This article explores the tensions between cosmopolitanism and sovereignty as a means to conceptualize the ethics of European foreign policy. It starts by discussing the claim that, in order for the EU to play a meaningful role as an international actor, a definition of the common ethical values orienting its political conduct is required. The question of a European federation of states and its ethical conceptualization emerges clearly in some of the philosophical writings of the 17th and 18th centuries. (...) I seek to provide an outline of the main arguments presented by authors such as Saint Pierre, Rousseau and Kant regarding the implications of the emerging difference between cosmopolitanism and the law of nations in the ethics of international relations. The article focuses on the normative significance of the concept of sovereignty as it emerges in modern political philosophy and highlights its tensions with the ideas of moral and political cosmopolitanism. This exploration serves a double function: theoretical and practical. From the theoretical perspective it leads to a better understanding of the tensions involved in conceptualizing a common ethical orientation for the states of Europe. From the practical standpoint it sheds light on some persistent difficulties the European Union faces in trying to move beyond an intergovernmental political arrangement in the field of foreign policy. (shrink)
This paper interprets the relation between sovereignty and guilt in Nietzsche's Genealogy. I argue that, contrary to received opinion, Nietzsche was not opposed to the moral concept of guilt. I analyse Nietzsche's account of the emergence of the guilty conscience out of a pre-moral bad conscience. Drawing attention to Nietzsche's references to many different forms of conscience and analogizing to his account of punishment, I propose that we distinguish between the enduring and the fluid elements of a ‘conscience’, defining (...) the enduring element as the practice of forming self-conceptions. I show that for Nietzsche, the moralization of the bad conscience results from mixing it with the material concepts of guilt and duty, a process effected by prehistoric religious institutions by way of the concept of god. This moralization furnishes a new conception of oneself as a responsible agent and holds the promise of sovereignty by giving us a freedom unknown to other creatures, but at the price of our becoming subject to moral guilt. According to Nietzsche, however, the very forces that made it possible have spoiled this promise and, under the pressures of the ascetic ideal, a harmful notion of responsibility understood in terms of sin now dominates our lives. Thus, to fully realize our sovereignty, we must liberate ourselves from this sinful conscience. (shrink)
Addressing the three dominant contemporary attitudes towards sovereignty - Sovereignty Renewed; Sovereignty Rethought; Sovereignty Rejected - After Sovereignty ...
Giorgio Agamben has come to be recognized in recent years as one of the most provocative and imaginative thinkers in contemporary philosophy and political theory. The essays gathered together in this volume shed light on his extensive body of writings and assess the significance of his work for debates across a wide range of fields, including philosophy, political theory, Jewish studies, and animal studies. The authors discuss material extending across the entire range of Agamben's writings, including such early works as (...) Language and Death and more recent and widely acknowledged works such as Homo Sacer . Readers will find useful discussions of key concepts and theories in Agamben's work, such as sovereignty and bare life, along with more critical analyses of the political stakes and consequences of his theoretical and political interventions. (shrink)
In Sovereignty’s Promise: The State as Fiduciary, Evan Fox-Decent uses the idea of fiduciary relationships to explain the legitimate exercise of governmental authority. He makes use of the idea of the state as a fiduciary for the people to ground an account of the duty to obey the law, to explain the proper relationships between colonial (or “settler”) societies and aboriginal populations, the role of agency discretion and judicial review in the administrative state, the rule of law, the relationship (...) between law and morality, and the foundations of human rights. While I was not convinced by several of the arguments, the book does have many important virtues. In particular, it provides a clear discussion of the idea of fiduciary relationships and duties that is useful for, and should be largely accessible to, non-lawyers. And, though I do not think that Fox-Decent has established all that he hoped to in the book, he does a good job of showing how fiduciary relationships are relevant to the above issues and worth considering. (shrink)
These are for entries for the forthcoming _Rawls Lexicon_, edited by Jon Mandle and David Reidy, on H.L.A. Hart, Charles Beitz, Sovereignty, and Citizen.
. In our opinion, the processes of changing of sovereignty nowadays are among those of much significance. Presumably, if such processes (of course with much fluctuation) gain strength it will surely affect all spheres of life, including change of ideology and social psychology (the moment which is still underestimated by many analysts). Generally speaking, notwithstanding an avalanche of works devoted to the transformation of sovereignty, some topical aspects of the problem mentioned appear to have been disregarded. The present (...) article is devoted to the analysis of one of such insufficiently investigated aspects – the deliberate voluntary reduction of sovereign prerogatives. In the present paper we have tried to prove that on the whole globalization contributes to the change and reduction of nomenclature and scope of state sovereign powers, and besides it is a bilateral process: on the one hand, the factors are strengthening that fairly undermine the countries' sovereignty, on the other – most states voluntarily and deliberately limit the scope of their sovereignty. (shrink)
A picture of sovereignty holds the study of politics captive. Captives of Sovereignty looks at the historical origins of this picture of politics, critiques its philosophical assumptions and offers a way to move contemporary critiques of sovereignty beyond their current impasse. The first part of the book is diagnostic. Why, despite their best efforts to critique sovereignty, do political scientists who are dissatisfied with the concept continue to reproduce the logic of sovereignty in their thinking? (...) Havercroft draws on the writings of Hobbes and Spinoza to argue that theories of sovereignty are produced and reproduced in response to skepticism. The second part of the book draws on contemporary critiques of skeptical arguments by Wittgenstein and Cavell to argue that their alternative way of responding to skepticism avoids the need to invoke a sovereign as the final arbiter of all political disputes. (shrink)
Behind the global climate change debate are views of divine sovereignty. Those who believe that God is in charge of everything believe there is no change in the climate, but those who believe that God's sovereignty entails that we are responsible for working with the divine are willing to admit there is global climate change.
