This chapter contains sections titled: Introduction Political Reflexivity and the Boundaries of Legal Order Legal Unity and Political Plurality Question and Response Human Rights and the Dialectic of Cosmopolitanism Bidding Farewell to Communitarianism and Cosmopolitanism Acknowledgments References.

Using the work of Robert A. Kagan's intellectual contribution on the intensification of law, leading authorities in the study of the politics of regulation and litigation examine the consequences of the expansion and intensification of law, both in the United States and the rest of the world. Part One considers bureaucratic legalism, a terrain in which popular and political discourse often conceives as a pitched battle between business and government, and in which claims about quantity—"too much" and "too little"—take (...) center stage. Here, the contributors examine the many ways in which regulators and the regulated cooperate, and the extent to which regulated entities internalize norms and practices associated with bureaucratic. Part Two considers adversarial legalism, a term that even among academics is often reduced to "litigiousness." The chapters in this section show that adversarial legalism is a much more complex, contingent, and multi-sided phenomenon than the popular debate over litigiousness suggests. Part III examines Kagan's core concepts in a comparative framework. Although some sometimes treat adversarial legalism as an American disease, scholars are increasingly finding it proliferating elsewhere, and debating whether it can take a prominent role in nations quite different in tradition and political structure from the United States. Across the globe, law and legalism in all its forms, bureaucratic and adversarial, is becoming more intense, and thus more central to politics, public policy and everyday life. The consequences are profound. Yet commentary is often stuck on old questions. Does the intensification of law reflect the withering of other social institutions? Is it a sign of moral decay? Or is it, on another account, signaling a new era of respect for universal human rights? The Politics of Legalism takes us instead in directions relatively unexplored by both scholars and popular commentators on law. Like Kagan's scholarship, it moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st Century. (shrink)

This paper argues that no legal order is possible unless it is bounded in space, time, membership and content, ie that boundaries are an intrinsic feature of the concept of law. In particular, while the organisation of the inside/outside distinction in terms of domestic and foreign state orders is certainly contingent, not so the distinction between inside/outside in terms of the contrast between a space deemed to be a collective's own space and strange places, which is constitutive (...) for any possible legal order. The constitutive role of boundaries for legal order becomes apparent in the face of a-legal behaviour, ie behaviour that contests the distinction between legality and illegality as drawn in the spatial, temporal, subjective and material boundaries of the legal. (shrink)

This study deals with the place and meaning of "legality" in Kant's moral philosophy. Although the return to Kantianism dominates contemporary political and legal thought, the boundaries of the analyses of the relationship between morality and legality in Kant's moral philosophy are confined to the boundaries drawn by John Rawls and Jürgen Habermas. While Rawls and Habermas consider law and morality as intersecting sets of rules and rights, they mostly consider this relationship in terms of the (...) question of the legitimacy of law. By contrast, this study is an attempt to reconsider the Kantian link between morality and legality beyond the question of the legitimacy of law. Without the deontological filters of the Rawlsian and Habermasian political and legal theory, and therefore without leaving teleological and axiological concerns outside of the field of application, this study is an attempt to analyze the possible ways of understanding the conceptual connection between morality and legality in Kant's moral philosophy. Hence in this study, by paying particular attention to The Groundwork of the Metaphysics of Morals and The Metaphysics of Morals, I will analyze the role of legality in Kant's morality. The study first explains the goals of Groundwork and Metaphysics as Kant describes them. The study then turns to the discussion of duty as the central concept of Kant's thought. In the process, the study questions the possible ways of understanding the conceptual relationship between moral and legal obligation in Kant's thought, and mainly emphasizes two possible different conceptualizations of that relationship, (a) The first understanding can be constructed on the claim that the obligation of the moral subject is also to follow the fundamental principles of morality, the Categorical Imperative, in the legal order, which is part of the phenomenal world. The main point of this understanding lies in the idea that Kant's understanding of legal obligation presupposes the will's capacity to abstract from inclinations, (b) The second understanding, in contrast to the first one, can be built on the belief that moral and legal obligations should be conceived as completely distinct and non-intersecting in Kant's moral philosophy. From this perspective, neither moral obligation nor legal obligation can affect each other. The study concludes by focusing on moderate interventionism as a possible third option for linking moral and legal obligations in Kant's moral philosophy. (shrink)

This study deals with the place and meaning of "legality" in Kant's moral philosophy. Although the return to Kantianism dominates contemporary political and legal thought, the boundaries of the analyses of the relationship between morality and legality in Kant's moral philosophy are confined to the boundaries drawn by John Rawls and Jürgen Habermas. While Rawls and Habermas consider law and morality as intersecting sets of rules and rights, they mostly consider this relationship in terms of the (...) question of the legitimacy of law. By contrast, this study is an attempt to reconsider the Kantian link between morality and legality beyond the question of the legitimacy of law. Without the deontological filters of the Rawlsian and Habermasian political and legal theory, and therefore without leaving teleological and axiological concerns outside of the field of application, this study is an attempt to analyze the possible ways of understanding the conceptual connection between morality and legality in Kant's moral philosophy. Hence in this study, by paying particular attention to The Groundwork of the Metaphysics of Morals and The Metaphysics of Morals, I will analyze the role of legality in Kant's morality. The study first explains the goals of Groundwork and Metaphysics as Kant describes them. The study then turns to the discussion of duty as the central concept of Kant's thought. In the process, the study questions the possible ways of understanding the conceptual relationship between moral and legal obligation in Kant's thought, and mainly emphasizes two possible different conceptualizations of that relationship, (a) The first understanding can be constructed on the claim that the obligation of the moral subject is also to follow the fundamental principles of morality, the Categorical Imperative, in the legal order, which is part of the phenomenal world. The main point of this understanding lies in the idea that Kant's understanding of legal obligation presupposes the will's capacity to abstract from inclinations, (b) The second understanding, in contrast to the first one, can be built on the belief that moral and legal obligations should be conceived as completely distinct and non-intersecting in Kant's moral philosophy. From this perspective, neither moral obligation nor legal obligation can affect each other. The study concludes by focusing on moderate interventionism as a possible third option for linking moral and legal obligations in Kant's moral philosophy. (shrink)

