Vienna Lectures on Legal Philosophy, Volume 4
Constitutional Disagreements
Vienna Lectures on Legal Philosophy, Volume 4
Constitutional Disagreements
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Description
In the fourth volume of the Vienna Lectures on Legal Philosophy, scholars in contemporary jurisprudence and constitutional theory discuss who gets to decide and who gets to act when constitutional law is silent or fundamentally controversial.
It is the very purpose of Constitutions to settle disagreements: to determine who gets to decide and who gets to act when it comes to the polity and its members.
But what if, instead of settling disagreements among those subjected to it, the Constitution itself, its end, its functions, its meaning, its existence, becomes the subject of disagreements? What if the Constitution raises issues it is unable to address from the very outset? Who gets to decide then and who gets to act?
In a time in which constitutional crises seem to be too ubiquitous to still count as exceptions, questions such as these are asked with ever-increasing urgency. The answers to these questions cannot be found in arguments based on contingent legal stipulations but have to reach beyond the vague and fleeting instructions of positive law.
Table of Contents
2. When the Constitution is Like a House: On Metaphors in Legal Reasoning, Yaniv Roznai (Interdisciplinary Centre Herzliya, Israel)
3. The Constitution as an Obstacle: On Constitutional Disagreements as Constitutional Safeguards, Christoph Bezemek (University of Graz, Austria)
4. Deep Disagreements: Contradicting Constitutions of Reality, Sophie Loidolt (Technical University of Darmstadt, Germany)
5. Constitutional Disagreements or Institutional Failure? Legal Flexibility and Rigidity in Democratic Societies, Michaela Hailbronner (University of Münster, Germany)
6. Dworkin on Disagreement, Cormac Mac Amlaigh (University of Edinburgh, UK)
7. Kant's Principle of Right as a Principle of Collective Freedom, George Pavlakos (University of Glasgow, UK)
8. The Dethroned Forum of Principle: Re-drawing the Power/Knowledge Matrix in Constitutional Theory, Roni Mann (Barenboim-Said Akademie, Germany)
9. Enlightenment, Myth, and the Total Constitution, Martin Loughlin (LSE, UK)
10. The Total State and the Total Constitution, Anna-Bettina Kaiser (Humboldt University, Germany)
11. Procedural Legitimation and Substantive Legitimacy in the Current Crisis of Democracy, Stephan Kirste (University of Salzburg, Austria)
12. Hans Kelsen, Leo Strauss, and the Crisis of American Democracy, William Scheuerman (Indiana University, USA)
13. Judicial Dialogue and Constitutional Disagreements: Bridging the Gap, Koen Lenaerts (KU Leuven, Belgium)
14. Who Decides? Monstrous Government and the Dangers of Private Power, Adrian Vermeule (University of Harvard, USA)
15. Restoring Democracy Through International Law, Kim Lane Scheppele (Princeton University, USA)
16. The Linchpin of Constitutional Discipline: Militant Democracy and the Republican Split, Alexander Somek (University of Vienna, Austria)
Product details
| Published | 06 Aug 2026 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Extent | 288 |
| ISBN | 9781509983568 |
| Imprint | Hart Publishing |
| Dimensions | 234 x 156 mm |
| Series | Vienna Lectures on Legal Philosophy |
| Publisher | Bloomsbury Publishing |
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