The papal monarchy is the subject of Thomas Hobbes's Historical Narration concerning Heresy, much of Behemoth, and his long Latin poem, the Historia Ecclesiastica. Hobbes's was not the only account in his day of the papal monarchy as a history of iniquity, or even as “the ghost of the Roman Empire.” The papal creation of a parallel system of offices in the late Roman and Holy Roman Empires is of immense institutional importance. Hobbes's analysis of the second papal strategy, the (...) co‐optation of Roman Law as canon law, is complicated. Hobbes's account of both the institutional and philosophical consequences of the papal monarchy is surprisingly congruent with some of the most authoritative modern accounts. The fourteenth‐century hierocratic publicists belonged as much to the reception of Averroist Aristotelianism as their contemporary antagonists. None of the parties to the struggle between pope and emperor appears to have been immune to the Aristotelianism of the Arabic commentators. (shrink)

This article explores the promises of critical hermeneutics as an innovative method and philosophy within the human sciences. It is argued that its success depends on its ability to articulate a theory of meaning with one of action and experience as well as its capacity to renew our understanding of the problem of ideology. First, critical hermeneutics must explain how cultural messages ‘show and hide’; that is, how the ambiguity of meaning always allows for a group to represent itself while (...) opening the door for distortion and domination. Second, critical hermeneutics ought to show how action can be best understood as opposing performances driven by ideological-moral views. Through an analysis of social movements, for instance, it is shown that any attempt to do justice could also and easily create exclusion. Third, critical hermeneutics has to clarify how tension and dualism within meaning and action are not to be dissociated from the self-interpretation of concrete individuals. A theory of experience is thus required in order to explain why the autonomy of the subject is finally at stake with regard to the problem of ideology. (shrink)

I argue that we find the articulation of a problem concerning bodily agency in the early works of the Merleau-Ponty which he explicates as analogous to what he explicitly calls the problem of perception. The problem of perception is the problem of seeing how we can have the object given in person through it perspectival appearances. The problem concerning bodily agency is the problem of seeing how our bodily movements can be the direct manifestation of a person’s intentions in the (...) world. In both cases what, according to Merleau-Ponty, obscures a recognition of the phenomenon in question is a conception of our bodily capacities, i.e. our sensibility and our motility, which reduces these to the workings of mechanisms that are blind to meaning. I argue that both the problem concerning perception and the problem concerning bodily agency can be properly called transcendental. The problem of perception is transcendental because it concerns the very intelligibility of appearances and judgements with empirical content. The problem of bodily agency is transcendental in the sense that it concerns the very intelligibility of our bodily capacity to carry out intentions and by implication the intelligibility of our intentions as such. (shrink)

Clark and Chalmers propose that the mind extends further than skin and skull. If they are right, then we should expect this to have some effect on our way of knowing our own mental states. If the content of my notebook can be part of my belief system, then looking at the notebook seems to be a way to get to know my own beliefs. However, it is at least not obvious whether self-ascribing a belief by looking at my notebook (...) is a case of introspection the same way that knowing my non-extended beliefs is. Traditionally this sort of introspection is thought to be privileged and special in ways that the extended introspection case seems not to be. There is nothing privileged about looking at my notebook. Anyone could do it. The aim of the paper is to find out how to understand extended introspection and whether there is something privileged and special about knowing one’s own extended beliefs. Moreover, the notebook case has close analogs using twenty-first century technology. It seems possible to know our beliefs that are extended to smartphones, wearable technology or a cloud-based data store. First, I present the case of extended introspection. I then discuss whether it should be understood as ordinary introspection or as mind-reading. Both seem to be bad fits, which finally prompts an original account for extended introspection based on epistemic rules. (shrink)

Hobbes and Rousseau relied heavily upon the time-worn metaphor of the body politic to describe and explain their respective political visions. But while Rousseau’s use of the metaphor is largely ac...

