In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.

This essay assesses the opposition of pluralism and monism with respect to politics and architecture, developing the argument within three general areas: the spurious association between political intentions and architectural character, the distinctions and commonalties between political freedom and artistic freedom, and the adverse effect of inappropriate associations between political content and artistic form in general and, in particular, the perceptual impairment of the processes by which buildings come to be endowed with their suitable character.

This essay brings together political theories of empire and racial capitalism to clarify the entanglements between socialist and imperial discourse at the turn of the twentieth century. I show that white labor activists and intellectuals in the United States and the British settler colonies borrowed from imperial scripts to mark non-white workers as a threat. This discourse was thus both imperial and popular, because it absorbed the white working class into settler projects and enlisted its support in defense of (...) imperial logics of labor control. While white workers’ demands of enfranchisement were part of a transnational imagination that was both imperial and narrowly emancipatory, this discourse reemerged as one of popular sovereignty and found channels and paths to institutionalization through national states. These institutional formations arose out of the encounter between capitalists interested in facilitating mobility of racialized laboring subjects around the globe, elite projects invested in sheltering settler spaces, and white workers concerned with protecting their own labor from competition by excluding exploitable non-white workers. White labor’s embrace of racial prejudice and the exclusion of workers of color created segregated labor spaces that fit neatly with both capitalist goals of labor control and the protection of the settler status of emerging polities. Bringing to the forefront the imperial genealogy of popular sovereignty and immigration control disrupts liberal political theory frameworks that condemn restrictions as well as those that find migration restrictions permissible. The analysis also illuminates contemporary immigration politics. (shrink)

Decolonization revolutionized the international order during the twentieth century. Yet standard histories that present the end of colonialism as an inevitable transition from a world of empires to one of nations—a world in which self-determination was synonymous with nation-building—obscure just how radical this change was. Drawing on the political thought of anticolonial intellectuals and statesmen such as Nnamdi Azikiwe, W.E.B Du Bois, George Padmore, Kwame Nkrumah, Eric Williams, Michael Manley, and Julius Nyerere, this important new account of decolonization reveals the (...) full extent of their unprecedented ambition to remake not only nations but the world. Adom Getachew shows that African, African American, and Caribbean anticolonial nationalists were not solely or even primarily nation-builders. Responding to the experience of racialized sovereign inequality, dramatized by interwar Ethiopia and Liberia, Black Atlantic thinkers and politicians challenged international racial hierarchy and articulated alternative visions of worldmaking. Seeking to create an egalitarian postimperial world, they attempted to transcend legal, political, and economic hierarchies by securing a right to self-determination within the newly founded United Nations, constituting regional federations in Africa and the Caribbean, and creating the New International Economic Order. Using archival sources from Barbados, Trinidad, Ghana, Switzerland, and the United Kingdom, Worldmaking after Empire recasts the history of decolonization, reconsiders the failure of anticolonial nationalism, and offers a new perspective on debates about today’s international order. (shrink)

Decolonization revolutionized the international order during the twentieth century. Yet standard histories that present the end of colonialism as an inevitable transition from a world of empires to one of nations—a world in which self-determination was synonymous with nation-building—obscure just how radical this change was. Drawing on the political thought of anticolonial intellectuals and statesmen such as Nnamdi Azikiwe, W.E.B Du Bois, George Padmore, Kwame Nkrumah, Eric Williams, Michael Manley, and Julius Nyerere, this important new account of decolonization reveals the (...) full extent of their unprecedented ambition to remake not only nations but the world. Adom Getachew shows that African, African American, and Caribbean anticolonial nationalists were not solely or even primarily nation-builders. Responding to the experience of racialized sovereign inequality, dramatized by interwar Ethiopia and Liberia, Black Atlantic thinkers and politicians challenged international racial hierarchy and articulated alternative visions of worldmaking. Seeking to create an egalitarian postimperial world, they attempted to transcend legal, political, and economic hierarchies by securing a right to self-determination within the newly founded United Nations, constituting regional federations in Africa and the Caribbean, and creating the New International Economic Order. Using archival sources from Barbados, Trinidad, Ghana, Switzerland, and the United Kingdom, Worldmaking after Empire recasts the history of decolonization, reconsiders the failure of anticolonial nationalism, and offers a new perspective on debates about today’s international order. (shrink)