There is an important moral difference between laws that criminalize drugs and prostitution and laws that make them illegal in other ways: criminalization violates our moral rights in a way that nonlegalization does not. Criminalization is defined as follows. Drugs are criminalized when there are criminal penalties for using or possessing small quantities of drugs. Prostitution is criminalized when there are criminal penalties for selling sex. Legalization is defined as follows. Drugs are legalized when there are no criminal penalties for (...) manufacturing, selling and possessing large quantities of drugs. Prostitution is legalized when there are no criminal penalties for owning or operating a brothel or escort service, no criminal penalties for working as a paid agent for sex work, and no criminal penalties for paying someone for sex who is above the age of legal employment and sexual consent. The criminalization of drugs and prostitution violate the right of self-sovereignty in depriving individuals of important forms of control over their own minds and bodies, but nonlegalization does not violate this right. It is therefore consistent, as a matter of principle, to advocate decriminalization but to oppose legalization. (shrink)
The Power of Sovereignty attempts to understand the ideas and thoughts of Sayyid Qut whose corpus of work and, in particular, his theory of hakimiyyah (sovereignty) is viewed as a threat to nationalistic government and peace worldwide. This book provides a detailed perspective Sayyid Qutb's writings and examines: · The relation between the specifics of the concept of hakimiyyah and that of jahiliyyah · The force and intent of these two concepts · How Qutb employs their specifics to (...) critically assess the political establishments like nationalism and capitalism · The influence of the two concepts on Egypt's radical Islamic movements, where many of al'Qa'ida's lieutenants, officers, ideologues and conspirators were fomented This book provides timely and topical understanding of the intellectual origins and conceptual and methodological thinking of radical Islamist movement in the modern world. The Power of Sovereignty is essential reading for those with interests in political Islam and religious politics. (shrink)
Introduction: divine violence and political fetishism -- The political theology of sovereignty -- In the maw of sovereignty -- Benjamin's dissipated eschatology -- Waiting for justice -- Forgiveness, judgment and sovereign decision -- The Hebrew republic -- Conclusion : the anarchist hypothesis.
Across Europe, national leaders and ordinary citizens alike face the problems and opportunities raised by increasing economic and political interdependence. Interdependence between nations creates new dilemmas in every sphere of activity. In The Netherlands: Negotiating Sovereignty in an Interdependent World, Thomas Rochon offers a comparative focus and a strong conceptualization of small-state issues applied to present the Netherlands experience.Although all countries face issues of sovereignty and adjustment to international forces, the Dutch have addressed these issues more explicitly and (...) over a longer span of time. How have the Dutch gone about the transformation from global power to small state? What lessons have they learned along the way that might be applied elsewhere in Europe, not to mention the United States? Rochon addresses these issues and provides background information on the people, culture, government, and economy of the country. In the final chapter, he summarizes the Dutch experience and explains that what unites the Netherlands with other industrial nations is how the country copes with change. (shrink)
Machine generated contents note: Introduction; 1. Communal self-determination; 2. Costs and consequences; 3. Asymmetries in jus ad bellum; 4. Asymmetries in jus in bello; 5. Humanitarian intervention and national responsibility; 6. The issue of selectivity; 7. Proper authority and international authorisation; Conclusion.
One unique part of Rousseau's Social Contract is his argument that a just society must have a specific constitutional arrangement of powers centred around what he calls the Sovereign and the Prince. This makes his philosophy different from other contractualists, such as Hobbes and Locke, who think that the principles of good government are compatible with any number of institutional structures. Rousseau's constitutional theory is thus significant in a way that has no parallel in Hobbes or Locke. More to the (...) point, any problems that exist in his constitutional theory will have consequences for his political thought as a whole. This article argues that there is a contradiction at the center of Rousseau's theory of institutions that threatens the cogency of the Social Contract. Key Words: Rousseau • separation of powers • social contract • sovereignty. (shrink)
Legal debates about humanitarian intervention—military intervention by one or more states to curb gross human rights violations occurring in another state—tend to assume that its legitimacy is irrelevant to its legality. Debates among philosophers and political theorists often assume the inverse, that the legality of humanitarian intervention is irrelevant to its legitimacy. This paper defends an alternative account, one that sees the legality and legitimacy of humanitarian intervention as intertwined. This account emerges from a conception of international law as a (...) legal domain that structures global politics by treating sovereignty as a legal entitlement that it distributes among the multitude of legal actors that it recognizes as states. Drawing on a long standing debate among domestic legal theorists about the rule of law, it first identifies formal constraints on the UN Security Council's discretion to authorize the use of force to end human rights violations. Developing a distributive conception of international human rights, it then identifies substantive considerations that shed further light on the legality of intervention. It suggests that members of the Security Council must give reasons when exercising their discretion to authorize the use of force and that some reasons might divest a member's vote of legal validity. (shrink)
