Hans Kelsen refused to develop a democratic theory of the basic norm. Given that he expounded a strong distinction between law and politics as two separate scientific disciplines he consistently argued against any attempt to politicize legal science and corrupt its object of cognition. As a result, there has been very little discussion of the basic norm in relation to his democratic theory. This article attempts to fill this gap by tracing the relationship between the basic norm and democracy in (...) Kelsen’s legal and political writings. More precisely, it maps Kelsen’s seminal distinction between autonomy and heteronomy onto his reflections on constitutional making and probes the anti-democratic implications of his theory of the basic norm as they undermine the normative foundations of democratic theory. The article concludes by addressing the question of whether it is possible to articulate a theory of the democratic ground norm, of democratic foundings with a normative content, by proposing the idea of an immanent, performative basic norm as the source of validity of a democratic constitutional order. (shrink)

Although the modern age is often described as the age of democratic revolutions, the subject of popular foundings has not captured the imagination of contemporary political thought. Most of the time, democratic theory and political science treat as the object of their inquiry normal politics, institutionalized power, and consolidated democracies. The aim of Andreas Kalyvas' study is to show why it is important for democratic theory to rethink the question of its beginnings. Is there a founding unique to (...) democracies? Can a democracy be democratically established? What are the implications of expanding democratic politics in light of the question of whether and how to address democracy's beginnings? Kalyvas addresses these questions and scrutinizes the possibility of democratic beginnings in terms of the category of the extraordinary, as he reconstructs it from the writings of Max Weber, Carl Schmitt, and Hannah Arendt and their views on the creation of new political, symbolic, and constitutional orders. (shrink)

Constellations, Volume 26, Issue 3, Page 384-390, September 2019.

There is much disagreement among many commentators of Hannah Arendt's work about whether her contributions to politics and philosophy contain a clandestine version of decisionism or, by contrast, represent an explicit attempt to break away from the elements of voluntarism, arbitrariness, and irrationality, which are considered to be inherent to any theory of the decision. Despite the many disagreements that set apart these two interpretations of Arendt, however, there is a common presupposition that both share. They are in agreement concerning (...) the decision: it is a threat and a vice, intrinsically dangerous and potentially totalitarian in nature, which ought to be expelled from any theory of politics with a normative content. As a result, the terms of the debate pertain solely to whether Arendt was a (crypto-) decisionist and not to the nature and evaluation of the decision as such. This paper argues, contrary to Arendt's critics, that although elements of a theory of the decision can be found scattered throughout many of her writings, she was nonetheless unswerving in her opposition to decisionism. But unlike her defenders, it also argues that had Arendt built on these elements to elaborate a systematic theory of the decision, she would have avoided many of the flaws and inconsistencies that plague her concept of politics. (shrink)

Contemporary Anglo-American political thought is witnessing a revival of theories of deliberative democracy. The principle of public argumentation, according to which the legitimation of a general norm is predicated upon a rational and open dialog among all those affected by this norm, constitutes their common underlying assumption. This assumption is itself grounded in the metatheoretical claim that arguing is the defining activity of a demos of free and equal members. Habermas' well-known formulation of communicative or discursive democracy represents one of (...) the earliest, most discussed, and indeed most emblematic versions of the existing models of deliberative democracy. It is here, I believe, that Castoriadis' political theory can prove exceptionally important as it provides a starting point and a solid ground for articulating one of the most incisive and convincing critiques of the limits and flaws of communicative democracy. Although Castoriadis himself never directly discussed deliberative democracy as such, we can try to approximate from various parts of his work what he might have thought about, especially when it comes to Habermas' model. (shrink)

McCormick, John, Carl Schmitt's Critique of Liberalism: Against Politics as Technology (reviewed by Andreas Kalyvas); Caldwell, Peter, Popular Sovereignty and the Crisis of German Constitutional Law: The Theory and Practice of Weimar Constitutionalism (reviewed by Andreas Kalyvas); Dyzenhaus, David, Legality and Legitimacy: Carl Schmitt, Hans Kelsen, Hermann Heller (reviewed by Andreas Kalyvas); Cristi, Renato, Carl Schmitt and Liberal Authoritarianism: Strong State, Free Economy (reviewed by Andreas Kalyvas).

