Carl Schmitt's notion of nomos is commonly regarded as the international equivalent to the national sovereign's decision on the exception. But can concrete spatial order alone turn a constellation of forces into an international order? This article looks at Schmitt's work The Nomos of the Earth and proposes that it is the process of bracketing war called Hegung which takes the place of the sovereign in the international order Schmitt describes. Beginning from an analysis of nomos, the (...) ordering function of the presocratic concept moira is explored. It is argued that the process of Hegung, like moira, does not just achieve the containment of war, but constitutes the condition of possibility for plural order. (shrink)

This essay explores the treatment of the relation between nature (phusis) and norm or convention (nomos) in Democritus and in certain Platonic dialogues. In his physical theory Democritus draws a sharp contrast between the real nature of things and their representation via human conventions, but in his political and ethical theory he maintains that moral conventions are grounded in the reality of human nature. Plato builds on that insight in the account of the nature of morality in the myth (...) in the Protagoras. That provides material for a defense of morality against the attacks by Callicles in the Gorgias and Thrasymachus and Glaucon in the Republic, all of whom seek to use the nature-convention contrast to devalue morality. (shrink)

This essay, following an existing train of scholarship working to make sense of the Platonic connection to Utopia, argues for nomos as a useful angle in furthering this understanding. Raphael's approach to politics combines with the Utopian social system to suggest a highly Platonic vision of nomos, whereby social norms are absorbed into an essentialized nature, stripped of all arbitrariness and therefore, ostensibly, perfectly rational. The result is a sterile regime that fails to acknowledge the whimsical elements necessary (...) to the human soul and therefore also necessary to actual human societies. (shrink)

The issues of just what laws of nature are and what makes statements law-like have been more discussed than advanced. After exploring the general area and uncovering some difficulties which, I suspect, make the case even knottier than generally imagined, I argue that certain resources available only to the theist---in particular, counterfactuals of God’s freedom---may provide the materials needed for constructing solutions.

El presente artículo tiene por objeto analizar la figura de los demagogoí en Política de Aristóteles y cómo éstos se relacionan con la democracia. Un estudio de la descripción de dicho vínculo no puede soslayar el peso que tienen los nómoi y los psephísmata. Si bien nos enfocaremos en los libros IV y V, tendremos en cuenta la totalidad de la obra. Nuestra hipótesis es que es posible reconocer una connotación peyorativa en el campo léxico que se mantiene incluso en (...) los pasajes en donde la crítica ha visto un sentido neutro en dichas palabras. (shrink)

Toleration has a rich tradition in Western political philosophy. It is, after all, one of the defining topics of political philosophy—historically pivotal in the development of modern liberalism, prominent in the writings of such canonical figures as John Locke and John Stuart Mill, and central to our understanding of the idea of a society in which individuals have the right to live their own lives by their own values, left alone by the state so long as they respect the similar (...) interests of others. -/- Toleration and Its Limits, the latest addition to the NOMOS series, explores the philosophical nuances of the concept of toleration and its scope in contemporary liberal democratic societies. Editors Melissa S. Williams and Jeremy Waldron carefully compiled essays that address the tradition's key historical figures; its role in the development and evolution of Western political theory; its relation to morality, liberalism, and identity; and its limits and dangers. -/- Contributors: Lawrence A. Alexander, Kathryn Abrams, Wendy Brown, Ingrid Creppell, Noah Feldman, Rainer Forst, David Heyd, Glyn Morgan, Glen Newey, Michael A. Rosenthal, Andrew Sabl, Steven D. Smith, and Alex Tuckness. (shrink)

A partire dal commento ad una sentenza sul problema della discriminazione razziale in una scuola privata, Cover presenta una teoria del pluralismo normativo fondata sulla distinzione fra autorità e significato. A tale dicotomia è dovuta la “proliferazione” dei mondi normativi e delle interpretazioni costituzionali. L’autore descrive i processi di formazione dei significati giuridici – la cosiddetta “giusgenesi” – ed offre una teoria della giurisdizione adatta ad un universo giuridico connotato da un radicale pluralismo. Così facendo, Cover intende mettere in luce (...) il potenziale trasformativo del diritto e in particolare del costituzionalismo. (shrink)

