ABSTRACTThis article contributes to the recent historiography on Enlightenment plans for European peace by shedding light on the political and intellectual work of the neglected Spanish minister and intellectual José Carvajal y Lancaster. The article begins by outlining the intellectual context surrounding the War of Spanish Succession, and proceeds to analyse the ways that Carvajal deployed, both in his texts and in power, Enlightenment ideals to reform the Spanish Empire and achieve perpetual peace in Europe. The ideas of his first (...) work, his Testamento Político, revealed the ways that the logic of joint-stock companies could catalyse the reform of the Spanish Empire. His measures in government, in turn, illustrated how international cooperation could be mutually beneficial, but turned on his fraught relationship with the future Marquis of Pombal. Finally, his text Mis Pensamientos, written in 1753, envisaged a formal commercial and political coalition between the Spanish and the British Empires. Carvajal’s vision for European peace was at once utopian and clear-eyed, and the ideas behind his plan persist as demanding questions for our age. (shrink)

Could international financial capital impose shareholder sovereignty on Japan, the ultimate bastion of stakeholder capitalism? As the Japanese economy descended from boom to bust in the early 1990s, government and industry leaders called for a decisive move toward US-style shareholder capitalism, and increasing foreign share ownership exerted strong pressure to adapt corporate governance practices to Anglo-American norms. In practice, however, the government gave firms more options for restructuring but did not make them more beholden to shareholders. Firms (...) on their part favored superficial adjustments to prop up share prices rather than fundamental changes, because they sought to preserve the strengths of their traditional business models. This article explains how marketplace developments, domestic political dynamics, and corporate strategies combined to produce the distinctive pattern of Japanese corporate governance reforms since the 1990s. It concludes with an assessment of the consequences of these reforms for managers, workers, shareholders, and the general public. (shrink)

ABSTRACTThis article provides a reappraisal of the history of proyectismo. Scholars have employed the concept to categorise early eighteenth-century Spanish authors and reforms, and have thereby severed them from their historical context. This article explores the imperial origins of this political culture by shedding light on the generation of knowledge in early eighteenth-century diplomatic and imperial spaces. The article focuses on the overlooked thinker Álvaro José Navia-Osorio y Vigil, Marquis of Santa Cruz de Marcenado – long considered to be a (...) proyectista – and his appeal to the Spanish Republic of Letters to assist him in his project for a universal dictionary; an enterprise that predated Chamber’s Cyclopedia and Diderot and D’Alembert’s Encyclopédie. Marcenado’s contributions to the establishment of Spanish intellectual connections with foreign thinkers were, moreover, symptomatic of the political approach of early eighteenth-century ilustrados – transterritorial, transnational, and transversal thinkers who drew on the peninsula’s ties with the Flanders and Italy to revitalise the intellectual life of Spain. These thinkers recovered the study of Muslim Spain, and envisioned the establishment of councils and academies in Mexico and Peru. The Spanish Enlightenment, then, originated in the early eighteenth-century from their rediscovery of the Spanish Republic of Letters. (shrink)

This article seeks to bring a focus to the significance of trade and finance in corporate governance outcomes. It explores the theoretical and historical link between micro-economic-level firm structure and macro-economic institutions such as trade and finance. The more open the economy, it argues, the more difficult it is in the long run to sustain an insider model. It then argues that changes in interdependent aspects of macro-economic policy in the UK and the US—primarily trade liberalization and the end of (...) capital controls—combined with the presence of developed capital markets and a self-regulatory ethos, allowed institutional investors to refocus the market-level rules on shareholders despite the managerial bias of their legal systems, and enabled the emergence of the outsider shareholder-oriented systems present there today. The article then argues that core insider systems such as those in Germany and France operated with different financing arrangements which meant that they were less susceptible to immediate change. However, in the long run global economic conditions have continued to push shareholder-oriented norms on insider systems. The article concludes that if these conditions persist, then governments will lose, or may indeed already have lost, sovereignty with regard to choice of corporate governance system. (shrink)

