Prominent critical theorists (including Jürgen Habermas) have embraced a radical democratic version of the popular notion of ‘global governance without government’, according to which postnational democratization can be achieved without establishing robust firms of postnational statehood. The sources of the argument in Hauke Brunkhorst’s recent theorizing are critically interrogated. Brunkhorst’s interpretation of the European Union as an emerging case of postnational democracy, his critique of traditional ideas of state sovereignty, and Kelsenian notions about the primacy of global law are criticized. (...) Robust democracy ‘beyond the nation-state’ will necessarily require the establishment of democratic postnational statehood. Keywords: global governance; global democracy; state building; monopoly on violence; cosmopolitanism; critical theory (Published: 10 March 2009) Citation: Ethics & Global Politics. DOI: 10.3402/egp.v2i1.1939. (shrink)

Radical democratic political theorists have used the concept of constituent power to sketch ambitious models of radical democracy, while many legal scholars deploy it to make sense of the political and legal dynamics of constitutional politics. Its growing popularity notwithstanding, I argue that the concept tends to impede a proper interpretation of civil disobedience, conceived as nonviolent, politically motivated lawbreaking evincing basic respect for law. Contemporary theorists who employ it cannot distinguish between civil disobedience and other related, yet ultimately different, (...) modes of political illegality. The essay also examines Jürgen Habermas’ recent contributions to a theory of mixed or dualistic constituent power, conceding that Habermas avoids many theoretical and political ills plaguing competing radical democratic theoretical retrievals. Nonetheless, Habermas’ attempt to salvage the idea of constituent power as part of... (shrink)

Climate activists have recently engaged in widely publicized acts of politically motivated lawbreaking. This article identifies and critically analyzes two seemingly overlapping but in fact divergi...

"Examines the processes of acceleration in politics, economic, culture, and society at large.

Dieser Beitrag untersucht die Verteidigung von Öko-Sabotage durch den schwedischen Ökomarxisten Andreas Malm, einschließlich seiner expliziten und impliziten theoretischen Fundamente. Malm wirft Fragen für die Verteidigung mit bürgerlichen Mitteln durch nicht-gewalttätige Aktivisten im Allgemeinen auf und für zivilen Ungehorsam insbesondere. Leider erzeugen wesentliche Spannungen in Malms Verteidigungskonzeption einige Verwirrung in seiner Analyse. Er attackiert nicht-gewalttätigen Protest (einschließlich zivilen Ungehorsam) in greller, unfairer Farbigkeit. Da er zentrale Ideen seiner Analyse nicht erklärt – insbesondere den Zusammenhang zwischen politischer Gewalt (violence) und nicht-Gewalttätigkeit (...) (viol‍ence), maskiert sein theoretischer Rahmen den Umstand, dass einige seiner Vorschläge weniger neu oder subversiv sind, als er annimmt; dieser Fehler ist möglicherweise die Quelle für eine konkurrierende – und noch verstörendere – Tendenz, mögliche autoritäre Antworten auf die Klimakrise zu unterstützen. Malm entwertet schließlich zivilen Ungehorsam und überschätzt die „Tugenden“ militanter Öko-Sabotage. (shrink)

Everywhere, life seems to be speeding up: we talk of “fast food” and “speed dating.” But what does the phenomenon of social acceleration really entail, and how new is it? While much has been written about our high-speed society in the popular media, serious academic analysis has lagged behind, and what literature there is comes more from Europe than from America. This collection of essays is a first step toward exposing readers on this side of the Atlantic to the importance (...) of this phenomenon and toward developing some preliminary conceptual categories for better understanding it. Among the major questions the volume addresses are these: Is acceleration occurring across all sectors of society and all dimensions of life, or is it affecting some more than others? Where is life not speeding up, and what results from this disparity? What are the fundamental causes of acceleration, as well as its consequences for everyday experience? How does it affect our political and legal institutions? How much speed can we tolerate? The volume tackles these questions in three sections. Part 1 offers a selection of astute early analyses of acceleration as experienced in the late nineteenth and early twentieth centuries. Part 2 samples recent attempts at analyzing social acceleration, including translations of the work of leading European thinkers. Part 3 explores acceleration’s political implications. (shrink)

The useful publication of Judith N Shklar's final undergraduate lectures at Harvard provides an opportunity to take a careful look at her reflections on political obligation, a matter always of gre...