Hans Kelsen refused to develop a democratic theory of the basic norm. Given that he expounded a strong distinction between law and politics as two separate scientific disciplines he consistently argued against any attempt to politicize legal science and corrupt its object of cognition. As a result, there has been very little discussion of the basic norm in relation to his democratic theory. This article attempts to fill this gap by tracing the relationship between the basic norm and democracy in (...) Kelsen’s legal and political writings. More precisely, it maps Kelsen’s seminal distinction between autonomy and heteronomy onto his reflections on constitutional making and probes the anti-democratic implications of his theory of the basic norm as they undermine the normative foundations of democratic theory. The article concludes by addressing the question of whether it is possible to articulate a theory of the democratic ground norm, of democratic foundings with a normative content, by proposing the idea of an immanent, performative basic norm as the source of validity of a democratic constitutional order Key Words: Hannah Arendt • basic norm • constitu ere • constitutional making • democracy • immanent norm • Hans Kelsen. (shrink)

This essay examines the political trials through which, according to Machiavelli's Discourses, republics should punish magistrates and prominent citizens who threaten or violate popular liberty. Unlike modern constitutions, which assign indictments and appeals to small numbers of government officials, Machiavelli's neo-Roman model encourages individual citizens to accuse corrupt or usurping elites and promotes the entire citizenry as political jury and court of appeal. Machiavellian political justice requires, on the one hand, equitable, legal procedures that serve all citizens by punishing guilty (...) parties and discouraging retaliatory reprisals, including foreign intervention. On the other hand, frankly acknowledging the power disparities that exist in every republic, Machiavelli outlines how political trials enable pro-plebeian magistrates and populist reformers to thwart patrician-generated smear campaigns and oligarchic conspiracies. (shrink)

The article examines the inaugural encounter of the Greek theory of tyranny and the Roman institution of dictatorship. Although the twentieth century is credited for fusing the tyrant and the dictator into one figure/concept, I trace the origins of this conceptual synthesis in a much earlier historical period, that of the later Roman Republic and the early Principate, and in the writings of two Greek historians of Rome, Dionysius of Halicarnassus and Appian of Alexandria. In their histories, the traditional interest (...) in the relationship between the king and the tyrant is displaced by a new curiosity about the tyrant and the dictator. The two historians placed the two figures alongside one another and found them to be almost identical, blurring any previous empirical, analytical, or normative distinctions. In their Greco-Roman synthesis dictatorship is re-described as `temporary tyranny by consent' and the tyrant as a `permanent dictator.' Dictatorship, a venerated republican magistracy, the ultimate guardian of the Roman constitution, is for the first time radically reinterpreted and explicitly questioned. It meets its first critics. (shrink)

Apart from a few exceptions,1 studies of Carl Schmitt in English have not dealt with the legal and constitutional aspects of his work. William Scheuerman's book begins to fill this gap. His work is an important corrective to previous interpretations which, by disproportionally emphasizing the cultural and theological aspects of Schmitt's work, have neglected its central legal character, thus reducing one of the most influential jurists of the 20th century either to a right-wing cultural critic or to a dissatisfied crypto-theologian.2 (...) Among other consequences, this neglect has contributed to disregarding themes that are pivotal to Schmitt's thinking.3 Scheuerman focuses on…. (shrink)

Marcel Gauchet's book is an ambitious study of the rise and demise of religion.1 Written in the tradition of the “grand narratives,” he seeks to reconstruct the multiple linkages between the transformation of religion and the secularization of Western civilization.2 Relying on Max Weber and Cornelius Castoriadis, Gauchet seeks to explain the transition from a religious universe to a preeminently profane world that has broken irrecoverably with its religious past. How, Gauchet asks, did the transition take place? How did the (...) modern world and especially politics succeed in emancipating themselves from God? How was the break with the invisible Other…. (shrink)