States are believed to be the paradigmatic instances of legitimate political authority. But is their prominence justified? The classic concept of state sovereignty predicts the danger of a fatal deadlock among conflicting authorities unless there is an ultimate authority within a given jurisdiction. This scenario is misguided because the notion of an ultimate authority is conceptually unclear. The exercise of authority is multidimensional and multiattributive, and to understand the relations among authorities we need to analyse this complexity into its (...) different aspects. Instead of ultimate authorities we can have actors endowed with superior authority over others in one regard, but not necessarily in another. And this limited superiority is sufficient for resolving conflicts. There is no need for ultimate authorities. Having discarded the notion of sovereignty we can embrace a different conception of legitimate authority, one that is not interested in the pedigree of actors, but in their capacity to serve its subjects. If states wish to retain their central role in the domain of political authority, they will have to earn it. (shrink)
How is it possible that the idea of sovereignty still features in legal and political philosophy? Most contemporary political philosophers have little use for the idea of ‘unlimited’ or ‘absolute’ power, which is how sovereignty is normally defined. A closer look at sovereignty identifies two possible accounts: sovereignty as the fact of power or sovereignty as a title to govern. The first option, which was pursued by John Austin’s command theory of law, leads to an (...) unfamiliar view of law and the state, which was justly criticised by H. L. A. Hart. The second option, leads to a paradox, because under this view sovereignty is both limited and unlimited. Hence, this argument shows that law and sovereignty are actually incompatible. Where there is law there is no sovereignty, and where there is sovereignty there is no law. (shrink)
In this essay, Denike assesses the appropriation of international human rights by humanitarian law and policy of "security states." She maps representations of the perpetrators and victims of "tyranny" and "terror, " and their role in providing a "just cause" for the U.S.–led "war on terror. " By examining narratives of progress and human rights heroism Denike shows how human rights discourses, when used together with the pretense of self-defense and preemptive war, do the opposite of what they claim—entrenching the (...)sovereignty of Western imperialist states while eroding the conditions necessary for the recognition of the human rights of others. (shrink)
The notion of biopolitical sovereignty and the theory of the state of exception are perspectives derived from Carl Schmitt’s thought and Michel Foucault’s writings that have been popularized by critical political theorists like Giorgio Agamben and Michael Hardt and Antonio Negri of late. This article argues that these perspectives are not sufficient analytical points of departure for a critique of the contemporary politics of terror, violence and war marked by a growing global exploitation of bodies, tightened management of life, (...) and endless and unpredictable abusive force. To better capture the singularity of our present condition of violence, war and terror, a supplementation of Schmitt’s and Foucault’s approaches by way of Hannah Arendt’s language of political action and agonistic engagement is useful. By bringing Arendt’s language of political agony to bear on contemporary biopolitical debates and discourses, we wish to revisit common practices of war and terror as matters of ‘agonal sovereignty’. ‘Agonal sovereignty’ allows us to peer into the ‘abyss of total violence’ that manifests itself after sovereign decisionism and biopolitical modalities of power have taken over the everyday conduct of political affairs. (shrink)
This paper analyzes "ticking time bomb" scenarios in the discursive legitimation of torture and other coercive interrogation techniques. Judith Butler proposes a Foucauldian framework to suggest that Adminstration policies can be read as the irruption of sovereignty within governmentality. Rereading Foucault, I suggest that the policies could equally be understood as an exercise of governmentality, i.e., the subordination of juridical law to economy. I then propose as a reconciliation of these readings that time bomb scenarios serve rhetorically to make (...) the exercise of arbitrary power Butler identifies appear as an exercise of governmentality; sanitized of complications, coercive interrogation appears efficient. (shrink)
The question of the place of what are called “animals” does not seem, at first, obviously to capture the deepest or most important imperative of a deconstructive politics devoted to challenging the constitutive structures of war, mastery, violence and sovereignty in the ‘contemporary scene’ of ‘globalization,’ or what Derrida often described as the ever more problematic and contested “mondialisation” or ‘becoming world’ of the world. And yet, as Derrida said in 1967 with respect to the “question of language” (which (...) is, as I shall argue, at bottom the same question) the question of the life of the simply living (what a longstanding tradition, still operative at the very foundation of contemporary politics, understands as that of the animal) has certainly never been simply one question among others.[1] Indeed, as we shall see, the vanishing trace of an undeterminable “animal” life runs across Derrida’s own text from beginning to end, as it does, in a way that is at once silent, massive, and decisive, across the onto-theologically structured reality of contemporary “global” politics that this text attempts ceaselessly to decipher. This trace or track of a non-human life that crosses this global scene and unsettles its most profoundly orienting axioms cannot in fact be determined as that of “animals,” “an animal” or of “the animal” in general – for as Derrida has ceaselessly reminded us, there is not and has never been any such thing; the first and most essential imperative of a deconstructive reading committed to discerning difference and non-identity is to protest the universalizing gesture of the term or syntagm that, ignoring all of the vast differences of type, function, and characteristic, simply groups and indifferently unites all that is living and not human or plant under a single common term. Yet the deconstructive reading that tracks the trace of a non-human life across the discourses and practices of contemporary politics is nevertheless, as I shall argue, such as to call into question the political, social, theological and metaphysical privilege of the human, everywhere this privilege underlies and supports the axiomatics of what it is to speak or answer, what it is to ask or question, what it can mean to take up the life, community, or identity, of what can perhaps no longer, traversing it, be determined as that of the being that speaks.. (shrink)
