where it occurs, brings with it a highly particular melding of the legal and the political.

scholarly journals Bangunan Ilmu Politik Hukum diantara Ilmu-ilmu Sosial dan Ilmu Hukum

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Indriyana Dwi Mustikarini
Keyword(s):  
Social Sciences ◽  
Political Science ◽  
Political Elite ◽  
The Political ◽  
Legal Studies ◽  
Law And Politics ◽  
Actual Reality ◽  
Legal Science ◽  
The Law ◽  
The Relationship

Abstract— This paper aims to describe the Building of Legal Political Science between Social Sciences and Legal Studies in Indonesia. This research focuses on the study of the legal, political science of other social sciences. The method used in this research is normative juridical. This method examines the applicable laws and regulations as well as theoretical from a variety of literature, relating to the politics of law in the formation of legislation. The results of this study indicate the relationship between law and political science that law is determined by politics, so the law is formed based on expectations or what should be (das sollen). Instead of politics determined by law, the law was formed by agreement of the political elite / actual reality (das sein). While law and politics are interdependent, the law is developed based on what should be and actual reality (das Sollen-Sein). Keywords—: legal politics; legal science; political science.

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