This ambitious book looks into the reasons for the exceptional durability of the Chinese empire, which lasted for more than two millennia (221 B.C.E. - 1911 C.E.). Yuri Pines identifies the roots of the empire's longevity in the activities of thinkers of the Warring States period (453-221 B.C.E.), who, in their search for solutions to an ongoing political crisis, developed ideals, values, and perceptions that would become essential for the future imperial polity. In marked distinction to similar empires (...) worldwide, the Chinese empire was envisioned and to a certain extent 'preplanned' long before it came into being. As a result, it was not only a military and administrative construct, but also an intellectual one. Pines makes the argument that it was precisely its ideological appeal that allowed the survival and regeneration of the empire after repeated periods of turmoil. "Envisioning Eternal Empire" presents a panoptic survey of philosophical and social conflicts in Warring States political culture. By examining the extant corpus of preimperial literature, including transmitted texts and manuscripts uncovered at archaeological sites, Pines locates the common ideas of competing thinkers that underlie their ideological controversies. This bold approach allows him to transcend the once fashionable perspective of competing 'schools of thought' and show that beneath the immense pluralism of Warring States thought one may identify common ideological choices that eventually shaped traditional Chinese political culture. The result is a refreshingly novel look at the foundational period in Chinese intellectual history. (shrink)

Jason Stanley’s How Propaganda Works roots the danger of undermining propaganda in an ideology based account of politics, treating individuals’ beliefs and social belief systems as the primary target and mechanism of undermining propaganda. In this paper I suggest a theoretical alternative to the role ideology plays in Stanley’s theory and theories like it, which I call practice first. A practice first account instead treats public behavior as the primary target of propaganda, and analyzes undermining propaganda as altering the incentive (...) structure that sets the terms for public behavior. (shrink)

In the late eighteenth century, an array of European political thinkers attacked the very foundations of imperialism, arguing passionately that empire-building was not only unworkable, costly, and dangerous, but manifestly unjust. Enlightenment against Empire is the first book devoted to the anti-imperialist political philosophies of an age often regarded as affirming imperial ambitions. Sankar Muthu argues that thinkers such as Denis Diderot, Immanuel Kant, and Johann Gottfried Herder developed an understanding of humans as inherently cultural agents and therefore (...) necessarily diverse. These thinkers rejected the conception of a culture-free "natural man." They held that moral judgments of superiority or inferiority could be made neither about entire peoples nor about many distinctive cultural institutions and practices.Muthu shows how such arguments enabled the era's anti-imperialists to defend the freedom of non-European peoples to order their own societies. In contrast to those who praise "the Enlightenment" as the triumph of a universal morality and critics who view it as an imperializing ideology that denigrated cultural pluralism, Muthu argues instead that eighteenth-century political thought included multiple Enlightenments. He reveals a distinctive and underappreciated strand of Enlightenment thinking that interweaves commitments to universal moral principles and incommensurable ways of life, and that links the concept of a shared human nature with the idea that humans are fundamentally diverse. Such an intellectual temperament, Muthu contends, can broaden our own perspectives about international justice and the relationship between human unity and diversity. (shrink)

A dramatic shift in British and French ideas about empire unfolded in the sixty years straddling the turn of the nineteenth century. As Jennifer Pitts shows in A Turn to Empire, Adam Smith, Edmund Burke, and Jeremy Bentham were among many at the start of this period to criticize European empires as unjust as well as politically and economically disastrous for the conquering nations. By the mid-nineteenth century, however, the most prominent British and French liberal thinkers, including John (...) Stuart Mill and Alexis de Tocqueville, vigorously supported the conquest of non-European peoples. Pitts explains that this reflected a rise in civilizational self-confidence, as theories of human progress became more triumphalist, less nuanced, and less tolerant of cultural difference. At the same time, imperial expansion abroad came to be seen as a political project that might assist the emergence of stable liberal democracies within Europe. Pitts shows that liberal thinkers usually celebrated for respecting not only human equality and liberty but also pluralism supported an inegalitarian and decidedly nonhumanitarian international politics. Yet such moments represent not a necessary feature of liberal thought but a striking departure from views shared by precisely those late-eighteenth-century thinkers whom Mill and Tocqueville saw as their forebears. Fluently written, A Turn to Empire offers a novel assessment of modern political thought and international justice, and an illuminating perspective on continuing debates over empire, intervention, and liberal political commitments. (shrink)

Shedding light on a fundamental tension in liberal theory, Liberalism and Empire reaches beyond post-colonial studies to revise our conception of the grand liberal tradition and the conception of experience with which it is associated.

