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.

Philosophy & Social Criticism, Ahead of Print. This paper focuses on Lefort’s and Rancière’s conceptions of democracy as a set of conflictual processes through which the composition of the public sphere is reassessed. Reading their works together and sometimes in opposition to each other, the paper extracts elements of a theory of inessential sovereignty that avoids the pitfalls of populist antagonism and of neoliberal diffuse domination. It analyses Lefort’s and Rancière’s understandings of democracy as rule of the people, which are (...) based on ontological and aesthetical distinctions between ‘politics’ and ‘the political’. It argues that in the structural situation of dissensus described by both Lefort and Rancière, popular sovereignty could be conceptualized as lying in an ability to shape and transform the public sphere. (shrink)

This paper focuses on Lefort’s and Rancière’s conceptions of democracy as a set of conflictual processes through which the composition of the public sphere is reassessed. Reading their works together and sometimes in opposition to each other, the paper extracts elements of a theory of inessential sovereignty that avoids the pitfalls of populist antagonism and of neoliberal diffuse domination. It analyses Lefort’s and Rancière’s understandings of democracy as rule of the people, which are based on ontological and aesthetical distinctions between (...) ‘politics’ and ‘the political’. It argues that in the structural situation of dissensus described by both Lefort and Rancière, popular sovereignty could be conceptualized as lying in an ability to shape and transform the public sphere. (shrink)

Recent scientific studies suggest that the destabilisation of the earth's climate and biodiversity loss are not separate, but interdependent phenomena. In this context, some have proposed the creation of a ‘Global Safety Net’ of ecoregions that should be preserved to stop further biodiversity loss, preventing at the same time the growth of CO2 emissions produced by deforestation and allowing natural carbon removal. In this article, I suggest that a first step to achieve this might be to replace permanent sovereignty over (...) natural resources in these areas with permanent guardianship. I propose to take some inspiration from a model that has already been implemented over an entire continent with a fair degree of success. In 1959, the Antarctic Treaty froze the sovereign claims of seven countries over Antarctica. However, these countries plus 47 others today have been remarkably successful at jointly preserving the continent for peace, science, and the protection of the environment, especially since the signature of the Environmental Protocol in 1991. After outlining some principles that could give form to a Global Environmental Protocol for Ecoregions, I address a series of objections and offer some concluding remarks. (shrink)

Recent scientific studies suggest that the destabilisation of the earth's climate and biodiversity loss are not separate, but interdependent phenomena. In this context, some have proposed the creation of a ‘Global Safety Net’ of ecoregions that should be preserved to stop further biodiversity loss, preventing at the same time the growth of CO2 emissions produced by deforestation and allowing natural carbon removal. In this article, I suggest that a first step to achieve this might be to replace permanent sovereignty over (...) natural resources in these areas with permanent guardianship. I propose to take some inspiration from a model that has already been implemented over an entire continent with a fair degree of success. In 1959, the Antarctic Treaty froze the sovereign claims of seven countries over Antarctica. However, these countries plus 47 others today have been remarkably successful at jointly preserving the continent for peace, science, and the protection of the environment, especially since the signature of the Environmental Protocol in 1991. After outlining some principles that could give form to a Global Environmental Protocol for Ecoregions, I address a series of objections and offer some concluding remarks. (shrink)

Recent scientific studies suggest that the destabilisation of the earth's climate and biodiversity loss are not separate, but interdependent phenomena. In this context, some have proposed the creation of a ‘Global Safety Net’ of ecoregions that should be preserved to stop further biodiversity loss, preventing at the same time the growth of CO2 emissions produced by deforestation and allowing natural carbon removal. In this article, I suggest that a first step to achieve this might be to replace permanent sovereignty over (...) natural resources in these areas with permanent guardianship. I propose to take some inspiration from a model that has already been implemented over an entire continent with a fair degree of success. In 1959, the Antarctic Treaty froze the sovereign claims of seven countries over Antarctica. However, these countries plus 47 others today have been remarkably successful at jointly preserving the continent for peace, science, and the protection of the environment, especially since the signature of the Environmental Protocol in 1991. After outlining some principles that could give form to a Global Environmental Protocol for Ecoregions, I address a series of objections and offer some concluding remarks. (shrink)

Journal of Social Philosophy, EarlyView.

