The paper's aim is to tackle some significant challenges faced by democratic theory in plurinational societies. Claims to recognition challenge the assumption of a ‘people speaking in one voice’ and therefore, some basic tenets of liberal democracy. In a context where one cannot assume anymore a homogeneous demos, it is tempting to believe that there may be an independent, yet democratic, principle that may help us to solve the problem of the ‘constitution of the demos.’ Goodin argues that the all-affected (...) interests principle is in fact the best principle of inclusion in democratic decision-making. Yet I argue that the all-affected interests principle is not really useful, at least as a starting point. But if this is so, and if the picture underlying modern democratic theory is seriously undermined by claims to recognition, how are the communities to which self-rule necessarily relates to be bounded? (shrink)

Drawing upon Hannah Arendt's and Carl Schmitt's theories on the relationship between nomos and boundary, this paper revisits how constitutionalism and political power are reconciled as constitutional ordering. It first analyzes constitutionalism in the light of political modernity. Indicating that political power grounded by constitutions is omnipotent, complementing and completing constitutionalism, the paper contends that an omnipotent constitutional ordering is anything but an unleashed Leviathan. It is argued that constitutional omnipotence is framed and thus constrained by a constitutional nomos, the (...) matrix of which is a dual delimitation of boundaries, generational, and jurisdictional. (shrink)

Criticized as a nostalgic anachronism by those who oppose her version of political theory and lauded as symbol of direct democratic participation by those who favor it, the Athenian polis features prominently in Hannah Arendt's account of politics. This essay traces the origin and development of Arendt's conception of the polis as a space of appearance from the early 1950s onward. It makes particular use of the Denktagebuch, Arendt's intellectual diary, in order to shed new light on the historicity of (...) one of her central concepts. The article contends that both critics and partisans of Arendt's use of the polis have made the same mistake: they have presumed that the polis represents a space of face-to-face immediacy. In fact, Arendt compared the polis to a series of analogues, many of which are not centered on direct exchanges between political actors and spectators. As a result, Arendt's early work on the polis turns out to anticipate many of the concerns of her later work on judgment, and her theory of the polis becomes a theory of topics. (shrink)

The French and Dutch referenda on the adoption of a European Constitutional Treaty highlight a remarkable ambiguity in the self‐constitution of a polity, which can be viewed as both constitution by and of a collective self. This ambiguity is a fundamental feature of polities in general, and the European Union in particular. Rather than suppressing this ambiguity, democracy—and a fortiori a European democracy worth its name—institutionalises it as the guiding principle of political action. As will transpire, the conceptual and normative (...) problems raised by political self‐constitution are linked to self‐attribution, i.e., the conditions under which a collective ascribes legislation to itself. (shrink)

How is distributive justice possible with respect to immigration if political decisions about entry and membership cannot be grounded in the symmetry of a prior commonality, human or otherwise, that could guarantee reciprocal relations between members and nonmembers? This paper deals with both aspects of this question. Initially, it engages critically with Seyla Benhabib's plea for ‘dialogical universalism,’ showing why the strong discontinuity between political and moral reciprocity precludes understanding distributive justice as the process of mediating between political particularity and (...) moral universality. Subsequently, it suggests that a way out of this conceptual and normative impasse can be found in the fact that boundaries create a double asymmetry. This double asymmetry is constitutive for the ‘dia’ of the political dialogue that separates and joins members and nonmembers. This ‘in between,’ which eludes control by the parties to a dialogue, is the realm of distributive justice. (shrink)

How is distributive justice possible with respect to immigration if political decisions about entry and membership cannot be grounded in the symmetry of a prior commonality, human or otherwise, that could guarantee reciprocal relations between members and nonmembers? This paper deals with both aspects of this question. Initially, it engages critically with Seyla Benhabib's plea for ‘dialogical universalism,’ showing why the strong discontinuity between political and moral reciprocity precludes understanding distributive justice as the process of mediating between political particularity and (...) moral universality. Subsequently, it suggests that a way out of this conceptual and normative impasse can be found in the fact that boundaries create a double asymmetry. This double asymmetry is constitutive for the ‘dia’ of the political dialogue that separates and joins members and nonmembers. This ‘in between,’ which eludes control by the parties to a dialogue, is the realm of distributive justice. (shrink)

What happens to the concept of security if legal disorder manifests itself not only as illegal behavior but also as alegal behavior—acts that challenge the very distinction between legality and illegality, as drawn by a political community? Focusing on European immigration policy, this paper examines how the distinction between illegal and alegal acts critically illuminates the relation between collective (in)security and the concept of legal (dis)order. It concludes by arguing that this distinction sheds new light on the systematic relation—and tension—between (...) security, freedom, and justice. (shrink)