Vladimir Putin’s legitimation of Russia’s brutal war of aggression against Ukraine raises questions about traditional understandings of nation and empire. Should we contrast the two in terms of values and practices? In this case, Putin uses both nationalist and Imperialist rhetoric to justify his actions. My essay questions how we understand nation and empire using the example of the Austro-Hungarian Empire. How did this empire develop laws, institutions and administrative practices to manage conflicts and claims around (...) language use and nationalism? How did Austria’s governments rule a multi-lingual, multi-confessional society effectively, without resorting to brutal policies of nationalization? When nationalist conflicts arose in different settings, how and why did they originate? I conclude that in European terms, Imperial Austria and even nationalist Hungary apparently managed daily-life issues around diverse language use and religious practice far more humanely and effectively than did the successor nation states after 1918. (shrink)

Mary Wollstonecraft's Vindication of the Rights of Woman, first published in 1792, has proved a problematic ‘classic text’ for feminism. This paper focuses on the liberal concept of self‐ownership to show how the Vindication both confronts and perpetuates the dilemmas of ‘liberal feminism’. Self‐ownership is not a term used by Wollstonecraft herself, but I make use of it in this paper because I believe it captures what she means by ‘independence’, arrived at by a combination of reflection, self‐government and labour. (...) It implies a natural right to resist oppression and arbitrary government and so reaches the heart of Wollstonecraft's argument against patriarchy as a particular form of arbitrary power. As Alan Ryan argues, ‘each of us is obliged to obey the government so long as it upholds our natural rights, but if it violates them, we are not obliged to obey’. As a liberal concept, self‐ownership is fraught with ambiguity for feminism. Donna Dickenson argues that it can be interpreted both as ‘masculinist through and through’ and as ‘the essence of feminism’. Its very ambiguity makes it an appropriate conceptual lens through which to view Wollstonecraft's own contradictory arguments. (shrink)

A new political practice, the ‘reason of state’, informed the ends and practices of natural study in the late sixteenth century. Informed by the study of the Roman historian Tacitus, political writers gathered ‘secrets of empire’ from both history and travel. Following the economic reorientation of ‘reason of state’ by Giovanni Botero (1544–1617), such secrets came to include bodies of useful particulars concerning nature and art collected by an expanding personnel of intelligencers. A comparison between various writers describing wide-scale (...) collections, such as Botero, Francis Bacon (1561–1626), Jakob Bornitz (1560–1625) and Matthias Bernegger (1582–1640), reveals that seventeenth-century natural intelligencers across Europe not only were analogous to political intelligencers, but also were sometimes one and the same. Those seeking political prudence cast themselves as miners, prying precious particulars from the recesses of history, experience and disparate disciplines, including mathematics, alchemy and natural philosophy. The seventeenth-century practice of combining searches for secrets of empire, nature and art contests a frequent historiographical divide between empirical science and Tacitism or reason of state. It also points to the ways political cunning shaped the management of information for both politics and the study of nature and art. (shrink)

Theorizing resistance -- Hellenistic rule in Judea : setting the stage for resistance -- Interaction and identity in Seleucid Judea : 188-173 BCE 78 -- Recreating the empire : the sixth Syrian war, Jason's revolt, and the reconquest of Jerusalem -- Seleucid state terror -- The edict of Antiochus : persecution and the unmaking of the Judean world -- Daniel -- Enochic authority -- The apocalypse of weeks : witness and transformation -- The book of dreams : see and (...) cry out. (shrink)

