Wilkinson, Michael 
ORCID: 0000-0003-1544-1821
(2014)
Political jurisprudence or institutional normativism?: maintaining the difference between Arendt and Fuller.
Netherlands Journal of Legal Philosophy (3).
pp. 240-259.
ISSN 2213-0721
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Abstract
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.
| Item Type: | Article |
|---|---|
| Official URL: | http://www.bjutijdschriften.nl/tijdschrift/rechtsf... |
| Additional Information: | © 2014 Boom Juridische uitgevers |
| Divisions: | Law |
| Subjects: | J Political Science > JA Political science (General) K Law > K Law (General) |
| Date Deposited: | 04 Feb 2015 09:26 |
| Last Modified: | 14 Sep 2024 06:38 |
| URI: | http://eprints.lse.ac.uk/id/eprint/60828 |
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