Taking as its point of departure Edmund Husserl's 1935-36 text The Crisis of European Sciences, this essay attempts to develop a new conception of reason by means of a thoroughgoing critique of some ideas often used to support and define it. Because the notion of "enlightenment" has been tied since the time of Kant to a certain coming of age of reason or rationality, the "enlightenment" to come must at once draw upon the resources of this reason and open reason (...) to some of the aporias it has traditionally rejected. Reducible neither to a simple irrationalism nor to a mere mode of calculative thought, such reason must ultimately challenge, it is argued, not only the sovereignty and identity of the (human) subject but the very concepts of sovereignty and identity. Only such a renewed thinking of reason or of what is reasonable, the essay suggests, can help us diagnose, analyze, and help treat some of the aporias posed by a whole host of contemporary issues, from cloning to the erosion of the nation-state to globalization and terrorism. Only in this way can we at once "save the honor of reason" - to use a phrase that runs throughout the essay - and help reorient the reason of politics, of the sciences, and, indeed, of philosophy along the lines of a more fundamental and urgent ethical imperative. (shrink)
Locke's conceptualization of sovereignty and its uses, combining theological, social, and political perspectives, testifies to his intellectual profundity that was spurred by his endeavour to re-traditionalize a changing world. First, by relying on the traditional, personalistic notion of polity, Locke developed a concept of sovereignty that bore the same sense of authority as the “right of commanding” attributable only to real persons. Second, he managed to reconcile the unitary nature of sovereignty with the plurality of its uses, (...) mainly through a conception of the dual, vertical separation of functions, which implied degrees rather than kinds of sovereignty. While absolute sovereignty belongs to God, Locke argued, relative sovereignty, separated into “potential” and “actual” sovereignty, is vested in the community on the grounds of the Edenic testament with God. The community, established by a fundamental, single contract, is divided into “society”—to fulfil the function of legislation, which signifies the potential sovereignty of the community, so as to cultivate common law , and into “government”—to undertake the execution, which signifies the actual sovereignty of the king, of common law so as to procure common wealth. (shrink)
Futility is not a purely medical concept. Its subjective nature requires a balanced procedural approach where competing views can be aired and in which disputes can be resolved with procedural fairness. Law should play an important role in this process. Pure medical models of futility are based on a false claim of medical sovereignty. Procedural approaches avoid the problems of such claims. This paper examines the arguments for and against the adoption of a procedural approach to futility determination.
While theorists of cultural pluralism have generally supported tribal sovereignty to protect threatened Native cultures, they fail to address adequately cultural conflicts between Native and non-Native communities, especially when tribal sovereignty facilitates illiberal or undemocratic practices. In response, I draw on Jürgen Habermas' conceptions of dis-course and the public sphere to develop a universalist approach to cultural pluralism, called the 'intercultural public sphere', which analyzes how cultures can engage in mutual learning and mutual criticism under fair conditions. This (...) framework accommodates cultural diversity within formally universalistic parameters while avoiding four common criticisms of universalist approaches to cultural pluralism. But this framework differs from that of Habermas in two ways. First, it includes 'subaltern' publics, open only to members of cultural subgroups, in order to counter relations of 'cultural power'. Second, it admits 'strong' publics, democratic institutions with decision-making powers. Finally, I show how the subaltern, strong institutions of tribal sovereignty contribute to the fair discursive conditions required for mutual learning and mutual critique in an intercultural public sphere. Key Words: Habermas • Kymlicka • Native peoples • sovereignty • tribal. (shrink)
Argues for an interpretation of Iris Murdoch on which her account of moral reasons has Platonic roots, and on which she gives an ontological proof of the reality of the Good. This reading explains the structure of "Sovereignty," how Murdoch's claims differ from a focus on "thick moral concepts," and how to find coherent arguments in her book.
The debate on the nature of the European Union has become a test case of the kind of political and institutional arrangements appropriate in an age of globalization. This paper explores three views of the EU. The two main positions that have hitherto confronted each other appeal to either cosmopolitan or communitarian values. Advocates of the former argue for some form of federal structure in Europe and are convinced that the sovereignty of the nation state belongs to the past. (...) Proponents of the latter make a case on both socio-political and normative grounds for a Europe of nations. However a third position, favoured by the authors, is gaining ground. This view combines cosmopolitan and communitarian conceptions. It emphasises the mixed nature of the European polity and conceives the constitutionalization process as open-ended. The paper concludes that from this perspective a bricoleur's Europe of ‘bits and pieces’may not necessarily lack justification and legitimacy. (shrink)
Schanbacer, William D: The Politics of Food: The Global Conflict Between Food Security and Food Sovereignty Content Type Journal Article DOI 10.1007/s10806-010-9267-1 Authors Cornelia Butler Flora, Iowa State University 317 East Hall Ames IA 50011-1070 USA Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863.
