Sovereignty

ABSTRACT: Debates about global distributive justice focus on the gulf between the wealthy North and the impoverished South, rather than on issues arising between liberal democracies. A review of John Rawls’s approach to international justice discloses a step Rawls skipped in his extension of his original-position procedure. The skipped step is where a need for the distributional autonomy of sovereign liberal states reveals itself. Neoliberalism denies the possibility and the desirability of distributional autonomy. A complete Rawlsian account of global justice (...) shows the necessity and possibility of a charter between liberal states, assuring each a proper minimum degree of distributional autonomy. (shrink)

Power and leadership are typically theorized as exercises of sovereignty in the western tradition of thought. This essay takes up Michel Foucault’s challenge to escape the ‘spell of monarchy’ in our thinking in order to move beyond sovereign models of power. Interdisciplinary scholarship on complex adaptive systems provides fertile ground for this endeavor, illustrating the dynamics of post-sovereign power and opportunities for post-sovereign leadership. Viewing human organizations as complex adaptive systems helps us to theorize leadership without over-simplifying its nature or (...) exaggerating its potential. It also undermines the prevailing identification of sovereign power as the only antidote for anarchy. (shrink)

Recent critiques of attempts to ground constitutional legitimacy in the constituent power of a strong popular sovereign have tended to focus upon the tension between strong popular sovereignty and central assumptions of liberal constitutionalism. Foremost among these assumptions are the need to reconcile disagreement regarding controversial matters of common concern and the value of the rule of law. The weakness of such critiques, however, is that they presuppose a commitment to liberal principles and values that an advocate of strong popular (...) sovereignty need not share. In this paper, I argue that recourse to liberal assumptions is unnecessary in order to demonstrate the inability of a theory of strong popular sovereignty to issue in a viable account of constitutional legitimacy. Theories of constitutional legitimacy grounded in strong popular sovereignty and constituent power, I contend, simply lack the basic resources for an adequate theory of constitutional legitimacy because they do not offer normativ... (shrink)

I present three versions –Grimm, Offe and Streeck—of a general argument that is often used to establish that the EU-institutions meets a legitimacy-disabling condition, the so called “no demos” argument (II), embedding them in the context of the notorious “democratic deficit” suspicions against the legal system and practice of the EU (I). After examining the logical structure behind the no-demos intuition considered as an argument (III), I present principled reasons by Möllers and Habermas that show why the “no demos” argument (...) fails to have bite in discussions of the legitimacy and status of the supranational level in the multi-level EU-architecture. These are complemented by another principled reason arising from John Dewey’s conception of the “public” as a clearer alternative for the “popular” requirement of democratic legitimation (IV). I conclude that all three conceptions together suggest that the hunt after pre-politically existing peoples as foundations of democratic legitimacy expresses no more than methodological nationalism without any footing in the material and conceptual requirements of democratic legitimation. Given the absence of a principled problem with the legitimacy of the priority and interference of supranational EU-law in the national legal and political orders, there are thus also no principled reasons to abandon or discredit the European project in the absence of a European nation or society. (shrink)

The main claim of this chapter is that planetary defense against asteroids cannot be implemented under a decentralized model of democratic global governance, as espoused elsewhere in this book. All relevant indices point to the necessity of establishing a centralized global political authority with legitimate coercive powers. It remains to be seen, however, whether such a political system can be in any recognizable sense democratic. It seems unconvincing that planetary-wide physical-threat, all-comprehensive macrosecuritization, coupled with deep transformations of international law, global (...) centralization of core decision-making powers, de-stigmatization of nuclear weapons and the like can proceed, succeed, and be implemented in a non-hierarchical international system where planetary defense constitutes only one regime among many, and where states basically remain the decisive actors. Although rationally and scientifically robust, the project suffers from oversimplification, as well as naivety with respect to how both international and domestic politics works. Among other topics, this chapter discusses problems associated with the rule of law and constituent powers, political representation and sources of legitimacy, conditions of multilevel collective action, or limits of theoretical idealization. The general message is that the planetary defense community needs to be more aware of the social and political context of its own enterprise. (shrink)

In these extracts from longer essays, James Clifford deals with the question of the dynamics of indigenous cultures. Following the ideas of Jean-Marie Tjibaou, he exposes the different dialectics that inhabit the relations to place and localization of power with regard to their terms of articulation. Across the dialectics that variously link aboriginal histories and diasporas, origins and dislocations, and the relations between past, present and future, Clifford explores the array of indigenous arrangements tangled up in the post- and neo-colonial (...) situations and the stakes behind the reappropriation of sovereignty. (shrink)