This book provides a clear and nuanced appraisal of Hegel's treatment of Africa, India, and Islam, and of the implications of this treatment for postcolonial and global studies. Analyzing Hegel's master-slave dialectic and his views on Africa, India, and Islam, it situates these views not only within Hegel's historical scheme but also within a broader European philosophical context and the debates they have provoked within Hegel scholarship. Each chapter explores various in depth readings of Hegel by postcolonial critics, investigating both (...) the Eurocentric and potentially global nature of his dialectic. Ultimately, the book shows both where of this profoundly influential thinker archetypally embodies certain Eurocentric traits that have characterized modernity and how, ironically, he himself gives us the tools for working towards a more global vision. Offering a concise introduction not only to an important dimension of Hegel's thought - his orientation towards "empire" - but also to the various issues raised by postcolonial theory and global studies, this book will be of use to philosophers as well as advanced students of literary and cultural theory alike. (shrink)

This fascinating book brings together philosophical and historical essays on the European experience of empire. Its main thesis is that at the heart of political experience stands a metaphysical one, with a rich trail of evidence in the historical record. The book sets out to explore this in the case of a succession of European empires between the fifteenth and twentieth centuries. Power changed everything. It took away the old conceptions of morality and exposed the nature of the world (...) in a way that forced these empires to make a choice on who they were and what they wanted. The study of this choice, translated into a million other choices and acts, forms the core of the text. It proceeds in two steps. The first examines the philosophical concepts of power; the second investigates the real experience of these concepts in the turbulent history of Europe from the Reformation to the Second World War and its aftermath. The result is a passionate and elegant work that offers a groundbreaking look into the psychology and psychosis of imperial power and achieves the rarest of feats: a philosophical work on politics that actually matters. (shrink)

In the academic debate on infrastructures in the Global South, there is a broad consensus that (post)colonial legacies present a major challenge for a transition towards more inclusive, sustainable and adapted modes of providing services. Yet, relatively little is known about the emergence and evolution of infrastructures in former colonies. Until a decade ago, most historical studies followed Daniel Headrick’s (1981) “tools of empire” thesis, painting—with broad brush strokes—a picture of infrastructures as instruments for advancing the colonial project of (...) exploitation and subordination of non-European peoples and environments. This paper explores new research perspectives beyond this straightforward, ‘diffusionist’ perspective on technology transfer. In order to do so, it presents and discusses more recent studies which focus on interactive transfer processes as well as mechanisms of appropriation, and which increasingly combine approaches from imperial history, environmental history, and history of technology. There is much to gain from unpacking the changing motives and ideologies behind technology transfer; tracing the often contested and negotiated flows of ideas, technologies and knowledge within multilayered global networks; investigating the manifold ways in which infrastructures reflected and (re)produced colonial spaces and identities; critically reflecting on the utility of large (socio)technical systems (LTS) for the Global South; and approaching infrastructures in the (post)colonial world through entangled histories of technology and the environment. Following David Arnold’s (2005) plea for a “more interactive, culturally-nuanced, multi-sited debate” on technology in the non-Western world, the paper offers fresh insights for a broader debate about how infrastructures work within specific parameters of time, place and culture. (shrink)

German law is commonly assumed to be strongly influenced by legal scholarship. This was certainly true in the past, and this article explores whether it is still the case today. But what is actually meant by ‘influence’ in the context of law? Who exerts it on whom, and how? These questions are analysed in the first part of the article. It is then shown, by drawing on biographical material, legislative history and case law, how legal scholarship contributes to both the (...) legislative and the judicial lawmaking process in Germany—and where it does not. Finally it is asked how the specific relationship between legal academics and lawmakers in the German legal system can be explained and whether this model can be transferred to other systems. (shrink)

The Black Lives Matter campaign has forced a reassessment of monuments that commemorate historical figures in public spaces. One of these, a statue of General Lord Roberts, stands in Glasgow, once the Second City of the Empire. A critical reading of this monument as a memorial text in a landscape of power contrasts the intended heroic depiction of Roberts with the excluded histories of those who were on the receiving end of his actions. I consider possible courses of action (...) in determining what should be done with this memorial, recommending against its removal. Keeping the monument in its privileged public space without further action will not do. Arguing that the Roberts memorial is educationally valuable, despite and because of its celebration of Roberts as a hero of Empire, I defend its potential role in postcolonial and postimperial education. (shrink)

Erudite and timely, this book is a key contribution to the renewal of radical theory and politics.

