Sovereignty

Avia Pasternak argues for a right that democracies have to sanction other democracies. This paper reconstructs her argument and objects to one of its premises.

Leftist political theory remains trapped between two dominant conceptions of sovereignty: the liberal conception of popular sovereignty and the decisionist conception of sovereignty as the power to declare a state of exception. This essay offers a historical critique of the liberal and decisionist conceptions of sovereignty and develops a descriptive theory of aristocratic sovereignty, which is more suited to the history and the needs of radical political theory and praxis. By tracing the genealogy of sovereignty through early modern European political (...) thought to the founding of the United States, this essay reveals the debilitating shortcoming of notions of sovereignty derived from both Carl Schmitt and the liberal tradition and provides a basis for a distinctively radical analysis of the sovereign aristocracy in Amerika. (shrink)

Philosophy & Social Criticism, Ahead of Print. This article addresses the modern concept of sovereignty as a multivocal and conflictual semantic field, arguing for the necessity to trace its genealogy based on the structural tensions that haunt its logical framework – as well as its representations – rather than on a linear historiographic reconstruction. In particular, the scrutiny I propose aims to examine a series of exchanges that have been characterizing this concept since the beginning: the global and the European, (...) the maritime and the territorial, the colony and the state, the imperial and the proprietary. The problematic balance between ‘imperium’ and ‘dominium’ is indeed assumed here as the turning point of the rise of a sovereign power that appears to be originally rooted in the very production and governance of the global space, thus giving up all possible Eurocentric narratives of modernity. To illustrate my argument, I focus on the frontispieces to three of Thomas Hobbes’s most important books, that is, his translation of Thucydides’ Peloponnesian Wars, De Cive and Leviathan. A thorough analysis of these images enables us to understand how these lines of force traverse the very heart of modern European political concepts, along with the mirroring effects that constantly bounce their normative construction of subjectivity back and forth from the periphery to the centre and, ultimately, from the market to the state. (shrink)

This article addresses the modern concept of sovereignty as a multivocal and conflictual semantic field, arguing for the necessity to trace its genealogy based on the structural tensions that haunt...

This article addresses the modern concept of sovereignty as a multivocal and conflictual semantic field, arguing for the necessity to trace its genealogy based on the structural tensions that haunt...

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

While the immediate aim of Walter Benjamin’s famous essay, “Critique of Violence,” is to provide a critique of legal violence, commentators typically interpret it as providing a further critique of state violence. However, this interpretation often receives no further argument, and it remains unclear whether Benjamin’s essay may prove analytically relevant for a critique of state violence today. This paper argues that the “Critique” proves thusly relevant, but only on condition that it is developed in two directions. The first direction (...) is conceptual, and consists in an explanation of the necessary relationship between states and violence. This explanation is found by appealing to a concept not cited in Benjamin’s text, but which, I argue, remains its implicit basis: sovereignty. According to this conceptual development, state violence is the necessary result of the state's attempt to maintain its sovereign law at the expense of emancipatory struggles to generate non-sovereign law. The second direction is genealogical, and consists in destabilizing the modern belief that justice is best served through the judicial channels of a sovereign state. Here I employ Michel Foucault’s genealogical research to demonstrate the historical contingency of state justice and, by extension, the possibility of a justice beyond the state. (shrink)

In The Shifting Border, Ayelet Shachar argues that the exercise of sovereign power through border regimes no longer tracks territorial boundaries. In my commentary, I first argue that Shacha...

European Journal of Political Theory, Ahead of Print. In The Shifting Border, Ayelet Shachar argues that the exercise of sovereign power through border regimes no longer tracks territorial boundaries. In my commentary, I first argue that Shachar’s analysis implicitly calls into question the legitimacy of the international order. I then raise the worry that the logic which severs the link between the exercise of sovereignty and territory is the same logic that can be used to justify injustice and atrocity such (...) as ethnic cleansing. Shachar’s normative proposals do not sufficiently recognize or guard against this risk. (shrink)

The ethics of immigration is currently marked by a division between realists and idealists. The idealists generally focus on formulating morally ideal immigration policies. The realists, however, tend to dismiss these ideals as far-fetched and infeasible. In contrast to the idealists, the realists seek to resolve pressing practical issues relating to immigration, principally by advancing what they consider to be actionable policy-recommendations. In this article, I take issue with this conception of realism. I begin by surveying the way in which (...) it exemplifies what certain political theorists have recently called ‘problem-solving’ realism – a species of realism which they reject as incoherent. These theorists demonstrate that what counts as a ‘feasible’ solution is far harder to establish than most problem-solving realists would have us believe. Applying this general critique to the specific domain of immigration ethics turns out to radically undermine the notion of realism that prevails in this sphere of applied ethics. I conclude that we should therefore revise our conception of what constitutes a genuinely realist approach to the problem of immigration. (shrink)