In this strikingly original work, Paul W. Kahn rethinks the meaning of political theology. In a text innovative in both form and substance, he describes an American political theology as a secular inquiry into ultimate meanings sustaining our faith in the popular sovereign. Kahn works out his view through an engagement with Carl Schmitt's 1922 classic, _Political Theology: Four Chapters on the Concept of Sovereignty_. He forces an engagement with Schmitt's four chapters, offering a new version of each that is (...) responsive to the American political imaginary. The result is a contemporary political theology. As in Schmitt's work, sovereignty remains central, yet Kahn shows how popular sovereignty creates an ethos of sacrifice in the modern state. Turning to law, Kahn demonstrates how the line between exception and judicial decision is not as sharp as Schmitt led us to believe. He reminds readers that American political life begins with the revolutionary willingness to sacrifice and that both sacrifice and law continue to ground the American political imagination. Kahn offers a political theology that has at its center the practice of freedom realized in political decisions, legal judgments, and finally in philosophical inquiry itself. (shrink)

"The king is dead. Long live the king!" In early modern Europe, the king's body was literally sovereign—and the right to rule was immediately transferrable to the next monarch in line upon the king's death. In The Royal Remains, Eric L. Santner argues that the "carnal" dimension of the structures and dynamics of sovereignty hasn't disappeared from politics. Instead, it migrated to a new location—the life of the people—where something royal continues to linger in the way we obsessively track (...) and measure the vicissitudes of our flesh. Santner demonstrates the ways in which democratic societies have continued many of the rituals and practices associated with kingship in displaced, distorted, and usually, unrecognizable forms. He proposes that those strange mental activities Freud first lumped under the category of the unconscious—which often manifest themselves in peculiar physical ways—are really the uncanny second life of these "royal remains," now animated in the body politic of modern neurotic subjects. Pairing Freud with Kafka, Carl Schmitt with Hugo von Hofmannsthal,and Ernst Kantorowicz with Rainer Maria Rilke, Santner generates brilliant readings of multiple texts and traditions of thought en route to reconsidering the sovereign imaginary. Ultimately, The Royal Remains locates much of modernity—from biopolitical controversies to modernist literary experiments—in this transition from subjecthood to secular citizenship. This major new work will make a bold and original contribution to discussions of politics, psychoanalysis, and modern art and literature. (shrink)

In the early twentieth century, with the development of Western scientific imperialism, Asia, South America, and Africa became sites for Western scientific exploration. Many paleontological specimens, including dinosaur bones, were discovered in China by foreign scientists and explorers and exported to museums in France, Sweden, and the United States. After the establishment of the Nationalist Government in Nanjing in 1927, anti-imperialist Chinese intellectuals attempted to prevent foreigners from exporting specimens unearthed on Chinese territory. In the summer of 1928, the fossils (...) discovered in the Gobi Desert by the Central Asiatic Expedition of the American Museum of Natural History were detained in China. A series of negotiations ensued between Chinese and American diplomats and scientists over the issues of the ownership of fossils and the format of international scientific collaborations. By studying the interests and stakes for players in the different social worlds involved in the dispute, this essay explores the relations among science, diplomacy, and the politics of deep time. (shrink)

Capitalist reforms usually drive outmigration of peasants to cities, while elders, children, and women responsible for their care are “left behind” in the countryside. The plight of these “left behind” populations is a major focus of recent agrarian studies in China. However, rural women are not merely passive victims of these transformations. Building on ethnographic research in Guangxi and Henan provinces from 2013 to 2017, and drawing on critical gender studies and feminist political ecology, I show how the food safety (...) crisis in China creates conditions for peasant women to increase control and income from organic food production, often establishing alternative food networks with the support of female scholars and NGO organizers. Thus, I shift focus of scholarship on rural women from “left behind” to leaders in struggles for justice and food sovereignty. (shrink)

