Freedom and Sovereignty a Fatal Relationship Outlined with Jean-Luc Nancy and Marquis De Sade

Law and Critique 16 (3):301-313 (2005)
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Abstract

Sovereignty and freedom are interlinked in a manner of both ambivalence and interdependence. Neither can sovereignty confirm itself without presupposing for itself a pure state of freedom; nor can freedom conceive and realise itself without interweaving with sovereignty. Both concepts collide with each other as sovereignty usually signifies a certain social or cultural power or order; and freedom regularly is related to a sovereign subjectivity. Therefore, the question is: how far might sovereignty serve as a source of freedom that, at the same time, has to be limited by this freedom itself. When the sovereign defines where the limits of freedom are, he will mostly define the limits of experiencing such freedom for all those who have to follow his decision on the limit. Further, if the free subject itself defines its own limits, it will supposedly end up rejecting its interweaving with any other subjectivity beyond its own. The problem remains: both sovereignty and freedom cannot be realised if they are already limited.

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Grundlegung zur Metaphysik der Sitten.Immanuel Kant - 1785 - Stuttgart,: P. Reclam. Edited by Theodor Valentiner.

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