Modern thinking about democracy is largely governed by the concept of constituent power. Some versions of the concept of constituent power, however, remain haunted by the spectre of totalitarianism. In this article, I outline an alternative view of the identity of the people whose constituent power generates democratic authority. Broadly speaking, constituent power signifies the idea that all political authority, including that of the constitution, must find its source in some idea of ‘the people’, whose authority is never exhausted by (...) constituted power. The deficiency I seek to address is that of asking who the people is to whom any claim of authority refers, while avoiding the pitfalls of totalitarianism. I show the most famous totalitarian view of constituent power – advanced by Carl Schmitt – to be not only politically unsavoury but also ontologically unjustified. To outline my alternative view, I draw on Jacques Derrida’s concept of just decisions to argue that the undecidable inaugurates collective responsibility by demanding a response. This suggests a view of ‘the people’ as a doing rather than a being. I conclude by showing how this avoids totalitarian views of popular sovereignty by demonstrating its congruency with Claude Lefort’s democratic theory as opposed to totalitarianism. (shrink)

Modern thinking about democracy is largely governed by the concept of constituent power. Some versions of the concept of constituent power, however, remain haunted by the spectre of totalitarianism. In this article, I outline an alternative view of the identity of the people whose constituent power generates democratic authority. Broadly speaking, constituent power signifies the idea that all political authority, including that of the constitution, must find its source in some idea of ‘the people’, whose authority is never exhausted by (...) constituted power. The deficiency I seek to address is that of asking who the people is to whom any claim of authority refers, while avoiding the pitfalls of totalitarianism. I show the most famous totalitarian view of constituent power – advanced by Carl Schmitt – to be not only politically unsavoury but also ontologically unjustified. To outline my alternative view, I draw on Jacques Derrida’s concept of just decisions to argue that the undecidable inaugurates collective responsibility by demanding a response. This suggests a view of ‘the people’ as a doing rather than a being. I conclude by showing how this avoids totalitarian views of popular sovereignty by demonstrating its congruency with Claude Lefort’s democratic theory as opposed to totalitarianism. (shrink)

The political philosophy of radical democracy has made innumerable invaluable contributions to theories of democracy. However, while radical democrats tend to focus on the political, a cogent and comprehensive framework of law appropriate to radical democracy has only recently been begun to be developed. Interpreting the vast tradition of radical democracy to be based at least on the fundamental tenets of radical equality, anti-foundationalism, and to a lesser extent conflict, this paper argues that the oft-forgotten work of the American legal (...) philosopher Robert Cover may provide critical resources for a radical democratic theory of law. According to Cover, every agent living under law is embedded, or embeds themselves, within a nomos or normative universe. From this nomos legal texts become imbued with widely different meanings, many of which will be mutually incompatible. Cover’s legal anarchism, moreover, gives way to the argument that no agent or institution has a particularly privileged view of the ‘correct’ law. Accordingly, every legal texts gives rise to a proliferation of normative universes which due to their mutual incompatibility will eventually come into conflict with one another. This paper shows that Cover’s normative commitments are highly congruent with those professed by many radical democrats, and that therefore Cover’s legal philosophy furnishes a fruitful basis on which to further theorise a framework of radical democratic or agonistic law that incorporates struggle while remaining committed to equality and disavowing of any determinate foundations. (shrink)

This article takes issue with the practical and the cognitive roles of normality within political life and its relevance to the constitution of the groups that comprise a political community. From a practical viewpoint, normality fosters standards of correctness; from a cognitive viewpoint, these standards are what allows individuals to perceive themselves, and to be recognized, as group members. To achieve this aim, the article delves into Carl Schmitt’s and Pierre Bourdieu’s accounts of how politics is a field where semantic (...) struggles take place that are meant to impose alternative visions of the social world. Different types of connections and relationships among individuals and groups (which rule out alternative connections and relationships) shore up a specific vision of the social world (which rules out alternative visions). The article concludes by saying that awareness of the normalizing effects of politics is key to producing a counter-politics meant to defy the naturalization and de-historicization that every political representation furthers. (shrink)