This book review considers Andreas Kalyvas and Ira Katznelson's argument that there is less of an intrinsic tension between liberalism and republicanism than has been claimed by various students of the history of modern liberal thought. It fully endorses the authors' directing of our attention to the mode of thinking which is to be seen in their select group of subjects (Adam Smith, Adam Ferguson, James Madison, Thomas Paine, Germaine de Stael and Benjamin Constant). But it balks at (...) their claim that their 'critical junctures' or 'heterogeneous and relational' interpretation of the rise of liberalism is superior to the 'linear' or 'trickle down' approach which sees this rise as a tale of the progressively strengthening influence of the 'giants' of political thought such as Hobbes, Locke, Hume, Montesquieu et. al. over lesser thinkers who were more absorbed in 'practical affairs.' The suggestion is made that what the authors take to be 'negotiable' differences of emphasis between the classically liberal and classically republican traditions may in fact be 'existential' oppositions which no single political order could overcome. (shrink)

A student's future as a knowledge worker (one who "thinks for a living" with the task of problem solving) is the starting point of this book. With this in mind, the book combines a review of philosophical positions and problems with practical examples and perspectives gained from everyday challenges faced by knowledge workers in their businesses and organizations. Through the use of summative chapters, highlighted key concepts, questions for reflection, and illustrative examples on how to work with the theories presented, (...) the book provides a clear and accessible introduction to this challenging subject. Philosophy of Science primarily addresses students studying language, communication, marketing, economics, and management. However, the survey of the theoretical schools of thought - as well as the discussions on research ethics and the role of research in society - will be equally relevant for other students in the humanities and the natural and social sciences. (shrink)

Wittgenstein’s and Heidegger’s objections against the possibility of a science of aesthetics were influential on different sides of the analytic/continental divide. Heidegger’s anti-scientism leads him to an alētheic view of artworks which precedes and exceeds any possible aesthetic reduction. Wittgenstein also rejects the relevance of causal explanations, psychological or physiological, to aesthetic questions. The main aim of this paper is to compare Heidegger with Wittgenstein, showing that: there are significant parallels to be drawn between Wittgenstein’s and Heidegger’s anti-scientism about aesthetics, (...) and that their anti-scientism leads both towards partly divergent criticisms of what I will call ‘aestheticism’. The divergence is mainly due to a broader metaphilosophical disagreement concerning appeals to ordinary language. Thus situating the two philosophers’ positions facilitates a possible critical dialogue between analytic and continental approaches in aesthetics. (shrink)

Anche se siamo comunemente abituati a pensare alla scienza come a un qualcosa di assolutamente atemporale e indipendente da tutto, in realtà essa è profondamente influenzata dalla cultura e dalla società del tempo in cui vive. Infatti né la scienza è isolabile dalla società, né la società è isolabile dalla scienza, tanto meno come si sta configurando oggi. Per approfondire questi aspetti, esistono però due visioni antagoniste che bisogna superare: secondo la visione scolastica, retaggio del positivismo ottocentesco ancora molto diffuso (...) fra scienziati e pubblico di non esperti, la scienza è conoscenza senza soggetto conoscente. All'opposto, la visione cinica della scienza, sull'onda di talune elaborazioni della sociologia della scienza, la riduce a nient'altro che a una costruzione di soggetti che partecipano al gioco scientifico, una cultura come altre e da "mediare", e comunque una conoscenza relativa, se non frutto di una costruzione puramente soggettiva, arbitraria, ideologica. Un'analisi della costituzione sociale della scienza può, invece, mirare a un'indagine scientifica sulla scienza proprio configurando una relatività della conoscenza che supera sia l'assolutismo idealistico sia il relativismo soggettivistico. (shrink)

Using a conviction-based measure, we find that local public corruption exerts a negative effect on the lending activity of US banks. Our baseline estimations show that the difference in public corruption between, for example, Alabama, where corruption is high, and Minnesota, where corruption is low, implies that banks headquartered in the former state grant 0.55% less credit ceteris paribus. Using proxies for relationship lending and monitoring, we also find that these bank characteristics weaken the negative effect of public corruption on (...) lending. These results are robust to tests that address endogeneity, to the use of perception-based measures of corruption, and after controlling for credit demand conditions. In further analysis, we show that these effects are more evident for smaller banks and banks operating in a single state. These findings provide evidence that public corruption could facilitate information asymmetry in the lending market and, thus, could hinder local development by reducing bank credit. (shrink)

