This important new book by one of the world's leading political theorists boldly questions the moral justification for organizing our world as a territorial states-system and proposes major changes to states' sovereign powers.

The idea of perfection.--On God and Good.--The sovereignty of good over other concepts.

Iris Murdoch was one of the great philosophers and novelists of the twentieth century and The Sovereignty of Good is her most important and enduring philosophical work. She argues that philosophy has focused, mistakenly, on what it is right to do rather than good to be and that only by restoring the notion of ‘vision’ to moral thinking can this distortion be corrected. This brilliant work shows why Iris Murdoch remains essential reading: a vivid and uncompromising style, a commitment (...) to forceful argument, and a courage to go against the grain. With a foreword by Mary Midgley. (shrink)

The phenomenon of “Muslim Democracy” has been analyzed by scholars for a number of years, at least since the mid-1990s. The standard view about Muslim Democracy is that (perhaps like its European counterpart Christian Democracy) it represents a nonideological, or postideological, pragmatic approach to electoral politics. The purpose of this article is to advance two primary arguments. The first is that the turn to Muslim Democracy as an ideology and practice should first be understood as a way of thinking about (...) politics that breaks with the sovereigntist imaginary that dominated modern Islamic political thought. Second, Muslim Democrats do not forswear the use of democratic means to advance goals derived from religious commitment as part of their recognition of pluralism and constitutional democracy. Their attitude toward politics should thus be seen as a form of agonistic pluralism. This article thus proposes an interpretation of Muslim Democracy as post-sovereigntist agonistic political Islam. (shrink)

Although the concept of food sovereignty is rooted in International Peasant Movements across the global south, activists have recently called for the adoption of this framework among low-income communities of color in the urban United States. This paper investigates on-the-ground processes through which food sovereignty articulates with the work of food justice and community food security activists in Oakland, California, and Seattle, Washington. In Oakland, we analyze a farmers market that seeks to connect black farmers to low-income consumers. (...) In Seattle, we attend to the experiences of displaced immigrant farmers from Latin America and their efforts to address their food needs following migration. In both cases, we find that US based projects were constrained by broader forces of neoliberalism that remained unrecognized by local activists. In Oakland, despite a desire to create a local food system led by marginalized African Americans, emphasis on providing green jobs in agriculture led activists to take a market-based approach that kept local food out of the economic grasp of food-insecure neighborhood residents. In Seattle, the marginalization of the immense agroecological knowledge of Latino/an immigrant farmers rendered local food projects less inclusive and capable of transformative change. Taken together, these very different cases suggest that a shift towards food sovereignty necessitates a broad acknowledgement of and resistance to neoliberalism. (shrink)

Iris Murdoch was one of the great philosophers and novelists of the twentieth century and The Sovereignty of Good is her most important and enduring philosophical work. She argues that philosophy has focused, mistakenly, on what it is right to do rather than good to be and that only by restoring the notion of ‘vision’ to moral thinking can this distortion be corrected. This brilliant work shows why Iris Murdoch remains essential reading: a vivid and uncompromising style, a commitment (...) to forceful argument, and a courage to go against the grain. With a foreword by Mary Midgley. (shrink)

Food Sovereignty is a vibrant discourse in academic and activist circles, yet despite the many shared characteristics between issues surrounding food and public health, the two are often analysed in separate frameworks and the insights from Food Sovereignty are not sufficiently brought to bear on the problems in the public health discourse. In this paper, I will introduce the concept of 'self-organised community viability' as a way to link food and health, and to argue that what I call (...) the 'Health Security' paradigm requires a 'Health Sovereignty' response modelled on Food Sovereignty. (shrink)

Does sovereignty have a future in the 21st century? Through a sustained engagement with the work of the Italian philosopher Giorgio Agamben, and against the background of contemporary political phenomena, Arne De Boever explores what positive political possibilities the notion of sovereignty might still hold. Using the philosophy of Catherine Malabou, he argues that these possibilities reside in an aesthetic reconceptualisation of sovereignty as a plastic power that is able to give, receive and explode the forms of (...) our political future. (shrink)