This article addresses Eric L. Santner’s claim that “there is more political theology in everyday life than we might have ever thought” by analyzing the “theologico-political problem” in the work of three prominent twentieth-century political thinkers—Carl Schmitt, Leo Strauss, and Hannah Arendt. Schmitt, Strauss, and Arendt share a preoccupation with the crisis of modern political liberalism and confront the theologico-political problem in a similar spirit: although their responses differ dramatically, their individual accounts dwell on the absence of incontestable principles in (...) modern society that can justify life-in-common and the persistence of the political order. Their writings thus engage with the question of the place of “the absolute” in the political realm. In particular, Arendt’s indirect approach to the theologico-political problem is crucial to understanding the radicality of a political world in which traditional certainties can no longer be re-established. The theoretical trajectory I present suggests that the dispersion of political theology in everyday life has a specific corollary: modern politics operates within the tragic and paradoxical nature of its unstable and common origins that cannot be incorporated in exceptionalist versions of the body politic. (shrink)

This article presents an outline of Régis Debray's mediology. Situated at the crossroads of philosophy, theology, anthropology, archaeology, history, sociology, political sciences, semiotics, media and cultural studies, mediology is a relatively autonomous discipline that analyses the totality of the processes of mediation that intervene between culture and agency, and transform ideas into a material force. Mediology or mediation studies broadens the notion of media so as to include all material and institutional vectors of communication and defines mediation as the totality (...) of interactions between culture and technology that make the diffusion (through space) and the transmission (over time) of ideas possible. (shrink)

ABSTRACTI contextualize and interpret the distinction in Hobbes’ Leviathan between the capacities of the sovereign and show its importance for contemporary debates on the nature of Hobbesian sovereignty. Hobbes distinguishes between actions the sovereign does on personal title, and actions he undertakes in a political capacity. I argue that, like royalists defending King Charles I before and during the English civil war, he maintains that the highest magistrate is sovereign in both his natural and political capacities because the capacities are (...) inseparable, though district. This position goes back to the treatment of Calvin’s Case by Francis Bacon and Edward Coke and has further precedents in medieval English constitutional thought. An important reason for Hobbes to include this doctrine in Leviathan, I suggest, is to provide a response to parliamentarians who employed the sovereign’s multiple capacities to justify armed resistance against the king. I show the relevance of this contextualization by intervening in two recent debates, regarding the possibility of constitutionalist limitations on the actions of the Hobbesian sovereign and regarding whether sovereignty is held by the commonwealth or by the person of the sovereign. (shrink)

Drawing on the work of Walter Benjamin, this essay argues—largely against Carl Schmitt—that political theology as a critical analytic should examine the ‘afterlife’ of theological tropes with respect to the sense of time and history that they compel. Benjamin’s The Origin of German Tragic Drama argues that sovereignty as a political concept gains prominence as a response in the wake of the erosion of the concept of salvation history in the Baroque. The consequence of this rise of sovereignty as a (...) political key concept is a philosophy of history based on the permanently impending catastrophic end of the world. This continuously urgent situation is not only one that leaves little room for political critique and action, but also a perplexing one in its perpetuation, since the end of the world never actually arrives. To answer why political urgency can be perpetuated seemingly infinitely and why sovereigns can fail without eroding the ongoing desire for sovereignty, Benjamin’s work suggests that we must broaden our view of political theology to consider the survival of further theological concepts to include original sin as a master trope of philosophical anthropology. (shrink)

This article offers an interpretation of lawyers’ reactions to verse judgments, being judicial decisions rendered in rhymed poetry form. While, in recent history, there has been an unexplained break in the close historical connection between poetry and law, some judges nevertheless continue to render their judicial decisions in verse. This has met strong criticism from fellow judges, inevitably, but also from lawyers. However, there is no evidence in academic writing of anyone attempting to explain why lawyers are having these reactions. (...) Endeavouring to fill that void, this research employs hermeneutics to offer an interpretation of lawyers’ reactions to verse judgments. The article analyses the varied opinions uncovered in five qualitative interviews with lawyers of different backgrounds, and contends that a movement of poetry back towards its utilitarian origins would see lawyers change their reaction to verse judgments, instead viewing them as an appropriate form of judicial expression. (shrink)

In this article, I address problems associated with ‘Modernity’ and those encountered at the impasse of post-modernity and the newly named phenomenon of ‘post-secularism’. I consider more specifically what I call ‘moral emotions’ or essentially interpersonal emotions can tell us about who we are as persons, and what they tell us about our experience and concepts of freedom, normativity, power, and critique. The moral emotions, and retrieving the evidence of the ‘heart’, point to the possibility of contributing to the social (...) imaginary of the Modern and its post-modern variants, playing a significant role in shaping civic life and relations of power. (shrink)