Friedrich Nietzsche was among the figures from the history of nineteenth century philosophy that, perhaps surprisingly, some of the Vienna Circle’s members had presented as one of their predecessors. While, primarily for political reasons, most Anglophone figures in the history of analytic philosophy had taken a dim view of Nietzsche, the Vienna Circle’s leader Moritz Schlick admired and praised Nietzsche, rejecting what he saw as a misinterpretation of Nietzsche as a militarist or proto-fascist. Schlick, Frank, Neurath, and Carnap were in (...) different ways committed to the view that Nietzsche made a significant contribution to the overcoming of metaphysics. Some of these philosophers praised the intimate connection Nietzsche drew between his philosophical outlook and empirical studies in psychology and physiology. In his 1912 lectures on Nietzsche, Schlick maintained that Nietzsche overcame an initial Schopenhauerian metaphysical-artistic phase in his thinking, and subsequently remained a positivist until his last writings. Frank and Neurath made the weaker claim that Nietzsche contributed to the development of a positivistic or scientific conception of the world. Schlick and Frank took a further step in seeing the mature Nietzsche as an Enlightenment thinker. (shrink)

In metasemantics, semantic dispositionalism is the view that what makes it the case that, given the value of the relevant parameters, a certain linguistic expression refers to what it does are the speakers’ dispositions. In the literature, there is something like a consensus that the fate of dispositionalism hinges on the status of three arguments, first put forward by Saul Kripke ‒ or at least usually ascribed to him. This paper discusses a different, and strangely neglected, anti-dispositionalist argument, which develops (...) some remarks first put forward by Paul Boghossian and Anandi Hattiangadi and revolves around the idea that semantic dispositionalists have no way to justify their privileging certain dispositions, the ones they take to be reference-determining, over all the others. After some background (Section 1) and a first presentation of the argument (Section 2), I discuss three ways a dispositionalist might try to answer it and find them all wanting (Section 3). (shrink)

Émile Durkheim remains one of the most controversial, and deeply misunderstood, classics of social theory. His work differs from the dominant version of sociology that has essentially accepted the modernist self-description of contemporary societies; and it contradicts the individualism that has come to dominate the social sciences. For everybody who is interested in constructing theoretical alternatives to this individualism, Durkheim's sociology can be a useful inspiration - not only because of the solutions it suggests, but already because of the questions (...) it asks. Making use of the theoretical possibilities offered by the Durkheimian tradition, however, requires going beyond the familiar appropriations. The Oxford Handbook of Émile Durkheim takes stock of the different recent debates on Durkheimian sociology, and makes them accessible to a wide audience spanning various disciplines; this includes crucial debates that, due to language barriers, are not easily accessible for an English-reading public. The handbook's chapters elucidate the controversial key concepts of Durkheimian sociology; situate them within the contemporary political and theoretical debates they were originally responding to; offer surveys of empirical research that uses Durkheimian concepts (on topics that were already central for Durkheim's own work as well as on topics that Durkheim hardly touched upon), thus demonstrating the possibilities of a Durkheimian sociology; bring out the divergent, and competing, ways in which Durkheim's ideas have been appropriated and reformulated within more recent theoretical developments in the social sciences. In doing so, this volume is an important resource for all scholars and students looking to understand Durkheimian sociology. (shrink)

The conflict in Iraq has been portrayed as “ethnic” civil war, a radically different conflict from “ideological” wars such as Vietnam. We argue that such an assessment is misleading, as is its theoretical foundation, which we call the “ethnic war model.” Neither Iraq nor Vietnam conforms to the ethnic war model's predictions. The sectarian conflict between Shia and Sunni militias is not simply the outcome of sectarian cleavages in Iraqi society, but to an important extent, a legacy of U.S. occupation. (...) On the other hand, although Vietnam was a society riven by ethnic cleavages, the Vietnam War also fails to conform to the ethnic war model. We show that there is no necessary overlap between ethnic conflict and ethnic war. Some ethnic conflicts evolve into ethnic wars, and others develop dynamics virtually indistinguishable from those of ideological civil wars. We suggest that the state's role is essential in transforming conflicts into either ethnic or irregular wars. We conclude with an analysis of the current situation and future prospects in Iraq. (shrink)

