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.

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)

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)

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 article argues that Schmitt’s concept of sovereignty and Gramsci’s notion of hegemony represent two distinct variations on a single theme, namely the idea of the political as the original instituting moment of society. Both Schmitt and Gramsci focused on the sources, conditions, content, and scope of the originating power of a collective will. While the former located it in the constituent power of the sovereign people, the latter placed it in the popular-national will of the modern hegemon. Both thinkers (...) explored the complex and perplexing relationship between radical founding acts and modern democratic politics in a secular age, that is of democratic legitimacy, where with the entrance of the masses into the political sphere, the references to ultimate foundation s of authority and to an extra-social source of political power had begun to appear more dubious than ever. The last section of the article develops a notion of hegemonic sovereignty defined as an expansive and positing democratic constituent prince, aiming, through founding, total decisions, at the overall, radical, explicit, and lucid institution of society. The article briefly shows how the concept of hegemonic sovereignty can solve some problems pertaining to Schmitt’s notion of sovereignty and to Gramsci’s theory of hegemony. In so doing, the article seeks to establish the mutually reinforcing qualities of the two concepts. (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)

Online controlled experiments, also known as A/B tests, have become ubiquitous. While many practical challenges in running experiments at scale have been thoroughly discussed, the ethical dimension of A/B testing has been neglected. This article fills this gap in the literature by introducing a new, soft ethics and governance framework that explicitly recognizes how the rise of an experimentation culture in industry settings brings not only unprecedented opportunities to businesses but also significant responsibilities. More precisely, the article (a) introduces a (...) set of principles to encourage ethical and responsible experimentation to protect users, customers, and society; (b) argues that ensuring compliance with the proposed principles is a complex challenge unlikely to be addressed by resorting to a one-solution response; (c) discusses the relevance and effectiveness of several mechanisms and policies in educating, governing, and incentivizing companies conducting online controlled experiments; and (d) offers a list of prompting questions specifically designed to help and empower practitioners by stimulating specific ethical deliberations and facilitating coordination among different groups of stakeholders. (shrink)

The impact of large digital corporations on our freedom is often lamented but rarely investigated systematically. This paper aims to fill this desideratum by focusing on the power of social media corporations and the freedom of their users. In order to analyze this relationship, I distinguish two forms of freedom and two corresponding forms of power. Social media corporations extend their users’ freedom of choice by providing many new options. This provision, however, comes with the domination by these corporations because (...) it is based on their power of uncontrolled interference. Users could escape this domination through exit. One reason why they do not choose this option is that they would lose the benefits associated with the network effects provided by social media services. A second reason is that the power of social media corporations runs so deep that they are able to manipulate the autonomous decision-making processes of their users. Users are provided with many new avenues for authentic self-presentation on social media. By using them, however, users need to conform to a web interface that is designed by corporations to undermine self-control. Through these two mechanisms, corporations are able to promote an interest in users to present themselves on their platforms. Insofar as this works, they secure the users’ compliance to their domination through subjectivation. This double conjunction of choice and domination, on the one hand, and autonomy and subjectivation, on the other, makes the case that the very power of corporate social media stems from their intrinsic connection to genuine practices of freedom. (shrink)

Edmund Husserl is regarded as the founder of transcendental phenomenology, one of the major traditions to emerge in twentieth-century philosophy. In this book Andrea Staiti unearths and examines the deep theoretical links between Husserl's phenomenology and the philosophical debates of his time, showing how his thought developed in response to the conflicting demands of Neo-Kantianism and life-philosophy. Drawing on the work of thinkers including Heinrich Rickert, Wilhelm Dilthey and Georg Simmel, as well as Husserl's writings on the natural and human (...) sciences that are not available in English translation, Staiti illuminates a crucial chapter in the history of twentieth-century philosophy and enriches our understanding of Husserl's thought. His book will interest scholars and students of Husserl, phenomenology, and twentieth-century philosophy more generally. (shrink)