This paper explores semi‐formal interactions between SRI‐investors that take the governance route rather than deploy a best‐in‐class logic or exclusionary screening. On the basis of a stakeholder typology of the investor and of the chosen topic of interaction, namely compliance with the core ILO labour conventions, the paper formulates 10 expectations about management reactions to the concerns raised by investors. These expectations cover responsiveness, acknowledgment of positions and general attitude. The expectations are then related to the factual discourse by management (...) responding to such concerns raised by investors. Based on data obtained from the Portfolio21‐correspondence, which is a joint initiative of European investors, it is found that management is very willing to discuss cases but at the same time denies the truth‐value of the allegations. Here, the problem of information asymmetry comes to the fore. (shrink)

This book stems from an examination of how Western philosophy has accounted for the foundations of law. In this tradition, the character of the “sovereign” or “lawgiver” has provided the solution to this problem. But how does the sovereign acquire the right to found law? As soon as we ask this question we are immediately confronted with a convoluted combination of jurisprudence and theology. The author begins by tracing a lengthy and deeply nuanced exchange between Derrida and Nancy on the (...) question of community and fraternity and then moves on to engage with a diverse set of texts from the Marquis de Sade, Saint Augustine, Kant, Hegel, and Kafka. These texts—which range from the canonical to the apocryphal—all struggle in their own manner with the question of the foundations of law. Each offers a path to the law. If a reader accepts any path as it is and follows without question, the law is set and determined and the possibility of dialogue is closed. The aim of this book is to approach the foundations of law from a series of different angles so that we can begin to see that those foundations are always in question and open to the possibility of dialogue. (shrink)

Shareholder activism has been largely neglected in the few available studies on corporate governance in sub Saharan Africa. Following the recent challenges posed by the Cadbury Nigeria Plc, this paper examines shareholder activism in an evolving corporate governance institutional context and identifies strategic opportunities associated with shareholders’ empowerment through changes in code of corporate governance and recent developments in information and communications technologies in Nigeria; especially in relation to corporate social responsibility in Nigeria. It is expected that the (...) paper would contribute to the scarce literature on corporate governance and accountability in Africa. (shrink)

From The Birth of Tragedy on, Nietzsche worked to comprehend the nature of the individual. Richard White shows how Nietzsche was inspired and guided by the question of personal "sovereignty" and how through his writings sought to provoke the very sovereignty he described. White argues that Nietzsche is a philosopher our contemporary age must therefore come to understand if we are ever to secure a genuinely meaningful direction for the future. Profoundly relevant to our era, Nietzsche's philosophy addresses (...) a version of individuality that allows us to move beyond the self-dispossession of mass society and the alternative of selfish individualism - to fully understand how one becomes what one is. (shrink)

This article questions the place of the child in the metaphysics and imaginary of Western colonization, racialization, and decolonization. In the last chapter of The Wretched of the Earth by Frantz Fanon, children appear not only as victims but also as a problem for which Fanon struggles to account as a theorist of decolonization as much as a psychiatric practitioner. Through a reading of one of the cases, this article interrogates the ways in which colonization attempts to infantilize colonized populations (...) while erasing childhood, and the ways in which decolonization meets colonization by regarding childhood in the end as a misfortune. The work of decolonization, to proceed, thus would demand us to rethink childhood, and in doing so break free of Western metaphysics. (shrink)

How should a state be? Normative debates on state classification have long been central to European history, yet in her new book Natasha Wheatley offers a surprising variation on this theme by sugg...

Why do we assign to countries rights to all the positive utilities from their natural resources, but hold them under no duty to bear costs for the negative utilities generated by those resources for those beyond their borders? In this paper I suggest that this ‘volcanic asymmetry’ has been overlooked by statist and cosmopolitan theories and that, despite of the arguments that might be given on its behalf, keeping this asymmetry requires further normative justification. I present two ways of getting (...) rid of it, conclude that neither is satisfactory, and point to an alternative path. (shrink)

In “Extending Research Protections to Tribal Communities,” Saunkeah et. al. argue that sovereignty and solidarity are necessary to extend research protections under the Belmont principles and deriv...