This article builds on the notion of legal tolerance and analyzes the scope of its definition. It situates the notion in the complex set of relations occurring between the major systems of society. Generally, legal tolerance, as a concept, is understood in light of the possibilities of the legal system of influencing other major systems? responses. On the other hand, tolerance is also the response of the legal system in respect to other major systems? communications. Although (...) there is a common understanding of tolerance as ?under punishing bias? in criminology or as political tolerance in political science, 1 the focus of this article is different. The central points here are, first, the analysis of legal tolerance as part of systemic communications and, second, the historicity of the transformations of the nation-state in its ability to cope with the growth of separate, distinct and partial systems of society. Tolerance seems relational and raises questions such as: ?How much can the legal system tolerate?? And also, ?Which societal topics belong to the social system's domain-matter?? These questions are relevant given that the concept of legal tolerance depends on the possibilities of a given system to steer, to direct or to influence other major systems? behavior, or to resist, respond or to address other systems, which are in its environment. The concept of legal tolerance requires an analysis of a cluster of related definitions to assess the implications of the concept. These definitions are the following: (1) The concepts that result from the historical process of structuration and that explain the emergence of social systems. (2) The definition of reflexivity and its relation with the ?second order cybernetics dilemma.? This is the place where heuristic and epistemological problems are found. Such problems result from both the problem of representation and from the ontological status of the real. This analysis will show why reflexivity is a key concept to explaining the transformations suffered by such systems. Then, legal tolerance is a newer development in respect to the idea of planning. As an alternative to hard planning, legal tolerance creates a fostering environment. Instead of a single system directing other systems, legal tolerance is relational and created collectively by the organizational national state using its (limited) power of legal creation. Legal tolerance also stems from the concerned subsystems of the society (economy, law, politics, science, along with others) by means of a variety of legislative products, public policies, alliances, and legal and other scientific communications that emerge as coordinating mechanisms among the alluded major subsystems. (shrink)

Originally published thirty years ago, Critique of the Legal Order remains highly relevant for the twenty-first century. Here Richard Quinney provides a critical look at the legal order in capitalist society. Using a traditional Marxist perspective, he argues that the legal order is not intended to reduce crime and suffering, but to maintain class differences and a social order that mainly benefits the ruling class. Quinney challenges modern criminologists to examine their own positions. (...) As "ancillary agents of power," criminologists provide information that governing elites use to manipulate and control those who threaten the system. Quinney's original and thorough analysis of "crime control bureaucracies" and the class basis of such bureaucracies anticipates subsequent research and theorizing about the "crime control industry," a system that aims at social control of marginalized populations, rather than elimination of the social conditions that give rise to crime. He forcefully argues that technology applied to a "war against crime," together with academic scholarship, is used to help maintain social order to benefit a ruling class. Quinney also suggests alternatives. Anticipating the work of Noam Chomsky, he suggests we must first overcome a powerful media that provides a "general framework" that serves as the "boundary of expression." Chomsky calls this the manufacture of consent by providing necessary illusions. Quinney calls for a critical philosophy that enables us to transcend the current order and seek an egalitarian socialist order based upon true democratic principles. This core study for criminologists should interest those with a critical perspective on contemporary society. (shrink)

Many of the current debates in jurisprudence focus on articulating the boundaries of law. In this essay I challenge this approach on two separate grounds. I first argue that if such debates are to be about law, their purported subject, they ought to pay closer attention to the practice. When such attention is taken it turns out that most of the debates on the boundaries of law are probably indeterminate. I show this in particular with regard to the (...) debate between inclusive and exclusive positivists: I present several ways of understanding what this debate is about and argue that none of them is defensible. My second argument focuses more on the purpose of jurisprudential inquiry. I argue there that even if some jurisprudential debates have determinate answers, it does not follow that they deserve our attention, because not all true facts are worth knowing. After discussing and rejecting the claim that jurisprudence could be justified as knowledge for its own sake, I propose one possible justification for engaging in legal philosophy and outline its implications for the kind of issues that should be pursued. (shrink)

In this paper I take issue with and argue against a certain subordination of the political to the legal that, I argue, is advanced under theories or ‘republican constitutionalism’ and undertake a defense of the political as ‘reflexive’. In republican constitutionalism one discerns an ‘imperialistic’ legal move to set the terms of political discourse, as political conflicts in order to be legally resolved are forced to meet criteria of legal relevance: in the (...) process much that is vital to political action, its understanding and undertaking, is suppressed, elided or appropriated. I argue against the purported ‘containment’ of politics in law and for a ‘reflexivity’ that is constitutive of politics, re-introducing contingency and selfreference (‘what is political can only be a political question’) at the heart of what it means to act politically. (shrink)

In this article, Spain’s system of autonomous communities as a model of regionalisation in terms of subnational integration is analysed regarding its historical background, legal framework, and political context. Regionalism is examined with special emphasis on Bask nationalism and is also discussed with reference to the recent independence movement taking place in Catalonia. The contribution of the European Union’s encouragement of regional self-government to the development of regional democracy in Spain is stated in the mentioned as well. Regionalisation (...) in Spain is important as the discussion on 2017 independence referendum in Catalonia continues to be relevant. Being within unitary state level the regionalised state model strengthened the integration of the historical nationalities/regions with Spain and soothed the influence of the separatist movements; however, with the recent rally of Catalan nationalism this model became a controversial topic. (shrink)

This article presents the dual conception of legal regulation of funding of political parties. In general, funding of political parties is considered as part of public law, however, this article explains that it also could be understood as an institute of private law. When funding of political parties is analysed not only through the conception of public law, but also taking into consideration the idea of private law, it is possible to apply different (than usual) principles (...) of legal regulation of such relations. Those principles are followed in this article in order to reveal different practical problems pertaining to legal regulation of political party funding. A conclusion is made that the legal provisions on funding of political parties form an integral system that consists of both public law and private law provisions. The relations when natural and legal persons assign property to political parties are considered as part of private law and those property relations that are based on state subsidies to political parties or other financial support by the state are the object of public law regulation. In the case of Lithuania, all such relations are regulated by the Law on Funding of, and Control Over Funding of Political Parties and Political Campaigns, which is an act of private law and also a source of public law. The legal regulation that stems from this law is supplemented by the Civil Code of the Republic of Lithuania and other related laws. The legislator, while regulating the legal relations pertaining to the funding of political parties, and the courts, when dealing with disputes related to those relations, are advised to take into consideration the general principles of civil law. It is important to point out that some legal provisions of the Law on Funding of Political Parties that are in force as of 1 January 2012 are against those principles. A prohibition for legal persons and limitations for natural persons to fund political parties should be critically considered, since those restrictions limit the possibilities for private persons to dispose their property and for political parties – to acquire it. Moreover, it is important to point out that such restrictions can be circumvented by assigning property through a third party and by other legal means. In order to avoid such cases, it is recommended to provide an opportunity for natural and legal persons to fund political parties, but with reasonable limitations for such donations. (shrink)