An impressive body of recent literature posits that traditional notions of civil disobedience prevent us from properly considering potentially legitimate types of ‘uncivil’ political lawbreaking. When might uncivil (covert, legally evasive, morally offensive and potentially violent) lawbreaking prove normatively acceptable? If justifiable, what conditions should its practitioners be reasonably expected to meet? Despite some important insights, defenders of uncivil disobedience rely on a narrow and sometimes misleading view of civil disobedience, as previously practiced and theorized. Notwithstanding legitimate skepticism about Rawlsian (...) notions of civil disobedience, they reproduce its troublesome binary or ‘all-or-nothing’ view of political lawbreaking. Uncivil disobedience’s proponents tend to group a vast array of distinctive types of lawbreaking under one amorphous categorical rubric, impeding the suitably complex, nuanced analysis we need. A superior approach would pay careful attention to uncivil disobedience’s ambivalent historical record, a record suggesting that UD is more likely to reproduce authoritarian populism’s disturbing political logic than counteract it. (shrink)

Does a hard-headed realist approach to international politics necessarily involve scepticism towards progressive foreign policy initiatives and global reform? Should proponents of realism always be seen as morally complacent and politically combative? In this major reconsideration of the main figures of international political theory, Bill Scheuerman challenges conventional wisdom to reveal a neglected tradition of progressive realism with much to contribute to contemporary debates about international policy-making and world government. Far from seeing international reform as well-meaning but potentially irresponsible (...) idealism, progressive realists like E.H. Carr, John Herz, Hans J. Morgenthau, and Reinhold Niebuhr developed forward-looking ideas which offer an indispensable corrective to many presently influential views about global politics. Progressive realism, Scheuerman argues, offers a compelling and provocative vision of radical global change which - when properly interpreted, can help buttress current efforts to address the most pressing international issues. After recovering key subterranean strands in mid-twentieth century realism, Scheuerman underscores their relevance to contemporary international theory. Criticizing more recent realists for abandoning their tradition's best insights, he also demonstrates that reform-minded international theories - including versions of cosmopolitanism, constructivism, the English School, liberalism, and republicanism - could all benefit from taking Progressive Realism seriously. A major contribution both to the history of international relations and contemporary debates in international theory, The Realist Case for Global Reform concludes by considering how progressive realism informs the foreign policies of US President Barack Obama. (shrink)

The media hoop-la about Edward Snowden has obscured a less flashy yet more vital – and philosophically relevant – part of the story, namely the moral and political seriousness with which he acted to make the hitherto covert scope and scale of NSA surveillance public knowledge. Here I argue that we should interpret Snowden’s actions as meeting most of the demanding tests outlined in sophisticated political thinking about civil disobedience. Like Thoreau, Gandhi, King and countless other grass-roots activists, Snowden has (...) in fact articulated a powerful defense of why he was morally obligated to engage in politically motivated law-breaking. He has also undertaken impressive efforts to explain how his actions are distinguishable from ordinary criminality, and why they need not culminate in reckless lawlessness. In fact, his example can perhaps help us advance liberal and democratic ideas about civil disobedience. First, it highlights sound reasons why, pace the orthodox view, the acceptance of punishment by those engaging in civil disobedience should not be seen as a precondition of its legitimacy. Second, Snowden reminds us that ours is an era in which intensified globalization processes directly shape every feature of political existence. Defenders of civil disobedience need to update their reflections accordingly. (shrink)

This is the first full-length study in English of twentieth-century Germany's most influential authoritarian right-wing political theorist, Carl Schmitt, that focuses on the central place of his attack on the liberal rule of law. This is also the first book in any language to devote substantial attention to Schmitt's subterranean influence on some of the most important voices in political thought in the United States after 1945.