This leading scholar draws on extensive research from four plurinational states - the United Kingdom, Spain, Belgium, and Canada - to provide a radical rethink of the very nature of sovereignty and the state. This innovative account demonstrates how transnational integration and other demands on the nation-state have broken the automatic link between state and nation, and goes on to provide a major new analysis of the subsequent challenges of recognition of nationality and democracy.

French political philosophy has experienced a renewal over the last twenty years. One of its leading projects is Marcel Gauchet’s reflection on democracy and religion. This project situates itself within the context of the French debate on modernity and autonomy launched by the work of Cornelius Castoriadis. Gauchet’s work makes a significant contribution to this debate by building on the pioneering work of Lefort on the political self-instituting capacity of modern societies and the associated shift from religion to ideology. It (...) thus explores the centrality of the notion of sovereignty in the advent of liberal democracy and conducts this reflection within an overall discussion of the role played by Christianity in the genesis of European modernity. It elaborates an anthropology of modernity which explores the relationship between individualism and democracy and redefines modernity as a project of sovereignty which aims at creating a radically new society, the society of individuals. (shrink)

The sovereignty of the people, it is widely said, is the foundation of modern democracy. The truth of this claim depends on the plausibility of attributing sovereignty to “the people” in the first place, and I shall express skepticism about this possibility. I shall suggest as well that the notion of popular sovereignty is complex, and that appeals to the notion may be best understood as expressing several different ideas and ideals. This essay distinguishes many of these (...) and suggests that greater clarity at least would be obtained by focusing directly on these notions and ideals and eschewing that of sovereignty. My claim, however, will not merely be that the notion is multifaceted and complex. I shall argue as well that the doctrine that the people are, or ought to be, sovereign is misleading in potentially dangerous ways, and is conducive to a misunderstanding of the nature of politics, governance, and social order. It would be well to do without the doctrine, but it may be equally important to understand its errors. Our understandings and justifications of democracy, certainly, should dispense with popular sovereignty. (shrink)

Living in a province dominated by powerful oligarchs, Giambattista Vico (1668–1744) concluded that political philosophy should work to undermine aristocratic authority and prevent political devolution into feudalism. Rejecting the possibility that the free market could successfully instill civil behavior, he advocated for a strong central judicial system to work closely with citizens to promote stability and justice. This study puts Vico in conversation with other Enlightenment thinkers such as Locke, Rousseau, and Mandeville to show how his alternative warrants serious consideration. (...) In contrast to scholars who read Vico's New Science as a defense of the imagination, this study casts his account of poetic wisdom politically as an epistemological critique of the aristocratic mentality. Myth and Authority argues that Vico's depiction of pagan religion is a refined attempt to explain how oligarchy maintains its stranglehold on power. While Western civilization did not follow the path Vico suggested, it may now be more relevant as concerns grow about the increasing influence of the wealthy on civil institutions. (shrink)

Eyal Benvenisti has sought to provide an optimistic account of international law through reconceptualizing the idea of sovereignty as a kind of trusteeship for humanity. He thus sketches a welcome antidote to trends in recent work in public law including public international law that claim that international law is no more than a cloak for economic and political interests, so that all that matters is which powerful actor gets to decide. In this Article, I approach his position through a (...) discussion of the debate in Weimar about sovereignty between Carl Schmitt, Hans Kelsen and Hermann Heller. I try to show that Heller’s almost unknown legal theory might be helpful to Benvenisti’s position. Heller shared with Schmitt the idea that sovereignty had to have a central role in legal theory and that its role includes a place for a final legal decision. Indeed, much more than Schmitt, Heller regarded all accounts of sovereignty as inherently political. However, in a manner closer to the spirit of Kelsen’s enterprise than to Schmitt’s, he wished to emphasize that the ultimate decider - the sovereign decision unit of the political order of liberal democracy - is entirely legally constituted. Moreover, Heller argued that fundamental principles of legality condition the exercise of a sovereign power in a way that explains the specific legitimacy of legality and which might supply the link between sovereignty and ideas such as trusteeship and humanity. (shrink)