We argue that there are three coherent, nontrivial notions of basic-ness: conceptual basic-ness, biological basic-ness, and psychological basic-ness. There is considerable evidence for conceptually basic emotion categories (e.g., “anger,” “fear”). These categories do not designate biologically basic emotions, but some forms of anger, fear, and so on that are biologically basic in a sense we will specify. Finally, two notions of psychological basic-ness are distinguished, and the evidence for them is evaluated. The framework we offer acknowledges the force of some (...) of the objections to basic emotion theory whilst demonstrating that the notion of a basic emotion, once properly reformulated, is still of scientific value. (shrink)

One of the most enigmatic and inevitably most suggestive words that Hölderlin’s philosophical work delivers to us is the neologism introduced in the summer of 1799: aorgisch, aorgic. A principle that is both ontological and mimetic, the aorgic undoubtedly represents the presence of the sublime in Hölderlin, albeit concealed terminologically, but also a particular declination that makes it not always easy to assimilate to the theories of the eighteenth-century and romantic sublime. This paper attempts to probe the role played by (...) the aorgic in the configuration of an aesthetics of the tragic by considering two precise moments: the writing, Grund zum Empedokles, which seeks to give speculative legitimacy to the unfinished tragedy on Empedocles, and the notes that accompanied the translations of Sophocles that Hölderlin published in 1804. Interpreted as the dimension of the formless, but also of the possible, the aorgic is necessarily thought by Hölderlin always next to its opposite pole, the organic, that is the dimension of the human in the broad sense (art, culture, history). The relationship between these two poles is not only dialectical, along the lines of Fichte’s Wechselwirkung, but also analogical, recovering that relationship between physis and techne that Aristotle had already indicated in the second book of Physics. The aorgic therefore represents the necessary alienation to which nature is subjected in order to become culture (or art), a passage that, from the point of view of traditional aesthetic categories, could be read as the transition from the (natural) unrepresentability of the sublime to the (cultural) configuration of the beautiful: from chaos to form. (shrink)

A new and comprehensive look at the reasons behind successful or failed nation building Nation Building presents bold new answers to an age-old question. Why is national integration achieved in some diverse countries, while others are destabilized by political inequality between ethnic groups, contentious politics, or even separatism and ethnic war? Traversing centuries and continents from early nineteenth-century Europe and Asia to Africa from the turn of the twenty-first century to today, Andreas Wimmer delves into the slow-moving forces that (...) encourage political alliances to stretch across ethnic divides and build national unity. Using datasets that cover the entire world and three pairs of case studies, Wimmer's theory of nation building focuses on slow-moving, generational processes: the spread of civil society organizations, linguistic assimilation, and the states' capacity to provide public goods. Wimmer contrasts Switzerland and Belgium to demonstrate how the early development of voluntary organizations enhanced nation building; he examines Botswana and Somalia to illustrate how providing public goods can bring diverse political constituencies together; and he shows that the differences between China and Russia indicate how a shared linguistic space may help build political alliances across ethnic boundaries. Wimmer then reveals, based on the statistical analysis of large-scale datasets, that these mechanisms are at work around the world and explain nation building better than competing arguments such as democratic governance or colonial legacies. He also shows that when political alliances crosscut ethnic divides and when most ethnic communities are represented at the highest levels of government, the general populace will identify with the nation and its symbols, further deepening national political integration. Offering a long-term historical perspective and global outlook, Nation Building sheds important new light on the challenges of political integration in diverse countries. (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)

A growing number of consumer technology companies are aiming to convince older people that humanoid robots make helpful tools to support aging-in-place. As hybrid devices, socially assistive robots (SARs) are situated between health monitoring tools, familiar digital assistants, security aids, and more advanced AI-powered devices. Consequently, they implicate older people’s privacy in complex ways. Such devices are marketed to perform functions common to smart speakers (e.g., Amazon Echo) and smart home platforms (e.g., Google Home), while other functions are more specific (...) to older people, including health and safety monitoring and serving as companions to mitigate loneliness. Privacy is a key value central to debates about the ethics of using SARs in aged care, yet there has been very little interchange between these debates and the robust theoretical discussion in the legal literature about the future of privacy and AI governance. Drawing on two qualitative studies of older people’s views on consumer SARs, the paper contributes novel findings about older people’s thinking on privacy and data governance at the intersection of their experiences with present day digital technologies and projections for future AI systems, and places their views in dialogue with debates about the future of privacy protection and AI governance. (shrink)