The border is an area where the rule of law has often found difficulty taking root, existing as law-free zones characterized by largely unbounded legal and administrative discretion. In his important new book, The Rule of Law in the Real World, Paul Gowder deftly combines historical examples, formal models, legal analysis, and philosophical theory to provide a novel and compelling account of the rule of law. In this paper I consider whether the account Gowder offers can provide the tools needed (...) to bring the border under the rule of law. I argue that on Gowder’s account, there are two ways in which we might try to extend the rule of law to the border.The first is to look at concrete connections that current citizens or members of the political community have with non-citizens. Just as the interests of current citizens give them strong reasons to coordinate to establish the rule of law in their own community, so may the interests of current members in connections with nonmembers give them reason to work to extend the rule of law to the border. These interests can include family ties, other forms of personal relationships, offers of employment, intellectual connections, and others. Some of these connections already serve to give greater legal protections, including protections from arbitrary decision-making, to some non-citizens, and the general trend, I argue, can and should be further strengthened The second method for extending the rule of law to the border involves appealing to certain universal norms so as to build a sense of community that stretches beyond borders. While these norms are not as robust or well established as domestic law, and therefore are unlikely to extend all of the protections of the rule of law to all people at the border, they can, I argues, be a basis for working against the worst arbitrary actions by border officials. I conclude by considering the vexed dispute about providing “amnesty” for unauthorized immigrants in the United States and other countries. I argues that Gowder’s account of the amnesty provided to supporters of the oligarchic coups in ancient Athens provides a model for thinking about when and how amnesties for unauthorized migrants can be done without offending the rule of law, thereby making them more palatable to current citizens. (Please download this paper for free from SSRN on the link provided on this page). (shrink)

Development scholars and practitioners are promoting food security, food sovereignty, and the localization of food systems to prepare for the projected negative impacts of climate change. The implementation of biodiverse homegardens is often seen as a way not only to localize food production but also as a strategy in alignment with a food sovereignty agenda. While much scholarship has characterized and critiqued food security and sovereignty conceptualizations, relatively little research has examined people’s lived experiences in order to test how such (...) theoretical visions play out on the ground in farming communities. Based on a case study of four coffee cooperatives in northern Nicaragua, we examine a non-governmental organization -supported project promoting food security and sovereignty through development of homegardens. We ask: To what extent are homegardens an effective strategy to reach food sovereignty? And, why may farmers be resistant to changing their food production and consumption strategies to embrace biodiverse homegardens when they improve food security? We discuss characteristics of agroecological homegardens, the distinctions between food security, food sovereignty and dominant discourses of development, the history of food sovereignty in Nicaragua, and farmer perspectives on homegarden implementation. Despite historic critiques, NGOs are poised to facilitate the transformation of food and agricultural development by employing counter development strategies, a necessary step if homegardens are to be successful in the long term. To conclude, we propose some strategies NGOs and communities might pursue to move forward with homegardens as a food sovereignty strategy. This research suggests that a food sovereignty approach still rooted in mainstream development models faces significant obstacles to moving beyond food security and into a farmer-led food sovereignty agenda. (shrink)

The negotiations with the Ottomans over how exactly to define the boundary separating each party's domain were largely confused by a completely different set of criteria. The Ottomans constantly argued that the areas they claimed had historically and thus always formed part of the Ottoman territory. They installed troops in the areas in dispute and actually started to collect taxes, in part thanks to Muqbil's aggressive alliance-building. The longer this physical presence was maintained, the more difficult it was for the (...) British to argue that these areas were actually Dali. It was largely the growing insurgency in Ottoman Yemen, in some respects a product of British machinations, that ultimately led to the 1903 capitulation by the Ottoman authorities to British demands for formal control of the Dali plateau. (shrink)

Leonardo Bruni’s well-known oration, the Laudatio Florentinae urbis, has long stood at the center of discussions on the emergence of the modern republican state. Recent historiographical trends have emphasized the degree to which Bruni’s oration represents a propagandistic attempt both to portray Florence as a territorial power of Northern Italy keen to impose its sovereign authority on neighboring polities and as a republic intent on fashioning an image of itself as a popular sovereignty. It is in this second element of (...) Bruni’s oration that we can discover his rhetorical purposes: he needed to give a distorted image of Florence as enjoying “popular” rule precisely because Florence was in fact moving in the opposite direction towards a more oligarchic concentration of political authority. The essay investigates the changes contemplated in revisions to Florence’s juridical codes at precisely the time of the oration’s composition, suggesting that when these two sources are juxtaposed, Bruni’s oration appears as a strongly ideological literary work the rhetorical gestures of which camouflage the actual historical and legal developments of Florence’s political life in the early fifteenth century. (shrink)