The aim of this article is to provide a plausible conceptual model of a specific use of images described as substitution in recent art-historical literature. I bring to light the largely implicit shared commitments of the art historians’ discussion of substitution, each working as they do in a different idiom, and I draw consequences from these commitments for the concept of substitution by image—the major being the distinction between nonportraying substitution and substitution by portrayal. I then develop an argument that (...) substitution by image in the desired, nonportraying sense needs to be thought of in terms of a figurative representation of an image’s subject as a generic object, what I will call its figurative instantiation. (shrink)

The use of metaphors and analogies was widespread in English political literature during the sixteenth and early seventeenth centuries, and for contemporary readers they were more than merely rhetorical artifices – they were used to illustrate and, in some cases, even to provide evidence. In this regard, none was more apt than the most prominent of these analogies: that between the human body and the state. The political thought of the time established an unshakeable connection between the two, building an (...) argument for how their structures and ways of functioning mirrored each other. This paper examines one of the most extensive and thorough examples of corporal analogies in early modern English political literature – that of Edward Forset’s A Comparative Discourse of the Bodies Natural and Politique (1606) – and shows how such corporal analogies were used to construct an absolutist political model wherein the king was depicted as the soul, the head and the heart of the body politic. The paper integrates Forset’s A Comparative Discourse within the context of the ideological struggles from the end of the sixteenth century and the beginning of the seventeenth, while its place within the larger picture of the medieval and early modern metaphor of the body politic is also examined, in order to assess the lineage and originality of Forset’s ideas and point out how the same kind of analogies could be used to provide significantly different political interpretations. (shrink)

This article reconstructs J. G. A. Pocock's debt to Hannah Arendt's political philosophy in The Machiavellian Moment and argues that her presentation of classical politics in The Human Condition and her account of the secular nature of American foundation in On Revolution were important sources for Pocock's analysis of American liberal insecurity. However, a contextualization of The Machiavellian Moment within Pocock's immediate intellectual and professional milieu indicates that he placed himself in critical relation to Arendt's civic republican theory and located (...) her philosophy of history in the same spectrum as the American political tradition he sought to historicize. While they did share a similar perspective on the ethical and political value of locating oneself within a long historical durée, their different conceptions of the problem of continuity for secular political structures provides a crucial context for their disparate responses to the discourse of political crisis in the United States in the late 1960s and the 1970s. (shrink)

The article analyses the common notion that the consumer society is a reflection of those principles in the market that also provide the ideas of democracy and liberal constitutionalism with legitimacy in the political realm. The inalienable right to self-development and self-determination makes the individual the starting and ending point of life, rendering all spheres of market and society a ‘republic of choice’. But if consumer society shares the essentials of liberal constitutionalism and the rational, processual nature of democratic representation, (...) then its ontology needs to be investigated for the same reason and in the same manner as legal and political philosophy dissects the legitimacy and validity of the parliamentary institutions of modern democracy. Just as in the political philosophy of the constitutional structure of the democratic state, the question of who is sovereign is key to understanding the ontology of consumer society. But rather than simply placing sovereignty into the hands of the independent, self-determined consumer, the earliest ontologists of the consumer society took recourse to medieval political theology and presented the consumer market as a new corpus mysticum. Thus, it is medieval political theology, not modern liberal thought, which provided for an ontologization of the consumer. This, in turn, directly pertains to the questions of the legitimacy of consumer society per se, of consumer decisions in particular and of their sources of legitimacy. (shrink)

This article suggests that humanism is a decisionism in contemporary critical political theory. Despite obvious and multiple differences, leading critical theorists like Giorgio Agamben, Slavoj Žižek, Eric Santner, and Jürgen Habermas, among others, share an investment in stabilizing the human being as a ground of the political. This stabilization of the human should concern political theorists, as this article argues, because it uncritically reproduces conceptual affinities between the notion of the human being and sovereign authority. By investing in the stability (...) and centrality of the human being, these theorists perform what will be called, paraphrasing an often neglected argument by Carl Schmitt, a decision to be human. Contrary to conventional wisdom, I argue that Schmitt’s decisionism is not merely circumscribed to sovereignty’s juridico-political dimension, but that it also includes a peculiar commitment to God’s decision to become human in Christ. Against this decisionism as humanism, the article draws on Walter Benjamin, Roberto Esposito, and Jacques Derrida to propose an alternative politics that destabilizes humanity and sovereignty through the emergence of the animal, or what will be called melancholic lycanthropy. (shrink)