In this article, I engage with what relevant literature addresses as the ‘paradox of democracy’ and trace it back to the dialectic between authorization and representation established by social contract theories. To make my argument, I take Rousseau’s Social Contract as a paradigmatic example of the paradox and analyse it in light of Hegel’s critical response. My aim is to show that, although Rousseau rejects the idea of representing the popular will, representation resurfaces in his Republic from top to bottom (...) and engenders a structural opposition between citizens and rulers: drawing on the Hegelian scrutiny of contractarianism, I focus on three key moments in Rousseau’s theory, namely the Lawgiver, the majority rule and the executive power. After illustrating how the social contract undermines democratic participation in deliberative processes, I suggest that Hegel’s philosophy of right overcomes the paradox by positively assuming it as a dialectical contradiction that requires a specific constitutional approach to democracy. In this sense, I argue, the Hegelian perspective on democratic deliberation helps us to better frame Rousseau’s ambition to conceive the Republic as a free community of equals and urges us to elaborate a more coherent understanding of participation in a pluralistic society. (shrink)

Does the wide distribution of political power in democracies, relative to other modes of government, result in better decisions? Specifically, do we have any reason to believe that they are better qualitatively – more reasoned, better supported by the available evidence, more deserving of support – than those which have been made by other means? In order to answer this question we examine the recent effort by Talisse and Misak to show that democracy is epistemically justified. Highlighting the strengths and (...) weaknesses of their arguments, we conclude that the differences between an epistemic conception of democracy and an epistemic justification of democracy are fundamental to determining the relative attractions of different arguments for democracy, and their implications for actual forms of government. -/- . (shrink)

Earthquakes are among the world’s deadliest natural phenomena. On an increasingly crowded Earth, earthquake risk management therefore should be taken seriously as a global policy problem. Thus, this chapter discusses some of the ethical dimensions of earthquakes as a phenomenon of planetary significance in the Anthropocene. I do not attempt an exhaustive survey, but consider one background ethical issue: the kinds of harms that occur when an earthquake impacts human habitation. We may distinguish three categories of human-related harms: personal harms, (...) which accrue to individual humans; social harms, which impact on social relationships between humans; and institutional harms, which compromise the ability of institutions to respond to the quake. This analysis will help us better appreciate the moral salience of earthquakes as a global policy imperative in the Anthropocene. (shrink)

This paper examines Honig’s use of Rancière in her book ‘Democracy and the Foreigner’. In seeking to clarify the benefits of ‘foreignness’ for democratic politics it raises the concern that Honig does not acknowledge the ways in which her own democratic cosmopolitanism may be more akin to Rancière’s police than politics. By challenging Honig’s assertion that democracy is usually read as a romance with the suggestion that it is more commonly read as a horror, I unpick the interstices of Honig’s (...) and Rancière’s work to separate foreignness from democratic cosmopolitanism. Instead, although I posit democratic cosmopolitanism’s potential as a police more conducive to politics I also suggest that the particular salience of Honig’s ‘foreigner’ figure is that it supplements Rancièrian politics, demonstrating a praxis of ‘looking anew’ at our ordinary social practices. By making these seem strange to us, we can discover a new critical perspective from which to question and subvert, thereby furthering the potential of Rancièrian democratic politics. (shrink)

Giorgio Agamben presents us with one of the most powerful and controversial criticisms of human rights. He contests conventional understandings of human rights as normative setbacks on sovereign power, and shows instead how these rights reinforce sovereignty by producing bare lives that are irredeemably exposed to violence. This essay aims to understand the distinctive aspects of Agamben's critique and assess his concluding call for a politics beyond human rights. It suggests that this call is necessitated by a counternarrative of Western (...) politics that ties human rights inextricably to the logic Agamben ascribes to biopolitical sovereignty. Within this stringent logic, any politics organized around human rights cannot help but reproduce sovereign violence. The essay questions this counternarrative in two ways: First, it shows how this counternarrative, which aims to unveil all the myths that sustain sovereignty, ends up repeating what it identifies as the distinctive mythologizing gesture: rendering the contingent necessary. Second, it turns to Agamben's notion of ‘potentiality’ to break the binding spell of his narrative of fated necessity and reclaim the contingent, equivocal and unpredictable effects of modern rights declarations and struggles. The essay concludes with a discussion of contemporary rights struggles of sans-papiers to illustrate the strengths and limits of Agamben's critique of human rights. (shrink)