With growing vigor, political philosophers have started questioning the Westphalian system of states as the main actors in the international arena and, within it, the doctrine of Permanent Sovereignty over Natural Resources. In this article I add to these questionings by showing that, when it comes to migratory natural resources, i.e., migratory species, a plausible theory of territorial rights should advocate a regime of shared sovereignty among states. This means that one single entity should represent their interests and (...) maybe also those of third parties, managing and making decisions over the resource as a whole. Although such a regime might be the tacit goal of existing international conventions regarding wildlife, it remains untheorized in political philosophy and largely under-theorized in international law. By presenting the critical situation of the monarch butterfly in North America, I point to the inadequacy of the compartmentalized current regime, which generates injustice in migration; namely, the phenomenon whereby range states of a given species may neglect or over-exploit it while in their territory, to the detriment of others. I suggest that more flexible and imaginative governance arrangements are needed to deal in a better way with these and similar natural resources. (shrink)

What is sovereignty? Often taken for granted or seen as the ideology of European states vying for supremacy and conquest, the concept of sovereignty remains underexamined both in the history of its practices and in its aesthetic and intellectual underpinnings. Using global intellectual history as a bridge between approaches, periods, and areas, The Scaffolding of Sovereignty deploys a comparative and theoretically rich conception of sovereignty to reconsider the different schemes on which it has been based or (...) renewed, the public stages on which it is erected or destroyed, and the images and ideas on which it rests. The essays in The Scaffolding of Sovereignty reveal that sovereignty has always been supported, complemented, and enforced by a complex aesthetic and intellectual scaffolding. This collection takes a multidisciplinary approach to investigating the concept on a global scale, ranging from an account of a Manchu emperor building a mosque to a discussion of the continuing power of Lenin’s corpse, from an analysis of the death of kings in classical Greek tragedy to an exploration of the imagery of “the people” in the Age of Revolutions. Across seventeen chapters that closely study specific historical regimes and conflicts, the book’s contributors examine intersections of authority, power, theatricality, science and medicine, jurisdiction, rulership, human rights, scholarship, religious and popular ideas, and international legal thought that support or undermine different instances of sovereign power and its representations. (shrink)

Self-sovereign identity solutions implemented on the basis of blockchain technology are seen as alternatives to existing digital identification systems, or even as a foundation of standards for the new global infrastructures for identity management systems. It is argued that ‘self-sovereignty' in this context can be understood as the concept of individual control over identity relevant private data, capacity to choose where such data is stored, and the ability to provide it to those who need to validate it. It is (...) also argued that while it might be appealing to operationalise the concept of ‘self-sovereignty’ in a narrow technical sense, depreciation of moral semantics obscures key challenges and long-term repercussions. Closer attention to the normative substance of the ‘sovereignty’ concept helps to highlight a range of ethical issues pertaining to the changing nature of human identity in the context of ubiquitous private data collection. (shrink)

This article explores the tensions between cosmopolitanism and sovereignty as a means to conceptualize the ethics of European foreign policy. It starts by discussing the claim that, in order for the EU to play a meaningful role as an international actor, a definition of the common ethical values orienting its political conduct is required. The question of a European federation of states and its ethical conceptualization emerges clearly in some of the philosophical writings of the 17th and 18th centuries. (...) I seek to provide an outline of the main arguments presented by authors such as Saint Pierre, Rousseau and Kant regarding the implications of the emerging difference between cosmopolitanism and the law of nations in the ethics of international relations. The article focuses on the normative significance of the concept of sovereignty as it emerges in modern political philosophy and highlights its tensions with the ideas of moral and political cosmopolitanism. This exploration serves a double function: theoretical and practical. From the theoretical perspective it leads to a better understanding of the tensions involved in conceptualizing a common ethical orientation for the states of Europe. From the practical standpoint it sheds light on some persistent difficulties the European Union faces in trying to move beyond an intergovernmental political arrangement in the field of foreign policy. (shrink)

The popularity of ‘food sovereignty’ to cover a range of positions, interventions, and struggles within the food system is testament, above all, to the term’s adaptability. Food sovereignty is centrally, though not exclusively, about groups of people making their own decisions about the food system—it is a way of talking about a theoretically-informed food systems practice. Since people are different, we should expect decisions about food sovereignty to be different in different contexts, albeit consonant with a core (...) set of principles. In this paper we look at the analytical points of friction in applying ideas of food sovereignty within the context of Indigenous struggles in North America. This, we argue, helps to clarify one of the central themes in food sovereignty: that it is a continuation of anti-colonial struggles, even in post-colonial contexts. Such an examination has dividends both for scholars of food sovereignty and for those of Indigenous politics: by helping to problematize notions of food sovereignty and postcoloniality, but also by posing pointed questions around gender for Indigenous struggles. (shrink)