L’étude de l’empire a connu récemment un regain d’intérêt, même si (et peut-être parce que) sa définition pose problème. Elle permet en effet d’étudier plusieurs aspects du pouvoir symbolique : les formes d’administration, les modes d’appropriation d’un territoire, les intensités de la souveraineté, les marquages spatiaux de la domination, etc. L’empire de Charles Quint représente de ce point de vue un modèle heuristique, dans la mesure où l’empereur s’est rapidement trouvé confronté au gouvernement de territoires éloignés, de statuts (...) différents, mais rassemblés dans l’aspiration universelle de l’empire chrétien. (shrink)

Empire was never an important concept in Ottoman politics. This did not stop Ottoman rulers from laying claim to three titles that may be called imperial : halife, hakan , and kayser . Each of these pertains to different translationes imperii , or claims of descent from different empires: the Caliphate, the steppe empires of the Huns, Turks, and Mongols, and the Roman Empire. Each of the three titles was geared toward a specific audience: Muslims, Turkic nomads, and (...) Greek-Orthodox Christians, respectively. In the nineteenth century a new audience emerged as an important source of political legitimacy: European-emergent international society. With it a new political vocabulary was introduced into the Ottoman language. Among those concepts was that of empire , which found its place in Ottoman discourse by connecting it with the existing imperial claims. (shrink)

With regard to the importance of interrelations and interplays of topos and logos in ancient theory and practices, here I will appropriate Aristotle philosophizing of topos and logos and apply it for the ancient persian Empire as reflected in related inscriptions.

James Tully's Strange Multiplicity uses the example of indigenous minorities in the white settler colonies of North America to develop a remarkably powerful critique of liberal constitutionalism's rule of uniformity. In proclaiming the identity of all persons before the law, he insists, liberal constitutional arrangements commonly discriminate against indigenous and other minorities. While the force of this critique is undeniable, it nevertheless takes at face value one of the central claims of liberal consitutionalism, namely, its claim to be based on (...) the rule of uniformity. Examination of liberal reflections on the government of subject peoples, most of whom were regarded as being, in Mill's words, “not sufficiently advanced for representative government“, suggests a rather different picture. In place of the rule of uniformity we find a variety of alternatives but, most commonly, an insistence, first, that the government of such peoples should focus on their welfare and eventual improvement rather than on their liberty and, second, that they should be governed as far as possible through their own institutions and structures of authority. The result was a highly differentiated form of rule in which what were believed to be indigenous arrangements were adapted to the joint requirements of improvement and administrative convenience. Thus, what seems to be a powerful commitment to individual liberty on the part of liberal political reason should be seen as simply one element in a broader liberal perspective on the government of populations. At least as important in this perspective as the rule of uniformity is the presumption that some cultures are more advanced than others and a corresponding view of many cultural differences in historical and developmental terms. (shrink)

This article explores a specific case of premodern social thought, the Middle Persian Zoroastrian system of estates, MP pēšagān, sg. pēšag, which originated in Sasanian Iran, and its link to the social position of priests in the empire. It is argued that Zoroastrian religious experts tried to impose a totalizing system of social organization and heuristic possibility in a situation characterized by competition for resources in a tributary society. Against a widely held belief, it will be shown that this (...) system was only loosely based on an Avestan predecessor—an observation that should caution against broader attempts to project Middle Persian concepts onto the Avesta and vice versa. The findings also contribute to our understanding of the relationship between the Sasanians and the Zoroastrian tradition. (shrink)

Reading fiction from high and low culture together, Fiction, Crime, and Empire skillfully sheds light on how crime fiction responded to the British and American experiences of empire, and how forms such as the detective novel, spy thrillers, and conspiracy fiction articulate powerful cultural responses to imperialism. Poe's Dupin stories, for example, are seen as embodying a highly critical vision of the social forces that were then transforming the United States into a modern, democratic industrialized nation; a century (...) later, Le Carré employs the conventions of espionage fiction to critique the exhausted and morally compromised values of British imperialism. By exploring these works through the organizing figure of crime during and after the age of high imperialism, Thompson challenges and modifies commonplace definitions of modernism, postmodernism, and popular or mass culture. (shrink)