Although critical of what she calls the `antipolitical' forces of love and sovereignty, Arendt reluctantly embraces these aspects as the basis of politics itself. I explain this paradox by arguing that Arendt seeks to balance Greek and Roman notions of freedom with modern conceptions of the will. The solipsistic will poses a threat to politics (it is the source of sovereignty itself). Yet the will is a fact of modern life and cannot be ignored. I argue that despite (...) her embrace of classical understandings of freedom as contingency, Arendt seeks to limit contingency and even freedom itself. She does this to accommodate the will which must have some sense of agency and continuity in order to be able to function at all. Arendt argues that sovereignty can, if properly constrained, produce a `certain limited reality' and can (along with love) serve as a basis for politics. I claim that Arendt sacrifices her classical ideals, allowing for the possibility of a modern, lesser version of freedom (which in her view is better than no freedom at all). Key Words: love • promising • sovereignty • will. (shrink)
Governments, producers, and international free tradeorganizations like the World Trade Organization (WTO) areincreasingly confronted with consumers who not only buy (or don''tbuy) goods, but also demand that those goods are producedconforming to certain ethical (often diverse) standards. Not onlysafety and health belong to these ethical ideals, but animalwelfare, environmental concerns, labor circumstances, and fairtrade. However, this phantom haunts the dusty world of social andpolitical philosophy as well. The new concept ``consumersovereignty'''' bypasses the conceptual dichotomy of consumer andcitizen.According to the narrow (...) liberal response to this newconstellation, with respect to food one should conceptualizeconsumer sovereignty as the right of the individual consumer toget information on food products and to make his or her ownchoice on the market of food products. In this conception, thereis a very strong emphasis on rules and principles with respect tothe autonomy of individuals. (shrink)
This article focuses on theoretical reflections on sovereignty and constitutionalism in the context of the globalization and Europeanisation of the nation states, their politics, and legal systems. Starting from a critical assessment of the Kelsen-Schmitt polemic, the author claims that sovereignty needs to be analysed by the sociological method in order to disclose its current structural differentiation. The constitution of society may be imagined as the multitude of self-constituted and functionally differentiated social subsystems. The constitutional pluralism argument subsequently (...) reconceptualizes sovereignty as socially differentiated and divided between specific subsystems. The EU's differentiated constitutional domain and the paradox of divided sovereignty are used as examples of profound structural and semantic changes in contemporary national and transnational societies. While the sovereign nation-state institutions have become marginalized in political structures of European societies, the self-constitutionalization of the functionally differentiated EU legal system proceeds by internalizing the concept of divided sovereignty and using it semantically as its mode of self-reference. (shrink)
TO assert that one should come to terms with the past if one wants to understand the present would be to underline the obvious. And yet, even though we know much more of the history of natural rights theories now, especially of the origin of these theories before the seventeenth century, than we did, say, twenty years ago, this increase in knowledge seems to have had little impact on contemporary philosophical discussions about the nature of rights. Sometimes it seems that (...) philosophers, especially the more analytically minded ones, regard the history of ideas as a separate subject with little or no relevance to their research. One of the reasons might be a tendency to regard conceptual analysis of rights as being relatively impartial between different theories in which these concepts might function. Even those who would allow for a close connection between a certain conception of the nature of rights and a theory of rights would find it prudent to distinguish more or less sharply between the question of what it means to have a right on the one hand, and the question which rights we have on the other hand. I would like to suggest that concepts of rights are the concepts of a theory and that we need to understand the theories from which they have emerged in order to fully understand contemporary rights language. One way of making this claim plausible would be to focus on an issue that has become central to contemporary debates about rights, that is, the conception of the rights-holder as a sovereign individual. I believe that our notion of individual sovereignty wavers between two quite different conceptions of sovereignty. The difference between the two will become obvious if we consider the relation between moral rights and more general moral obligations that people might have. I will then draw attention to a recent account of the history of natural rights theories. The point of doing so is this: if the account is true, then we have to acknowledge that ‘our’ ideas of natural rights (and especially of the sovereignty that people are supposed to possess according to these theories) have.... (shrink)
Reflecting on the fall or failure of sovereignty, this essay considers Derrida’s recent work under the heading of auto-immunity, and develops some consequences of that work, first of all in the political sphere (especially around democracy), but also some more general consequences around conceptuality itself.
We argue that consumer sovereignty in an increasingly high tech world is more of a fiction than a fact. We show how the principle of consumer sovereignty that governs the societal impact of economic competition is no longer valid. The world of high tech is increasingly responsible for changes in the opportunity, ability, and motivation of business firms to compete. Furthermore, the world of high tech is increasingly responsible for changes in the opportunity, ability, and motivation of consumers (...) to engage in rational decision making. We conclude that we cannot rely on consumer sovereignty to maintain a thriving economy. Instead, we need to develop performance standards designed to meet the demands of the various stakeholders of the organization. (shrink)
H. Wittman, A. Desmarais, and N. Wiebe (eds.): Food Sovereignty: Reconnecting Food, Nature and Community Content Type Journal Article Category Review Paper Pages 1-3 DOI 10.1007/s10806-012-9375-1 Authors Charles Francis, Department of Agronomy and Horticulture, UNL, 279 Plant Science, Lincoln, NE 68583-0915, USA Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863.
This article uses Hans Kelsen's theory of a legal system to take a fresh look at European Community law, and the relationship between the European Community, its Member States, and international law. It argues that the basis of the Community's legal legitimacy is indeterminate, and offers a model to accommodate that indeterminacy. This model is founded on a constructivist approach suggested to be particularly useful in the EC context. Using this approach, it is argued that the concepts of system, autonomy (...) and sovereignty in the Community can only be understood through the recognition of a plurality of viewpoints, and that it is crucial, in describing the Community, to distinguish between a concept per se and the choice to adopt that concept. (shrink)
Social liberals and liberal nationalists often argue that cosmopolitans neglect the normative importance of state sovereignty and self-determination. This paper counter-argues that, under current global political and socio-economic circumstances, only the establishment of supranational institutions with some (limited, but significant) sovereign powers can allow states to exercise sovereignty, and peoples? self-determination, in a meaningful way. Social liberals have largely neglected this point because they have focused on an unduly narrow, mainly negative, conception of state sovereignty. I contend, (...) instead, that we should more closely consider the positive aspects of sovereignty, understood as the capacity to maintain internal problem-solving capacities and make meaningful discretionary choices on a range of national issues. (shrink)
In her target article “Shared health governance” (AJOB 11(7): 32-45, 2011) and in her book Health and Social Justice (2009), Jennifer Prah Ruger defends an original model of governance dubbed “Shared Health Governance” (SHG). This model borrows elements from many other models of governance, and one may wonder what is the secret sauce that holds together these diverse ingredients. In response, Ruger would perhaps ultimately turn to public moral norms. My comment raises some concerns about the function and content of (...) these norms in her model and their connection to her claims about shared sovereignty within SHG. (shrink)
Is sovereignty in Hobbes the power of a person or of an office? This article defends the thesis that it is the latter. The interpretation is based on an analysis of Hobbes's version of the social contract in Leviathan . Pace Quentin Skinner, it will be argued that the person whom Hobbes calls “sovereign“ is not a person but the office of government.