본 논문은 우리 헌법 전문에 등장하는 ‘대한국민’의 주권적 의의를 헌법제정권력론 및 한나 아렌트의 논의에 비추어 살펴보고, 북한헌법에서 ‘조선인민’에 부여된 비주권적 위상을 조명한 다음, 통일헌법 제정의 주체가 될 하나된 국민의 주권적 면모를 전망하고자 한다. 우리 헌법 전문에서 대한국민은 스스로의 헌법제개정행위를 서술함으로써 헌법 본문에 대해 정당성을 보장한다. 헌법제정은 헌법제정권력이 단순한 사실적 힘의 차원을 벗어나 일정한 가치를 지향할 때 성립하며, 헌법제정행위는 그 자체가 공적 자유의 행사이다. 북한헌법의 특징은 주권적 국민의 실종과 역사적 맥락의 누락이다. 북한헌법에서 ‘조선인민’은 국가 주도적인 통제와 관리의 피동적인 객체로 설정된다. 통일헌법의 (...) 제정은 남북한 두 국민이 하나 된 국민이 되어 행하는 주권적 행위가 될 것이고, 특히 북한 주민들에게는 그 본래적 주권성과 역사성을 회복하여 보편적 헌법가치와 법원리의 구현에 참여하게 되는 계기가 될 것이다. (shrink)

In recent years, policymakers, academics, and practitioners have increasingly called for the development of global governance mechanisms for artificial intelligence (AI). This paper considers the prospects for these calls in light of two other geopolitical trends: digital sovereignty and digital expansionism. While calls for global AI governance promote the surrender of some state sovereignty over AI, digital sovereignty and expansionism seek to secure greater state control over digital technologies. To demystify the tensions between these trends and their (...) potential consequences, we undertake a case analysis of digital sovereignty and digital expansionism in China, the European Union, and the United States. We argue that the extraterritoriality embedded in these three actors’ policies and escalatory competitive narratives, particularly those from the US, will likely undermine substantive global AI governance cooperation. However, nascent areas of alignment or compromise, notably in data governance and technical standards, could prove fruitful starting points for building trust in multilateral fora, such as the G20 or United Nations. (shrink)

Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from 'the people' - is perhaps the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. Although its classic formulation is to be found in the major theoretical treatments of the modern state, such as in the treatises of Hobbes, Locke, and Rousseau, this (...) book explores the intellectual origins of this doctrine and investigates its chief source in late medieval and early modern thought. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought. (shrink)

Social movements are using education to generate critical consciousness regarding the social and environmental unsustainability of the current food system, and advocate for agroecological production. In this article, we explore results from a cross-case analysis of six social movements that are using education as a strategy to advance food sovereignty. We conducted participatory research with diverse rural and urban social movements in the United States, Brazil, Cuba, Bolivia, and Mexico, which are each educating for food sovereignty. We synthesize (...) insights from critical food systems education and the political ecology of education in analyzing these cases. We compare the thematic similarities and difference between these movements’ education initiatives in terms of their emergence, initial goals, expansion and institutionalization, relationship to the state, theoretical inspirations, pedagogical approach, educational topics, approach to student research, and outcomes. Among these thematic areas, we find that student-centered research on competing forms of production is an integral way to advance critical consciousness about the food system and the political potential of agroecological alternatives. However, what counts, as success in these programs, is highly case-dependent. For engaged scholars committed to advancing education for food sovereignty, it is essential to reflect upon the lessons learned and challenges faced by these movements. (shrink)

This book focuses on sovereignty referendums, which have been used throughout different historical periods of democratization, decolonization, devolution, secession and state creation. Referendums on questions of sovereignty and self-determination have been a significant element of the international political and legal landscape since the French Revolution, and have been a central element in the resolution of territorial issues from the referendum in Avignon in 1791 until today. More recent examples include Quebec, East Timor, New Caledonia, Puerto Rico and South (...) Sudan. The global aim of this book is to achieve a better empirical and legal understanding of sovereignty referendums and related problems in international and national law and politics. Accordingly, it presents readers a comprehensive study of sovereignty referendums from the perspectives of both international and constitutional law. (shrink)

Digital sovereignty, and the question of who ultimately controls AI seems, at first glance, to be an issue that concerns only specialists, politicians and corporate entities. And yet the fight for who will win digital sovereignty has far-reaching societal implications. Drawing on five case studies, the paper argues that digital sovereignty affects everyone, whether digital users or not, and makes the case for a hybrid system of control which has the potential to offer full democratic legitimacy as (...) well as innovative flexibility. (shrink)

18 November 2019CH: Thank you for agreeing to do this. The prompt for the interview was to talk about your recently published book, Territorial Sovereignty, but I thought before we got into that you could say something about your earlier work and how that led you to be interested in this particular project that you deal with in the book.