Protracted and bitter resistance by alter- and anti-globalisation movements shows that the globalisation of law transpires as the globalisation of inclusion and exclusion. Humanity is inside and outside global law in all its possible manifestations. But how is this possible? How must legal orders be structured, such that, even if we can now speak of law beyond state borders, no emergent global legal order is possible that does not include without excluding? Is an authoritative politics of (...) class='Hi'>boundaries possible that neither postulates the possibility of realising an all-inclusive global legal order nor accepts resignation or political paralysis in the face of the globalisation of inclusion and exclusion? These pressing questions guide this book, opening up a vast field of enquiry that demands integrating sociological, doctrinal and philosophical perspectives and insights. (shrink)

From the perspective of the political theory such is the one in Tractatus Theologico-Politicus by Benedictus Spinoza, the purpose of the state as a legal order is the establishment of the permanent condition of security and preservation of the people’s liberty. This also presumes instrumental-functional purposefulness of the state apparatus, which reflects in the combination of protection and obedience. Such a legislative establishment has its real and abstract dimension. Ideally, the latter is in service of the former. (...) Problems that occur in practice as a challenge to the legal order are states of emergency, which are directly confronting security and freedom thus making them mutually exclusive. From that angle, legal-political thought is in need of a clear and distinct understanding of the concepts of freedom and servitude in the context of submission to the autonomous legislation of mind. (shrink)

Appealing to the original meaning of the Greek term nomos, Hannah Arendt claims that a bounded legal space is constitutive for political community. Can this seemingly anachronistic claim be substantiated in the conceptually strong sense that every polity - the Greek city-state as much as a hypothetical world state - must constitute itself as a nomos? It is argued that whereas Arendt falls short of justifying this claim, a reflexive reading of nomos can do the trick: the space (...) of political community is necessarily bounded because no polity is imaginable that does not raise a claim to an inside as the community’s own space. A world state, were it ever to be founded, would globalize nomos, not suppress it. Whence the political problem: how does a polity deal with its outside? This problem is particularly pressing because Carl Schmitt’s defense of nomos radically challenges Arendt’s position. A reinterpretation of her analyses of the foundation of a political community suggests how the representational structure of a politics of boundaries parries Schmitt’s challenge. (shrink)

Laying foundations -- Rejecting aggression -- Safeguarding cooperation -- Enforcing law -- Rectifying injury -- Liberating society -- Situating liberation.

The paper examines how the current evolution and growth of ICTs enables a greater number of individuals to communicate and interact with each other on a larger scale: this phenomenon enables people to cross the conventional boundaries set up across modernity. The presence of diverse barriers does not however disappear, and we therefore still experience cultural, political, legal and moral boundaries in the globalised Information Society. The paper suggests that the issue of boundaries is to (...) be understood, primarily, in philosophical terms, in order to explain in what sense the fundamental historicity and situatedness of human beings does not necessarily prevent them from being able to cross the boundaries of their own experiences and to communicate with other human beings. Our line of reasoning is based on the idea that the epistemic and moral subject is neither a pure universal subject always transcending the limits of its experience nor the mere product of the context in which it find itself embedded. By virtue of its continued existence and experience of any given context, the epistemic and moral subject is asked to respond to the constraining affordances of data and to account for the moral calls of the other. This intertwinement of responsiveness and accountability towards what is "over there" confers us an original understanding of what is "here". (shrink)

On the extreme wing of libertarian ideology are the individualist anarchists, who wish to dispense with government altogether. The quasi-legitimate functions now performed by government, such as the administration of justice, can, the anarchists claim, be provided in the marketplace. George H. Smith.

To understand the distinctive characteristics of the institutions of law, one needs to understand the idea of law. Understanding the nature of law is not ultimately a matter of achieving a careful description of social practices but a matter of grasping the idea towards which those practices must be understood as oriented. The idea of law is the focal point that enables us to make coherent sense of the otherwise diverse features of practice, but it is not itself a matter (...) of observable practice. It resembles a notional point in space that enables us to grasp the relationship between various parts of a complex drawing, although in itself it forms no part of the drawing. But how is such an idea to be investigated? We expect a clear understanding of the idea of law to explain our settled understandings about what will and will not count as an instance of legal ordering. We expect it, in other words, to explain some at least of the minimum conditions for applicability of the idea. But, since the idea of law is invoked within the practices of law, we also expect a philosophical understanding of that idea to clarify its role in guiding and orienting practice, and not simply in describing practice. Although the practices of law are oriented towards the idea of law, that idea is not straightforwardly available to be read in the surface appearance of the practices. For such practices, while involving systematic appeal to the idea of law, operate for the most part on the basis of that unreflective conformity that assists the stable functioning of most human institutions. Can we begin by identifying a "minimum specification" of the concept of law, in the form of a set of conditions without which nothing could count as law at all? From such a minimum specification, can we proceed in some orderly and intellectually defensible way towards "later phases" of the concept, with their "qualitative changes as well as additions and complications"? The possibility is worth exploring, however unfashionable may be the philosophical viewpoint from which it springs. Fuller's famous story of Rex, and his failed attempts to enact law, identifies the minimum conditions that something must satisfy in order to count as an instance of law. Fuller's theory becomes interesting when he proceeds to demonstrate that the eight desiderata (identified as minimum conditions), when taken collectively, be regarded as a guiding ideal for legal thought: the ideal that we usually label "the rule of law". Fuller claimed that his eight requirements represent an "inner morality of law". Hart's critique of Fuller appeared to suggest that the moral value of compliance with the eight requirements is wholly contingent upon the law's content, and that the eight requirements are more akin to precepts of efficiency than to moral standards. This criticism has been widely endorsed as correct. In fact, the criticism is not correct. The eight requirements are not principles of efficacy, but (when taken together) represent a moral ideal for legal systems. Fuller never really succeeded in giving a clear explanation of the moral status of his eight requirements. I argue that Fuller's eight desiderata represent an intrinsically moral ideal that we may call "freedom as independence from the power of another". This is the aspect of freedom that distinguishes the slave from the free man. My theory seeks to establish the existence of a very tight and necessary connection between law and morality. Positivists will find it impossible to deny that governance by law involves some degree of compliance with Fuller's eight requirements, and that such compliance necessarily involves the realisation of some degree of freedom as independence. If they are tempted to deny that freedom as independence is a distinct aspect of freedom, they must also argue that connections between slavery and the lack of freedom are purely contingent. If they accept that the lack of freedom as independece is what makes a slave a slave, but they deny that freedom as indepenence is a moral value, they must say that there is nothing intrinsically morally wrong with slavery: the moral wrongness of slavery would then have to be seen as stemming from purely contingent features of the slave's position. The value of freedom as independence may be thin. But it is real, it is genuinely valuable, and it is tightly connected to the existence of law. (shrink)