I have defended the view that God’s complete sovereignty over the universe, which requires that he be creatively responsible for our decisions, is compatible with libertarian free will. William Rowe interprets me as holding that this is entirely owing to God’s being timelessly eternal, and argues that God’s decisions as creator would still be determining in a way that destroys freedom. His argument overlooks an important part of my view-an account of creation according to which God’s will as creator (...) does not stand as an independent determining condition of our own. I try here to clarify that account, and to show that Rowe’s criticisms leave it untouched. (shrink)
I have defended the view that God’s complete sovereignty over the universe, which requires that he be creatively responsible for our decisions, is compatible with libertarian free will. William Rowe interprets me as holding that this is entirely owing to God’s being timelessly eternal, and argues that God’s decisions as creator would still be determining in a way that destroys freedom. His argument overlooks an important part of my view-an account of creation according to which God’s will as creator (...) does not stand as an independent determining condition of our own. I try here to clarify that account, and to show that Rowe’s criticisms leave it untouched. (shrink)
Iris Murdoch held that states of mind and character are of the first moral importance, and that attention to one's states of mind and character are a widespread source of moral failure. Maintaining both of these claims can lead to problems in the account of how one could become good. This paper explains the way in which Murdoch negotiated those problems, focusing, in particular on /The Sovereignty of Good/ and /The Nice and The Good/.
Common goods and political sovereignty of nation-states are intertwined, since without government the orderly treatment of common goods would be unlikely. But large corporations, especially global multinationals, reshape and restrict national sovereignty through economic forces. Consequently, corporations have specific social responsibilities. This article articulates those responsibilities as they pertain to managing common goods.
We pose the question: Is consumer sovereignty in the healthcare market fact or fiction? Consumer sovereignty in healthcare implies that society benefits at large when healthcare organizations compete to develop high quality healthcare products while reducing the cost of doing business (reflected in low prices), and when consumers choose wisely among healthcare products by purchasing those high quality products at low prices. We develop a theoretical model that encourages systematic empirical research to investigate whether consumer sovereignty in (...) healthcare is fact or fiction. In doing so, we develop a series of theoretical propositions that may demonstrate that consumer sovereignty is more fiction than fact. Specifically, healthcare consumers lack the ability, motivation, and opportunity to choose healthcare products that are high in quality and low in price. Similarly, healthcare firms lack the ability, motivation, and opportunity to compete in ways to develop and market higher quality products at lower prices. (shrink)
Contemporary scholars writing on sovereignty can be roughly divided between those who believe that we should get rid of the concept (because it is inherently confusing, or essentially contested) and those who grant many of the criticisms of the first group, but add that we nevertheless cannot do without the concept, since much of our thinking about politics in general, and the state in particular, seems to be structured by this notion. I hope to demonstrate that much of the (...) confusion surrounding the notion is due precisely to fact that sovereignty is an inherently religious concept. (shrink)
In this article I respond to James Martel’s essay ‘ Amo: Volu ut sis : Love, willing, and Arendt’s reluctant embrace of sovereignty’. Martel offers us a provocative account of how Arendt might have attenuated her most severe rejections of the concept of sovereignty in light of the necessity of some version of sovereignty in modern times. However, I argue that Martel misreads Arendt, drawing inferences from Arendt’s inner/outer distinction that do not follow from Arendt’s own logic. (...) Instead of this distinction, I claim that Arendt’s rejection of sovereignty must be understood in the context of her affirmation of natality, and that a consistent reading of Arendt reveals an unstinting rejection of sovereignty, for both good and ill. (shrink)
In this essay I investigate conceptual foundations of populist ideological attempts to decontest the language, symbols and ambitions of popular sovereignty. Using Michael Freeden's morphological approach to analysing ideologies, I argue that unpacking the conceptual basis of populist incursions into contemporary political narratives sheds important light on left?right contests over the nature of democracy. From this vantage point, we see that forces on the left and right contest the normative and policy implications of three key features in populism's normative (...) democratic core: (1) the relationship between popular sovereignty and representation; (2) the nature of equality; and (3) the political economy of the conflict between ?the people? and elites. (shrink)
Trata-se, neste artigo, de discutir a novidade introduzida por Rousseau em relação à noção moderna de soberania, que tem Bodin como representante fundador. A análise toma por objeto a relação entre soberania e leis civis, a qual é compreendida nos termos da oposição, encontrada no Contrato social, entre justiça natural e justiça civil. This paper discusses the new ideas introduced by Rousseau in relation to the modern notion of sovereignty, of which Bodin is the representative founder. The analysis takes (...) as its subject the relation between sovereignty and civil laws, which is comprehended in terms of the opposition between natural justice and civil justice found in the Social Contract. (shrink)
In this essay two photographs taken during the events (2011) at Dale Farm and at Meriden—both involving issues of gypsy and traveller settlement in rural areas—are analysed and interpreted in some depth. Use is thereby made of Izaak Walton’s The Compleat Angler (1653). This book, as is argued in this contribution, includes, in embryonic form, a whole imaginary of forms of sovereignty which, it could be said, is still to a significant extent structuring conflicts between gypsy and traveller communities (...) on the one hand, and rural residents on the other. The exploration of Walton’s imaginary in which supposed compleat contemplators are pitched against intransigent, dogmatic, pertinacious schismaticks, enables us to tease out images of nomadism and sovereignty and allows us to argue how the clash of imaginary sovereignties both at Dale Farm and at Meriden is, at the core, a clash of irreconcilable forms of life which, each, rest upon what existentialists would call an original, radical choice. We conclude with some notes on the need to acknowledge but also to interrogate, in and during conflicts between gypsies and travellers and rural residents, the radical nature of the existential choices that underpin such conflicts. Without any such acknowledgement, and without any meta-communicative interrogation of the choices that underpin imaginary forms of life, one may not hope to be able bridge the chasm between radically chosen, diametrically opposed forms of life. (shrink)