In June 1931, on the eve of the invasion of Manchuria, the Japanese mass media announced the winner of the first Miss Nippon contest. Applicants were limited to rank amateurs whose photographs, and not bodies, were judged by a panel of mostly elderly men who regarded the contest as `culture work'. A second contest was held in 1934. One of the main objectives of the Miss Nippon contests was to locate and record photographically, young women whose allegedly `pure blood' and (...) ideal bodily proportions demonstrated the success of eugenics and social hygiene programs launched decades earlier. Japan's imperialist aggression in Asia and the Pacific forms the backdrop to this study on the centrality of popular cultural events and media in the state's attempt to improve the `Japanese race' through technologies of eugenics and social hygiene. The article explores the politics of blood, body and beauty, three interrelated subjects, framed by the Miss Nippon contests, that were common to the colonial project and the discourse of eugenics alike. (shrink)

In this essay, I intend to focus on De Certeau’s ideas of use as consumption, as well as his theory of play, and then to place them both in conversation with Agamben’s conception of the ‘ assolutamente improfanabile’ – the absolute impossibility of profaning. I intend to apply De Certeau’s and Agamben’s ideas to an exploration of some recent trends in the high tech market regarding the creation of goods to which the notion of ‘AI’ may be particularly salient. I (...) hope to show, in contrast to Agamben’s overall deeply disillusioned analyses of late capitalism, that in such a market populated by various forms of ‘AI’ there are indeed new resources for resistance and nodes of creativity, as high tech consumers play with, and thus reconceptualize, both products and their use in terms helpfully articulated by De Certeau. (shrink)

From US Supreme Court Justice Louis Brandeis’s 1933 judgement in Louis K Liggett Co v Lee to Matt Wuerker’s satirical cartoon “Corpenstein”, the use of Frankenstein’s monster as a metaphor for the modern corporation has been a common practice. This paper seeks to unpack and extend explicitly this metaphorical register via a recent filmic and graphic interpretation of Mary Shelley’s Frankenstein myth. Whilst Frankenstein has been read as an allegorical critique of rights—Victor Frankenstein’s creation of a monstrous body, reflecting the (...) figurative construction of a body by rights discourse—the metaphoric notion of reanimating a ‘soulless corpse’ resonates with Edward’s Thurlow’s description of the corporation as having ‘no soul to damn’. By exploring the figurative and optical representations of this process of reanimating the body in Scott Beattie’s film I, Frankenstein and Kevin Grevioux’s companion graphic novel I, Frankenstein: Genesis, I would like to extend this metaphoric register, by examining the theological origin and nature of the corporate form. This theology is explicitly referenced in the film and graphic novel via the battle between Gargoyles and Demons, which dominates the plot and backstory. The role of Frankenstein’s monster—now called Adam—however, is about enabling the reanimation of thousands of corpses without souls for possession by the demon hoard headed by Prince Naberius, who in his alternative persona Charles Wessex, controls the Wessex Institute and Wessex Industries. This ‘corporate baron’ himself has devoted his ‘life’ to enabling the rediscovery of Frankenstein’s ability to reanimate the dead for the purposes of gaining immortality. This mythic framing, however, renders explicitly visible the nature and purpose of the corporate form itself—of capturing and reanimating life in a form of immortality via the mechanisms of perpetual succession. This visual rendering, of a metaphoric framing goes to show the way in which the optical nature of the dominant forms of popular culture—film, television, comic books—provide a means for seeing law’s metaphorical images and for thus unpacking, interrogating and rendering them anew. It argues for a shift from the image of the corporation as a monstrous body to one which involves relations of reciprocity, gratuitousness and gift. (shrink)

Group agents have been represented as expressive fictions by those who treat ascriptions of agency to groups as metaphorical; as pragmatic fictions by those who think that the agency ascribed to groups belongs in the first place to a distinct individual or set of individuals; and as theoretical fictions by those who think that postulating group agents serves no indispensable role in our theory of the social world. This paper identifies, criticizes and rejects each of these views, defending a strong (...) realist position. (shrink)

Group agency requires a number of people to combine in pursuit of shared goals across varied scenarios. Thus, a group or corporate agent must be organized (1) to act flexibly as its goals require, (2) with the intentional, if not always voluntary, acquiescence of members in the guidance of (3) an authorized spokesperson or (4) a constructed voice, thereby (5) becoming capable of making and honoring commitments.

