Hans Lindahl
Biographic Data
| ID | 4375772 |
|---|---|
| NAME | Hans Lindahl |
| GIVEN NAMES | Hans |
| FAMILY NAME | Lindahl |
| SIGNATURE | LINDAHL H |
| AFFILIATIONS | Tilburg University |
| ORCID | 0000-0002-1333-9746 |
| VERIFIED | Yes |
| TOTAL WORKS | 20 |
| TOTAL CITATIONS | 32 |
| AUTHOR COUNT | 19 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 2003 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 4 |
The Emergence of Legal Normativity
An ambiguity haunts the modern concept of positive law: it is contingent law and posited law — contingent because posited law. In the face of this ambiguity, the question about the emergence of legal normativity becomes urgent: how to make sense of the normativity of lawmaking if Kelsen’s basic norm, social contract theories, and discursive theories of law are not up to the task of addressing this question? Drawing on Husserl’s and Merleau-Ponty’…
Constitutionalizing in the Anthropocene
The Anthropocene thesis, in its rejection of both the modernist separation between ‘humans’ and ‘nonhumans’ as well as in its treatment of ‘humans’ as a singular global geophysical force, presents fundamental challenges to constitutional theory and practice. First, in terms of conceptual and foundational transformations, the Anthropocene provokes the reconceptualization of legal relations as never being limited to human concerns, but as always an…
Constitutionalizing in the Anthropocene
Constitutionalizing in the Anthropocene: an introductionThe contributions to this symposium on 'Constitutionalizing in the Anthropocene' (CitA) arise out of a workshop hosted at Tilburg Law School in December 2020 aimed at addressing the challenges that the 'Anthropocene' poses to both the conceptual foundations and practical applications of constitutional theory, and out of a subsequent series of discussions and exchanges organized by the resear…
Ferdinando Menga, Etica intergenerazionale
Este artículo reseña: Ferdinando MENGA, Etica intergenerazionale, Morcelliana, Brescia, 2021, 288 pp
Authority and the Globalisation of Inclusion and Exclusion
Protracted and bitter resistance by alter- and anti-globalisation movements shows that the globalisation of law transpires as the globalisation of inclusion and exclusion. Humanity is inside and outside global law in all its possible manifestations. But how is this possible? How must legal orders be structured, such that, even if we can now speak of law beyond state borders, no emergent global legal order is possible that does not include without…
The Rome Statute
Given the emergence of challenges that are increasingly global in nature, and given the irreducible contingency of state borders, it would seem that justice must become global justice: justice that takes shape through a legal order that holds for all of humanity and everywhere. But is justice for all and everywhere possible? At issue, in this question, is not a rearguard defense of the state and state law. Instead, the question concerns the globa…
Hans Lindahl’s Fault Lines of Globalization
Democracy, Political Reflexivity and Bounded Dialogues
Instead of directly addressing Tully’s unstinting critique of and his alternative to informal imperialism, my aim in this chapter is to scrutinise the fundamental opposition that governs his Edinburgh lecture, namely the opposition between monism and pluralism. It is perhaps not exaggerated to say that, for Tully, empire is monism. In general, monism is not merely a specific way of organising polities, but also, and perhaps most fundamentally, a …
Law, Liberty and State
Oakeshott, Hayek and Schmitt are associated with a conservative reaction to the 'progressive' forces of the twentieth century. Each was an acute analyst of the juristic form of the modern state and the relationship of that form to the idea of liberty under a system of public, general law. Hayek had the highest regard for Schmitt's understanding of the rule of law state despite Schmitt's hostility to it, and he owed the distinction he drew in his …
Possibility, Actuality, Rupture
Debate and Dialogue
A‐Legality
This paper critically examines the prevailing assumption that legal boundaries are becoming irrelevant in postnationalism. While the boundaries of the nation‐state are forfeiting some of their hold on human behaviour, postnational legal orders are simply not legal orders unless they can in some way draw the spatial, temporal, material and subjective boundaries that make it possible to qualify human behaviour as legal or illegal. This implies that…
Europäische Integration
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
In between
Constituent Power and Reflexive Identity
This chapter analyses the nature of collective identity implicit in the notion of a political community. Taking the debate between Hans Kelsen and Carl Schmitt on the competing claims to priority of the legal-normative and the political as exemplary of influential and opposing positions in constitutional theory, it argues (against both) that collective identity is reflexive identity, that self-constitution is constitution both by (political) and …
Collective self-legislation as an Actus Impurus
The anomos of the earth
