Abstract
Despite the increasing attention devoted to the theme of political judgment, the question of how to theorize judgment as specifically democratic remains elusive. This article shows the promise of Spinoza for approaching such a vexing issue. Through a combined reading of his major political and metaphysical texts, I develop a new concept of political judgment that I call ‘citizen jurisprudence’. Citizen jurisprudence is at once a right (jus) and a power (potentia) that is internally related to the ‘power of the people’. Put another way, citizen jurisprudence is the figure and effect of democracy understood in an expansive sense: not solely as a state form but as an activity of equally free (sui juris) individuals determining the sense and the scope of common affairs. An account of this concept simultaneously nuances Spinoza’s current profile as a political thinker and contributes to efforts within contemporary political theory to recuperate the radical potential of judgment as a mode of democratic agency.
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Notes
Setting out from a reappraisal of Spinoza's conception of the ‘freedom to philosophize’, I show elsewhere how his writings – in a systematic challenge to inherited images, institutions and justifications of sovereignty – cast the problem of judgment as inseparably linked to a political project of popular empowerment. The present article is an attempt to draw out some of the contemporary political–theoretical implications of that problem and project.
Balibar offers a particularly insightful analysis of why, on Spinozist grounds, freedom of judgment cannot be reduced to an abstract entitlement, or merely formal ‘right’. But his largely appreciative critique assumes, nonetheless, that Spinoza's juridical formulation of libertas judicandi is plagued by ‘an intrinsic weakness’ that Spinoza rectifies when he turns later to theorize politics in terms of the effective power (potentia) of the multitude, which Balibar describes as ‘the real conditions of freedom’, and ‘the true matter of politics’ (2008, pp. 117, 120).
For the Latin, I have consulted Spinoza (1925).
In my view, this is distinct from the claim that freedom of judgment is a virtue for the state, that is, that toleration of judgment is a virtue. For such an argument, see Rosenthal (2003) and Steinberg (2010).
For a similar definition of ‘jurisprudence’, but developed in a Deleuzian vein, see Lefebvre (2008, pp. 53–59).
Much of the contemporary interest in this specific area of Spinoza's thought is indebted to Deleuze's pathbreaking (if controversial) reading of the common notions as containing the elements of a practical wisdom of empowerment, a reading that Deleuze first develops in his 1968 and 1970 books on Spinoza (Deleuze, 1988, 1992). Balibar (2008) and Negri (2003) represent other important efforts to read the common notions in this ‘practical’ vein; their interpretations could be viewed as attempts to make more explicit than Deleuze's reading the political implications of the common notions.
For the sake of consistency with Spinoza (and the English translation), I use the masculine pronoun throughout.
This subversion of the late medieval idea of public reason is a point of continuity between Spinoza and Kant. See Vatter (2008) for a genealogy of this idea.
For a recent argument that democracy for Spinoza is the political expression of his ‘intuitive science’, see Del Lucchese (2009).
Rancière (2010a, p. 28) uses a similar formulation to characterize the specificity of politics.
I owe the framing of this point to Stephen Connelly.
References
Arendt, H. (1992) Lectures on Kant’s Political Philosophy. In: Beiner R., (ed.) Chicago, IL: University of Chicago Press.
Balibar, E. (1994) Spinoza, the anti-Orwell: The fear of the masses. In: E. Balibar (ed.) Masses, Classes, Ideas: Studies on Politics and Philosophy Before and After Marx. London: Routledge.
Balibar, E. (2008) Spinoza and Politics. Translated by P. Snowdon. London: Routledge.
Beiner, R. (1983) Political Judgment. Chicago, IL: University of Chicago Press.
Bohman, J. and Rehg, W. (eds.) (1997) Deliberative Democracy: Essays on Reason and Politics. Cambridge, MA: MIT Press.
Chambers, S.A. (2011) Rancière and the problem of pure politics. European Journal of Political Theory 10 (3): 303–326.
Deleuze, G. (1968) Différence et répétition. Paris, France: Presses Universitaires de France.
Deleuze, G. (1988) Spinoza: Practical Philosophy. Translated by R. Hurley. San Francisco, CA: City Lights Books.
Deleuze, G. (1992) Expressionism in Philosophy: Spinoza, Translated by M. Joughin. New York: Zone Books.
Del Lucchese, F. (2009) Democracy, Multitudo and the third kind of knowledge in the works of Spinoza. European Journal of Political Theory 8 (3): 339–363.
Den Uyl, D. (1983) Power, State and Freedom: An Interpretation of Spinoza’s Political Philosophy. Assen, the Netherlands: Van Gorcum.
Elster, J. (ed.) (1998) Deliberative Democracy. Cambridge, UK: Cambridge University Press.
Garsten, B. (2006) Saving Persuasion: A Defense of Rhetoric and Judgment. Cambridge, MA: Harvard University Press.
Gatens, M. and Lloyd, G. (1999) Collective Imaginings: Spinoza, Past and Present. London: Routledge.
Geuss, R. (2010) Political judgment in its historical context. In: R. Geuss (ed.) Politics and the Imagination. Princeton, NJ: Princeton University Press.
Habermas, J. (1996) Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy, Translated by W. Rehg. Cambridge, MA: MIT Press.
Hardt, M. and Negri, A. (2000) Empire. Cambridge, MA: Cambridge University Press.