This study deals with the place and meaning of "legality" in Kant's moral philosophy. Although the return to Kantianism dominates contemporary political and legal thought, the boundaries of the analyses of the relationship between morality and legality in Kant's moral philosophy are confined to the boundaries drawn by John Rawls and Jürgen Habermas. While Rawls and Habermas consider law and morality as intersecting sets of rules and rights, they mostly consider this relationship in terms of the (...) question of the legitimacy of law. By contrast, this study is an attempt to reconsider the Kantian link between morality and legality beyond the question of the legitimacy of law. Without the deontological filters of the Rawlsian and Habermasian political and legal theory, and therefore without leaving teleological and axiological concerns outside of the field of application, this study is an attempt to analyze the possible ways of understanding the conceptual connection between morality and legality in Kant's moral philosophy. Hence in this study, by paying particular attention to The Groundwork of the Metaphysics of Morals and The Metaphysics of Morals, I will analyze the role of legality in Kant's morality. The study first explains the goals of Groundwork and Metaphysics as Kant describes them. The study then turns to the discussion of duty as the central concept of Kant's thought. In the process, the study questions the possible ways of understanding the conceptual relationship between moral and legal obligation in Kant's thought, and mainly emphasizes two possible different conceptualizations of that relationship, The first understanding can be constructed on the claim that the obligation of the moral subject is also to follow the fundamental principles of morality, the Categorical Imperative, in the legal order, which is part of the phenomenal world. The main point of this understanding lies in the idea that Kant's understanding of legal obligation presupposes the will's capacity to abstract from inclinations, The second understanding, in contrast to the first one, can be built on the belief that moral and legal obligations should be conceived as completely distinct and non-intersecting in Kant's moral philosophy. From this perspective, neither moral obligation nor legal obligation can affect each other. The study concludes by focusing on moderate interventionism as a possible third option for linking moral and legal obligations in Kant's moral philosophy. (shrink)

Bill Bowring’s book attempts to argue for a Marxist account of international law that embraces it as a tool for progressive politics and revolutionary change. He argues it is necessary to give a substantive account of both, locating them in the real struggles of the oppressed. Specifically, he locates human rights in the three great revolutions ‐ the French, the Russian and the anticolonial. However, this revolutionary heritage has been ‘degraded’ by recent events. As such, it is necessary to adopt (...) ‘revolutionary conservatism’, invoking international law’s origins against its current degradation. This review argues that, owing to international law’s indeterminacy, Bowring’s project is susceptible to imperial appropriation. This means, however, that Bowring cannot give an account of why we should use international law. It then argues that Bowring’s account of Pashukanis is wrong, and that Pashukanis’s work can better make sense of Bowring’s insights and international law more generally. (shrink)

This paper critically examines Christopher Zurn’s suggestion mentioned above that various social pathologies (pathologies of ideological recognition, maldistribution, invisibilization, rationality distortions, reification and institutionally forced self-realization) share the structure of being ‘second-order disorders’: that is, that they each entail ‘constitutive disconnects between first-order contents and secondorder reflexive comprehension of those contents, where those disconnects are pervasive and socially caused’ (Zurn, 2011, 345-346). The paper argues that the cases even as discussed by Zurn do not actually match that characterization, (...) but that it would be premature to conclude that they are not thereby social pathologies, or that they do not have a structure in common. It is just that the structure is more complex than originally described, covering pervasive socially caused evils (i) in the social reality, (ii) in the first order experiences and understandings, (iii) in the second order reflection as discussed by Zurn, and also (iv) in the ‘third order’ phenomenon concerning the pre-emptive silencing or nullification of social criticism even before it takes Place. -/- Research Interests: Critical Theory, Social Theory, Political Theory, Recognition - Social Pathologies, Axel Honneth, Mutual recognition and Dani Zubair . (shrink)

Bill Bowring’s book attempts to argue for a Marxist account of international law that embraces it as a tool for progressive politics and revolutionary change. He argues it is necessary to give a substantive account of both, locating them in the real struggles of the oppressed. Specifically, he locates human rights in the three great revolutions ‐ the French, the Russian and the anticolonial. However, this revolutionary heritage has been ‘degraded’ by recent events. As such, it is necessary to adopt (...) ‘revolutionary conservatism’, invoking international law’s origins against its current degradation. This review argues that, owing to international law’s indeterminacy, Bowring’s project is susceptible to imperial appropriation. This means, however, that Bowring cannot give an account of why we should use international law. It then argues that Bowring’s account of Pashukanis is wrong, and that Pashukanis’s work can better make sense of Bowring’s insights and international law more generally. (shrink)

Presenting the first critical analysis of Carl Schmitt's _The Nomos of the Earth_ and how it relates to the epochal changes in the international system that have risen from the collapse of the ‘Westphalian’ international order. There is an emerging recognition in political theory circles that core issues, such as order, social justice, rights, need to be studied in their global context. Schmitt’s international political thought provides a stepping stone in these related paths, offering an alternative (...) history of international relations, of the genesis, achievements and demise of the ‘Westphalian system.’ Writing at a time when he believed that the spatial, political and legal order—the nomos of the earth—had collapsed, he highlighted the advent of the modern state as the vehicle of secularization, tracing how this interstate order was able to limit and ‘rationalize and humanize’ war. Providing a large number of case studies including: global terrorism, humanitarian intervention and US hegemony, this book will give further impetus to, and expand, the nascent debate on the significance of Schmitt’s legal and political thought for international politics. _The International Political Thought of Carl Schmitt_ will be of interest to students and scholars of international relations, law and history. (shrink)

