Can jurisprudence fruitfully pursue a synthesis of Arendt’s political theory and Fuller’s normative legal philosophy? Might their ideas of the juridical person and the legal subject be aligned as a result of a shared concern for the value of legality, specifically of an institutional complex which is structured through the stability and predictability of the rule of law? It is doubtful that Arendt's concern for the phenomena of plurality, political freedom and action can usefully be brought into line with Fuller's normativist focus on legality, subjectivity and the inner morality of law. This doubt is explored by juxtaposing Arendt's theory of action and her remarks on the revolution, foundation and augmentation of power and authority with Fuller's philosophy that, however critical of its positivist adversaries, remains ultimately tied to a Hobbesian tradition which views authority and power in abstract, hierarchical and individualist terms. |
Search result: 29 articles
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Journal | Netherlands Journal of Legal Philosophy, Issue 3 2014 |
Keywords | Arendt, Fuller, Hobbes, political jurisprudence, political freedom, authority, legality |
Authors | Michael Wilkinson |
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The Right to a Nationality as a Human Right? |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2014 |
Authors | Mónika Ganczer |
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The ‘Genuine Link’ Principle in Nationality Law |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2014 |
Authors | Judit Tóth |
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Journal | Erasmus Law Review, Issue 3 2014 |
Keywords | global governance, family relations, nationality, habitual residence, party autonomy |
Authors | Professor Yuko Nishitani Ph.D. |
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As globalisation progresses, cross-border movements of people are becoming dynamic and multilateral. The existence of different groups and minorities within the community renders the society multiethnic and multicultural. As individuals acquire new affiliation and belonging, the conventional conflict of laws methods may no longer be viable and should be subject to a thorough re-examination. Against this background, this paper analyses appropriate conflicts rules in international family relations to reflect an individual’s identity. Furthermore, in light of the contemporary law fragmentation, this study also analyses interactions between state law and non-state cultural, religious or customary norms. |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2014 |
Keywords | Arendt, asylum, refugeeship, right to have rights, statelessness de facto and de jure |
Authors | Nanda Oudejans |
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This article argues that the right to have rights, as launched by Hannah Arendt, is relative to refugee displacement and hence translates as a right to asylum. It takes issue with the dominant view that the public/private divide is the locus classicus of the meaning of this primordial right. A different direction of thought is proposed, proceeding from Arendt’s recovery of the spatiality of law. The unencompassibility of place in matters of rights, freedom and equality brings this right into view as a claim at the behest of those who have lost a legal place of their own. This also helps us to gain better understanding of Arendt’s rebuttal of the sharp-edged distinction between refugees and stateless persons and to discover the defiant potential of the right to have rights to illuminate the refugee’s claim to asylum as a claim to an own place where protection can be enjoyed again. |
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Union Citizenship: Fundamental Status and Fundamental Rights Analysis of the Recent Jurisprudence of the Court Related to Union CitizenshipThe Rottmann, Zambrano, McCarthy and Dereci Cases |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2013 |
Authors | Laura Gyeney |
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Alternative Legal Regimes to Enable Universal Telecommunications RoamingLegal Regulation of Economic Uses of Outer Space |
Journal | International Institute of Space Law, Issue 2 1992 |
Authors | Anglin Jr. |