The Sovereignty of Reason is a survey of the rule of faith controversy in seventeenth-century England. It examines the arguments by which reason eventually became the sovereign standard of truth in religion and politics, and how it triumphed over its rivals: Scripture, inspiration, and apostolic tradition. Frederick Beiser argues that the main threat to the authority of reason in seventeenth-century England came not only from dissident groups but chiefly from the Protestant theology of the Church of England. The triumph (...) of reason was the result of a new theology rather than the development of natural philosophy, which upheld the orthodox Protestant dualism between the heavenly and earthly. Rationalism arose from a break with the traditional Protestant answers to problems of salvation, ecclesiastical polity, and the true faith. Although the early English rationalists were not able to defend all their claims on behalf of reason, they developed a moral and pragmatic defense of reason that is still of interest today. Beiser's book is a detailed examination of some neglected figures of early modern philosophy, who were crucial in the development of modern rationalism. There are chapters devoted to Richard Hooker, the Great Tew Circle, the Cambridge Platonists, the early ethical rationalists, and the free-thinkers John Toland and Anthony Collins. (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)

Iris Murdoch once observed: 'philosophy is often a matter of finding occasions on which to say the obvious'. What was obvious to Murdoch, and to all those who read her work, is that Good transcends everything - even God. Throughout her distinguished and prolific writing career, she explored questions of Good and Bad, myth and morality. The framework for Murdoch's questions - and her own conclusions - can be found here.

This is a controversial work of applied legal theory, addressing urgent contemporary questions about law and the state, about the character of the UK as a state, and about the juridical character of the European Union.

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)

Iris Murdoch once observed: 'philosophy is often a matter of finding occasions on which to say the obvious'. What was obvious to Murdoch, and to all those who read her work, is that Good transcends everything - even God. Throughout her distinguished and prolific writing career, she explored questions of Good and Bad, myth and morality. The framework for Murdoch's questions - and her own conclusions - can be found here.

Arguing that the state and its people stand in a fiduciary relationship, Sovereignty's Promise puts forward a bold new account of political authority and its legal limits. In doing so it presents a fresh argument for common law constitutionalism and a novel theoretical framework for understanding the requirements of the rule of law.

This article holds that governmental investments in quantum technologies speak to the imaginable futures of digital sovereignty and digital infrastructures, two major areas of change driven by related technologies like AI and Big Data, among other things, in international law today. Under intense development today for future interpolation into digital systems that they may alter, quantum technologies occupy a sort of liminal position, rooted in existing assemblages of computational technologies while pointing to new horizons for them. The possibilities they (...) raise are neither certain nor determinate, but active investments in them (legal, political and material investments) offer perspective on digital technology-driven influences on an international legal imagination. In contributing to visions of the future that are guiding ambitions for digital sovereignty and digital infrastructures, quantum technologies condition digital technology-driven changes to international law and legal imagination in the present. Privileging observation and description, I adapt and utilize a diffractive method with the aim to discern what emerges out of the interference among the several related things assembled for this article, including material technologies and legal institutions. In conclusion, I observe ambivalent changes to an international legal imagination, changes which promise transformation but appear nonetheless to reproduce current distributions of power and resources. (shrink)

Sovereignty in premodern times evoked the dynastic figure of the 'sovereign' or territorial monarch. In modern times, it became a more abstract idea, referring to the power of the state, later of the people or 'the popular sovereign' as articulated and refined through constitutional arrangements. Today these inherited understandings of sovereignty confront various new challenges, including those of globalization, privatization of power, and the rise of sub-state nationalism. An examination of key historical writers and trends from the seventeenth (...) century onwards, including Hobbes, Bodin, Constant, Rousseau and Schmitt, brings out these developments and challenges. Sovereignty remains a malleable and 'active' feature of the global configuration of power. Will sovereignty become a redundant concept over time, or will it remain a key part of the grammar of modern politics? (shrink)