While some descriptive and normative theories of legislation account for an extensive role of legal interpretation in legislation, others see its legislative role as marginal. Yet in contemporary constitutional democracies, where legislation is limited and guided by constitutional norms, as well as international and supranational law, legal interpretation must play some role in legislation—even if all or most of legislative activity may not be adequately described and evaluated as legal interpretation. In this chapter, I aim to explore (...) some implications of recognizing the role of legal interpretation in legislation—notably, for the conceptualization and significance of legal expertise in the legislative process, as well as for determining the moral duties of legislative representatives. First, I argue that the role of legal interpretation in legislation calls for institutional reforms in legislatures in order to ensure that legal expertise is adequately channeled into the legislative process, including agenda-setting. Second, I argue that interpreting legal norms through legislation implies specific moral duties for legislative representatives, both in their relations to one another and in their relations vis-à-vis their constituents. I show that giving legal interpretation its due in a descriptive and normative account of legislative activity does not imply an elitist understanding of legislation, and it does not compromise our conception of legislatures as loci of political and moral disagreement and democratic representation. (shrink)

This essay analyzes the eco-religious “God’s Gardeners” group as they appear in Margaret Atwood’s Oryx and Crake and The Year of the Flood as a possible model of capitalist “non-existence,” exploring the alternative potentials at which they arrive in relation to waste throughout the text. The Gardeners present an affective mode of consumer non-participation as a possible first step toward a reflexive awareness of the role trash plays in our subjective experiences of the world. Through a process of symbolic embodiment, (...) the Gardeners exist in marginalized space and so re-situate waste for themselves as objects and spaces with new potential boundaries. This leads to a confrontation with social reality itself, piercing the reality-building project of capitalist logic in order to uncover the fabricated “antagonism between the Excluded—the ‘animals’ according to global capital—and the Included—the ‘political animals’ proper, those participating in capitalism” that structures characters’ experiences. The focus here is not only on re-situating waste but re-inscribing it in the domain of social discourse in a way that subverts consumer expectations and challenges the limits of desire. In these texts, enjoyment is displaced onto waste objects as a point of psychological investment transmitted from subject to subject. In building reality through these kinds of direct relations, Atwood implies, one may challenge the imposition of ideology and expand its apparent limits in order to re-symbolize the spaces and objects marginalized as waste, proceeding in the end to a renewed interconnection between subject, object, and excess. (shrink)

In this monograph a fundamental distinction is made between law and juridical thinking. Law is the content of legal rules and the systems of legal rules. Juridical thinking is the handling of the law by the lawyers. To this distinction corresponds a basic distinction between the language of law and the language of juridical thinking, and correlatively, between L-concepts and J-concepts. The monograph is devoted to the J-concepts, especially of technical J-concepts. Four kinds of J-concepts are investigated: morphological (...) J-concepts, those that help us to structure the law in a logical and functional way; topological J-concepts, those that help us to indicate the phenomena to which the law is applicable, and to separate the areas of application for different legal systems; praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law. The work can be characterised as presenting a lawyer ́s philosophy of law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Beginning in the 20s of the last century, historical research into Eiximenis's life and writings has thrown into relief his contribution to the language and political ideas of the kingdoms and towns of the Catalan-Aragonese Crown. Of fundamental importance has been the work of medievalists from North America, and in particular that of Canadian scholars during the last decades of the twentieth century.More recently, a number of studies (...) have underlined the decisive contribution of Eiximenis – a representative of a European textual tradition among friars of the Minor Observance that extended from Oxford to Florence – to the establishment of a system of ethical values for the economic sphere and for trading practices that continued to be developed by members of the Franciscan Order throughout the high middle ages and early modern period.As a follow-up to these studies, I believe that a program of textual analysis and systematic investigation of Eximenis's work could provide further information about the range and significance of his political thinking, based as it was on applying, in typically Franciscan fashion, experimental observation to gain an understanding of the nature both of the societas and of the market, the latter being thought of as a defining expression of civic institutions in Western Europe. This same experimental approach can be found in Franciscan thinking from the catalan-aragonese realm not only in the work of Arnau de Vilanova and Ramon Llull, but also in that of Pere Tomas and Anselm Turmeda, two figures fundamental to the preparation and political engagement of the Friar of Girona.1. The concept of contractIn Eiximenian texts, the communitarian dimension is defined as one that is of necessity based on contract. It is expounded in the long opening section of the Dotzè del Crestià, where Eiximenis outlines the political value of the civitas, as well as setting out the elements that constitute civic life.Borrowing from Aristotle's discussion in the First Book of the Politics , the Franciscan friar strongly affirms that one of the principal reasons behind the civitas is the "necessitat de contractes," the need for contracts. Going far beyond the highly qualified analysis of money and coinage set out by the Greek philosopher, Eiximenis here maintains that the aims of the community is the profit that the citizenry realises by means of different forms of exchange, through buying and selling, through contracts, and through trading. Moreover, that the binding nature of trading-contracts is a matter of concern not of the city in the narrow sense, but of each and every kind of human social organization.Even before contract-law, or, better said, conventional or foral procedure, Eiximenis views the idea of the contract as an essential part of the ethical and organizational principles of living as a community, the essence of the civitas. And it is of great significance that when he is discussing the value and function of money, Eiximenis chooses to call the sorts of exchange that to-day we term economic or financial les civils conmutacions, or exchanges between citizens.These lexical hints allow us to capture the strength of meaning and value, the ethical perspective by which the Gerundense defines the inextricable union of the market and civic society. But it is not only an analytical perspective, significant as that is, that unites market and civic ethics; we are presented with a value judgment of contract and economic exchange as elements that determine the very idea of civilitas.The "bona civilitas," an expression that can be roughly translated as "good civic culture," is in fact founded on a concept of economic ethics that has as its distinguishing feature the logic of profitable exchange, of the distribution of that profit, of contractualization, and of the circulation of goods and money. It is characterised by redefining the anti-value of avaritia as a real.. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:“Out of the Order of Number”: Benjamin and Irigaray Toward a Politics of Pure MeansPeter Fenves* (bio)At the heart of the legal orders that arose in conjunction with the Enlightenment idea of law as rules of conduct universally applicable to all those who belong to a properly instituted political body lies a formula for the justification of the violence on which the law depends in (...) class='Hi'>order for it to be an actual, effective, and therefore “living” law—and not merely an idea: violence is justified insofar as it is a means for the control of those violent acts that are not themselves means for the control of immediate threats of violence. As Walter Benjamin indicates in the opening paragraphs of his most explicit exposition of legal and political theory, “Toward the Critique of Violence” (1921), the justification of violence as a means is the point of contention around which arguments over the origin, nature, and purpose of the modern state endlessly circle. Justified violence is supposed to be of a different order than unjustified violence, and so in the context of legal reasoning it is no longer called “violence” but “coercion” or “punishment.” Yet as the formula for the justification of violence indicates, the violence of the legal order is not in general sanctioned for the purpose of subduing immediate threats to one’s own life—this is the justification for the extralegal violence of “private persons”—but for the purpose of preserving the law itself: the law is inviolable. As long as the legal order makes the law effective and thus gives it life, it, too, is inviolable, and all violence other than its own can henceforth be interpreted as an immediate threat not to life itself—however this may be understood—but to the legal order. The end of legally sanctioned violence, its purpose and function, is not to put an end to violence as such but, instead, to thwart all threats to the law in the name of which violence can be sanctioned. Everything that enters into the space over which the legal order imposes its sentence is therefore implicated in the disquieting—or, as Benjamin says, “rotten” [GS 2: 188; SW 242]—ambiguity of legal violence understood as a means whose justification lies in the application of the law: the legal order can justify its own violence only insofar as this violence is a means to an end, but the end it serves can never be separated from itself as means, for the law, by virtue of its universality, is at bottom unconcerned with the life of those upon whom the violence it justifies is exercised or with the life of those whom this violence is supposed to protect. The violence of the legal order is concerned solely with itself, with its own majesty—without, however, ceasing to present itself as a means and reverting to what all legal violence once was: immediate manifestation.Nothing that enters into the space of the legal order can escape the ambiguity of the violence through which the law comes to life. Or at least nothing can escape this ambiguity as long as the space on which the legal order founds itself runs counter to the sole space that accords with the strict universality of the law: a universally accessible, indivisible, and undivided space that is nevertheless capable of the greatest degree of discreteness, differentiation, and individuation. In place of this space the legal orders that arose in Europe over the course of the last five centuries set out something like its parody: [End Page 43] homogeneous and yet fully divided domains whose divisions from one another are momenta of the extralegal violence to which each legal order owes its origin. At least one species of being has always been seen to move outside the space of the legal order—a species whose specificity, speciesness, and spatiality have thus given rise to interminable analysis: the angels. The space that angels traverse—and, in particular, the ones who enter into Luce Irigaray’s writings—does not suffer division into homogeneous domains but does not therefore amount to an undifferentiated expanse, a yawning abyss, or a formless chaos; it is... (shrink)