This article seeks to contribute to the thinking of forms of corporateness, sociality and authority in the context of, but also beyond, neoliberalism, the neoliberal state and neoliberal accounts of the corporation. It considers neoliberalism in relation to the theological genealogies of modernity, politics and economy, and the way in which neoliberalism itself functions as a secular religion—one which intensifies liberal individualism and involves a blind faith in the market redefining all social interactions in terms of contract. I turn to (...) the theological genealogies of sovereignty and economy, and of the corporation, as a way of grounding a radical consideration of collectivity and sociality. For, while the rise of neoliberalism is associated with the growth of multi-national or trans-national corporations, the privatisation of state assets and the corporatisation of public institutions, each of these involve not a diminishing of the state or the project of state sovereignty but rather its reformulation, reaffirmation and intensification. The corporation, despite being redefined as the interaction of fundamentally self-willing and contracting individuals operating in the market, is still fundamentally intertwined with state sovereignty. Attempts to address or respond to corporate power need to go beyond calls for greater regulation of corporations, increased corporate social responsibility or even the desire to eliminate corporate personhood. Rather, what is required is a greater emphasis on the notion of corporateness that undergirds the theological genealogy of the corporation—for if neoliberalism functions as a religion then part of the solution may be a theological one. (shrink)

Prior generations’ electoral crises (e.g., gerrymandering) have dealt mainly with political maneuverings around geographical shifts. We analyze four recent (1998–2003) American electoral crises: the Clinton impeachment controversy, the 2000 Florida presidential election, the Texas legislators’ flight to Oklahoma and New Mexico, and the California gubernatorial recall. We show that in each case temporal manipulation was at least as important as geographical. We highlight emergent electoral practices surrounding the manipulation of time, which we dub “temporal gerrymandering.” We suggest a theory of (...) postmodern electoral crises, in which the rules of time and space are simultaneously in flux. These crises expose concerns with early American democratic theory, which was based on an understanding of “the people” as geographically and temporally unidimensional. Representative systems, therefore, were designed largely without reference to geographic and temporal complexity. (shrink)

The intervention of the divine in human history, more precisely the transition from fiction to incarnation that is peculiar to the origins of Christianity, marks a turning-point in our understanding of the genealogical principle. With a Son of Man who is also Son of God and his Mother's Father, there is no paternity and, more generally, no genealogy that is not reversible. To this questioning of elementary kinship structures we should add the contesting of the hitherto accepted distribution of genders (...) and sexes. The superimposition of the Holy Family and the Trinity created an uncertain sex whose effect is to uncouple sex from its functions, in particular procreation. Hence a circulation and instability of sex. It is from this viewpoint that we should see the notion of an androgynous Christ and the Church Fathers' thinking on the resurrected body. (shrink)

Anyone who might be surprised to find an issue on the figures of myth and gender appearing under the aegis of the poet of Pierres or Récurrences dérobées can only be referred to his mineral 'mythology', where all possible permutations of the sexes have a place, as in a Mendeleyev table. But Roger Caillois' interest in myths and the notion of gender, which is found in early texts from his youth, crops up unchanged in those from his maturity, such as (...) Le Fleuve Alphée, and the precious, rare fictions, like 'Récit du délogé'. To sum up in a word his intellectual journey, in the beginning there was stone, at the end stone remained. Within that parenthesis the space of sex and its myths unfolded. (shrink)

Hobbes's Leviathan transformed forever the meaning of the term, long debated by Biblical commentators. Alternatively, in the Book of Job chapter 41, a great chthonic beast, or Lucifer?like ?King of all the Children of Pride?, Leviathan for Hobbes was a figure for the modern state. Recent work by Quentin Skinner and Noel Malcolm treats Leviathan as in part a story about representation. But by juxtaposing the thesis of Carl Schmitt, juridical architect of the Third Reich, and author if his own (...) startling Leviathan, which reads the Biblical Beast as representing the state as demonic machine, we see not only Hobbes's purpose in invoking the God of fear, but also how it served as a self?fulfilling prophecy. (shrink)

