This book combines philosophical, intellectual-historical and political-theoretical methodologies to provide a new synoptic reading of the history of German political philosophy. Incorporating chapters on the political ideas of Luther and Zwingli, on the politics of the early Enlightenment, on Idealism, on Historicism and Lukács, on early Twentieth-Century political theology, on the Frankfurt School, and on Habermas and Luhmann, the book sets out both a broad and a detailed discussion of German political reflection from the Reformation to the present. In doing (...) so, it explains how the development of German political philosophy is marked by a continual concern with certain unresolved and recurrent problems. It claims that all the major positions address questions relating to the origin of law, that all seek to account for the relation between legal validity and metaphysical and theological superstructures, and that all are centred on the attempt to conceptualise and reconstruct the character of the legal subject. (shrink)

This article sets out a series of critical reflections on recent and contemporary theoretical literature that makes expansive claims for the status of the political as an autonomous category of social practice in modern society, and it argues that such theories usually rest on rather tautological and self-supporting constructions of society's politicality. To counter this, the article advocates and proposes a social-functional reconstruction of what, precisely, is political in modern society, and it suggests that modern societies are in fact structurally (...) dependent on their ability to reduce the volume of social exchanges that have to be articulated as specifically political. In particular, it asserts that many aspects of the legitimatory grammar of modern societies — especially rights and constitutions — are devices through which societies restrict their political concentration and de-politicize their primary functions. On this basis, the article concludes by proposing a more limited concept of the political that is socio-theoretically adjusted to, and usable in, the evolved form of a modern society. (shrink)

Niklas Luhmann elaborated his account of the political system in a complex, though often implicit, debate with Carl Schmitt. Underlying his systems-theoretical model of politics, and of the legitimacy of politics, is the anti-Schmittian view that modern society's communications about itself are neither coordinated by, nor embodied in, a political centre, and that politics is always an unemphatic aspect of these communications. However, this article proposes an immanent critique of Luhmann's analysis of the political system, and it argues that his (...) theory uses highly selective and puristic techniques to support its limitation of society's politics. If interpreted critically, in fact, Luhmann's political sociology illuminates the specific politicality and political emphasis of certain communications, it underlines the distinction of politics from other systems of social communication, and it calls for a re-insistence on the political as a primary category of social analysis. (shrink)

From the Reformation to the present, German political philosophy has done much to shape the contours of theoretical debate on politics, law, and the conditions of political legitimacy; many of the most decisive and influential theoretical impulses in European political history have originated in Germany. Until now, there has been no thorough history of German political philosophy available in English. This book offers a synoptic account of the main debates in its evolution. Commencing with the formal reception of Roman law (...) and the constitutional reforms in the Holy Roman Empire in the late fifteenth century, German Political Philosophy includes chapters on: · the political ideas of Luther, Zwingli and Melanchthon in the Reformation; · the natural-law theories of the early German Enlightenment; · Kant, Hegel and the age of German idealism; · romanticism and historicism; the Young Hegelians and Karl Marx; · legal positivism and organic theory; · Nietzsche, Weber and early sociology; · neo-Kantianism in the late nineteenth century; · constitutional theory in the Weimar Republic; · the critical theories of the Frankfurt School; · post-1945 sociological functionalism; · Niklas Luhmann's systems theory. At the heart of this book is the claim that, despite - or perhaps because of - the great upheavals and ruptures in the history of state-formation in Germany, there are certain recurrent themes and concerns which persist through these discontinuities to give a distinctive character to German political reflection. This valuable book will be of great interest to political philosophers, intellectual historians, lawyers, and historical sociologists.'. (shrink)

This book sets out a new reading of the much-neglected philosophy of Karl Jaspers. By questioning the common perception of Jaspers either as a proponent of irrationalist cultural philosophy or as an early, peripheral disciple of Martin Heidegger, it re-establishes him as a central figure in modern European philosophy. Giving particular consideration to his position in epistemological, metaphysical and political debate, the author argues that Jaspers's work deserves renewed consideration in a number of important discussions, particularly in hermeneutics, anthropological reflections (...) on religion, the critique of idealism, and debates on the end of metaphysics. (shrink)

Law and the Formation of Modern Europe explores processes of legal construction in both the national and supranational domains, and it provides an overview of the modern European legal order. In its supranational focus, it examines the sociological pressures which have given rise to European public law, the national origins of key transnational legal institutions and the elite motivations driving the formation of European law. In its national focus, it addresses legal questions and problems which have assumed importance in parallel (...) fashion in different national societies, and which have shaped European law more indirectly. Examples of this are the post-1914 transformation of classical private law, the rise of corporatism, the legal response to the post-1945 legacy of authoritarianism, the emergence of human rights law and the growth of judicial review. This two-level sociological approach to European law results in unique insights into the dynamics of national and supranational legal formation. (shrink)