This Element aims to explore how the relation between societal organisation and legal orders – the question of materiality – has been investigated in philosophy of law. The starting point of the Element is that such relation has often been left invisible or thematised in poor and reductive terms. After having explained the main reasons behind this neglect, the Element provides an overview of the three main approaches to legal philosophy whose contributions, though not always effective, can still (...) provide some insights for a contemporary analysis of legal orders' materiality: materialism, legal institutionalism, and the new materialism. The last section of the Element suggests looking for a footing for the study of materiality in two fields: the metaphysics of relations and the political economy of legal orders. (shrink)

The fundamental importance of theology in the work of Carl Schmitt has been the subject of much recent literature on this controversial figure. However, there has been little consensus on the precise nature of Schmitt's own political theologydecisionisminstitutional thinking,” in order to reveal the theological basis for his understanding of the new regime. I will then argue that Schmitt's institutional approach had in fact always been central to his earlier, better-known writings on law and the state. Schmitt's concept (...) of the institution, which had roots in French legal theory, grounded a political theology that was in the end less a metaphysical approach to the state than one that drew on the concrete example of the legal institutional order of the Catholic Church. (shrink)

Constitutional pluralism has become a principal model for understanding the legal and political structure of the European Union. Yet its variants are highly diverse, ranging from moderate “institutional” forms, closer to constitutionalist thinking, to “radical” ones which renounce a common framework to connect the different layers of law at play. Neil MacCormick, whose work was key for the rise of constitutional pluralism, shifted his approach from radical to institutional pluralism over time. This paper reconstructs the reasons for this (...) shift—mainly concerns about political stability that also underlie many others' skepticism vis-à-vis radical pluralist ideas. It then seeks to show why such concerns are likely overdrawn. In the fluid, contested space of postnational politics, a common, overarching frame is problematic as it might inflame, rather than tame, tensions. Leaving fundamental issues open along radical pluralist lines may help to work around points of highly charged contestation and provide opportunities for resistance from less powerful actors. (shrink)

The paper investigates phenomenology’s possibilities to describe, reflect and critically analyse political and legal orders. It presents a “toolbox” of methodological reflections, tools and topics, by relating to the classics of the tradition and to the emerging movement of “critical phenomenology,” as well as by touching upon current issues such as experiences of rightlessness, experiences in the digital lifeworld, and experiences of the public sphere. It is argued that phenomenology provides us with a dynamic methodological framework that emphasizes (...) correlational, co-constitutional, and interrelational structures, and thus pays attention to modes of givenness, the making and unmaking of “world,” and, thereby, the inter/subjective, affective, and bodily constitution of meaning. In the case of political and legal orders, questions of power, exclusion, and normativity are central issues. By looking at “best practice” models such as Hannah Arendt’s analyses, the paper points out an analytical tool and flexible framework of “spaces of meaning” that phenomenologists can use and modify as they go along. In the current debates on political and legal issues, the author sees the main task of phenomenology to reclaim experience as world-building and world-opening, also in a normative sense, and to demonstrate how structures and orders are lived while they condition and form spaces of meaning. If we want to understand, criticize, act, or change something, this subjective and intersubjective perspective will remain indispensable. (shrink)