Scholars are increasingly concerned about social biases in facial analysis systems, particularly with regard to the tangible consequences of misidentification of marginalized groups. However, few have examined how automated facial analysis technologies intersect with the historical genealogy of racialized gender—the gender binary and its classification as a highly racialized tool of colonial power and control. In this paper, we introduce the concept of auto-essentialization: the use of automated technologies to re-inscribe the essential notions of difference that were established under colonial (...) rule. We consider how the face has emerged as a legitimate site of gender classification, despite being historically tied to projects of racial domination. We examine the history of gendering the face and body, from colonial projects aimed at disciplining bodies which do not fit within the European gender binary, to sexology's role in normalizing that binary, to physiognomic practices that ascribed notions of inferiority to non-European groups and women. We argue that the contemporary auto-essentialization of gender via the face is both racialized and trans-exclusive: it asserts a fixed gender binary and it elevates the white face as the ultimate model of gender difference. We demonstrate that imperialist ideologies are reflected in modern automated facial analysis tools in computer vision through two case studies: commercial gender classification and the security of both small-scale and large-scale spaces. Thus, we posit a rethinking of ethical attention to these systems: not as immature and novel, but as mature instantiations of much older technologies. (shrink)

" -- Seyla Benhabib, Harvard University "Winner, 1996 Elaine and David Spitz Book Prize for the best book on liberal and democratic theory, Conference for the Study of Political Thought.

By revisiting late-Weimar debates between Carl Schmitt and two left-wing critics, Otto Kirchheimer and Franz L Neumann, we can shed light on the surprising alliance of populist politics with key tenets of economic liberalism, an alliance that vividly manifests itself in the political figure and retrograde policies of Donald Trump. In the process, we can begin to fill a striking lacuna in recent scholarly literature on populism, namely its failure to pay proper attention to matters of political economy. We can (...) also perhaps begin to make sense of the roots of Trump’s assault on the US federal state: formal law and its organizational basis, modern bureaucracy, represent potential restraints on the alliance of populism with neoliberalism. (shrink)

The ideas of Hans Morgenthau dominated the study of international politics in the United States for many decades. He was the leading representative of Realist international relations theory in the last century and his work remains hugely influential in the field. In this engaging and accessible new study of his work, William E. Scheuerman provides a comprehensive and illuminating introduction to Morgenthau’s ideas, and assesses their significance for political theory and international politics. Scheuerman shows Morgenthau to be an (...) uneasy Realist, uncomfortable with conventional notions of Realism and sometimes unsure whether his reflections should be grouped under its rubric. He was a powerful critic of the existing state system and defended the idea of a world state. By highlighting Morgenthau’s engagement with the leading lights of European political and legal theory, Scheuerman argues that he developed a morally demanding political ethics and an astute diagnosis of the unprecedented perils posed by nuclear weaponry. Believing that the irrationalities of US foreign policy were rooted partly in domestic factors, he sympathized with demands for radical political and social change. Scheuerman illustrates that Morgenthau’s thinking has been widely misunderstood by both disciples and critics and that it offers many challenges to contemporary Realists who discount his normative aspirations. With the advent of the cosmopolitan goal of international reform, Morgenthau’s work serves up an unsettling mix of sympathy and hard-headed skepticism which remains crucially important in the development of the field. Lucidly and persuasively written, this book will be a valuable resource for students and scholars seeking to understand the continued importance of Morgenthau’s thinking. (shrink)

Scholarly and political interest in the controversial 20th Century German thinker Carl Schmitt has exploded in the last twenty years. This volume, focusing directly on Schmitt’s complex ideas about law, situates his views within broader debates about the rule of law and its fate, taking seriously his Nazi-era political and legal writings.