State sovereignty is often thought to be absolute, unlimited. This paper argues that there is no such a thing as absolute State sovereignty. Indeed, absolute sovereignty is impossible because all sovereignty is necessarily underpinned by its conditions of possibility—i.e. limited sovereignty is the norm, though the nature of the limitations varies. The article consists of two main sections: the concept of sovereignty: this section is focused on some of the limitations the concept of sovereignty itself presents; and a historical account (...) of the notion of sovereignty as it was used in the Ancient Times. The particular focus on early notions of a modern concept such as sovereignty has to do with the fact that this early notion has been anthropomorphised with societal evolution. Therein, the current concept of State sovereignty embraces the same limitations it had in its ancient form as a non-fully developed conceptual idea. The implications of understanding State sovereignty as limited rather than absolute are several, both directly and indirectly. A main immediate consequence is that sovereign States can cooperate together, limit their sovereignty and still be considered sovereign. (shrink)

This paper introduces a series of lectures Ernst Kantorowicz offered to the Army Specialized Training Program in 1943 in order to reconsider the development of his intellectual biography. These “wartime lectures” constitute Kantorowicz’s only sustained discussion of modern German history and his only intellectual engagement with Nazism. Introducing these lectures thus presents an opportunity to re-examine the relationship between Kantorowicz’s early and mature works through his assessment of Nazi Germany. For Kantorowicz, Nazism was the violent result of a German commitment (...) to political prophecy. At the core of Kantorowicz’s lectures was a criticism of political theology and its role in modern history. In making this criticism, Kantorowicz simultaneously distanced himself from the prophetic register of his earlier writings. Moreover, recovering Kantorowicz’s concern with modern political theology is also important in foregrounding the intellectual genealogy of The King’s Two Bodies, a work often separated from its more telling subtitle: A Study in Medieval Political Theology. Together, this paper argues that the most significant changes in Kantorowicz’s writings can be traced to the intellectual circumstances of the Second World War. (shrink)

Este número monográfico pretende contribuir a la reflexión sobre el interés de las relaciones fiduciarias en varios sentidos. En primer lugar, quiere coadyuvar a aclarar las ventajas y las limitaciones conceptuales y normativas del principio fiduciario para la reflexión filosófico-política y para la política práctica contemporáneas. En segundo lugar, aspira a enriquecer nuestra apreciación de los hilos entrecruzados de la constitución fiduciaria del mundo moderno mediante el examen de los desarrollos de esta idea en Europa y Estados Unidos. En tercer (...) lugar, pretende refinar nuestra comprensión del potencial que tiene su aplicación a diversas áreas interconectadas de la filosofía, la economía, la sociología y el derecho. Finalmente, se pretende proponer discusiones histórico-conceptualmente informadas sobre la relación entre el republicanismo y los principios fiduciarios. This monographic issue aims to contribute to the reflection on the interest of fiduciary relationships in several ways. Firstly, it wants to help clarify the conceptual and normative advantages and limitations of the fiduciary principle for contemporary philosophical-political reflection and practical politics. Secondly, it aspires to enrich our appreciation of the interlocking threads of the fiduciary constitution of the modern world by examining the developments of this idea in Europe and the United States. Thirdly, it seeks to refine our understanding of the potential of its application to various interconnected areas of philosophy, economics, sociology, and law. Finally, it is intended to propose historically and conceptually informed discussions on the relationship between republicanism and fiduciary principles. (shrink)

As others have argued, modern liberalism can be seen as dominated by the biopolitical. In both the economic and the political realms, this involves a contradictory notion of how the natural gives rise to the cultural and the cultural both suppresses and advances the natural. On either side of this divide, uncontrollable excesses arise, which ensure that this immanentist model is never immune from the return of the theopolitical in a bastardized form. Antique notions of natural justice to some degree (...) escaped these aporias, and yet antiquity had its own version of the biopolitical with its own contradictions: particularly as to whether justice consists in an exchanged balance of legal obligations or a unilateral imposition of equity in the face of living exigencies. Both models of the biopolitical ultimately seek to shore up a doomed finite life in the face of death and hence place limits on the hope for human justice. Only St Paul presented an alternative vision, which makes life itself infinitely indestructible and co-terminous both with meaning and with human existence. His counterfactual of `resurrection' allowed him to imagine an unreserved possibility of human justice beyond legality, which blends equity with hierarchical guidance and makes justice coincide with the entire fulfilment of every human being in relation to all others. Any secular alternative to this is bound to be less radical. (shrink)