Abstract:We discuss the role that transnational corporations (TNCs) should play in developing global governance, creating a framework of rules and regulations for the global economy. The central issue is whether TNCs should provide global rules and guarantee individual citizenship rights, or instead focus on maximizing profits. First, we describe the problems arising from the globalization process that affect the relationship between public rules and private firms. Next we consider the position of economic and management theories in relation to the social (...) responsibility of the firm. We argue that instrumental stakeholder theory and business and society research can only partially solve the global governance issue, and that more recent concepts of corporate citizenship and republican business ethics deliver theoretically and practically helpful, fresh insights. However, even these need further development, especially with regard to the legitimacy of corporate political activity. (shrink)

ABSTRACT I discuss Nadia Urbinati's argument by highlighting an alternative dimension of populism, one that departs from the same assumptions but reaches a different understanding: populism as an antisystem electoralist strategy, one that is part of the technology of democratic competition.

A great deal of violence in civil wars is informed by the logic of terrorism: violence tends to be used by political actors against civilians in order to shape their political behavior. I focus on indiscriminate violence in the context of civil war: this is a type of violence that selects its victims on the basis of their membership in some group and irrespective of their individual actions. Extensive empirical evidence suggests that indiscriminate violence in civil war is informed by (...) the logic of terrorism. I argue that under certain conditions, that tend to be quite common, such violence is counter productive. I specify these conditions and address the following paradox: why do we sometimes observe instances of indiscriminate violence evenunder conditions that make this strategy counterproductive? I review four possible reasons: truncated data, ignorance, cost, and institutional constraints. I argue that indiscriminate violence emerges because it is much cheaper than its main alternative – selective violence. It is more likely under a steep imbalance of power between the competing actors, and where and when resources and information are low; however, most political actors eventually switch to selective violence. Thus, given a balance of power between competing actors, indiscriminate violence is more likely at early rather than late stages of the conflict. Overall, the paper suggests that even extreme forms of violence are used strategically. (shrink)

Simondon adopts some concepts of social psychology as ‘in group’ and ‘out group’, namely from Kurt Lewin and Gordon Allport, that allow him to describe the fundamental processes shaping the domain of collective individuation, and to challenge Bergson’s distinction between a ‘closed’ community and an ‘open’ society. Reconstructing Simondon’s sources is necessary to understand how he tries to provide an analysis of the social system without presupposing a given anthropology, but rather exploring different perspectives on the human/nature threshold through the (...) concept of transindividual. In his study of the social system Simondon progressively gives conceptual shape to the processes he calls transindividual thanks to the ontogenetic analysis of the phenomena of belief, work and language. In all these domains, a ‘basic community’ emerges just over the threshold of the biological group, where the structural ambivalence of all collective processes as simultaneously closed and open becomes clear. That is why Simondon does not present the concept of the transindividual as a solution to the epistemological problem of psychic and collective individuation, but rather as the ‘field’ in which a whole series of social, biological and technical dimensions can be made converge towards a science of anthropogenic processes. (shrink)

There is little question as to whether there is good boring art, though its existence raises a number of questions for both the philosophy of art and the philosophy of emotions. How can boredom ever be a desideratum of art? How can our standing commitments concerning the nature of aesthetic experience and artistic value accommodate the existence of boring art? How can being bored constitute an appropriate mode of engagement with a work of art as a work of art? More (...) broadly, how can there be works of art whose very success requires the experience of boredom? Our goal in this paper is threefold. After offering a brief survey of kinds of boring art, we: i) derive a set of questions that we argue constitutes the philosophical problem of boring art; ii) elaborate an empirically informed theory of boredom that furnishes the philosophical problem with a deeper sense of the affect at the heart of the phenomenon; and iii) conclude by offering and defending a solution to the problem that explains why and how artworks might wish to make the experience of boredom key to their aesthetic and artistic success. (shrink)