Hardt, M. and Negri, A. (2004) Multitude: War and Democracy in the Age of Empire. New York: Penguin.
Hardt, M. and Negri, A. (2009) Commonwealth. Cambridge, MA: Belknap Press of Harvard University Press.
Held, D. (2006) Models of Democracy. Stanford, CA: Stanford University Press.
Hippler, T. (2011) The politics of the imagination: Spinoza and the origins of critical theory. In: C. Bottici and B. Challand (eds.) The Politics of the Imagination. London: Birkbeck Law Press.
Lefebvre, A. (2008) The Image of Law: Deleuze, Bergson, Spinoza. Stanford, CA: Stanford University Press.
Levinson, M. (2007) A motion and a spirit: Romancing Spinoza. Studies in Romanticism 46 (4): 367–408.
Lord, B. (ed.) (2012) Spinoza Beyond Philosophy. Edinburgh, UK: Edinburgh University Press.
Montag, W. and Stolze, T. (eds.) (1997) The New Spinoza. Minneapolis, MN: University of Minnesota Press.
Montag, W. (1999) Bodies, Masses, Power: Spinoza and His Contemporaries. New York: Verso.
Moreau, P.-F. (1994) Spinoza: l’expérience et l’éternite. Paris, France: Presses Universitaires de France.
Negri, A. (2003) The Savage Anomaly: The Power of Spinoza’s Metaphysics and Politics, Translated by M. Hardt. Minneapolis, MN: University of Minnesota Press.
Negri, A. (2004) ‘Reliqua Desiderantur’: A conjecture for a definition of the concept of democracy in the final Spinoza. In: The Subversive Spinoza: (Un)contemporary Variations, Translated by T.S. Murphy. Manchester, UK: Manchester University Press.
Pettit, P. (2009) The power of a democratic public. In: R. Gotoh and P. Dumouchel (eds.) Against Injustice: The New Economics of Amartya Sen. Cambridge, UK: Cambridge University Press.
Rancière, J. (2010a) Ten theses on politics. In: S. Corcoran (ed.) Dissensus: On Politics and Aesthetics. London: Continuum.
Rancière, J. (2010b) Does democracy mean something? In: S. Corcoran (ed.) Dissensus: On Politics and Aesthetics. London: Continuum.
Rawls, J. (1993) Political Liberalism. New York: Columbia University Press.
Rosanvallon, P. (2008) Counter-Democracy: Politics in an Age of Distrust, Translated by A. Goldhammer. Cambridge, UK: Cambridge University Press.
Rosenthal, M. (2003) Spinoza’s republican argument for toleration. Journal of Political Philosophy 11 (3): 320–337.
Ruddick, S. (2010) The politics of affect: Spinoza in the work of Negri and Deleuze. Theory, Culture & Society 27 (4): 21–45.
Schumpeter, J.A. (1976) Capitalism, Socialism and Democracy. London: Allen and Unwin.
Sharp, H. (2010) ‘Nemo non videt’: Intuitive knowledge and the question of Spinoza’s elitism. In: C. Fraenkel, D. Perinetti and J. Smith (eds.) The Rationalists: Between Tradition and Innovation. New York: Springer.
Sharp, H. (2011) Spinoza and the Politics of Renaturalization. Chicago, IL: University of Chicago Press.
Smith, S.B. (1997) Spinoza, Liberalism, and the Question of Jewish Identity. New Haven, CT: Yale University Press.
Smith, S.B. (2003) Spinoza’s Book of Life: Freedom and Redemption in the Ethics. New Haven, CT: Yale University Press.
Spinoza, B. (1925) Opera, Translated by C. Gebhardt. Heidelberg, Germany: Carl Winters.
Spinoza, B. (2002) Complete Works, Translated by S. Shirley. Indianapolis, IN: Hackett.
Steinberg, J.D. (2008) Spinoza on being sui iuris and the republican conception of liberty. History of European Ideas 34 (3): 239–249.
Steinberg, J.D. (2010) Spinoza’s curious defense of toleration. In: Y.K. Melamed and M. Rosenthal (eds.) Spinoza’s ‘Theological-Political Treatise’: A Critical Guide. Cambridge, UK: Cambridge University Press.
Steinberger, P. (1993) The Concept of Political Judgment. Chicago, IL: University of Chicago Press.
Urbinati, N. (2006) Representative Democracy: Principles and Genealogy. Chicago, IL: University of Chicago Press.
Vardoulakis, D. (ed.) (2011) Spinoza Now. Minneapolis, MN: University of Minnesota Press.
Vatter, M. (2008) The idea of public reason and the reason of the state: Schmitt and Rawls on the political. Political Theory 36 (2): 239–271.
Weidenfeld, M. (2011) Comportment, not cognition: Contributions to a phenomenology of judgment. Contemporary Political Theory 10 (2): 232–254.
Williams, C. (2007) Thinking the political in the wake of Spinoza: Power, affect and imagination in the ethics. Contemporary Political Theory 6 (3): 349–369.
Zerilli, L. (2012) Value pluralism and the problem of judgment: Farewell to public reason. Political Theory 40 (1): 6–31.
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Skeaff, C. ‘Citizen jurisprudence’ and the people’s power in Spinoza. Contemp Polit Theory 12, 146–165 (2013). https://doi.org/10.1057/cpt.2012.29
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DOI: https://doi.org/10.1057/cpt.2012.29