Modern thinking about democracy is largely governed by the concept of constituent power. Some versions of the concept of constituent power, however, remain haunted by the spectre of totalitarianism. In this article, I outline an alternative view of the identity of the people whose constituent power generates democratic authority. Broadly speaking, constituent power signifies the idea that all political authority, including that of the constitution, must find its source in some idea of ‘the people’, whose authority is never exhausted by (...) constituted power. The deficiency I seek to address is that of asking who the people is to whom any claim of authority refers, while avoiding the pitfalls of totalitarianism. I show the most famous totalitarian view of constituent power – advanced by Carl Schmitt – to be not only politically unsavoury but also ontologically unjustified. To outline my alternative view, I draw on Jacques Derrida’s concept of just decisions to argue that the undecidable inaugurates collective responsibility by demanding a response. This suggests a view of ‘the people’ as a doing rather than a being. I conclude by showing how this avoids totalitarian views of popular sovereignty by demonstrating its congruency with Claude Lefort’s democratic theory as opposed to totalitarianism. (shrink)

Modern thinking about democracy is largely governed by the concept of constituent power. Some versions of the concept of constituent power, however, remain haunted by the spectre of totalitarianism. In this article, I outline an alternative view of the identity of the people whose constituent power generates democratic authority. Broadly speaking, constituent power signifies the idea that all political authority, including that of the constitution, must find its source in some idea of ‘the people’, whose authority is never exhausted by (...) constituted power. The deficiency I seek to address is that of asking who the people is to whom any claim of authority refers, while avoiding the pitfalls of totalitarianism. I show the most famous totalitarian view of constituent power – advanced by Carl Schmitt – to be not only politically unsavoury but also ontologically unjustified. To outline my alternative view, I draw on Jacques Derrida’s concept of just decisions to argue that the undecidable inaugurates collective responsibility by demanding a response. This suggests a view of ‘the people’ as a doing rather than a being. I conclude by showing how this avoids totalitarian views of popular sovereignty by demonstrating its congruency with Claude Lefort’s democratic theory as opposed to totalitarianism. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 3, Page 361-385, March 2022. Modern thinking about democracy is largely governed by the concept of constituent power. Some versions of the concept of constituent power, however, remain haunted by the spectre of totalitarianism. In this article, I outline an alternative view of the identity of the people whose constituent power generates democratic authority. Broadly speaking, constituent power signifies the idea that all political authority, including that of the constitution, must find its source (...) in some idea of ‘the people’, whose authority is never exhausted by constituted power. The deficiency I seek to address is that of asking who the people is to whom any claim of authority refers, while avoiding the pitfalls of totalitarianism. I show the most famous totalitarian view of constituent power – advanced by Carl Schmitt – to be not only politically unsavoury but also ontologically unjustified. To outline my alternative view, I draw on Jacques Derrida’s concept of just decisions to argue that the undecidable inaugurates collective responsibility by demanding a response. This suggests a view of ‘the people’ as a doing rather than a being. I conclude by showing how this avoids totalitarian views of popular sovereignty by demonstrating its congruency with Claude Lefort’s democratic theory as opposed to totalitarianism. (shrink)

Rousseau's paradox of how a multitude wills itself into the status of a sovereign people, by deciding to join the contract before existing as a people, with a general will to make that decision, presupposes the absence of any ultimate social grounds and the contingency of identities and structures. These presuppositions make Rousseau an unacknowledged precursor of Laclau's post-structuralist politics, refuting the view that Rousseau's politics seeks a totally transparent and harmonious state beyond the questioning and ambiguity defining the political. (...) The people's will grounds the social contract's legitimacy but that will lacks any pre-constituted form and clear guidelines for discerning it. It provides a groundless ground. Rousseau's legislator supplements that lack, representing the people in its absence, helping it frame suitable legislation. The people only requires the lawgiving representative because of its constitutive incompleteness: it thus resists full representation. If it already possessed a common will and identity, the lawgiver and the contract would become irrelevant. The undecidability of autonomy/heteronomy, representative/represented, fiction/reality highlighted by Rousseau's legislator affirms the impossibility of political closure as the condition of freedom and change. The people's incompleteness supports rather than jeopardises its sovereignty, allowing it to reconstitute itself in the open-ended quest for democracy. (shrink)

In this dissertation I explore the conceptual relationship between equality and resistance in political philosophy. Through examination of the work of Jean-Jacques Rousseau, Karl Marx, John Dewey, and Jacques Rancière, I formulate a position called Fractured Social Holism. This is a problematic that attempts to articulate core issues at stake in the debates surrounding the purposes, meanings, and possibilities for politics. Through Fractured Social Holism I articulate a theory of equality that emphasizes the communities upon which societys institutions intend to (...) distribute equality, arguing that resistance on the part of a populationgroup opposition, formal or informal, to some element of the societal status quoconceptually grounds equality and its distribution by articulating its very possibilities. My central questionHow is equality constituted?focuses on the community itself in order to shift agency from institutions that distribute equality to those who demand it. It emphasizes the active role of the people in the constitution of a community of equals, as well as the fact that the very notion of the people is what is at stake in that constitution; popular resistance challenges the very meaning and content of any given people. I understand equality in the broadest possible sense, in terms of the opportunity of each and all within society to participate in dictating the terms of their public engagement with that society and with others within it. I argue for the possibility of resistance within egalitarian community in Rousseau, the limits of what that resistance in egalitarian society looks like in Marx, how egalitarian communities can organize themselves in Dewey, and how subjectivity relates to mechanisms of resistance and political action within society in Rancière. These historical interpretations and the conceptual framework they engender provide a novel means of thinking about issues of paramount importance in contemporary political philosophy, including pluralism, oppression and domination, and the purposes and meaning of politics, remaining true to a normative vision of equality while insisting on the necessity of the peoples resistance to the status quo in the name of a re-imagined vision of social harmony. (shrink)