Nineteenth-century colonial jurists, sociologists, and Indian nationalists revived the ancient Indian legal concept of rakshasa marriage by bride capture after vanquishing her kinsmen, which the Hindu “lawgiver” Manu condemned but permitted to the warrior caste alone. Only the Kshatriyas, India's designated sovereigns, could break patriarchal and brahmanical authority in this way. But rakshasa marriage was also identified with the demon Ravana, who abducted Sita in the epic Ramayana, and with Hindu nationalism's Muslim enemy. Preoccupied with the loss of kshatriyahood, Hindu (...) nationalism uniquely premised sovereignty on the power to dispossess enemy Fathers of their women: from Bankim Chandra Chattopadhyay's celebration of epic hero Arjuna and Krishna's own rakshasa marriages, to the appropriation of this supposedly Muslim method by the architect of Hindutva, Vinayak Damodar Savarkar. Transcending the “sexual contract” in the Indian case, rakshasa marriage's association of bride capture and miscegenation with sovereignty sheds new light on gendered Partition violence, beyond brahmanical notions of purity and honor. (shrink)

Recovering a marginal body of pluralist political thought from early twentieth-century India, this article explores how the question of popular sovereignty shaped the federalist reconfiguration of the anticolonial democratic project. The turn to federalism was facilitated by the Indian reckoning with Hegel in the late nineteenth century, which led to the diagnosis that the universality ascribed to monist sovereignty relies on a “unilinear” theory of development. Through a sustained engagement with British pluralist and American progressive thought, Indian federalist thinkers eventually (...) developed a many-willed conception of the people. In so doing, they hoped to overcome the denial of Indian peoplehood on the ground of its lack of national unity and historical backwardness. However, the alternative source of sovereignty the federalists pointed to—plural and many-willed—stood in tension with their simultaneous pursuit of a people speaking in one voice. In this way, the constitutive tension of the pluralist conception of sovereignty came strikingly alive in the colonial world. (shrink)

This article argues that capital flight of real investment presents governments with a quadrilemma. First, governments can tailor their policies to attract investors – but this is incompatible with a whole range of alternative policy choices. Second, they can simply accept capital flight – but this is incompatible with a robust capital stock and tax base. Third, they can harmonize its taxes and regulations with other states – but this is incompatible with international independence. Fourth, they can impose capital controls (...) – but this is incompatible with international capital mobility. These incompatibilities make up four different goals, the value of which are described. Strategies may be mixed, but the pursuit of any three goals must always come at the expense of the fourth. (shrink)

Authentic community engagement in Indigenous communities insists on the exercise of tribal sovereignty over research. American Indian and Alaska Native tribes are sovereign Nations with uni...

The aim of this article is to investigate the Habermasian way of problematizing the European political situation through consideration of the conceptual framework within which he develops his proposal. I begin by clarifying various conceptual difficulties that emerge when thinking about politics within the European Union. I then focus on the concept of popular sovereignty as procedure, which Habermas develops in Between Facts and Norms against the historical backdrop of the nation state. In the debate regarding European constitutionalization, the concept (...) of popular sovereignty as procedure first assumes a critical function against proponents of the no demos thesis. More recently, Habermas has advanced a concept of shared/divided sovereignty, which becomes indispensable when we consider Europe as a democratic federation. The conclusions hereby drawn disclose two problematic aspects of Habermas’s recent proposal. Respectively, these concern the viability of his approach and the questionable plausibility of this proposed federation’s ability to uphold democracy in terms of self-determination. (shrink)

This project retraces activations of Kierkegaard in the development of polit­ical theology. It suggests alternative modes of states of exception attributed to him. Several Kierkegaardian themes open themselves to 'something like pure potential' in Agamben, namely: living death, animality, criminality, auto-constitution, modification, liturgy, love and certain articulations of improbabilities. (*Accompanying file includes only front matter, abstract, and endnotes*).

