Table of Contents
Preface v
List of Abbreviations xvii
Introduction 1
1 The Paradoxes of the Nation-State 14
I Introduction 14
II The Paradox of the Right to Self-determination 19
III The Paradox of De-assimilation and De-naturalisation 26
IV The Paradox of Rightlessness 32
V The Paradox of Human Rights 38
2 The Concept of the Nation in Hannah Arendt's Thought 45
I Introduction 45
II Arendt and the Social Question-A Political-theoretical Readjustment 52
A Revolution and Discourse 52
B Sovereignty and Misery 57
C Misery and Consensus 62
III The Concept of the Nation and the Volonté Générale 67
A Arendt, Rousseau and the French Revolution 67
B General Will and Alienation 70
C The Internalisation of the Political 74
i From Compassion to Pity 74
ii Pity and the Concept of Nation in the French Revolution 79
iii The New Virtue and the Exclusion of the Other 83
3 Law and the Modern State-Hannah Arendt on the Trail of Max Weber 93
I Introduction 93
A In Which Line of Tradition to Think About the State? Neither Hegel nor Elias 95
B An Initial Plea for Max Weber 99
II On the Origin of the Modern State 102
A State and Modern State in Weber 102
B Arendt and the Genealogy of the Modern State 104
i Accentuation of the Economic Structure 104
ii The Development of the State into a Political Power and Business Concern 106
iii The Functional Importance of the Bureaucracy 107
iv The French Revolution and the Genesis of the Modern State 109
III On the Rationality of Law 111
A What is Rational Law? A Look at Weber's Sociology of Law 111
B Arendt and Rational Law 116
i Bureaucracy as a Form of Rule and the Materiality of Law 116
ii Bureaucracy as a Form of Rule and the Irrationality of the Law 118
4 Hannah Arendt's Critique of Popular Sovereignty 125
I Introduction 125
II Popular Sovereignty and the Law 126
A The Political-theoretical Architecture of Arendt's book on Totalitarianism 127
B Arendt and the Sources of Juridification 134
C Nation and Law 138
i The Indefiniteness of the Law 138
ii Arendt on the Abrogation of the Law During the French Revolution 144
iii From the Internalisation of the Political to its Ethnicisation 146
III Popular Sovereignty and Politics 152
A Politics in Mass Society 155
B Mistrust and Authority 159
G Mass Movement and Power 167
5 The Order of Freedom: On the Dehierarchisation of the Relationship Between Law and Politics 173
I Introduction 173
II Arendt's Understanding of the Political 180
A Arendt and the Normativity of the Political 181
i Power and Violence-A New Accentuation 181
ii Forms of Consensus and Modes of Action 184
iii The Acknowledgement of the Other: An Attempt at a Political Answer to the 'Normative Lacuna' 189
B From the Power of Judgement to the Procedural Rules of the Political System 196
i Political Rationality within Institutions 200
ii Political Rationality Between Institutions 207
iii Political Rationality Between the Political System and the Public Sphere 210
III Arendt's Theory of Law 214
A The Concept of Law: Relationship versus Substance 215
B What is Legitimate Law? 221
i Neither Foundation nor Promise 221
ii Enlargement and Preservation: Arendt's Understanding of Political Order 225
C Arendt's Demanding Concept at Political Enabling 237
i On the Dialectic of Subjective and Objective Rights 237
ii On the Internal Reference of Constitution and Democratic Politics 240
iii The Incomplete Dehierarchisation 244
Conclusion 249
Bibliography 255
Index 271