Food sovereignty asserts the right of peoples to define and organize their own agricultural and food systems so as to meet local needs and so as to secure access to land, water and seed. A commitment to gender equity has been embedded in the food sovereignty concept from its earliest articulations. Some might wonder why gender justice should figure so prominently in a food movement. In this paper I review and augment the arguments for making gender equity a (...) central component of food sovereignty. The most common argument is: if women constitute the majority of the world’s food producers, then agricultural policy is a women’s issue. And insofar as patriarchal social relations continue to dominate the globe, then changing agricultural policies will require explicit attention to gender injustice. I suggest that this is a good argument, but that an ecological feminist perspective can provide additional theoretical reasons for maintaining the centrality of gender justice in food sovereignty discourse. Moreover, ecological feminism can provide a robust theoretical framework that coheres a concept and movement with a wide set of concerns. My critique positions food sovereignty’s call to social justice as embedded in a truly radical re-thinking of dominant conceptual frameworks, and re-envisioning of political and ethical relations. (shrink)

This paper offers observations on people’s lived experience of the food system in Michigan during the early Covid-19 pandemic as an initial critical foray into the everyday pandemic food world. The Covid-19 crisis illuminates a myriad of adaptive food behaviors, as people struggle to address their destabilized lives, including the casual acknowledgement of the pandemic, then anxiety of the unknown, the subsequent new dependency, and the possible emergence of a new normal. The pandemic makes the injustices inherent in the food (...) system apparent across communities, demonstrating that food injustice destabilizes all members of the food system, regardless of their social location. The challenges of eating in a pandemic also reinforce the importance of building a sustainable food system; the challenges of food sovereignty and food sustainability are inextricably linked, and the pandemic lays this bare. (shrink)

This book, published in 1986, addresses questions concerned with a central normative principle in contemporary assessments of economic policies and systems. What does 'consumer sovereignty' mean? Is consumer sovereignty an appropriate principle for the optimization and evaluation of the design and performance of economic policies, institutions and systems? If not, what is a more appropriate principle? The author argues that the conception of consumer sovereignty has to be broadened so that it is not limited to the market (...) mechanism but includes environmental, work and social preferences. However, even this version runs into serious difficulties as the principle of consumer sovereignty still relies on too subjectivist a conception of the interests of individuals to be suitable for the evaluation of economic institutions. An alternative basis for such evaluation is 'human interests' that are not contingent on particular economic systems, After considering various possibilities, a basic-needs approach is proposed and its use in economic evaluation illustrated. (shrink)

Dimitris Vardoulakis asks how it is possible to think of a politics that is not commensurate with sovereignty. For such a politics, he argues, sovereignty is defined not in terms of the exception but as the different ways in which violence is justified. Vardoulakis shows how it is possible to deconstruct the various justifications of violence. Such dejustifications can take place only by presupposing an other to sovereignty, which Vardoulakis identifies with agonistic democracy. In doing so, (...) class='Hi'>Sovereignty and Its Other puts forward both a novel critique of sovereignty and an original philosophical theory of democratic practice. (shrink)

We typically associate sovereignty with the modern state and presuppose the coincidence of political rule, public power, government, legitimacy and jurisdiction with territorially delimited states. We are also used to referencing liberal principles of justice, egalitarian ideals of fairness, republican conceptions of non-domination and separation of powers, and democratic ideas of popular sovereignty, for the standards that should constitute, guide, limit and legitimate the exercise of sovereign power. This Article addresses an important challenge to these principles: the reemergence (...) of theories and claims to jurisdictional/political pluralism on behalf of non-state “nomos groups” within well-established liberal-democratic polities. Theories of jurisdictional political pluralism purport to account for the independent sovereign authority of the corporate religious, while providing a “postmodern,” “permeable,” “pluralist” conception of sovereignty allegedly more appropriate descriptively to twenty-first century reality and more attractive normatively, than the modern statist version. This Article analyzes and assesses these claims. It criticizes the disassociation of the sovereignty concept from publicly accountable power, challenges the displacement of rights-holders from individuals to corporate groups, and offers a different, federal alternative to anachronistic or normatively flawed modern monistic statist conceptions. My purpose is to preserve the key achievements of democratic constitutionalism and to apply them to every level on which government, power, rule, and/or domination is exercised. (shrink)