New data-driven technologies yield benefits and potentials, but also confront different agents and stakeholders with challenges in retaining control over their data. Our goal in this study is to arrive at a clear picture of what is meant by data sovereignty in such problem settings. To this end, we review 341 publications and analyze the frequency of different notions such as data sovereignty, digital sovereignty, and cyber sovereignty. We go on to map agents they concern, in which context they appear, (...) and which values they allude to. While our sample reveals a considerable degree of divergence and an occasional lack of clarity about intended meanings of data sovereignty, we propose a conceptual grid to systematize different dimensions and connotations. Each of them relates in some way to meaningful control, ownership, and other claims to data articulated by a variety of agents ranging from individuals to countries. Data sovereignty alludes to a nuanced mixture of normative concepts such as inclusive deliberation and recognition of the fundamental rights of data subjects. (shrink)

In response to the Covid pandemic the Norwegian government put in place the strictest border closures in Norwegian modern history, restricting entry to most foreign nationals. The Prime Minister, Erna Solberg, justified these restrictions with reference to the rise of new Covid variants, and the need to limit visitors to Norway as much as possible. In this paper we critically examine both the justification given for the border closure, and explore the possible adverse effects this closure might bring about. We (...) argue that the recent closures are not morally justified, that they place an unjust burden on transnational citizens and Norwegians with close relations abroad, and that such border closures can have severe impacts for many individuals, on Norway’s international standing and on social cohesion. (shrink)

Saunkeah et al. argue that the principles of sovereignty and solidarity form the moral foundation for extending the Belmont Principles to tribal communities, by providing tribes with a right...

This article reveals three aspects of victimhood in Bataille’s reading of Sade (of the other, of the self, and Sade’s language) and relates them to some of Bataille’s metaphysical and political notions: the impossible, the general and the restricted economy, sovereignty, and transgression. Doing so shows a progressive simplification of possibilities for transgression from the pre-Christian world to that of popular sovereignty, i.e., the sovereignty of the crowd, the latter leaving open one avenue for transgression: Sadean victimhood. The article then (...) applies these aspects to the pamphlet in Sade’s Philosophy in the Boudoir, “Frenchmen, Some More Effort If You Wish to Become Republicans,” in relation to a contemporaneous document of popular sovereignty, the preamble to the Constitution of the Year III, titled “Declaration of the Rights and Duties of Man and Citizen.” Attending to the aspects of Sadean victimhood in “Effort” shows that its system’s very impossibility makes it the Declaration’s logical completion. Finally, that impossibility is revealed as the sovereignty of the masses, distinct from that of the crowd. (shrink)

This article reveals three aspects of victimhood in Bataille’s reading of Sade (of the other, of the self, and Sade’s language) and relates them to some of Bataille’s metaphysical and political notions: the impossible, the general and the restricted economy, sovereignty, and transgression. Doing so shows a progressive simplification of possibilities for transgression from the pre-Christian world to that of popular sovereignty, i.e., the sovereignty of the crowd, the latter leaving open one avenue for transgression: Sadean victimhood. The article then (...) applies these aspects to the pamphlet in Sade’s Philosophy in the Boudoir, “Frenchmen, Some More Effort If You Wish to Become Republicans,” in relation to a contemporaneous document of popular sovereignty, the preamble to the Constitution of the Year III, titled “Declaration of the Rights and Duties of Man and Citizen.” Attending to the aspects of Sadean victimhood in “Effort” shows that its system’s very impossibility makes it the Declaration’s logical completion. Finally, that impossibility is revealed as the sovereignty of the masses, distinct from that of the crowd. (shrink)

Legitimacy is a concept that has been largely forgotten by the deconstructive discourse on law and politics. This article seeks, on the one hand, to reassess the role of legitimacy in deconstruction and, on the other hand, to bring deconstructive thinking to bear on the concept of legitimacy. By re-reading Derrida’s “Declarations of Independence” through the lenses of his later texts on sovereignty and (counter)signature, it is argued that, rather than being deconstructible, legitimacy is deconstructing any self-founding of law and (...) power. As such, legitimacy functions not as an evaluative concept of law and order but as a constantly insisting demand that facilitates the principles of responsibility and responsiveness. (shrink)

The classical theory of sovereignty describes sovereignty as absolute and undivided yet no early modern state could claim such features. Historical record instead suggests that sovereignty was always divided and contested. In this article I argue that Foucault offers a competing account of sovereignty that underlines such features and is thus more historically apt. While commentators typically assume that Foucault’s understanding of sovereignty is borrowed from the classical theory, I demonstrate instead that he offers a sui generis interpretation, which results (...) from the application of his general strategic conception of power to sovereignty itself. In construing sovereignty through a “matrix” of civil war, Foucault thus deprives it of the absoluteness traditionally attributed to it. Instead, he views sovereignty as constituted by conflictual and mobile power relations, a precarious political technology that deploys violence to restore its authority. I also motivate Foucault’s contention that popular sovereignty remains fundamentally continuous with the absolutist sovereignty it succeeds, insofar as it masks and thereby perpetuates unequal power relations in conditions of social conflict. According to Foucault, sovereignty is not a fact of power but a contestory claim, a discourse whose mutability helps to explain its persistence today. (shrink)