A complete translation of Aristotle's classic that is both faithful and readable, along with an introduction that provides the modern reader with a means of understanding this seminal work and its impact on our culture. In this volume, Joe Sachs (translator of Aristotle's _Physics, Metaphysics,_ and the _Nicomachean Ethics _)also supplements his excellent translation with well-chosen notes and glossary of important terms. Focus Philosophical Library translations are close to and are non-interpretative of the original text, with the notes and a (...) glossary intending to provide the reader with some sense of the terms and the concepts as they were understood by Aristotle’s immediate audience. (shrink)

How does the experience of busyness impact democratic political life? My hunch is that those reading this essay might very well offer the following answer: busyness means that we relegate political activities to the bottom of a long and sometimes tedious laundry list of “things to get done.” In fact, many of us no longer even bother to include the basic activities of citizenship –getting informed about the issues, deliberating with our peers about matters of common concern, attending a political (...) meeting, or even voting —on the list in the first place. Like this author, many of you probably feel somewhat guilty about this as well, and thus try to compensate in some way or another… At worst, busyness generates political disinterest and apathy: many of our fellow citizens openly describe the most fundamental form of democratic participation, the vote, as “a waste of time.” At best, it seems to privilege an acceleration of political activity: we seek speedy and rapidly consummated types of involvement that do not unduly add to the enormous time pressures we already feel. Unfortunately, it remains unclear whether even such high-speed forms of citizen involvement are normatively satisfactory. Can liberal democracy flourish when a growing number of us avoid the responsibilities of citizenship altogether, while even those of us who try to remain politically involved insist that they be dealt with quickly and painlessly? In this essay, I hope at the very least to deepen our understanding of this quagmire. If I am not mistaken, it provides a useful starting point for examining one of the core challenges of contemporary political life: how can we make sure that busyness and citizenship coexist in a potentially fruitful, though by no means necessarily harmonious, relationship? (shrink)

Can politically inspired property damage or destruction be justified? This question is hardly of mere academic interest, in light of recent political protests in Hong Kong, the USA, and elsewhere. Against some contemporary writers, I argue that placing property damage under an open-ended rubric of uncivil disobedience does not generate the necessary conceptual and normative distinctions. Drawing on Martin Luther King, Jr., I instead argue that property damage should not be equated or conflated with violence against persons; it also takes (...) a variety of quite different forms. Anyone hoping to pursue politically motivated property damage should meet preconditions whose stringency will be determined by a key question: Do their acts generate or at least plausibly relate to violence against persons? Our answer to the question provide some space for legitimate, politically motivated property damage. Although some theories of property resist the strict delineation of violence to persons from property damage I defend, they fail to capture the realities of property ownership in existing societies, including the USA and, as such, do not undermine my defense, under existing conditions, of limited property damage. (shrink)

In the pathbreaking essays collected here, Neumann and Kirchheimer demonstrate that the death of democracy and the rise of fascism during the first half of the twentieth century suggest crucial lessons for contemporary political and legal scholars. The volume includes writings on constitutionalism, political freedom, Nazism, sovereignty, and both Nazi and liberal law. Most important, the Frankfurt authors point to the continuing efficacy of the rule of law as an instrument for regulating and restraining state authority, as well as ominous (...) evidence of the rule of law's fragility in modern liberal democracy. (shrink)

Nudging works through dispositions to decide with specific heuristics, and has three component parts. A nudge is a feature of an environment that enables such a disposition; a person is nudged when such a disposition is triggered; and a person performs a nudged action when such a disposition manifests in action. This analysis clarifies an autonomy-based worry about nudging as used in public policy or for private profit: that a person’s ability to reason well is undermined when she is nudged. (...) Reasoning well is a component of self-guidance, which is an aspect of autonomy and so something there is reason to promote, preserve, or respect. However, a person can reason well when she is nudged: Many of these heuristics are good rules to reason with, and she can be flexible with respect to them when she takes there to be a better way to reason. Along the way, this paper uncovers several design specifications for responsible nudging, and discusses open empirical questions. However, nudging’s being compatible with reasoning well crystallizes a distinct worry about manipulation: that nudge designers can rely on nudged people guiding themselves toward the designers’ own ends. Manipulation of this sort exploits one aspect of autonomy (namely, self-guidance) to undermine autonomy in other respects. (shrink)