The paper addresses the question of adaptation of existing regulatory frameworks in the face of innovation in biotechnologies, and specifically the roles played in this by various expert knowledge practices. We identify two overlapping ideal types of adaptation: first, the stretching and maintenance of a pre-existing legal framework, and second, a breaking of existing classifications and establishment of a novel regime. We approach this issue by focusing on varieties of regulatory knowledge which, contributing to and parting of political (...) legitimacy, in principle enable the making of legally binding decisions about risks and benefits of technologies. We base the discussion around two case studies, one of animal biotechnology ethical regulation, the other of ‘advanced therapy’ medicinal product regulation, both in the context of European Union frameworks. Specifically, we explore the knowledge configurations constituting expert committees and other institutional formations of expert regulatory knowledge in their political context. We show that where sectoral and moral boundaries are challenged, different modes of regulatory knowledge beyond scientific forms – legal, procedural, moral, economic and industrial – can shape regulatory innovations either by maintenance of regimes through commensuration and stretching, or through differentiation and separation creating new frameworks. We conclude that establishing an essential techno-scientific difference between pre-existing and novel technologies does not in itself require new regulatory structures, and that the regulatory strategy that is followed will be determined by a combination of different forms of knowledge. (shrink)

In this book, Travis DeCook explores the theological and political innovations found in early modern accounts of the Bible's origins. In the charged climate produced by the Reformation and humanist historicism, writers grappled with the tension between the Bible's divine and human aspects, and they produced innovative narratives regarding the agencies and processes through which the Bible came into existence and was transmitted. DeCook investigates how these accounts of Scripture's production were taken up beyond the expected boundaries of (...) biblical study, and were redeployed as the theological basis for wide-reaching arguments about the proper ordering of human life. DeCook provides a new, critical perspective on ideas regarding secularity, secularization, and modernity, challenging the dominant narratives regarding the Bible's role in these processes. He shows how these engagements with the Bible's origins prompt a rethinking of formulations of secularity and secularization in our own time. (shrink)

This article applies the concept of the boundary of order to examine the multi-faceted and complex relations between the EU and Ukraine. The focus is on geopolitical, institutional/legal and cultural boundaries in order to conceptualize the EU’s reluctant engagement with Ukraine. Yet, notwithstanding the EU’s refusal to offer Ukraine membership, it softened the legal boundary to placate Ukraine’s demand for inclusion. Furthermore, the cultural boundary has become blurred through references to Europe as a discursive benchmark (...) of ‘normality’ in Ukraine, and Ukraine’s Europeanness as evidenced in its support for so-called European values. Overall, it is argued that different boundaries are subject to conflicting dynamics and that Russia has, inadvertently, contributed to a diminution of the boundaries between the EU and Ukraine. (shrink)

In his essay ‘Critique of Violence’, Walter Benjamin subjects violence to a critique in order to establish the criterion for violence itself as a principle. His starting point is the distinction between law-positing and law-preserving violence. However, these are for him inseparable and subjected to the law of historical change: the history of the law is nothing but the dialectical rising and falling of legal orders. Benjamin’s analysis of legal violence and his criticism of parliamentary democracies, this (...) article advances, should be related to the critical analysis of the possibilities for alternative politics in contemporary democratic rule of law states, as those advanced by Bernard Noël, Philippe Lacoue-Labarthe, Jean-Luc Nancy and Jacques Rancière. For Benjamin, it is only law-destroying divine violence, whose principle is justice, not power, that is able to break this circle and open up a new era. Divine violence is, however, not only a provocative but also an extremely problematic, even dangerous, concept, as Jacques Derrida, among others, has claimed. This article considers, therefore, whether the concept of divine violence has any real political relevance in the contemporary era. (shrink)

The ‘reflexive turn’ transcended disciplinary boundaries within the social sciences. Feminist scholars in particular have taken up its core concerns, establishing a wide-ranging literature on reflexivity in feminist theory and practice. In this paper, I contribute to this scholarship by deconstructing the ‘story’ of my own research as a white, genderqueer, masculine-presenting researcher in Ghana. This deconstruction is based on thirteen months of field research exploring LGBT activism in the capital city of Accra. Using a series of ethnographic vignettes, (...) I examine questions of queer subjectivity, embodiment and self/other dynamics in the research encounter. Specifically, I interrogate what a reflexive concern for power relations means when researchers share moments of commonality and difference with research participants, here in relation to axes of gender, sexuality, race and class. Finally, I explore the challenge of theorising resistance in light of feminist postcolonial critiques of the politics of representation. I conclude that it is only by locating these tensions and dissonances in the foreground of our inquiries that reflexivity becomes meaningful as a way of rendering knowledge production more accountable and transparent, of practising feminist solidarity, and of excavating our own queer research journeys. (shrink)

This book provides a general theory of democratic inclusion for the present world. It presents an original contribution to our understanding of the democratic ideal by explaining how democratic inclusion can apply to individuals in a variety of contexts: the workplace, social clubs, religious institutions, the family and, of course, the state. The book explores the problem of democratic inclusion, what it means to be subject to de facto authority, how this conception translates into legal systems and the relationship (...) between territorial claims by the state, and law's claim to legitimate authority. The volume will be of interest to scholars and researchers of politics, especially political theory and democracy. (shrink)

This article explores a concept of artistic transgression I call aesthetic disobedience that runs parallel to the political concept of civil disobedience. Acts of civil disobedience break some law in order to publicly draw attention to and recommend the reform of a conflict between the commitments of a legal system and some shared commitments of a community. Likewise, acts of aesthetic disobedience break some entrenched artworld norm in order to publicly draw attention to and recommend the (...) reform of a conflict between artworld commitments and some shared commitments of a community. Considering artistic transgressions under the concept of aesthetic disobedience highlights often-overlooked features of modern artworld practices. Most significantly, it draws attention to the deliberative participation of a wide variety of citizens of the artworld, including not just artists and performers but also members of audiences, in the transformation of the rules and boundaries of the artworld itself. (shrink)

The Other's War is an intervention into a set of contemporary moral, political and legal debates over the legitimacy of war and terrorism within the context of the so-called global War on Terror. Tarik Kochi considers how, despite the variety of its approaches âe" just war theory, classical realist, post-Kantian, poststructuralist âe" contemporary ethical, political and legal philosophy still struggles to produce a convincing account of war. Focusing on the philosophical problem of the rightness of war, (...) The Other's War responds to this lack. Through a discussion of a number of key Western intellectual traditions, Kochi demonstrates how often conflicting and contradictory conceptions of warâe(tm)s rightness have developed in modernity. He shows how a process of ordering violence around different notions of right has constantly redrawn the boundaries of what constitutes âe~legitimateâe(tm) violence. Such a process has consequences for anyone who claims to be fighting a âe~just warâe(tm). Building upon this account and drawing upon the philosophical heritage of G.W.F. Hegel and Ernst Bloch, The Otherâe(tm)s War proposes a new understanding of war, not just as a social condition characterised by violent conflict and struggles for power, but as the attempt of individuals and groups to realise their normative claims through violence. Kochi argues that both of these aspects of war are an expression of the metaphysics of human subjectivity. War begins with, and is the radical exaggeration of, a fundamental activity of human subjectivity, in which the subject constitutes its normative and material identity; realising and positing itself through acts that involve negation and violence. By drawing consideration of the problem of war back to the level of a philosophical examination of the metaphysics of human subjectivity, The Other's War develops a novel theory of war that helps us to better understand the nature of contemporary conflict as a process of recognition. From this perspective, judgment, it is concluded, needs to be constantly guided by the effort to recognise the ethics of the other's war. (shrink)