According to Arti Dhand, it can be argued that all Indian ethics have been primarily virtue ethics. Many have indeed jumped on the virtue bandwagon, providing prima facie interpretations of Hindu, Jain, and Buddhist canons in virtue terms. Others have expressed firm skepticism, claiming that virtues are not proven to be grounded in the nature of things and that, ultimately, the appeal to virtue might just well be a mere façon de parler. In this paper, we aim to advance the (...) discussion of Indian virtue ethics. Our intent is not to provide a catch-all interpretation of the different Indian schools. Our goal is, more modestly, to offer a theory of virtues in Indian philosophies, as a framework for theorists and interpreters who see these diverse traditions as amenable to systematic virtue analysis. Our theory grounds virtues in the reality of genuine moral dispositions and in a system of beliefs where morality is understood as transformative in nature. (shrink)

This chapter contains sections titled: Introduction Nihilism Skepticism Nihilism and Skepticism.

This paper offers a theory of spatial indexicals like _here_ and _there_ on which such expressions are variables associated with presuppositional constraints on their values. I show how this view handles both referential and bound uses of these indexicals, and I propose an account of what counts as the location of the context on a given occasion. The latter is seen to explain a wide range of facts about what the spatial indexicals can refer to.

Armstrong famously argued in favour of introducing totality facts in our ontology. Contrary to fully negative (absence) facts, totality facts yield a theory of “moderate” or “partial” negativity, which allegedly provides an elegant solution to the truthmaking problem of negative claims and, at the same time, avoids postulating (many) first-order absences. Friends of totality facts argue that partial negativity is (i) tolerable vis-à-vis the Eleatic principle qua mark of the real, and (ii) achieves a significant advantage in terms of ontological (...) parsimony. But are totality facts, which are partially negative, really more ontologically acceptable than fully negative facts? In this paper, we argue that, comparatively, the case for totality facts is weaker than commonly assumed and that, ultimately, the answer is negative. (shrink)

This book explores the relationship between democracy and republicanism, and its consequences; and articulates new theoretical insights into connections between liberty, law and democratic politics.

El fenómeno originario de la pertenencia explicita uno de los problemas fundamentales de la tradición filosófica continental: la relación cuerpo-mundo. Dicha relación se ha construido tradicionalmente a partir de la propia mismidad del sujeto (Yo) o de su corporalidad, afirmando que es porque tengo un cuerpo que puedo decir que pertenezco a un mundo. Ante esta problemática se alza una fenomenología de la pertenencia propuesta por R. Barbaras, la cual expresa la necesidad de re-pensar la concepción de la subjetividad, así (...) como la necesidad de una inversión en la relación cuerpo-mundo a partir de la pertenencia al mundo del propio sujeto. Ahí es donde aparece el verdadero sentido y alcance ontológico de la experiencia del cuerpo puesto que tener un cuerpo no significa otra cosa más que pertenecer y la aparición sólo podrá darse desde dentro del mundo, a partir de nuestra inscripción en él. Así, la ecología corporal constituirá un ejemplo específico que muestra el alcance de dicha inversión y explicitará el parentesco ontológico entre el cuerpo y el mundo. (shrink)

At the onset of quantum mechanics, it was argued that the new theory would entail a rejection of classical logic. The main arguments to support this claim come from the non-commutativity of quantum observables, which allegedly would generate a non-distributive lattice of propositions, and from quantum superpositions, which would entail new rules for quantum disjunctions. While the quantum logic program is not as popular as it once was, a crucial question remains unsettled: what is the relationship between the logical structures (...) of classical and quantum mechanics? In this essay we answer this question by showing that the original arguments promoting quantum logic contain serious flaws, and that quantum theory does satisfy the classical distributivity law once the full meaning of quantum propositions is properly taken into account. Moreover, we show that quantum mechanics can generate a distributive lattice of propositions, which, unlike the one of quantum logic, includes statements about expectation values which are of undoubtable physical interest. Lastly, we show that the lattice of statistical propositions in classical mechanics follows the same structure, yielding an analogue non-commutative sublattice of classical propositions. This fact entails that the purported difference between classical and quantum logic stems from a misconstructed parallel between the two theories. (shrink)