Bangladesh continues to experience stubbornly high levels of rural malnutrition amid steady economic growth and poverty reduction. The policy response to tackling malnutrition shows an overwhelmingly technocratic bias, which depoliticizes the broader question of how the agro-food regime is structured. Taking an agrarian and human rights-based approach, this paper argues that rural malnutrition must be analyzed as symptomatic of a deepening agrarian crisis in which the obsession with productivity increases and commercialization overrides people’s democratic right to culturally appropriate, good, nutritious (...) food. Using qualitative insights from a case study of three villages, this research illustrates how agricultural modernization and commercialization reproduce rural malnutrition by degrading local biodiversity and the rural poor’s access to nutrient-rich diets. In so doing, it undermines the official discourse’s simplistic and literal reading of malnutrition as a pathological health condition resulting from the mere absence of certain micronutrients in the human body, and thus questions the adequacy of the proposed solutions. Instead, this research suggests that solving malnutrition in large part involves facilitating the rural poor’s access to nutritious diets through democratizing and reorganizing the agriculture sector in a manner that is eco-friendly and unconstrained by market imperatives. It cautiously advances agroecology and food sovereignty as possible alternatives, while recognizing that overcoming the challenges agrarian class conflict, gender disparity and urban–rural divide pose would not be easy. (shrink)

This article argues that shareholder primacy cannot be defended on the grounds that there is something special about the position of shareholders that grounds a right to preferential treatment on part of management. The notions of property and contract, traditionally thought to ground such a right, are now widely recognized as incapable of playing that role. This leaves shareholder theorists with two options. They can either abandon the project of arguing for their view on broadly deontological grounds and (...) try to advance consequentialist arguments instead, or they can search for other morally relevant properties that could ground shareholder rights. The most sustained argument in the latter vein is Marcoux’s attempt to show that the vulnerability of shareholders mandates that managers are their fiduciaries. I show that this argument leads to the unacceptable conclusion that it would be unethical for corporations to make incomplete contracts with nonshareholding stakeholders. (shrink)

While by no means intending to discount the importance of historical circumstances in motivating Bodin to change his definition of sovereignty, I suggest an alternative way for understanding this change. I study Bodin's writings in the intellectual context of his times, and argue that he proposed his absolutist theory of sovereignty as a way to preserve a minimal point of universal and immutable order for politics in a social world that he perceived as highly disorderly, corrupt and changing. (...) I begin by locating Bodin's thinking within the intellectual context of his times. Like many other sceptics of his generation, including Montaigne, Pasquier and Le Roy, Bodin no longer believed that human laws and society very closely reflected the immutable principles of the divine and natural orders, but instead argued that human affairs were generally detached from these orders and were characterized by a high degree of particularity, variability and mutability. However, in contrast to these more sceptical writers, he was unwilling to accept the possibility that human political order could subsist without some divine and natural foundation. In both the Methodus and Republique he therefore set out to identify a new universal foundation for human laws and society anchored in the divine and natural orders. (shrink)

This volume is a sequel to the author's earlier work on the development of European theories of sovereignity and constitutionalism. Professor Franklin here explains a major innovation associated with the English Civil Wars. It was only now, he shows, that there finally emerged a theory of sovereignity and resistance that was fully compatible with a mixed constitution. The new conception of resistance in a mixed constitution was to enter the main tradition via Locke, who stood alone among major writers of (...) the 1680s in holding that the effect of tyranny by any constituted power, even by the King alone, was entire dissolution of the government and the reversion of power to the general community. When this familiar position is read against the background of preceding constitutionalist theory, the Second Treatise reveals a new dimension of novelty and historical significance. (shrink)