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)

Is political equality viable when a capitalist economy unequally distributes private property? This book examines the nexus between wealth and politics and asks how institutions and citizens should respond to it. -/- Theories of democracy and property have often ignored the ways in which the rich attempt to convert their wealth into political power, implicitly assuming that politics is isolated from economic forces. This book brings the moral and political links between wealth and power into clear focus. The chapters are (...) divided into three thematic sections. Part I analyses wealth and politics from the perspective of various political traditions, such as liberalism, republicanism, anarchism, and Marxism. Part II addresses the economic sphere, and looks at the political influence of corporations, philanthropists, and commons-based organisations. Finally, Part III turns to the political sphere and looks at the role of political parties and constitutions, and phenomena such as corruption and lobbying. -/- Wealth and Power: Philosophical Perspectives will be of interest to scholars and advanced students working in political philosophy, political science, economics, and law. (shrink)

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)

How Tocqueville’s ideas can help us build resilient liberal democracies in a divided world How can today’s liberal democracies withstand the illiberal wave sweeping the globe? What can revive our waning faith in constitutional democracy? Tocqueville’s Dilemmas, and Ours argues that Alexis de Tocqueville, one of democracy’s greatest champions and most incisive critics, can guide us forward. Drawing on Tocqueville’s major works and lesser-known policy writings, Ewa Atanassow shines a bright light on the foundations of liberal democracy. She argues that (...) its prospects depend on how we tackle three dilemmas that were as urgent in Tocqueville’s day as they are in ours: how to institutionalize popular sovereignty, how to define nationhood, and how to grasp the possibility and limits of global governance. These are pivotal but often neglected dimensions of Tocqueville’s work, and this fresh look at his writings provides a powerful framework for addressing the tensions between liberalism and democracy in the twenty-first century. Recovering a richer liberalism capable of weathering today’s political storms, Tocqueville’s Dilemmas, and Ours explains how we can reclaim nationalism as a liberal force and reimagine sovereignty in a global age—and do so with one of democracy’s most discerning thinkers as our guide. (shrink)

The Grotian Moment concept provides a lens through which to reflect on the enduring hold of state sovereignty on international environmental law. The article traces the development of the field’s customary rule framework and canvasses efforts to push its conceptual boundaries beyond the inter-state paradigm. Given their dominant role in the field, the article then provides a brief overview of treaty-based approaches to the development of international environmental law. It focuses on the global response to the climate emergency, as illustrative (...) of how international environmental law has evolved in response to the challenges posed by complex crises. The article concludes by suggesting that international environmental law is unlikely to see a Grotian Moment at the level of customary international law, but that it does hold potential for the new thinking and new approaches that could produce a ‘quasi’ Grotian Moment. (shrink)

Conservation scholarship and policies are concerned with the viability of idealized ecological communities constructed using human metrics. We argue that the discipline of conservation assumes an epistemology and ethics of human sovereignty/dominion over animals that leads to violent actions against animals. We substantiate our argument by deconstructing a case study. In the context of recent bushfires in Australia, we examine recent legislation passed by the parliament of New South Wales, policy documents, and academic articles by conservationists that support breaking communities (...) of horses and/or killing 4,000 horses in Kosciuszko National Park, NSW. Theoretically framing our deconstruction against human sovereignty over animals and anthropocentrism, we affirm an intersectional, ecofeminist approach that values animals as relational and vulnerable agents. We uncover first the epistemic violence of categorizing horses as “pests,” and the anthropocentric nature of recently passed legislation in NSW. We analyze next the deficient ethics of NSW's government, and the argument that killing animals is justifiable when they suffer from starvation and dehydration. We close with a realistic proposal that does not involve breaking horses’ communities and/or killing horses, and a plea to the government of NSW and conservationists not to harm any horses in KNP. (shrink)

Constellations, Volume 29, Issue 3, Page 393-395, September 2022.