Polities appeal to the principle of distributive justice when justifying the right to inclusion and exclusion they claim for themselves with respect to immigrants: to each their own place. This paper attempts, in a first stage, to explain the nature of the link between distributive justice and an alleged right to inclusion and exclusion, as manifested in the political use of indexicals such as ‘we’, ‘here’, and ‘now’. Drawing on an analysis of th…
Border Crossings by Immigrants
What happens to the concept of security if legal disorder manifests itself not only as illegal behavior but also as alegal behavior—acts that challenge the very distinction between legality and illegality, as drawn by a political community? Focusing on European immigration policy, this paper examines how the distinction between illegal and alegal acts critically illuminates the relation between collective (in)security and the concept of legal (di…
Give and take
Appealing to the original meaning of the Greek term nomos, Hannah Arendt claims that a bounded legal space is constitutive for political community. Can this seemingly anachronistic claim be substantiated in the conceptually strong sense that every polity - the Greek city-state as much as a hypothetical world state - must constitute itself as a nomos? It is argued that whereas Arendt falls short of justifying this claim, a reflexive reading of nom…
Acquiring a Community
The theme ‘law and disorganised civil society’ raises the fundamental question concerning the junction between legal order and disorder, hence the passage from instituted legal order to the institution of legal order. The emblematic manifestation of this passage, in the framework of the European legal order, is the acquis communautaire: what is the nature of the process that leads from acquired community to acquiring a community? In a first, prep…
Give and take
Appealing to the original meaning of the Greek term nomos, Hannah Arendt claims that a bounded legal space is constitutive for political community. Can this seemingly anachronistic claim be substantiated in the conceptually strong sense that every polity - the Greek city-state as much as a hypothetical world state - must constitute itself as a nomos? It is argued that whereas Arendt falls short of justifying this claim, a reflexive reading of nom…
Possibility, Actuality, Rupture
Debate and Dialogue
In between
A‐Legality
This paper critically examines the prevailing assumption that legal boundaries are becoming irrelevant in postnationalism. While the boundaries of the nation‐state are forfeiting some of their hold on human behaviour, postnational legal orders are simply not legal orders unless they can in some way draw the spatial, temporal, material and subjective boundaries that make it possible to qualify human behaviour as legal or illegal. This implies that…
Border Crossings by Immigrants
What happens to the concept of security if legal disorder manifests itself not only as illegal behavior but also as alegal behavior—acts that challenge the very distinction between legality and illegality, as drawn by a political community? Focusing on European immigration policy, this paper examines how the distinction between illegal and alegal acts critically illuminates the relation between collective (in)security and the concept of legal (di…
The anomos of the earth
Polities appeal to the principle of distributive justice when justifying the right to inclusion and exclusion they claim for themselves with respect to immigrants: to each their own place. This paper attempts, in a first stage, to explain the nature of the link between distributive justice and an alleged right to inclusion and exclusion, as manifested in the political use of indexicals such as ‘we’, ‘here’, and ‘now’. Drawing on an analysis of th…
Acquiring a Community
The theme ‘law and disorganised civil society’ raises the fundamental question concerning the junction between legal order and disorder, hence the passage from instituted legal order to the institution of legal order. The emblematic manifestation of this passage, in the framework of the European legal order, is the acquis communautaire: what is the nature of the process that leads from acquired community to acquiring a community? In a first, prep…
Give and take
Appealing to the original meaning of the Greek term nomos, Hannah Arendt claims that a bounded legal space is constitutive for political community. Can this seemingly anachronistic claim be substantiated in the conceptually strong sense that every polity - the Greek city-state as much as a hypothetical world state - must constitute itself as a nomos? It is argued that whereas Arendt falls short of justifying this claim, a reflexive reading of nom…
Constituent Power and Reflexive Identity
This chapter analyses the nature of collective identity implicit in the notion of a political community. Taking the debate between Hans Kelsen and Carl Schmitt on the competing claims to priority of the legal-normative and the political as exemplary of influential and opposing positions in constitutional theory, it argues (against both) that collective identity is reflexive identity, that self-constitution is constitution both by (political) and …
Collective self-legislation as an Actus Impurus
The anomos of the earth