The article examines the distinction between the state of emergency and the normal state and an inherent undecidability at the base of the distinction. We argue that states of emergency arise from strategic sovereign decisions to divide visible from invisible, enemy from ally, underground economy from above-ground, illegitimate war from legitimate war. The capacity to so divide is manifested, for instance, in the technology of air raid sirens in a way that indicates the momentum of the technicity that covertly underlies (...) sovereign power. The article, furthermore, shows how the distinction between the visible and the invisible can serve as a mystification, perpetuating the state of emergency by disguising the intrinsic connection between the two domains. (shrink)

Though the notion of the free, or self-governed community, originated in ancient Greece, the Greek polis seems to pose a problem for the modern post-Hobbesian concept of sovereignty. For the latter presupposes that of the State, that is an agency which monopolizes the use of violence, as an instrument by which sovereignty is constituted. Yet, the polis was not a State but rather what the anthropologists call a stateless community. The latter is characterized by the absence of ‘government’, that is (...) of an agency which has separated itself from the rest of social life and which monopolizes the use of violence. In stateless societies the ability to use force is more or less evenly distributed among armed or potentially armed members of the community. Being stateless, then, in what sense can we say that the polis was sovereign? On the practical level the Greek polis had a very limited ability to control and direct legislation. The decentralised nature of Greek society and the absence of coercive apparatuses meant that the laws had to be identical with the customs of the community or else that decisions had to be shared by a wide consensus, which imposed a severe limitation on the ability of the poleis to change their laws or initiate changes in the community. On the theoretical level, the absence of a State was complementary to the absence of the notion of sovereign, whether it is a person or an institution or a body which was above the law and a source of the law. Thus Greek ‘republicanism’ was different from the modern one in as much as it did not have the notion of ‘the people’ as a constituting element and Greek ‘rule of law’ lacked the modern notion of a positive open legislation. (shrink)

This essay presents a reading of the use of wonder in the political philosophy of Thomas Hobbes. In this essay, I argue that not only did Hobbes incorporate the ancient conception of wonder into his design for the emotional apparatus of the modern sovereign state, but that when he did so he also transformed it and other concepts. Previous scholars have paid close attention to Hobbes’s confrontation with ancient philosophy, but there has been no sustained study of Hobbes’s use of (...) wonder, which was a concern of his over the entire course of his authorship. More broadly, this study opens up a place for the study of wonder in contemporary political theory as part of the broader reassessment of emotion. (shrink)

This study, the first of its kind in English, presents an overview of Slovak intellectual history in the 19th century, including the debates surrounding the memorandum of 1861, the political stagnation of the 1880s, characterized by an increasingly Russophile orientation, and, finally, Czechoslovakism as the way to common independence with the Czechs. The selected portraits of six intellectuals and politicians should be seen as a prism through which Slovak intellectual history appears in its various facets. The narodovci tried to strengthen (...) the Slovak nation in its attempts to secure the autonomy of its language and culture, and prevent assimilation by the Hungarians – which was a political issue. Some took part in the 1848 revolution, pursuing the goal of an autonomous Slovak district within the Habsburg Empire, while others opted for a modus vivendi with the ruling Hungarians. A third possibility was sovereignty, a common independent state with the Czechs. An introductory chapter deals with the political problem of assimilation and group rights in 19th-century Slovakia. The analytical chapters focus on the intellectual discourse of the time, specifically on the influence of Western political ideas such as liberalism, constitutionalism, cultural rights and nationalism. A further focus is on Slavic political ideas, such as the Slavic Renaissance, Slavic mutuality and Panslavism. The volume is addressed to students of history, politics and political theory, and offers a unique insight into the political past of a young EU state, whose recent language laws have drawn repeated international criticism. The author hopes that her analysis will help improve understanding of current Slovak politics. (shrink)

The recent phenomenon of the export zone attracts scholarly attention primarily for its economic and political logics, yet it is as a cultural phenomenon that the Zone may ultimately signal its transformational role in the trajectory of state sovereignty and the global urban imagination. This article approaches the phenomenon of the Zone as a key location for understanding the social and cultural impact of globalization on urban space. It conceptually locates the trajectory of the export-oriented zone and its analogues to (...) understand how, in little over 40 years, the phenomenon of the Zone experienced a rapid and veritable institutionalization as part of the topography and imagination of globalization. The first part traces the contours of the Zone as a territorial strategy that re-scales national economic and political space and enables the networked models of distributed production so critical to the global economy. The second part critically supplements the standard account by re-thinking the Zone as an incipient urban form — the Ex-City — that incorporates classically modernist fantasies in the context of contemporary logics of sovereignty and accumulation. (shrink)

(1996). Amphiboles of identity. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 826-831.