The article aims to challenge the narrative on modernity, which was presented by Carl Schmitt in his book The Nomos of the Earth. The publication of Polish translation of this classic book is a good opportunity to re-think the conditions of possibility of Schmitt’s philosophical and geopolitical discourse. The German jurist described the formation of Eurocentric and stato-centric global order (nomos) in a way, that delegitimized the practices of resistance as unlawful (anomos). The author proposes – following Gilles (...) Deleuze and Félix Guattari – to re-interpret the terms nomos and anomos in order to present anomos in positive way, as a potentiality to form an alternative political order. In conclusion the author tries to convince that the order of anomos is based upon the development of the commons and its contemporary manifestations express themselves in the practices of social movements, which disturb linear vision of history. (shrink)

The issues of just what laws of nature are and what makes statements law-like have been more discussed than advanced. After exploring the general area and uncovering some difficulties which, I suspect, make the case even knottier than generally imagined, I argue that certain resources available only to the theist---in particular, counterfactuals of God’s freedom---may provide the materials needed for constructing solutions.

Superficially, citizenship appears relatively simple: a legal status denoting political membership. However, critical citizenship studies scholars suggest that citizenship is first and foremost a political practice. When non-citizens, such as irregularised migrants, constitute themselves as citizens through their actions, irrespective of legal status, these practices of citizenship have transformational potential because they are extra-legal. Yet, there is an ambivalence here: rights-claiming migrants tend to frame their key demands within the terms of the law often by calling for the regularisation of (...) their status. This article addresses this ambivalence by adopting a ‘deconstructive method’ to investigate the legal dimensions of citizenship as sites of theoretical and political intervention. It is argued that practices of rights-claiming by irregularised migrants are important to grasp because they mobilise the paradoxes inherent to the fact that universal rights are enshrined in the constitutional texts of modern citizenship in order to generate new legal meanings and horizons of justice. This hypothesis is explored through a series of illustrative examples of rights-claiming taking place within and beyond the formal confines of legal orders. In so doing, the article sets out a novel conceptual framework for analysing how migrants’ claims to justice strategically negotiate citizenship in its legal form. (shrink)

The paper examines the introduction of the so-called professor’s privilege in Sweden in the 1940s and shows how this legal principle for university patents emerged out of reforms of techno-science and the patent law around World War II. These political processes prompted questions concerning the nature and functions of university research: How is academic science different than other forms of knowledge production? What are the contributions of universities for economy and welfare? Who is the rightful owner of scientific findings? Is (...) academic science “work”? By following the introduction of the professor’s privilege, the paper shows how spokespersons for the academic profession addressed such questions and contributed to a new definition of university science through boundary-setting, normative descriptions, and by producing symbolic relationships between science and the economy. The totality of those positions is here referred to as a “nomos” – that is: a generic and durable set of seemingly axiomatic claims about universities. This Swedish nomos, as it took shape in the 1940s, amalgamated classical notions of academic science as exceptional and autonomous with emerging ideas of inventiveness and close connections between academics and business. Crucially, though, the academic-industrial relations embedded in this nomos were private and individual, thus in sharp conflict with the ideas of entrepreneurial universities evolving globally by the end of the 20th century. (shrink)

This article examines the relationship between reflecting and making in the context of the new institutional connection between research and art/design. The article argues that while this new dispensation offers exciting possibilities for fruitful cross- and interdisciplinary development, caution is necessary to ensure that the artistic domain retains a level of autonomy within the broader university. For elucidation, the article initially looks to the early history of education in our fields and to Pierre Bourdieu's account of the "early moments of (...) the autonomization of the artistic field," in his critique of the "scholastic disposition." Bourdieu recognises "a repression of the material determinations of symbolic practices" within those early developments: in effect, a repression of those embodied, situated, and practical aspects of art and design production. He regards such repression as a trait of the broader academy, both then and in subsequent and recent periods. The article argues that this attitude still provides the impetus for what James Elkins refers to as "the incommensurability of studio art production and university life." The article further argues that a parity of esteem between reflecting and making is vital not only for the sake of the stability of the fields of art and design but for the ongoing development of the broader university. In this argument the article looks to the work of John Dewey, Martin Heidegger, and Hans-Georg Gadamer. (shrink)