This paper argues that the writings of Hans Kelsen deserve more attention from those engaged in the debate on secularization and political theology. His lifelong struggle with various forms of legal‐political metaphysics is an identifiable thread in many of his writings. Kelsen’s concern with the theological‐political issues found in the theory of the state (Staatslehre) is far from being marginal. Kelsen claims that his theory aims at resolving the traditional dualism of law and state prevailing in (...) the Staatslehre and contributes to an “uncompromising destruction of one of the most effective ideologies of legitimacy.” Kelsen maintains that the contents of this “ideology of legitimacy” derive from both political metaphysics and the deep‐seated ancient ways of thinking on nature and society. In order to illustrate this thesis, I propose calling this phenomenon “totemism of the modern state.”. (shrink)

This article addresses the boundaries of law and historiography in scrutinizing some rarely analyzed aspects of the works of Reinhart Koselleck. The article studies the significance of the tradition of ‘politico-juridical’ concepts in Koselleck’s thought, by tracing the intellectual history and biographies of some notable legal historians that for the large part defined the legal historical discourse after the Second World War. It is argued that a research of the connections between Koselleck and these legal historians (...) provides an insight into the themes of the temporality of law and the universality of legal concepts in Koselleck’s articles. In contextualizing the thinking and texts of Reinhart Koselleck, this article benefits from previously unused primary sources and illuminates the reference group and intellectual atmosphere in which Koselleck worked in and around 1968. (shrink)

This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each 'old book' is analyzed by a recognized specialist (...) in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions. (shrink)

In the last two centuries, our world would have been a safer place if philosophers such as Rousseau, Marx, and Nietzsche had not given intellectual encouragement to the radical ideologies of Jacobins, Stalinists, and fascists. Maybe the world would have been better off, from the standpoint of sound practice, if philosophers had engaged in only modest, decent theory, as did John Stuart Mill. Yet, as Ronald Beiner contends, the point of theory is not to think safe thoughts; the point is (...) to open intellectual horizons. In Philosophy in a Time of Lost Spirit, Beiner reflects on the dualism of theory and practice. The purpose of the theorist is not to offer sensible guidance on the conduct of social life but to test the boundaries of our vision of social order. Whereas the liberal citizen should embody the practical virtues of prudence and moderation, the theorist should be radical, probing, and immoderate. Looking back at the liberal-communitarian debate of the 1980s, Beiner recognizes that the antidote to our spiritless times lies neither in the embrace of community over individualism nor of individualism over community: both individual and community need to be submitted to radical questioning. It is by exposing ourselves to the challenge of fearless thinking encountered at the philosophical extremities that we are most likely to understand our own world at a deeper level. In this collection of essays and reviews, Ronald Beiner helps us to think critically about the thought-worlds of our foremost contemporary thinkers, including Hannah Arendt, Allan Bloom, Michel Foucault, Hans-Georg Gadamer, J¦rgen Habermas, Will Kymlicka, Christopher Lasch, Richard Rorty, Judith Shklar, Leo Strauss, Charles Taylor, and Michael Walzer. (shrink)

Bringing together leading international scholars within the fields of social and political theory and philosophy, this book explores how we should understand work and its role in our lives and wider society. What challenges are posed by work in our changing economy and the new economic forms that are beginning to emerge, and how can we best address these challenges? In what ways do patterns of working, as well as work technologies, shape people's lives within and outside work, in (...) particular their life opportunities and their social and natural environment? How might we organize-or seek to reorganize-workplaces so that the experience of work better reflects our shared ethical ideals and normative principles? This volume examines these vital questions in a comprehensive and systematic manner in order to provide much needed theoretical insight and practical guidance in reflecting on the nature, problems, and possibilities of work currently. This book will be of interest to undergraduate and postgraduate students and established academics in the areas of contemporary political theory and philosophy, social theory, legal philosophy, labour studies, the sociology of work, practical ethics, critical theory, and political activism. (shrink)

Confucius is finally rehabilitated. Party dignitaries kneel at his ancestral shrine. The benevolent Confucian is a new image of China for the outside, and for Chinese dealing with the collapse of ideology and the moral fabric of their society. The word tianxia is usually translated “all under Heaven.” It has a complicated history and a complicated contemporary appropriation in a desperate ideology-cum-PR campaign. The tianxia-idea is that China has for millennia been a government of all under heaven. It was such (...) a government in the past, is one today, and offers the whole world its benevolent alternative to liberalism and democracy. More than one contributor to this strong collection of interesting essays suspects that the Confucian revival is an act of desperation. As soft power, Confucianism may be no match for global capitalism. Soft power is not readily synthesized by official campaign. Its genuine source is in everyday life, and the life of ordinary Chinese is without much resonance beyond its borders. The whole world uses Chinese electronics, though almost none but the Chinese read their books, watch their television, or listen to their music. The world’s love affair with China is fixated on the economic numbers and is no less capricious. It has never been clear whether tianxia means a cultural realm without political boundaries, as is urged by modern ideologists, or is just another word for China, which is how modern Chinese dictionaries explain it. On the official account, membership in “all under Heaven” is a matter of shared culture, sustained by affective ties rather than coercion, but it is a culture that values order over freedom, ethics over law, and authority over democracy and human rights. Outsiders worry that tianxia is the cloak of a rising hegemon. However, the important audience for lofty talk of tianxia may be internal. Whether foreigners really trust it may be less urgent than for the Chinese to believe it about themselves. Postsocialist China has no unifying vision and has yet to honestly scrutinize official socialism. The new discourse of tianxia speaks to their need for a vision of their place in the world. The image of a tianxia government of benevolent authority may be more useful for identity within China than for offering the world a viable alternative to democracy and human rights. (shrink)