One of the best known aspects of Oakeshott’s philosophy is his critique of rationalism. Because it is often read in a manner that dissociates it from the larger milieu in which it subsists, namely, Oakeshotts’s philosophy of experience, Oakeshott is sometimes labeled as an enemy of politics, one who is uninterested in political affairs; or, again, as a conservative, one who is at odds with modernity. Yet it remains to be seen whether these labels do justice to the complexity of (...) Oakeshott. Indeed, if Oakeshott’s critique of rationalism is inserted into the background of his philosophy of experience as articulated in Experience and its Modes, we begin to see that Oakeshott’s concern in his critique of rationalism is to separate political activity from political theorization and ground ideology in tradition, so that with a bit of detachment from political experience, the philosopher of politics can assume philosophy’s oversight function in critically interrogating the assumption behind political activity and political theorization, with a view to underscoring the limits of ideological politics and the priority of tradition. Our contention is that this way of looking at Oakeshott’s critique of the sovereignty of reason allows for a better appreciation of the contemporary relevance of Oakeshott’s contributions to political discourse. (shrink)

Since cyberattacks are nonphysical, standard theories of casus belli — which typically rely on the violent and forceful nature of military means — appear inapplicable. Yet, some theorists have argued that cyberattacks nonetheless can constitute just causes for war — generating a unilateral right to defensive military action — when they cause significant physical damage through the disruption of the target's computer systems. I show that this view suffers from a serious drawback: it is too permissive concerning the types of (...) actions that generate casus belli since many essentially peaceful and non-violent mechanisms can nonetheless cause physical damage. I resolve this difficulty by developing a sovereignty-based account of casus belli and applying it to cyberwarfare. I argue that legitimate states have a constrained right to unilaterally respond with military force to unfriendly actions that bypass or overwhelm the political deliberations of the target state in order to force a change in behaviour contrary to the determinations of the people of the target state. This new account of casus belli avoids the problems of the consequence-based view by plausibly restricting the types of unfriendly action that give rise to casus belli and yet offers an attractive explanation for why some cyberattacks nonetheless do generate a potential right to a unilateral defensive response. (shrink)

A translation of Joseph De Maistre's critique of Rousseau providing a historical forum for understanding the intellectual qualities of the counter-revolution from 1792 to 1797. Obviously, De Maistre's arguments were not successful, but they are valuable in terms of exploring Rousseau's ideologies, in particular his belief in the natural goodness of man and popular sovereignty. Although the two men are usually seen as polar opposites, De Maistre's critique reveals ambiguities that make him seem surprisingly more similar than he would (...) have admitted. Lebrun (history, U. of Manitoba) provides a qualitative introduction. Canadian card order number C95-900-929-9. Annotation copyrighted by Book News, Inc., Portland, OR. (shrink)

Hans Kelsen's critique of John Austin has so far attracted little attention among legal theorists. This article argues that Kelsen's attack on Austin anticipated the key elements of Hart's rejection of the Austinian conception of law as sanction-backed sovereign command. At the same time, the way in which Kelsen presents his critique of Austin's conception of sovereignty reveals important differences in purpose and intention between Kelsen's Pure Theory of Law and Hart's legal theory. The Pure Theory of Law is (...) animated by an ideal of legality that is alien to purely descriptive jurisprudential approaches in the Hartian tradition.The article concludes that this difference between Kelsen and Hart merits further exploration and that it might help to show that the Pure Theory of Law is still relevant to contemporary legal theory. (shrink)

Although critical of what she calls the `antipolitical' forces of love and sovereignty, Arendt reluctantly embraces these aspects as the basis of politics itself. I explain this paradox by arguing that Arendt seeks to balance Greek and Roman notions of freedom with modern conceptions of the will. The solipsistic will poses a threat to politics. Yet the will is a fact of modern life and cannot be ignored. I argue that despite her embrace of classical understandings of freedom as (...) contingency, Arendt seeks to limit contingency and even freedom itself. She does this to accommodate the will which must have some sense of agency and continuity in order to be able to function at all. Arendt argues that sovereignty can, if properly constrained, produce a `certain limited reality' and can serve as a basis for politics. I claim that Arendt sacrifices her classical ideals, allowing for the possibility of a modern, lesser version of freedom. (shrink)