This paper discusses sovereignty and examines in detail Hobbes's debates with the two leading legal theorists of his day, Coke and Hale, both Lord Chief Justices of the King's Bench. I argue that Hobbes came to change his mind somewhat about the desirability of divided sovereignty by the time, near the end of his life, that he wrote the Dialogue . But I also argue that Hobbes should have developed more than a very thin conception of the rule (...) of law. Hobbes should have been more open to the ideas that the jurists of his day were developing, especially the idea that the judiciary should have independent status. (shrink)
In their book entitled “Democracy and the American Party System” Austin Ranney and (Willmoore Kendall have brought a charge again the pluralists that they denied the desirability of creating sovereign state and as such, according to them, they were opponents of democracy as well as of the very idea of government. The aim of this paper is to refute their charge and thereby to establish the view that the pluralists are in fact strong supporters of democracy in the real sense (...) of the term and of popular sovereignty. What did most of them was that they made an attempt to bring to light the fact that democracy, as it is being practiced almost everywhere in the world, ultimately leads to denial of popular sovereignty, the basic element of self-government. Self-government can best be realized where the people is the real sovereign neither the state nor the numerical majority. And the government formed by the representatives elected in a traditional party-based election does not therefore, mean self-government. It can at best be called the government of the majority. Majority rule does not anyway mean democracy. It may be called ‘numbersocracy’ after the proper terminology of Ranney and Kendall. Democracy, de facto, is nothing other than majority rule that is best termed by John Calhoun, the ex-vice-president of the U.S.A, as the ‘rule by numerical majority’. ‘Numerical’ majority”, says he, “is not the people”. I strongly adhere to the pluralists’ view and therefore, conclude with an insistent assertion that numerical majority rule in disguise of democracy has in fact ruled out popular sovereignty. (shrink)
The Sovereignty of Reason is a survey of the rule of faith controversy in seventeenth-century England. It examines the arguments by which reason eventually became the sovereign standard of truth in religion and politics, and how it triumphed over its rivals: Scripture, inspiration, and apostolic tradition. Frederick Beiser argues that the main threat to the authority of reason in seventeenth-century England came not only from dissident groups but chiefly from the Protestant theology of the Church of England. The triumph (...) of reason was the result of a new theology rather than the development of natural philosophy, which upheld the orthodox Protestant dualism between the heavenly and earthly. Rationalism arose from a break with the traditional Protestant answers to problems of salvation, ecclesiastical polity, and the true faith. Although the early English rationalists were not able to defend all their claims on behalf of reason, they developed a moral and pragmatic defense of reason that is still of interest today. Beiser's book is a detailed examination of some neglected figures of early modern philosophy, who were crucial in the development of modern rationalism. There are chapters devoted to Richard Hooker, the Great Tew Circle, the Cambridge Platonists, the early ethical rationalists, and the free-thinkers John Toland and Anthony Collins. (shrink)
Diverse meanings of ‘sovereignty’ and ‘exchange’ force us to interrogate the implicit ontology of states and the associated assumptions about will, matter and spirit used by political theorists, evoking different religious and political traditions. This article contrasts the notion of ‘sovereignty’ found in Joseph Tonda’s Le Souverain Moderne (2005) with the one found in Michael Hardt and Antonio Negri’s Empire (2000). Tonda’s text, I argue, challenges and complicates the appropriateness of referring to early Christianity as a model for (...) resistance to global capitalism in Empire . To help with this contrast, I draw on two Central African authors, Emmanuel Dongala (2006) and Joseph Mwantuali (2007), whose novels illustrate the supernatural as well as thoroughly material significance of state power, wealth and sexuality in the modern Sovereign. (shrink)
Transnational integration and other challenges to the nation-state have deprived it of its mystique and broken the automatic link between state and nation. This has encouraged the revival of stateless nationalisms, but also provided new means for their accommodation. The author argues that these changes call for a radical rethinking of the nature of sovereignty and of the state itself to meet the twin challenges of recognition of nationality and of democracy. Drawing on the experience of four plurinational states (...) - United Kingdom, Spain, Belgium, and Canada - and of the European Union, he analyses the challenges of plurinationalism and its recognition. -/- Keating argues that we are not moving to a world without states, but to a complex political order with multiple sites of sovereign authority, and asymmetrical constitutional arrangements. This political order is new but at the same time old, as traditions of diffused authority and shared sovereignty, from before the rise of the nation-state, are rediscovered and rehabilitated. Democracy can no longer be confined to the framework of the nation-state but must extend to the new political spaces which are emerging above and below the state. Political movements and public opinion in the stateless nations are increasingly embracing these ideas and are the harbingers of a post-sovereign political order. (shrink)
Machine generated contents note: Introduction: the celestial voice; 1. Rousseau's concept of law; 2. Agenda-setting and majority rule; 3. Democracy and vote rigging; 4. Popular sovereignty and the republican fear of large assemblies; 5. Enforcing the laws in Poland and Corsica; 6. Judging the laws/when legislation fails; Conclusion: law and liberty; Selected bibliography; Index.