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 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)

Journal of Political Philosophy, Volume 30, Issue 2, Page 143-165, June 2022.

The article suggests that the Kantian account of mental illnesses is part of his study of logic in an attempt to claim, above all, that they hinder the training of attention, which will later allow us to publicly pursue knowledge. To this, the author elucidates the epistemic place that Kant gives to attention (_Aufmerksamkeit_)_ _in his transcendental, metaphysical, and anthropological remarks, given the important role it plays in the public elaboration of knowledge. Addressing the place that Kant gives to mental (...) weaknesses and illnesses in his anthropology lessons, the article sheds light on some correlations between these pathologies and attention, considering that mental weaknesses, as well as, mental illnesses warp, or are caused by, the fragile attention with which we direct our thoughts. This permits to shed light on a Kantian ideal related to the sovereignty of our attention, understood as a condition of possibility of the individual autonomy. (shrink)

This article analyzes a popular meme that has spread rapidly among Chinese internet users in the last few years, ‘garlic chives’ ( jiucai), as a self-mockery of the bio-economic subject in contemporary China. This metaphor refers to those ordinary Chinese people who are constantly lured to participate in all kinds of economic activities, but whose investments are destined to be consumed by the establishment. Through a close study of this popular meme and the social conditions from which it arises, this (...) article demonstrates two main features of the Chinese economic subject that supports the state’s economic sovereignty: the thriving of self-sufficient and rule-abiding individuals, and the quality of these individuals as hard working and capable of producing wealth on their own. This article offers a critique of PRC’s post-socialist governmentality, and it provides insights about the relation between the biological and the political in our complicated world order. (shrink)

The coronavirus pandemic and climate crisis have highlighted the power of governments in relation to people and the societies in which they live. This article looks at two sociological approaches that together capture the core features of the relationship between sovereignty, society and individual safety. Sociologists of human rights point to the importance of sovereignty for the enforcement of human rights and draw on the work of Arendt, who argues all rights are lost to those who find themselves outside the (...) protection of the state. Wickham’s Hobbesian sociology adds an important social dimension to these ideas. He adopts Hobbes’ argument that sovereignty secures both society and the protection of people. The article recovers additional ideas in Hobbes’ theory of rights that further link these two approaches. For Hobbes, governments hold a responsibility to protect their citizens’ right to survive. The article discusses the relevance of these ideas to the coronavirus pandemic and climate crisis. It argues sociology is well-placed to explore ways in which the continued exercise of sovereign power in relation to society and human survival is shaping humanity’s response to these global crises. (shrink)

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)

The purpose of this article is to understand how historical oppression has undermined health through environmental injustices that have given rise to food insecurity. Specifically, the article examines ways in which settler colonialism has transformed and contaminated the land itself, impacting the availability and quality of food and the overall health of Indigenous peoples. Food security and environmental justice for Gulf Coast, state-recognized tribes has been infrequently explored. These tribes lack federal recognition and have limited access to recourse and supplemental (...) resources as a result. This research fills an important gap in the literature through exploring the intersection of environmental justice and food insecurity issues for this population. Partnering with a community-advisory board and using a qualitative descriptive methodology, 31 Gulf Coast Indigenous women participated in semi-structured interviews about their healthcare experiences and concerns. Through these interviews, participants expressed concerns about (a) the environmental impacts of pollution on the contamination of food and on the health of tribal members; and (b) the impact of these changes on the land, such as negatively impacting gardening practices. The authors of this study document how environmental changes have compounded these concerns and contribute to the overall pollution of food and water sources and unviability of subsistence practices, severely effecting tribal members’ health. In conclusion, we show how social and environmental justice issues such as pollution, industry exploitation, and climate change perpetuate the goals of settler colonialism through undermining cultural practices and the overall health of Indigenous peoples. (shrink)