In this essay I argue that the distinction between neoliberalism and the Westphalian order that is said to precede it are all facets of one and the same phenomenon: archism. Archism is a style of politics based on rule and division. Looking at the work of Derrida, Foucault and Benjamin, I examine the inner workings of archism and how it can be resisted. Above all, I consider the notion of the ‘archeon’; that privileged perch from which the state or law (...) can judge without itself being subject to that judgment. The archeon, I argue is the central node of archism that allows itself to insinuate into any number of myriad forms without appearing to be the same phenomenon. By looking at the way Benjamin subverts the theological origins of the archeon with the idea of a God who abandons the position of judgment, I show a model for how to think differently about archism such that we do not seem eternally fated to choose between the same false dichotomies over and over again. (shrink)

Political sociologists have paid closer attention of late to the territoriality of political communities, and have even begun theorizing the theme of territoriality’s legitimation. To date, however, the field has mostly overlooked the topic of maps, the quintessential territorial tool. Thus, we know little regarding maps’ crucial role in shaping modern subjects’ relationship to territory. This article argues that “map-mindedness”—i.e., the effects of map imagery on how subjects experience territory—can be productively theorized by working through the social-scientific concept of “place.” (...) Using a range of modern and contemporary examples, I illustrate how maps can draw on and manipulate political subjects’ experience of place. Maps, I submit, allow political communities to render themselves more place-like, thus bridging the phenomenological distance between these abstract, territorially vast units and their “emplaced” subjects. More specifically, maps solve this “problem of distance” through three ideal-typical processes: 1) they render the political community as a proximate “object in the world”; 2) they present the political community as a body-like target for cathexis and identification; and 3) they mediate the traffic of meaning between the local and the national to produce a multi-scalar sense of place that can be harnessed in the service of the political community. Maps are a potent means of “re-personalizing” politics; their study suggests that territoriality is not only a form of “impersonal rule,” as recent works have observed, but always also implicated in the production of political subjects. (shrink)

Questions of sovereignty are unavoidable when considering the production of social power within the context of modernity and globalization. If sovereignty refers to the existence of a highest or supreme power over a set of people, things, or places, then we ought to question whether sovereignty can be legitimately `located' in an agent like a state. Is not supremacy more accurately associated with the structures of relations that set the terms for - or are constitutive of - a domain of (...) social existence? This social sovereignty offers us a way to understand not only how both state and nonstate actors can together be central to the governance of social domains, but also how communities can fashion sovereign `societies' as opposed to states. The case of globalized financial markets is explored as a pointed example of a transboundary form of social sovereignty. (shrink)

Contemporary debates about the role of religion in the public sphere often neglect the historical heritage of secularization theory. This neglect is addressed in La querelle de la sécularisation by the French author Jean-Claude Monod. With him, I follow the path of secularization theory from Hegel to Blumenberg. A forgotten protagonist, Erik Peterson, is brought back to light. Furthermore I describe two classical theories: the transfer thesis and the emancipation thesis. I argue that most thinkers do not simply fit either (...) frame. This complexity is also conspicuous in the 20th century debate, which centers around the ambivalent concept of eschatology. In the Löwith-Blumenberg debate, Löwith’s position is much more sophisticated and closer to Blumenberg’s than it is usually assumed. Their philosophical position with regard to secularization theory turns out to depend on a different approach to eschatology: an ‘immanent’ versus a ‘transcendent’ one. (shrink)

Abstract. Revelations in the United States of secret legal opinions by the Department of Justice, dramatically altering the conventional interpretations of laws governing torture, interrogation, and surveillance, have made the issue of "secret law" newly prominent. The dangers of secret law from the perspective of democratic accountability are clear, and need no elaboration. But distaste for secret law goes beyond questions of democracy. Since Plato, and continuing through such non-democratic thinkers as Bodin and Hobbes, secret law has been seen as (...) a mark of tyranny, inconsistent with the notion of law itself. This raises both theoretical and practical questions. The theoretical questions involve the consistency of secret law with positivist legal theory. In principle, while a legal system as a whole could not be secret, publicity need not be part of the validity criteria for particular laws. The practical questions arise from the fact that secret laws, and secret governmental operations, are a common and often well-accepted aspect of governmental power. This paper argues that the flaw of secret law goes beyond accountability and beyond efficiency to the role that law plays, and can only play, in situating subjects' understanding of themselves in relation to the state. Secret law, as such, is inconsistent with this fundamental claim of the law to orient us in moral and political space, and undermines the claim to legitimacy of the state's rulers. (shrink)