Democratic Crisis and Global Constitutional Law explains the current weakness of democratic polities by examining antinomies in constitutional democracy and its theoretical foundations. This book argues that democracy is usually analysed in a theoretical lens that is not adequately sensitive to its historical origins. The author proposes a new sociological framework for understanding democracy and its constitutional preconditions, stressing the linkage between classical patterns of democratic citizenship and military processes and arguing that democratic stability at the national level relies on (...) the formation of robust normative systems at the international level. On this basis, he argues that democracy is frequently exposed to crisis because the normative terms in which it is promoted and justified tend to simplify its nature. These terms create a legitimising space in which anti-democratic movements, typically with a populist emphasis, can take shape and flourish. (shrink)

Focusing on the case of Colombia, this article sets out a sociological examination of constitutions marked by strong, activist judiciaries, by entrenched systems of human rights protection, and by emphatic implementation of global human rights law. Contra standard critiques of this constitutional model, it argues that such constitutions need to be seen as creating a new pattern of democracy, which is often distinctively adapted to structures in societies in which the typical patterns of legitimation and subject formation required for democratic (...) government were obstructed. In polities with such constitutions, legal institutions and norm setters have at times assumed the status offunctional equivalentsfor more typical democratically mandated actors and institutions. In such polities, further, global law assumes essential importance as it creates new sources of normative authorization for legislation and stimulates new lines of articulation between government and society. The article concludes that analysis of such polities, exemplified by Colombia, shows that the common categories of democratic-constitutional analysis are no longer always adequate for understanding current tendencies in democratic formation, and they can easily undermine democracy itself. (shrink)

This article argues that debates about the theoretical relations between Critical Theory and Existential philosophy have to date been excessively focused on the connections between Martin Heidegger and Theodor W. Adorno, and should now extend their analysis to consider points of dialogue between Adorno and Karl Jaspers. Examining the cognitive, ethical and political implications of their works, the article claims that Jaspers and Adorno have much in common and contribute in related ways to our understanding of certain important issues. This (...) is the case in their views on idealism and on the politics of humanism, but it is most evident in their reflections on the role of metaphysics in modern philosophy: both seek to salvage the contents of metaphysical thinking, and they denounce the tendency towards purely immanent or autonomist accounts of human reality in the theoretical traditions to which they belong. Their views on metaphysics are especially apparent in their interpretations of Kant, in their critiques of neo-Kantianism, and in their shared hostility to Heidegger's reaction to Kantian philosophy. (shrink)

This book sets out a new reading of the much-neglected philosophy of Karl Jaspers. By questioning the common perception of Jaspers either as a proponent of irrationalist cultural philosophy or as an early, peripheral disciple of Martin Heidegger, it re-establishes him as a central figure in modern European philosophy. Giving particular consideration to his position in epistemological, metaphysical and political debate, the author argues that Jaspers's work deserves renewed consideration in a number of important discussions, particularly in hermeneutics, anthropological reflections (...) on religion, the critique of idealism, and debates on the end of metaphysics. (shrink)

Niklas Luhmann wrote a number of works which have decisively shaped the recent development of legal science as a theoretical discipline. Some basic elements of his theory have been widely appropriated by other legal theorists, such that it is difficult to imagine contemporary reflection in legal theory, and above all legal sociology, without Luhmann. This collection brings together the most important canonical and cutting-edge papers on Luhmann s legal thought. It is introduced in a comprehensive editorial piece by the editor (...) which locates the articles in context and explores the issues and topics at hand. ". (shrink)

This article analyzes some recent developments in the system of public law in the Russian Federation, focusing in particular on changing patterns of litigation and increases in use of administrative law, linked to new acts of legislation. It argues that discussion of the Russian case provides a sociological perspective in which we can understand the importance of legal actions in hybrid polities. It explains that litigation in Russia, even where it may have counter-systemic outcomes, is partly incentivized by the government, (...) as promotion of access to law is seen as a means to formalize interactions between citizens and government and so to extend the societal penetration of the political system more generally. Litigation thus forms a mode of practice that, dialectically, possesses both inner- and counter-systemic status. In addition, the article argues that the case of Russia allows us to comprehend litigation as an element in processes of nation building and social integration more widely, and Russia illuminates the systemic significance of litigation in other societies. (shrink)

This is the first comprehensive study in English of Bruno Bauer, a leading Hegelian philosopher of the 1840s. Inspired by the philosophy of Hegel, Bauer led an intellectual revolution that influenced Marx and shaped modern secular humanism. In the process he offered a republican alternative to liberalism and socialism, criticized religious and political conservatism and set out the terms for the development of modern mass and industrial society. Based on in-depth archival research this book traces the emergence of republican political (...) thought in Germany before the revolutions of 1848. Professor Moggach examines Bauer's republicanism and his concept of infinite self-consciousness. He also explores the more disturbing aspects of Bauer's critique of modernity, such as his anti-Semitism. As little else is available on Bauer even in German this book will be eagerly sought out by professionals in political philosophy, political science, and intellectual history. (shrink)