No topic has caused more discussion in recent philosophy and political theory than sovereignty. From late Foucault to Agamben, and from Guantanamo Bay to the 'war on terror,' the issue of the extent and the nature of the sovereign has given theoretical debates their currency and urgency. New thinking on sovereignty has always imagined the styles of human selfhood that each regime involves. Each denomination of sovereignty requires a specific mode of subjectivity to explain its meaning and facilitate its operation. (...) The aim of this book is to help outline Jacques Derrida's thinking on sovereignty - a theme which increasingly attracted Derrida towards the end of his career - in its relationship to subjectivity. It investigates the late work Rogues: Two Essays on Reason, as not only Derrida's fullest statement of his thinking on sovereignty, but also as the destination of his career-long interest in questions of politics and self-identity. The book argues that in Derrida's thinking of the relationship between sovereignty and subjectivity - and the related themes of unconditionality and ipseity - we can detect the outline of Bataille's adaptation of Freud. Freud completed his 'metapsychology,' by defining the 'economic' nature of subjectivity. In Bataille's hands, this economic theory became a key to the nature of inter-relationship in general, specifically the complex and shifting relationship between subjectivity and power. In playing with Bataille's legacy, Derrida connects not only with the irrepressibly outrageous thinking of philosophy's most self-consciously transgressive thinker, but with the early twentieth century scientific revolution through which 'energy' became ontology. As with so many of the forebears who influenced him, Derrida echoes and adapts Bataille's thinking while radically de-literalising it. The results are crucial for understanding Derrida's views on power, subjectivity and representation, as well as all of the other key themes in late Derrida: hospitality, justice, otherness and the gift. (shrink)

A lot has happened in Indian Country recently: water protectors and the NoDAPL movement brought international attention to Native sovereignty and ongoing resistance to settler forms of violence against Indigenous ways of being; a settler public became aware of the MMIW movement and the ongoing assault on the lives of Indigenous women; an apology was given by executive order for a genocide that occurred in California and a Truth and Healing Council was created to investigate the historical relations between California (...) Indians and the state of California; and Native identity is "complex" and certain people seek to profit from that complexity by duplicitously or erroneously claiming Native identity, to name a few. To... (shrink)

Bernard Stiegler’s contributions to political philosophy in the presence of technology are honored and complemented by imagining an encounter with the thought of Leo Strauss. The concept of sovereignty is taken as pivotal. Notions of sovereignty find expression not only in nation state politics but also in engineering and technology. Pierre Manent calls attention to further roots in Christian theology. The complexities and challenges of this interweaving point suggest the need for a “Tractatus Politico-Technologicus.”.

ABSTRACT The political works of Adam Blackwood offer a powerful defence of absolute monarchy, and one which explicitly sets political power within a religious framework. Critiquing the resistance theories of his contemporaries, Blackwood was sceptical about the political value of natural law and of any appeal to popular sovereignty, at least in contemporary Europe. Blackwood was deeply troubled by the way Christianity was being used to justify resistance, often in Protestant texts that aligned Christianity and natural law, and he insisted (...) that true Christianity taught obedience. Though he has often been likened to his contemporary Jean Bodin, a closer examination of Blackwood’s writing reveals significant differences, especially on the linked issues of natural law, the value of historical argument, and religion. For Blackwood, sovereign power in general had to be underpinned by religion, the one constant in a world of diverse and mutable social practices, and its particular, local manifestation had to be understood historically, as the product of conquest and force. Aware of the potential tensions between Catholic Christianity and monarchical authority, Blackwood also developed a distinctive piety in an attempt to bolster the alliance he advocated between religious and political authority. (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 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 article aims to explore the link between commodification of nature and commodification of food. The latter is in fact one of the most negative and controversial aspects of nature commodification. The examination of food commodification represents fertile ground for investigating the relationship between humans and nature. In this context, food sovereignty provides a useful paradigm that not only serves as an alternative to the current food regime, but also allows for the experiencing a different kind of relationship between humans (...) and nature. Food sovereignty represents a unique social movement in which community, political, and cultural rights are intertwined with the issue of food. Through its multidisciplinary approach and its strongly ethical component, food sovereignty constitutes an opportunity in order to contrast the progressive commodification of nature and of the environment. (shrink)

