Deconstructive Constitutionalism explores the relationship between the thinking of Immanuel Kant and Jacques Derrida concerning modern constitutionalism. Kant is widely recognized as one of the philosophical forebears of modern constitutionalism; that is, the notion that state powers should be defin
Deconstructive Constitutionalism: Derrida Reading Kant
β Scribed by Jacques De Ville
- Publisher
- State University of New York Press
- Year
- 2023
- Tongue
- English
- Leaves
- 220
- Series
- SUNY Series in Contemporary Continental Philosophy
- Category
- Library
No coin nor oath required. For personal study only.
β¦ Synopsis
Investigates, by way of Derrida's engagements with Kant, how the foundations of modern constitutionalism can be differently conceived to address some of the challenges of the twenty-first century.
β¦ Table of Contents
Contents
Acknowledgments
Introduction
Kant and Modern Constitutionalism
Context, Challenges, and Alliances
βMethodβ and Limitations
From Kantβs Moral Law to Perpetual Peace
Outline of Chapters
Chapter 1 The Moral Law
The (Non-)Relation of Respect for the Law
The Law of Law
An Interrupted Relation
A Law of Tact
Feeling as Driving Force
Duty
The βAs If β
A Law of Welcome
Chapter 2 The Principle of Reason
Heidegger on the Principle of Reason
Modern Thinking and the Principle of Reason
The Principle of Reason as a Saying of Being
The Withdrawal of Being in its Sending
Kant and the Principle of Reason
The Sending of Being and the Human Being
Derrida
The University and the Principle of Reason
The Gift and the Principle of Reason
The Death Penalty and the Principle of Reason
Reason to Come
Legal Reasoning and the Welcome to the Other
Chapter 3 Freedom and Democracy
Heidegger
Transcendental Freedom
Practical Freedom
Freedom, Causality, and Being
Derrida
Freedom as Exposure beyond Mastery
Freedom and Democracy
Kant, Freedom, and Democracy
Chapter 4 Animal, Subject, Constitution
Kant, the Animal, and the Human
Derrida Reading Kant
Subjectivity
The Civil Condition
The Moral Law
Living Together
Chapter 5 Crime, Punishment, and Forgiveness
Legal Responsibility and Punishment
The Sovereignβs Right to Punish and to Grant Clemency
Punishment
Clemency
The Purpose of Punishment
The Measure of Punishment
Progress
Calculating with the Incalculable
Chapter 6 Perpetual Peace
Preface
Defining Peace
Public Law
International Law
Cosmopolitan Law
Peace as Absolute Hospitality
Kant after Derrida
Abyssal Foundations
Toward the Democracy to Come
Reading Kant to Meet the Challenges of Today
Notes
Bibliography
Case Law
Index
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