Los teóricos de la democracia dejaron de lado la pregunta de quién legalmente forma parte del "pueblo" autorizado, pregunta que atraviesa a todas las teoría de la democracia y continuamente vivifica la práctica democrática. Determinar quién constituye el pueblo es un dilema inabordable e incluso imposible de responder democráticamente; no es una pregunta que el pueblo mismo pueda decidir procedimentalmente porque la propia premisa subvierte las premisas de su resolución. Esta paradoja del mandato popular revela que el pueblo para ser (...) mejor comprendido como una demanda política, como un proceso de subjetivación, surge y se desarrolla en distintos contextos democráticos. En Estados Unidos el disputado poder para hablar en beneficio del pueblo deriva de un excedente constitutivo heredado de la era revolucionaria, a partir del hecho de que desde la Revolución el pueblo ha sido por vez primera encarnado por la representación y como exceso de cualquier forma de representación. La autoridad posrevolucionaria del vox populi deriva de esa continuamente reiterada pero nunca realizada referencia a la soberanía del pueblo a partir de la representación, legitimidad a partir de la ley, espíritu a partir de la letra, la palabra a través de la palabra. Este ensayo examina la emergencia histórica de este exceso de democracia en el período revolucionario, y cómo este habilita a una subsecuente historia de "momentos constituyentes", momentos cuando subautorizados -radicales, entidades autocreadas-, se apoderan del manto de la autoridad, cambiando las reglas de la autoridad en ese proceso. Estos pequeños dramas de reclamos de autoridad política para hablar en nombre del pueblo son felices, aun cuando explícitamente rompan con los procedimientos o reglas estatuidas para representar la voz popular. -/- Momentos constituyentes: paradojas y poder popular en los Estados Unidos de América posrevolucionarios [traducción], Revista Argentina de Ciencia Política, N°15, EUDEBA, Buenos Aires, Octubre 2012, pp. 49-74. ISSN: 0329-3092. Introducción de “Constituent Moments: Enacting the People in Postrevolutionary America”, de Jason Frank [Ed.: Duke University Press Books, enero de 2010. ISBN-10: 0822346753; ISBN-13: 978-0822346753]. (shrink)

Amy Gutmann and Dennis Thompson’s theory of deliberative democracy has been widely influential and favorably viewed by many as a successful attempt to combine procedural and substantive aspects of democracy, while remaining quintessentially liberal. Although I admit that their conception is one of the strongest renditions of liberal democracy, I argue that it is inadequate in radically multicultural societies that house non-liberal cultural minorities. By focusing on Gutmann’s position on minority claims of culture in the liberal West, which follows from (...) Gutmann and Thompson’s theory of deliberative democracy, I attempt to show that the theory of deliberative democracy does not do justice to legitimate claims of culture made by nonliberal minority cultural groups in the liberal West. As a result, I further argue that their deliberative democracy itself is inadequate for radically diverse societies in the West, some of whose members also belong to nonliberal minority cultural groups. (shrink)

This book questions what sovereignty looks like when it is de-ontologised; when the nothingness at the heart of claims to sovereignty is unmasked and laid bare. Drawing on critical thinkers in political theology, such as Schmitt, Agamben, Nancy, Blanchot, Paulhan, The Politics of Nothing asks what happens to the political when considered in the frame of the productive potential of the nothing? The answers are framed in terms of the deep intellectual histories at our disposal for considering these fundamental questions, (...) carving out trajectories inspired by, for example, Peter Lombard, Shakespeare and Spinoza. This book offers a series of sensitive and creative reflections that suggest the possibilities offered by thinking through sovereignty via the frame of nihilism. This book was originally published as a special issue of Culture, Theory and Critique. (shrink)

Considers the problems of sovereignty through the work of Rousseau, Arendt, Foucault, Agamben, and Derrida.