This paper analyses the intertwinement of legal philosophy and political theory in the British intellectual framework between the late 19th and early 20th centuries, with specific regard to Harold Laski's works. I will try to illustrate the transition from 19th-century utilitarianism to H. L. A. Hart and Isaiah Berlin as evolving through important debates which include Laski's contribution. I will argue that a discussion of “juridical” obligation, i.e., the conditions of legal validity, may lie implicitly in these concerns that Laski (...) and other early 20th-century British authors had about “political” obligation—viz., about the nature of the state and its claim to obedience. By approaching Laski's theories and their genealogy through a legal-philosophical perspective, I will contend that this debate about political obligation anticipates to a considerable extent some of the most renowned conceptions of obligation in 20th-century British legal theory. (shrink)

Nombrar al mal: soberanía, seguridad y guerra ilegal Este artículo defiende la importancia fundamental del "nombrar al mal" como operación constitutiva del discurso político moderno. Para lograr este objetivo, el artículo llama primero la atención sobre cómo los discursos institucionales y públicos globales, y aparentemente consensuados, han definido al Estado Islámico de Irak y Siria como una forma contemporánea del "mal" y cómo la comunidad internacional ha concebido su posicionamiento de cara a esta entidad. Basándose en este análisis y en (...) la historia de las luchas de los primeros tiempos de la modernidad contra los piratas y los "enemigos de la humanidad", el artículo muestra que la modernidad política no ha logrado borrar la práctica "arcaica" de nombrar al mal, sino que se ha apoyado constantemente en ella. Para fundar esta afirmación, el artículo identifica los patrones discursivos y los efectos prácticos de la nominación del mal, y destaca la relación ambivalente entre la nominación del mal y la soberanía y la seguridad como piedras angulares de la modernidad política. El artículo concluye abordando la cuestión de si, y hasta qué punto, el concepto del mal puede ser criticado y descartado, como han argumentado algunos estudiosos. (shrink)

Constellations, Volume 29, Issue 1, Page 19-33, March 2022.

This review essay takes stock of the state of the field and speculates on its future. I highlight three themes. First, as the field has expanded, theorists come to migration from different methodological stances. While liberalism, broadly construed, continues to be the dominant framework, theorists increasingly find resources in feminist thought and philosophy of race. Second, normative theorists now engage much more deeply with the empirical literature, in some cases combining fieldwork and normative theory. This has led to a shift (...) from broad questions about the morality and legitimacy of border controls to more specific issues such as the ethics of refugee camps and repatriation, the realities of immigration enforcement and surveillance regimes, and the role of race and racialization in immigration policy, as well as challenges specific to particular geographical regions. Third, migration raises broader issues of political theory, challenging us to reimagine political and social boundaries for a mobile world. (shrink)

The question of how to treat an incapacitated patient is vexed, both normatively and practically—normatively, because it is not obvious what the relevant objectives are; practically, because even once the relevant objectives are set, it is often difficult to determine which treatment option is best given those objectives. But despite these complications, here is one consideration that is clearly relevant: what a patient prefers. And so any device that could reliably identify a patient’s preferences would be a promising tool for (...) guiding the treatment of incapacitated patients. The patient preference predictor is just such a tool—an algorithm that takes as inputs a patient’s sociodemographic characteristics, and outputs a reliable prediction about that patient’s treatment preferences.1 But some have worried that the use of such a tool would violate or fail to appropriately respect patients’ autonomy. There are, I think, two ways to understand this kind of criticism. First, globally—as a worry that any systematic implementation of the PPP would be problematic on the grounds that it would result in significant or pervasive autonomy violations. Second, locally—as a worry that in some important range of cases, certain uses of the PPP would be problematic on autonomy grounds. Jardas et al, as I read them, address global autonomy-based criticisms, arguing—convincingly, in my view—that there’s no reason to suspect the autonomy concerns raised by the PPP would be so significant and pervasive as to render any implementation of it generally problematic.1 But even with the global criticisms rebuffed, there remains work to be done. Any ethically acceptable implementation of the PPP must be sensitive to the more local autonomy-based criticisms, with restrictions and safeguards in place to ensure respect for autonomy in the kinds of cases in which the use of the PPP might otherwise threaten …. (shrink)