While theorists of cultural pluralism have generally supported tribal sovereignty to protect threatened Native cultures, they fail to address adequately cultural conflicts between Native and non-Native communities, especially when tribal sovereignty facilitates illiberal or undemocratic practices. In response, I draw on Jürgen Habermas' conceptions of dis-course and the public sphere to develop a universalist approach to cultural pluralism, called the 'intercultural public sphere', which analyzes how cultures can engage in mutual learning and mutual criticism under fair conditions. This (...) framework accommodates cultural diversity within formally universalistic parameters while avoiding four common criticisms of universalist approaches to cultural pluralism. But this framework differs from that of Habermas in two ways. First, it includes 'subaltern' publics, open only to members of cultural subgroups, in order to counter relations of 'cultural power'. Second, it admits 'strong' publics, democratic institutions with decision-making powers. Finally, I show how the subaltern, strong institutions of tribal sovereignty contribute to the fair discursive conditions required for mutual learning and mutual critique in an intercultural public sphere. Key Words: Habermas • Kymlicka • Native peoples • sovereignty • tribal. (shrink)

The originality of Foucault’s work lies in part in how he reverses the question of power, asking not how power is held and imposed, but how it is produced. In both his discussion of sovereignty and governmentality, though, Foucault skips over the res publica; a form of political organization that fits neither Foucault’s characterization of sovereignty nor the care of the self. I extend Foucault’s discussion to identify a ratio of government around the discipline of ownership by which (...) the res publica was made intelligible, its relations understood, and its logic organized. I end by suggesting some implications for neo-Roman interpretations of liberty as non-domination. (shrink)

This article presents a critical account of Agamben’s understanding of the logic of sovereignty and of the notion bare life, particularly Agamben’s approach to the paradox of sovereignty and its relation to Aristotle’s metaphysical category of potentiality. With regards to bare life, it brings together an analysis of the figure of the homo sacer with an account of Agamben’s use of paradigms as methodological tools. The first part of the paper argues that Agamben ontologises sovereignty by dramatising (...) the paradox of its structure as im-potentiality. The second part claims that even though an account of Agamben’s methodology serves to respond to the different critiques that his notion of bare life has raised, Agamben’s notions of sovereignty and of bare life ultimately rely on Schmitt’s decisionism. El artículo hace un recuento crítico de la forma en que Agamben entiende la lógica de la soberanía y la noción de nuda vida, particularmente su abordaje de la paradoja de la soberanía y su relación con la categoría metafísica aristotélica de la potencialidad. Con respecto a la nuda vida, combina el análisis de la figura del homo sacer con un recuento del uso que hace Agamben de los paradigmas como herramientas metodológicas. En la primera parte del ensayo, se argumenta que Agamben ontologiza la soberanía al dramatizar la paradoja de su estructura como im-potencialidad. En la segunda, se afirma que aunque la descripción de la metodología de Agamben sirve para responder a las diferentes críticas suscitadas por su noción de nuda vida, sus nociones de soberanía y de nuda vida dependen, en última instancia, del decisionismo de Schmitt. Este artigo apresenta a versão crítica do entendimento de Agamben sobre a lógica da soberania e da noção de vida nua. Em particular, a aproximação de Agamben para o paradoxo da soberania e da sua relação com a categoria metafísica da potencialidade de Aristóteles. No que diz respeito à vida nua, reúne uma análise da figura do homo sacer com uma explicação do uso de Agamben de paradigmas como ferramentas metodológicas. Na primeira parte deste artigo, argumenta-se que Agamben ontologiza a soberaniadramatizando o paradoxo de sua estrutura como im-potencialidade. Na segunda parte, será alegado que, apesar de uma explicação da metodologia de Agamben ter servido para responder às diferentes críticas que sua noção de vida nua tenha levantado, em última análise, duas noções da soberania e vida nua de Agamben dependem do "decisionismo schmittiano". (shrink)

The Sovereignty of Law presents Trevor Allan's most recent and fully elaborated defence of common law constitutionalism - an account of the unwritten or non-codified constitution as a complex articulation of legal and moral principles, defining what in the British context are the requirements of the rule of law. The British constitution is conceived as a coherent set of fundamental principles of the rule of law, legislative supremacy, and separation of powers. These principles.

I will outline four justifications of regional ecological obligations calling for different political authorities to collaborate for ecological reasons: through voluntary agreement between political entities united by an ecological region; by a shared regional history or cultural relations to an ecological region; with reference to ‘place-based’ duties with an ecological basis; or by obligations to an extended set of individual right-holders. None are conclusive reasons but show that there are normative grounds for regional collaboration of separate political authorities. The article (...) contributes to discussion on, despite its practical relevance, a much neglected concept in political philosophy. (shrink)