Tractatus Politico-Philosophicus (Political-Philosophical Treatise) aims to establish the principles of good governance and of a happy society, and to open up new directions for the future development of humankind. W. Julian Korab-Karpowicz demonstrates the necessity of, and provides a guide for, the redirection of humanity. He argues that this paradigm shift must involve changing the character of social life and politics from competitive to cooperative, encouraging moral and intellectual virtues, providing foundations for happy societies, promoting peace among countries and building (...) a strong international community. (shrink)

According to the traditional state sovereignty view in the ethics of immigration literature, societies have a great deal of latitude in determining and implementing their immigration policies. This view is typically defended by appealing to the rights of members of societies, for instance to political self-determination. Opponents of the view have often criticized its partiality to members, arguing that nonmembers can also make stringent demands on societies to be admitted and given the same treatment in matters of immigration policy as (...) other nonmembers. In this paper, I take a different approach to responding to the state sovereignty view. I argue that even if we grant the premise that the rights of members generally trump the rights of nonmembers in matters of immigration policy, societies are greatly constrained in setting their immigration policies by considerations of domestic justice. The considerations that I focus on involve relationships between members and nonmembers that hold due to a shared quality or set of qualities on the basis of which members identify with nonmembers. The argument appeals to premises and principles that defenders of the state sovereignty view are committed to but concludes that this view cannot serve as a satisfactory framework for the normative assessment of immigration policies. (shrink)

Survey of the literature, issues, and debates about territorial rights.

As a technique of social control based on the collection of information, surveillance has been a central instrument of any administrative power since the modern era. Surveillance, however, can be carried out in different ways and these can provide important information on the basic features of a particular political system. Indeed, the introduction of surveillance measures has an impact on key relationships of a political system, such as liberty and security, autonomy and authority. When a political system is, like the (...) European Union (EU), in a dynamic and build-up phase, by analysing its surveillance practices one can even discern the trajectories of its developments. The paper analyses two surveillance measures in the EU: the Schengen Information System (SIS) and the Directive 2006/24/EC on data retention. It puts forth the argument that the reference to security as a value enables the EU to compensate its legitimacy deficiencies and to develop into a power system characterised by a more supranational structure than before. (shrink)

This paper is a copy of Digressive Society’s conclusions. In the book Digressive Society, I describe a society that would be based on the principle that no one is allowed to impose a principle on others. This paradoxical principle is, as I demonstrate, equivalent to the global maximisation of individual choices as well as the combating of all forms of alienation. A digression should be understood in the positive sense, it is distancing ourselves from an initial intention, deviate from a (...) pre-established or expected discourse. This book is, I hope, a productive attempt to develop a system at the crossroads of critical theory, existentialism, libertarianism, and anarchism: a system founded not on any preconceived notion of justice or human rights, but rooted in the ambiguous nature of human existence. (shrink)

Je décris dans ce livre un projet alternatif de société. Une société dite « digressive » serait basée sur le principe de n’en imposer aucun à autrui : principe paradoxal dont je démontre qu’il est équivalent à la maximisation globale des choix individuels ainsi qu’au combat contre toute forme d’aliénation. Loin d’être stérile, ce principe pourrait, je l’affirme, avoir des applications très concrètes dans la tenue des activités humaines. La société digressive est un manifeste pour une société post-certitude, une réponse (...) pragmatique aux dogmes et monopoles en tout genre. (shrink)

Carl Schmitt's Political Theology, recycled into The Concept of the Political, was meant to be to political theory what the Book of Job has been to Judaism, and through Judaism to Christianity. It was intended/designed/ hoped to answer one of the most notoriously haunting of the born-in-Jerusalem questions: a sort of question with which the most famous of the born-in-Jerusalem ideas, the idea of the one and only God, omnipresent and omnipotent creator, judge and saviour of the whole Earth and (...) the whole humanity, could not but be pregnant. The question, however, had to be born once the Hebrew Prophet Jesus declared the omnipotent God to be in addition the God of Love, and when his disciple, St Paul, brought the good tidings to Athens — a place where questions, once asked, were expected to be answered, and answered in tune with the rules of logic. Taking absolute power, the God of monotheistic religion took absolute responsibility for the blessings and blows of fate. The Book of Job recasts the frightening randomness of Nature as the frightening arbitrariness of its ruler: God speaks and gives commands. But just like numb Nature, he is not bound by what humans think or do. He can make exceptions. Indeed, the rule of norm is by definition irreconcilable with a true sovereignty — with the absolute power to decide. To be absolute, power must include the right to neglect/suspend/ abolish the norm. Schmitt's idea of sovereignty would engrave the preformed vision of divine order onto the ground of legislative order. Power to exempt founds simultaneously God's absolute power and the human's continuing, incurable fear born of insecurity. This is exactly what happens, according to Schmitt, in case of the human sovereign no longer handcuffed by norms. Thanks to that power of exemption, humans are, as they were in the pre-Law times, vulnerable and uncertain. (shrink)