Le problème public de l’exclusion du logement est régulé depuis les années 1980 par une action publique d’urgence : l’urgence sociale. Un de ces dispositifs centraux, l’hébergement, fonctionnait avant 2007 sur une temporalité spécifique : l’aide ponctuelle, qui fragmente l’habitat des plus précaires et qui fragilise leur rapport à l’avenir. C’est en ce sens que l’urgence sociale peut être conceptualisée comme une chronopolitique. En raison des conséquences épuisantes qu’elle a sur ses « bénéficiaires », cette chronopolitique a fait l’objet d’une (...) mobilisation revendiquant un droit à la continuité de l’habitat. Une écologie temporelle, prenant la forme d’une durée de séjour adaptée aux besoins singuliers des hébergés, est inscrite dans le droit par la loi Dalo. Mais ce droit est encore ineffectif, et les raisons s’en retrouvent aux différents niveaux de l’action publique : les gestionnaires de places se voient souvent contraints de partager temporellement le bien rare en donnant sa chance à tout le monde ; la rareté des places d’hébergement est entretenue par l’État central qui cherche ainsi à limiter l’appel d’air des précaires ; les travailleurs sociaux ressentent un désarroi face aux manières d’habiter inconditionnellement un hébergement à durée indéterminée. La possibilité d’habiter durablement dans un lieu garanti par des institutions et en dehors du marché du logement souffre d’une faible légitimité. (shrink)

Recent debates in political theory display a renewed interest in the problem of judgment. This article critically examines the different senses of judgment that are at play in Jürgen Habermas’ theory of law. The article offers a new critical reading of Habermas’ account of the legitimacy of law, and a revisionary interpretation of the reconstructive approach to political theory that underpins it. Both of these are instrumental to an understanding of what is involved in judging the legitimacy of law that (...) is richer than has been recognized thus far by both critics and defenders of Habermas. (shrink)

Against the well-established critical rejection of rights a growing literature in the tradition of agonistic democracy asserts their emancipatory role in the struggles for social change. However, agonistic theorists, invested as they are in the idea of democratic innovation as a process of gradual ‘augmentation’ of existing rules, institutions and practices, fail to account for the ruptural capacity, and hence for the full radical potential, of rights. Using the performative approach, I develop a conception of rights claiming as a defiant (...) practice to express the ruptural dimension of certain forms of rights politics. I demonstrate how defiant rights claiming articulates immanent critique by declaring the incapacity of putative duty-bearer institutions and governments to uphold the claimed right due to structural constraints, thereby generating inevitable contradictions within the extant order and creating the necessity for an alternative one. Moreover, in order to fully capture the emancipatory potential and creative capacity of rights, this article argues for understanding certain forms of rights politics both as augmentation and rupture, taking the two to be different dimensions of the same radical democratic practice. I present the creative use of rights discourse by the Landless Workers’ Movement in Brazil and the transnational network of agrarian movements, La Via Campesina, as precisely such a combination of the practice of augmentation and defiant claims, which has led to the transformation of the right to food and land into the right to food sovereignty, demonstration of the structural embeddedness of rights violations in the existing global regime of food production and distribution, and authorisation of an alternative vision of the future. (shrink)

In this essay, I attempt to measure various prevailing democratic theories against an argument that Carl Schmitt advances in the first chapter of his ‘Crisis of Parliamentary Democracy’. In practice, he claims there, democratic politics is compelled to introduce a distinction between ‘the will of the people’ and the behaviour of the empirical people, thus justifying the bracketing and unlimited suspension of the latter in the name of the former, even to the point of dictatorship. I argue that no contemporary (...) approach to democracy as a fundamental value is able to mount a compelling response to this critique and that we should therefore reconsider the status of democracy as a normative commitment. I proceed by carefully and closely reading Schmitt’s chapter and then by juxtaposing various currents of democratic theory (including liberal, deliberative, epistemic and various hybrids thereof) with the trajectory of Schmitt’s argument. This essay is therefore less of a contribution to Schmitt scholarship, in the sense that it does not take a panoramic view of his corpus to determine his final stance on democracy, and more of an intervention into contemporary democratic theory using Schmitt’s argument as a kind of lever. (shrink)

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)

The goal I pursue in this study is to explain the constitutive function of the newspapers’ opinion discourses from the perspective of securitisation theory. I discuss how the opinion articles and editorial collected from The New York Times, The Wall Street Journal, USA Today and New York Post constructed the social reality differently, as a result of their differing political ideologies, and sought to influence American foreign policy in line with their interests. Integrating securitisation theory with CDS, I investigated three (...) types of discursive strategies employed by these articles and discussed their contribution to the construction of elements of securitisation. The findings showed that American newspapers’ commentary articles systematically securitised Iran.1. (shrink)