Do lawmakers have a greater ethical responsibility to compromise than ordinary citizens? How does one rectify what is at stake when lawmakers concede to compromise for the sake of reaching resolution? Is compromise necessarily equalizing and is it a reasonable mode of problem solving and dispute resolution? In this latest installment from the NOMOS series, distinguished scholars across the fields of political science, law, and philosophy tackle the complex set of questions that relate to the practice of compromise and (...) its implications for social and political life in modern societies. -/- The volume, edited by Jack Knight, brings together a range of perspectives – in both disciplinary and substantive terms – on representation, political morality, disagreement, negotiation, and various forms of compromise. The ten essays reflect a variety of considerations across interdisciplinary lines, and provide a new and thought-provoking discussion of the policy, practice, and philosophy of compromise, covering a number of specific topics including alternative dispute resolution (ADR) and conscientious objection. -/- Examining these issues and more, Compromise offers new and thought provoking insights into the pressing issue of the importance of compromise in social and political affairs. (shrink)

Essays on the political, legal, and philosophical dimensions of political legitimacy Scholars, journalists, and politicians today worry that the world’s democracies are facing a crisis of legitimacy. Although there are key challenges facing democracy—including concerns about electoral interference, adherence to the rule of law, and the freedom of the press—it is not clear that these difficulties threaten political legitimacy. Such ambiguity derives in part from the contested nature of the concept of legitimacy, and from disagreements over how to measure it. (...) This volume reflects the cutting edge of responses to these perennial questions, drawing, in the distinctive NOMOS fashion, from political science, philosophy, and law. Contributors address fundamental philosophical questions such as the nature of public reasons of authority, as well as urgent concerns about contemporary democracy, including whether “animus” matters for the legitimacy of President Trump’s travel ban, barring entry for nationals from six Muslim-majority nations, and the effect of fundamental transitions within the moral economy, such as the decline of labor unions. Featuring twelve essays from leading scholars, Political Legitimacy is an important and timely addition to the NOMOS series. (shrink)

O presente texto, cujo título é “O campo como nómos biopolítico da modernidade e a figura do muçulmano” tem por objetivo geral examinar a noção de campo como nómos biopolítico presente na modernidade, segundo as afirmações da obra de Giorgio Agamben, destacando a figura do muçulmano como seu habitante e como um paradigma da vida nua em oposição à forma-de-vida. Para que se possa realizar o objetivo proposto, iniciamos com a abordagem dos conceitos de vida nua e de biopolítica em (...) Agamben, indicando alguns de seus interlocutores, tais como Michel Foucault e Hannah Arendt. Em seguida, analisamos o conceito de campo, que caracteriza o Estado de exceção permanente na modernidade, e a figura do mulçumano, no interior dele. Por último, apresentamos breves considerações acerca da enigmática noção de forma-de-vida, com hífen, enquanto oposta a vida nua, na medida em que uma torna inoperante a politização da vida, a biopolítica. (shrink)

El reto de la sofística obligó a Platón a afirmar el juego recíproco de Nomos y Logos, de ley y medida, para poder sostener debidamente la ilustración de la comunidad política en su intercambio retórico constante. La sofística demostró que el Nomos absoluto no existe y que son los hombres quienes tienen que forjarlo. Sobre la racionalidad de la retórica se erigió la sofística, cuyo objetivo fue ganar ilustración para las decisiones públicas. Retórica y sofística ven correctamente que (...) la acción política razonable está mediatizada por el lenguaje, pero caen en un error al asumir el Logos como mero instrumento o estrategia individuales, pues ello hace estallar la comunidad política. El saber como dialéctica es una respuesta de Platón a la lucha de opiniones que practican los sofistas. El saber es saber en la opinión, reflexión inmanente a la praxis, siempre abierta a la corrección. (shrink)