This article has as its theme the democracy as fundamentalism, or the democratic fundamentalism. Its main objective is the recognition that the thinking about democracy can itself be fundamentalist, implying that not only religious fundamentalisms are a threat to contemporary democracy. Its method and object are the interpretation of texts by two contemporary philosophers who do not usually talk to each other, the Italian Gianni Vattimo and the French Jean-Luc Nancy. The essay's thesis is the affirmation of democratic thinking as (...) a form of fundamentalism, insofar as it fulfills certain conditions established by the two thinkers analyzed. These conditions are, in the language of the aforementioned philosophers, the framing of democracy under the so-called strong thought, or its subsumption to a metaphysical way of thought, so that it becomes incapable of self-criticism and its necessary reinvention. Thus, it is expected to contribute to the construction of a self-critical vision of democracy through dialogue with aspects of thought little known of important philosophers and also through the dialogue between philosophy and theology as emancipatory ways of knowing. (shrink)

The political philosophy of radical democracy has made innumerable invaluable contributions to theories of democracy. However, while radical democrats tend to focus on the political, a cogent and comprehensive framework of law appropriate to radical democracy has only recently been begun to be developed. Interpreting the vast tradition of radical democracy to be based at least on the fundamental tenets of radical equality, anti-foundationalism, and to a lesser extent conflict, this paper argues that the oft-forgotten work of the American legal (...) philosopher Robert Cover may provide critical resources for a radical democratic theory of law. According to Cover, every agent living under law is embedded, or embeds themselves, within a nomos or normative universe. From this nomos legal texts become imbued with widely different meanings, many of which will be mutually incompatible. Cover’s legal anarchism, moreover, gives way to the argument that no agent or institution has a particularly privileged view of the ‘correct’ law. Accordingly, every legal texts gives rise to a proliferation of normative universes which due to their mutual incompatibility will eventually come into conflict with one another. This paper shows that Cover’s normative commitments are highly congruent with those professed by many radical democrats, and that therefore Cover’s legal philosophy furnishes a fruitful basis on which to further theorise a framework of radical democratic or agonistic law that incorporates struggle while remaining committed to equality and disavowing of any determinate foundations. (shrink)

This essay contends that while Nancy and Esposito have strikingly similar concepts of the place of the political in post-metaphysical community, their respective articulations of these concepts noticeably diverge. Because of his commitment to excavating the political project of immunity as central to the Western political tradition in and through the category of the legal person, Esposito announces community as impolitical, as the interruptive spacing, and thus alternating displacement, of the political conceived as the site of emancipatory agency. In contrast, (...) in the work of Agamben and in the recent work of Nancy, an articulation of the person and the political in more agential terms can be found. This divergence presents interpretive difficulties insofar as Esposito's discussion of community as impolitical could be read as advancing ontological neutrality or passivity that threatens to separate political activity from its liberating potential. I argue that such ontological neutrality is a product of Esposito's confrontation with the political as dominated by both the logic of immunity and an engagement with the complex legacy of Heidegger's problematic political trajectory. To this extent it is an open question whether Esposito's project leaves room for a new vision of the political and for political agency. (shrink)

This paper addresses the processes by which the international community intervened and participated in the defining of Bosnian identity and the corresponding constitutional framework, as well as the continuous paradoxical tension between the ethnic local and claims to universalism of supranational legal norms. In particular, the 1995 Constitution and the architecture of its sovereignty have been contested through provisions of the European Convention of Human Rights. The analysis is further supported by the discussion of the architectonic structure of the Town (...) Hall/national Library in Sarajevo that has had an important constitutional role since the collapse of the Ottoman period. The paper thus focuses on two sites for construction/deconstruction of Bosnian sovereignty: the constitutional framework and the more concretely visible architectural symbol of the Town Hall/national Library. This importance of a visual and spatial approach to Bosnian realities is carried further by the 1993 ‘Eulogy’ that Jean-Luc Nancy wrote for Sarajevo, as a site of the Mêlée. (shrink)

There are three dominant conceptual developments in Althusser’s work that suggest the significance of the subject. One is the perpetual work of ideology—its interpellation of individuals. The second is the primacy of the class struggle in relation to the state, and the consequential function of law and rights. The third is the materialism of the encounter as a process without subject. An examination of these three areas reveals the potentially and strategically important role of legal subjectivity in Althusser’s theory of (...) the political. (shrink)

The aim of this article is to look at the discussion of the singularity in Jean-Luc Nancy’s philosophy as a quest to imagine a new concept of a common existence that negates the differentiation between “I” and the “other.” In the age of subjectivity, the main indicator of existence is the “subjectivity” that differs from the contingency and perceives itself as a whole in its autonomous singularity. This singularity-centralized perception of existence causes the negation of the being of the otherness (...) and its ethical being that is the core element of establishing the subjectivity. Nancy, one of the leading philosophers offering new approaches on ethical subjectivity, tries to reflect upon a new idea about community (which is called in Nancy’s philosophy “being-in-common”), where the subjects can open themselves to the otherness. This article aims to claim that the idea of “being-in-common” is the only ethical opportunity to overcome the crisis that results from the sense of existence reduced to subjectivity. In Nancy’s thought, the ethical possibility of being-in-common should be interiorized within the concept of a communist democracy. A communist democracy is an opening of the being to its perfectibility in which the otherness is ontologically placed within the idea of the community. (shrink)