During the final decade of his life, Jacques Derrida came to use the trope of autoimmunity with greater and greater frequency. Indeed it today appears that autoimmunity was to have been the last iteration of what for more than forty years Derrida called deconstruction. This essay looks at the consequences of this terminological shift for our understanding not only of Derrida's final works (such as Rogues) but of his entire corpus. By taking up a term from the biological sciences that (...) describes the process by which an organism turns in quasi-suicidal fashion against its own self-protection, Derrida was able to rethink the very notion of life otherwise and demonstrate the way in which every sovereign identity, from the self to the nation-state to, most provocatively, God, is open to a process that both threatens to destroy it and gives it its only chance of living on. (shrink)
Critics of state sovereignty have typically challenged the state’s right to close its borders to foreigners by appeal to the liberal egalitarian discourse of human rights. According to the liberty argument, freedom of movement is a basic human right; according to the equality or justice argument, open borders are necessary to reduce global poverty and inequality, both matters of global justice. I argue that human rights considerations do indeed mandate borders considerably more open than is the norm today but (...) that, no matter how radical in its critique of state sovereignty, human rights discourse fails to address a crucial feature of this ideology. It is not enough to engage in a substantive moral argument about what the state’s moral duties are. One must also address the procedural political question of who has the legitimate authority to decide what rights and duties to act on in cases of disagreement. In addition to human rights discourse, I argue, border activists must also draw on the challenge posed to the doctrine of state sovereignty by the democratic theory of popular sovereignty. According to democratic theory, the people subject to the state’s coercive exercise of political power, and not the state itself, is ultimately the sovereign arbiter of political questions. And because foreigners are subject to the state’s border laws, democratic theory requires granting them a participatory say in setting those laws. (shrink)
The intertwining: the recursion of the seer and the seen -- Artificial intelligence and the phenomenology of flesh -- Aesthetic education and the project of being human -- The intertwining of incommensurables: Yann Martel's life of Pi -- Flesh and the limits of self-making -- Violence and embodiment -- Excessive presence and the image -- Politics and freedom -- Sovereignty and alterity -- Political violence -- Public space -- Sustaining the other: tolerance as a positive ideal -- Forgiveness and (...) incarnation. (shrink)
While cosmopolitans are right to think that state sovereignty is derived from individuals, many cosmopolitan accounts can be too demanding in their expectations for illiberal regimes because they do not account for the attitudes of the persons with who will subject to the intervention. These ‘objectivist’ accounts suggest that sovereignty is wholly a matter of a state’s conformity to the objective demands of justice. In contrast, for ‘subjectivist’ accounts, the attitudes of citizens do matter. Subjectivist cosmopolitans do not (...) deny the objective demands of liberal justice, but argue that state sovereignty is at least partly a matter of the subjective attitude of citizens toward their state. This paper will highlight the reasons why such coercive impositions are troubling, and diagnose why objectivist theories characteristically fail to recognize them. It seeks to articulate a moderate kind of subjectivist cosmopolitanism that balances a liberal concern for rights with a worry about the imposition of political institutions or practices on a people that does not accept them. (shrink)
This article presents possible answers, and their respective probabilities, to the question, ‘What are the consequences of the present global crisis in the proximate future of the World System?’ It also attempts to describe the basic characteristics of the forthcoming ‘Epoch of New Coalitions’ and to forecast certain future conditions. Among the problems analyzed in this paper are the following: What does the weakening of the economic role of the USA as the World System centre mean? Will there be a (...) leader in the future World System? Will the deficit of global governance and world fragmentation continue to worsen? How can national sovereignty be transformed? (shrink)
Let me begin with a wisp of political history. According to the Earl of Clarendon, in 1639 the king’s “three kingdoms [were] flourishing in entire peace and universal plenty.”1 Yet by 1642 civil war had broken out, and in 1649 the king was beheaded. What had caused this breakdown of civil and political order, a breakdown that was not localized in England but, in fact, rife throughout Europe—1648 like 1848 was a year of revolutions? Clarendon himself is less than acute (...) on the matter, opting generally for a conspiracy theory in which the traitorous plots of ill men were the cause of the rebellion. In his book Behemoth —whose title stands for the Long Parliament, which sat in session from 1640 until the surviving .. (shrink)
Interrogating the relationship of the sovereign power of the nation state to the scientist's expert knowledge as a legitimating--and sometimes challenging- ...
Libertarian treatments of free will face the objection that an uncaused human decision would lack full explanation, and hence violate the principle of sufficient reason. It is argued that this difficulty can be overcome if God, as creator, wills that I decide as I do, since my decision could then be explained in terms of his will, which must be for the best. It is further argued that this view does not make God the author of evil in any damaging (...) sense. Neither does it impugn my freedom. God’s creative activity does not put in place any secondary causes that determine my decision; and his will does not stand as an independent determining condition either, since it is fully expressed in my decision alone. (shrink)
: The lies about the reasons for the U.S. war against Iraq provoked no mass public outcry in the United States against the war. What is the process of justification for this war, a process that seems to need no reasons? Mann argues that the process of justification is not a process of rational deliberation but one of aesthetic self-constitution, of rebuilding a masculine national identity. Included is a feminist reading of the National Defense University document Shock and Awe.