Polities appeal to the principle of distributive justice when justifying the right to inclusion and exclusion they claim for themselves with respect to immigrants: to each their own place. This paper attempts, in a first stage, to explain the nature of the link between distributive justice and an alleged right to inclusion and exclusion, as manifested in the political use of indexicals such as ‘we’, ‘here’, and ‘now’. Drawing on an analysis of th…
Border Crossings by Immigrants
What happens to the concept of security if legal disorder manifests itself not only as illegal behavior but also as alegal behavior—acts that challenge the very distinction between legality and illegality, as drawn by a political community? Focusing on European immigration policy, this paper examines how the distinction between illegal and alegal acts critically illuminates the relation between collective (in)security and the concept of legal (di…
Europäische Integration
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
In between
A‐Legality
This paper critically examines the prevailing assumption that legal boundaries are becoming irrelevant in postnationalism. While the boundaries of the nation‐state are forfeiting some of their hold on human behaviour, postnational legal orders are simply not legal orders unless they can in some way draw the spatial, temporal, material and subjective boundaries that make it possible to qualify human behaviour as legal or illegal. This implies that…
Debate and Dialogue
Law, Liberty and State
Oakeshott, Hayek and Schmitt are associated with a conservative reaction to the 'progressive' forces of the twentieth century. Each was an acute analyst of the juristic form of the modern state and the relationship of that form to the idea of liberty under a system of public, general law. Hayek had the highest regard for Schmitt's understanding of the rule of law state despite Schmitt's hostility to it, and he owed the distinction he drew in his …
Possibility, Actuality, Rupture
Democracy, Political Reflexivity and Bounded Dialogues
Instead of directly addressing Tully’s unstinting critique of and his alternative to informal imperialism, my aim in this chapter is to scrutinise the fundamental opposition that governs his Edinburgh lecture, namely the opposition between monism and pluralism. It is perhaps not exaggerated to say that, for Tully, empire is monism. In general, monism is not merely a specific way of organising polities, but also, and perhaps most fundamentally, a …
Hans Lindahl’s Fault Lines of Globalization
Authority and the Globalisation of Inclusion and Exclusion
Protracted and bitter resistance by alter- and anti-globalisation movements shows that the globalisation of law transpires as the globalisation of inclusion and exclusion. Humanity is inside and outside global law in all its possible manifestations. But how is this possible? How must legal orders be structured, such that, even if we can now speak of law beyond state borders, no emergent global legal order is possible that does not include without…
The Rome Statute
Given the emergence of challenges that are increasingly global in nature, and given the irreducible contingency of state borders, it would seem that justice must become global justice: justice that takes shape through a legal order that holds for all of humanity and everywhere. But is justice for all and everywhere possible? At issue, in this question, is not a rearguard defense of the state and state law. Instead, the question concerns the globa…
Ferdinando Menga, Etica intergenerazionale
Este artículo reseña: Ferdinando MENGA, Etica intergenerazionale, Morcelliana, Brescia, 2021, 288 pp
Constitutionalizing in the Anthropocene
The Anthropocene thesis, in its rejection of both the modernist separation between ‘humans’ and ‘nonhumans’ as well as in its treatment of ‘humans’ as a singular global geophysical force, presents fundamental challenges to constitutional theory and practice. First, in terms of conceptual and foundational transformations, the Anthropocene provokes the reconceptualization of legal relations as never being limited to human concerns, but as always an…
Constitutionalizing in the Anthropocene
Constitutionalizing in the Anthropocene: an introductionThe contributions to this symposium on 'Constitutionalizing in the Anthropocene' (CitA) arise out of a workshop hosted at Tilburg Law School in December 2020 aimed at addressing the challenges that the 'Anthropocene' poses to both the conceptual foundations and practical applications of constitutional theory, and out of a subsequent series of discussions and exchanges organized by the resear…
The Emergence of Legal Normativity
An ambiguity haunts the modern concept of positive law: it is contingent law and posited law — contingent because posited law. In the face of this ambiguity, the question about the emergence of legal normativity becomes urgent: how to make sense of the normativity of lawmaking if Kelsen’s basic norm, social contract theories, and discursive theories of law are not up to the task of addressing this question? Drawing on Husserl’s and Merleau-Ponty’…
Political science (16 works) · Sociology (15 works) · Law (14 works) · Philosophy (14 works) · Politics (13 works) · Law and economics (10 works) · Epistemology (9 works) · Philosophy (7 works) · Law (6 works) · Political Philosophy and Ethics (6 works)