Drawing upon Hannah Arendt's and Carl Schmitt's theories on the relationship between nomos and boundary, this paper revisits how constitutionalism and political power are reconciled as constitutional ordering. It first analyzes constitutionalism in the light of political modernity. Indicating that political power grounded by constitutions is omnipotent, complementing and completing constitutionalism, the paper contends that an omnipotent constitutional ordering is anything but an unleashed Leviathan. It is argued that constitutional omnipotence is framed and thus constrained by a constitutional nomos, the (...) matrix of which is a dual delimitation of boundaries, generational, and jurisdictional. (shrink)

Many studies have deduced subterranean dialogues between Hannah Arendt and Carl Schmitt from indirect evidence. This article uses new evidence from marginalia in Arendt’s copy of Nomos of the Earth and finds that she formed, but never published, an incisive critique of Schmitt’s geopolitics. Through an analysis of Arendt’s comments on the topics of soil, conquest, and contract, I show that Arendt deemed Schmitt’s theory to be imperialist and in contradiction with itself. Her reading of Schmitt prompts important new questions (...) regarding the scholarly use of Schmitt’s conception of nomos as a tool of critique against American empire in the post-9/11 era. The marginalia also suggests, against past scholarship, that Arendt thought justice should play a central role in politics. I propose that we look to Arendt’s own conception of nomos, which she developed later, in order to form an alternative geopolitics. Because of her focus on intersubjective world-building, Arendt’s nomos embraces contract and promise-mak... (shrink)

According to Gauchet we are living in a `society of individuals'. But a central term is missing from that formula, and not by any accident, for contemporary society has lost it from view: the term of the political. In sum, thus reads Gauchet's diagnosis, society today is haunted by a kind of individualism out of which no society can be conceived, as it obfuscates its political dimension. The aim of this article is to elaborate this diagnosis, and more specifically the (...) idea that there is no society, and therefore no individual either, without the political. In order to do so, I will explore the meaning of the formula `society of individuals'. Within the scope of this analysis, I shall primarily pay attention to the `primacy of the political' in Gauchet. To conclude, I will assess Gauchet's diagnosis, by fathoming in what sense contemporary individualism, besides being an `eclipse of the political', is also a threat to democracy. (shrink)

RÉSUMÉ : Dans sa lecture du rôle de la religion dans l’espace public, Habermas fait abstraction du pouvoir de la religion d’instituer symboliquement les communautés. Gauchet part d’une vision de la religion dans laquelle cette dimension est centrale. Je considère toutefois que Gauchet sous-estime également la mesure dans laquelle la religion a conservé ce pouvoir au sein de la société post-séculière. ABSTRACT: This article seeks to demonstrate that in his reading of the role of religion in the public realm, Habermas (...) has overlooked religion’s power to symbolically institute communities. Although Gauchet starts from a vision of religion in which this dimension is central, I contend that he too underestimates the extent in which religion has retained this power within postsecular society. (shrink)

This article seeks to demonstrate that in his recent reading of the role of religion in the postsecular public realm, Habermas overlooks a most fundamental dimension of religion: its power to symbolically institute communities. For his part, Gauchet starts from a vision of religion in which this fundamental dimension is central. In his evaluation of the role of religion in postsecular society, he therefore arrives at results which are very different from those of Habermas. However, I believe that Gauchet too (...) underestimates the extent to which religion’s power of symbolic community institution has remained intact within modern, postsecular society. In support of this position, I show how relatively heterogeneous phenomena within Western societies, such as the renewed importance of religion in the public realm, the revival of certain forms of nationalism and the associated demand for recognition of group rights and hence for forms of legal pluralism, may prefigure a new transformation of the public realm. (shrink)

How is distributive justice possible with respect to immigration if political decisions about entry and membership cannot be grounded in the symmetry of a prior commonality, human or otherwise, that could guarantee reciprocal relations between members and nonmembers? This paper deals with both aspects of this question. Initially, it engages critically with Seyla Benhabib's plea for ‘dialogical universalism,’ showing why the strong discontinuity between political and moral reciprocity precludes understanding distributive justice as the process of mediating between political particularity and (...) moral universality. Subsequently, it suggests that a way out of this conceptual and normative impasse can be found in the fact that boundaries create a double asymmetry. This double asymmetry is constitutive for the ‘dia’ of the political dialogue that separates and joins members and nonmembers. This ‘in between,’ which eludes control by the parties to a dialogue, is the realm of distributive justice. (shrink)

Recent studies of peacebuilding highlight the importance of attending to people’s local experiences of conflict and cooperation. This trend, however, raises the fundamental questions of how the local is and should be constituted and what the relationship is between institutions and individual actors of peace at the local level of politics. I turn to Hannah Arendt’s thoughts to address these issues. Arendt’s thinking provides a distinctive form of realism that calls for stable institutions but never depletes the spirit of resistance. (...) Peacebuilding guided by this insight seeks to enable parties in conflict to voice their competing opinions by acting agonistically in public and to help them align their disruptive yet creative voices with a desire to establish and sustain common institutions. Thus, Arendt’s thinking not only offers a way to increase sensitivity to local differences but also to provide direction to the politics of resistance. In the end, it offers a balanced insight into peacebuilding and local agency beyond the contemporary liberal and critical approaches to peace. (shrink)