This chapter criticizes several methods of responding to the techniques foreign powers are widely acknowledged to be using to subvert U.S. elections. It suggests that countries do this when they have a legitimate stake in each other’s political deliberations, but no formal voice in them. It also suggests that if they accord each other such a voice, they will engage as co-deliberators with arguments, rather than trying to undermine each other’s deliberative processes; and that this will be salutary for all (...) parties. It moots several methods for giving nations such a voice, ranging from inviting representatives of foreign powers to participate in debates in each other’s high-level elections, to having representatives of all nations vote in each other’s key elections or legislative bodies, or in international bodies constituted in recognition of the need for binding global deliberation about shared issues. (shrink)

The aim of this article is to read Rogues, in order to show that Derrida is neither a philosopher of democracy nor a critic of sovereignty, but rather a thinker of democratic sovereignty. Taking my cue from his Aporias, I argue that democratic sovereignty is aporetically in excess over itself, for it is based on articulating the path through the im-possible passage from the unconditional injunction of the ‘promise’ to the exigency of sovereignty. That is why it can neither be (...) absorbed into the conditions of any existing democracy nor abstracted into any pure identity of sovereignty. Political trends today fail in enduring the aprioricity of aporia, as neoliberals valorize the posited conditions of existing democracy and populists the objective pregivenness of the ‘people’. (shrink)

The Crisis of Kingship in Late Medieval Islam: Persian Emigres and the Making of Ottoman Sovereignty By MarkiewiczChristopher, xv + 345 pp. Price HB £90.00. EAN 978–1108492140.

This short theoretical and argumentative essay contributes to the ongoing deliberation about the so-called digitalfug sovereignty, as pursued particularly in the European Union. Drawing from classical political science literature, the essay approaches the debate through paradoxes that arise from applying classical notions of sovereignty to the digital domain. With these paradoxes and a focus on the Peace of Westphalia in 1648, the essay develops a viewpoint distinct from the conventional territorial notion of sovereignty. Accordingly, the lesson from Westphalia has more (...) to do with the capacity of a state to govern. It is also this capacity that is argued to enable the sovereignty of individuals within the digital realm. With this viewpoint, the essay further advances another, broader, and more pressing debate on politics and democracy in the digital era. (shrink)

Interdisciplinary work on the nature of borders and society has enriched and complicated our understanding of democracy, community, distributive justice, and migration. It reveals the cognitive bias of methodological nationalism, which has distorted normative political thought on these topics, uncritically and often unconsciously adapting and reifying state‐centered conceptions of territory, space, and community. Under methodological nationalism, state territories demarcate the boundaries of the political; society is conceived as composed of immobile, culturally homogenous citizens, each belonging to one and only one (...) state; and the distribution of goods is analyzed according to a stark opposition between the domestic and the international. This article describes how methodological nationalism has shaped central debates in political philosophy and introduces recent work that helps dispel this bias. (shrink)

We agree with Saunkeah and colleagues that research ethics principles outlined by the Belmont Report—which guide the procedural basis for “human subjects” research in the United States throu...

In “Extending Research Protections to Tribal Communities,” Saunkeah et. al. argue that sovereignty and solidarity are necessary to extend research protections under the Belmont principles and deriv...

This article approaches the recent Wonder Woman film as a presentation of the tensions traditionally associated with the paradox of democratic foundations. Steeped in classical mythology, Wonder Woman adapts two origin myths from the Athenian polis: the myth of Pandora and the myth of the heroic colonizing demigod. Through its adaptation of these myths I argue that Wonder Woman offers two competing responses to the democratic paradox of founding. One is exceptionalist, where sovereign interventions by extraordinary ‘super-agents’ like Wonder Woman (...) are justified by their unique origins and identities. The second response subverts this narrative, however, offering a tragic depiction of democratic agency. Through the relationships formed with Diana’s human companions, I argue that Wonder Woman shows the insufficiency of a politics of heroic origins, suggesting agents must continually struggle to establish communities which do not ignore their historical failures or their powers to address these. Wonder Woman therefore provides important imaginative resources for resisting the kinds of seductive, exceptionalist political narrative it also presents. (shrink)