In this article, I argue that Habermas’s method of rational reconstruction faces limitations when it comes to analysing newly emerging and contested political practices. As rational reconstruction aims to criticize existing practices by determining their normative meaning as reflected in the participants’ idealizing presuppositions, it reaches its limits where emerging and contested practices make it impossible to identify a shared self-understanding and a single participants’ perspective. Using the example of membership politics, I argue that this is often the case where (...) nationally constituted forms of politics become controversial or are fundamentally questioned. Building on the work of Benhabib and Fraser, I develop an alternative reconstructive method of plural reconstruction, which modifies the basic premises of rational reconstruction, adjusting it to emerging and contested political contexts. (shrink)

Hannah Arendt’s fierce critique of sovereignty, along with her excavation of Greek agonism, has gained much traction among critical theorists of international politics who revisit the basic assumptions of conventional international theories, such as state sovereignty and power as domination. This paper engages with an increasingly popular stream within such critical international studies that appropriates Arendt’s agonism to envision a form of a global public acting in concert. I argue that Arendt’s thoughts cannot be reduced to a radical vision of (...) agonistic cosmo-politics. Rather, her thinking suggests that political actors appreciate and care for their public worlds while remaining alert to institutional ossification. Her appreciation of the constitutional state confirms that state agency is an important element of her thoughts. By examining the vicissitudes of publicity found in Arendt’s thinking and their reflexive effect on inter-polity relations, the article elucidates the grounds of her international agonism and brings home a form of international politics where states pursuing the domestic goal of greatness coexist and cooperate. Thus, the study suggests that critical scholars of radical agonism miss the important implications of an “institutional” Arendt for international politics. (shrink)

In an interdependent world of overlapping political memberships and identities, states and democratic citizens face difficult choices in responding to large-scale migration and the related question of who ought to have access to citizenship. In an influential attempt to provide a normative framework for a more just global order, The Law of Peoples , John Rawls is curiously silent regarding what his framework would mean for the politics of migration. In this piece, I consider the complications Rawls’s inattention to these (...) issues creates for his broader vision of global justice. Yet I also attempt to show how these aspects of Rawls’s theory emerge from an underlying tension which confronts all liberal democratic conceptions of justice, both in theory and in practice. In my conclusion, I sketch an alternative rooted in the insights of agonistic pluralism, which “breaks” the Rawlsian silence and actively theorizes the democratic legitimation of political borders. (shrink)

“Feminicity” is the term for a predicate register that enables feminist work be accounted for as relational “active-points” that collectively can be seen through what they have achieved. But going further, it marks where those active-points contribute to the dynamic field of feminist epistemologies and where change occurs. This article contributes to my larger project’s discussion of this concept. Broadly, feminicity argues that the active-points of feminist practices need to be understood within their situated fields as materialist informatics. In the (...) digital era, examples of the affects of digital feminicity are as identified in works such as those by Wajcman ; Haraway, Hayles, VNSMatrix, Adam, Plant. Collectively, such authors and artists opened a creative, and sometimes radical discourse of the digital field as multidirectional, multidimensional, multitemporal platform of “gender actions”. Taken as a predicated field sense of the term “predicate”), this work contributes to the feminist materialist reappraisal of feminist epistemology, and larger radical feminist deconstructive projects. Thus conceived, the genealogy of digital feminicity problematizes the monopolitical terms of feminism in its collation of actions, enabling a re-situation of feminist practices as positive material interventions and expressions of the ontological constitution of the political sphere. Feminicity does not propose a chronological account of the active-points, but processually and systemically addresses the terms of generational epistemological political change. This article describes the ways in which a materialist constructed register – “feminicity”– can be used to think about encounters between the domains of gender, politics and technology, as manifested by materialist informatics. For reasons of brevity, this article focuses on just two aspects of feminicity: the terms of predication of the female as gendered, and the issue of the image, as digital informatics, comprised of activitypoints of feminist practice. Consequently, these are measurable and offer practical resources for the general problem of gendering politics that operate in governance, resource distribution and a non-equal opportunity social/cultural power structure, under which minorities are disadvantaged. Feminist practice here refers to forms produced through feminist activities, ie, forms generated through relations with the matter of life through specific modalities of needs-based practices. (shrink)