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  1.  14
    Alchemising peoplehood: Rousseau’s lawgiver as a model of constituent power.Eoin Daly - 2021 - History of European Ideas 47 (8):1278-1291.
    ABSTRACT Because Rousseau identifies popular sovereignty with the enactment of fundamental laws, he seems to conflate popular sovereignty with constituent power: the people are sovereign because they constitute the state, without actually ruling it. However, he assigns the lawgiver, or (‘legislator’) an antecedent task that has a more obviously ‘constituent’ character – the task of constituting the people itself, as a political subject and political unity. Thus Rousseau’s lawgiver offers a template for understanding the relationship between popular sovereignty and constituent (...)
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  2.  31
    Legislative form as a justification for legislative supremacy.Eoin Daly - 2017 - Jurisprudence 8 (3):501-531.
    Defenders of legislative supremacy against judicial review have primarily invoked various virtues of legislative process – in particular, its deliberative qualities, the diverse perspectives and inputs it allows, and especially, its connection to a principle of democratic equality. However, I argue that such virtues have been overemphasised as justifications for legislative supremacy. Instead, I argue that insufficient attention has been paid to the form of legislation as a justification for giving legislatures the ‘final say’ on issues of fundamental rights. Firstly, (...)
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  3.  10
    Austerity and Stability in Rousseau's Constitutionalism.Eoin Daly - 2013 - Jurisprudence 4 (2):173-203.
    For Rousseau, the primary function of the republican constitution is not to contain state power, but rather to cultivate certain personal dispositions and social forms through which the stability of a political order based on the general will can be realised. Thus, his constitutional projects for Corsica and Poland formulate peculiar constitutional devices aimed at fostering a distinctive vision of austerity as the social horizon of republican politics. I outline how Rousseau's political thought translates to a peculiar conception of constitutionalism (...)
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  4.  16
    Republican deliberation and symbolic violence in Rousseau and Bourdieu.Eoin Daly - 2015 - Philosophy and Social Criticism 41 (6):609-633.
    Deliberation is widely viewed as being intrinsic to republican citizenship. Neo-Roman republicans such as Philip Pettit value deliberation primarily for its role in rendering coercive political authority non-arbitrary and thus non-dominating. Accordingly, a deliberative public sphere is seen as necessary to foil domination in politics. In this article, I consider a countervailing view shared by two otherwise very different theorists – Pierre Bourdieu and Jean-Jacques Rousseau. In Bourdieu’s account of social practice, deliberation can harbour subtle forms of symbolic violence in (...)
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  5.  26
    Boredom at the end of history: ‘empty temporalities’ in Rousseau’s Corsica and Fukuyama’s liberal democracy.Eoin Daly - 2024 - Philosophy and Social Criticism 50 (3):473-490.
    In this paper, I consider what it might mean to approach boredom as a problem of post-history, rather than of modernity as such. Post-history, or ‘end of history’, in this sense, is linked with the impossibility or unlikelihood of political-systemic change, and thus with the disappearance of the contingency or temporal flux that had been understood as the context or prerequisite of political action and political freedom. I will, argue, firstly, that both Rousseau and Fukuyama depict societies that are ‘post-historical’, (...)
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  6.  22
    Boredom at the end of history: ‘empty temporalities’ in Rousseau’s Corsica and Fukuyama’s liberal democracy.Eoin Daly - 2024 - Philosophy and Social Criticism 50 (3):473-490.
    In this paper, I consider what it might mean to approach boredom as a problem of post-history, rather than of modernity as such. Post-history, or ‘end of history’, in this sense, is linked with the impossibility or unlikelihood of political-systemic change, and thus with the disappearance of the contingency or temporal flux that had been understood as the context or prerequisite of political action and political freedom. I will, argue, firstly, that both Rousseau and Fukuyama depict societies that are ‘post-historical’, (...)
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  7. Freedom as Non-Domination in the Jurisprudence of Constitutional Rights.Eoin Daly - 2015 - Canadian Journal of Law and Jurisprudence 28 (2):289-316.
    In recent decades, neo-republican philosophers have developed a theory of freedom as non-domination, which, they claim, is conceptually and analytically distinct from the “liberal” concept of freedom as non-interference. However, neo-republicans have intervened in constitutional debate almost exclusively in relation to structural issues of institutional competence, and have made little impact on the analytical jurisprudence of constitutional rights. While judicial review seems ill equipped to respond to the distributive dimensions of republican freedom, republicans like Richard Bellamy have argued that the (...)
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  8.  80
    Laïcité, gender equality and the politics of non-domination.Eoin Daly - 2012 - European Journal of Political Theory 11 (3):292-323.
    The relationship between constitutional secularism and gender equality acquires peculiar dimensions in the context of the laïcité project in republican France – particularly, in the contemporary conflict between a laïcité interpreted as a politics of emancipatory social transformation, and the more minimalist liberal conception prevailing in French law. The dominant narrative in the republican establishment, shared between left and right, has been that laïcité will lead to gender emancipation not only by dissolving any sectarian dimensions of women’s citizenship – that (...)
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  9.  58
    Non-Domination as a Primary Good: Re-Thinking the Frontiers of the 'Political' in Rawls's Political Liberalism.Eoin Daly - 2011 - Jurisprudence 2 (1):37-72.
    The republican project of freedom as non-domination commits the State to endowing citizens with the resources and attitudes necessary to both apprehend domination and abstain from dominating others. This, some have argued, renders it incompatible with political liberalism, which eschews the promotion of personal liberal virtues, being derived independently of any 'comprehensive doctrine'. Republican freedom is therefore depicted as penetrating deeper, in its application, into intimate and 'private' spheres. I argue, through a Rousseauist interpretation of Rawls's social contract, that its (...)
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  10.  14
    Ostentation and republican civility: Notes from the French face-veiling debates.Eoin Daly - 2015 - European Journal of Political Theory 14 (3):297-319.
    France’s prohibition on public face-veiling was rationalised partly with reference to ‘fraternity’ – the third prong of the republican motto – as well as liberty and equality. Correspondingly, the voile intégral was widely described as transgressing republican standards of civility. Yet counterintuitively, republican civility was not understood, at least primarily, in terms of sociability or expressivity – but rather as requiring discretion, modesty and self-restraint. Therefore, the ‘full veil’ was not portrayed as an austere interpretation of religious modesty, but as (...)
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  11.  13
    Providence and contingency in Corsica: Rousseau on freedom without politics.Eoin Daly - 2019 - European Journal of Political Theory 20 (4):739-760.
    Rousseau’s embrace of popular sovereignty – a sovereignty that is unmediated and unrepresented – is often understood as entailing a kind of democratic absolutism. However, Richard Tuck has argued t...
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  12.  19
    Principle, Discretion, and Symbolic Power in Rousseau's Account of Judicial Virtue.Eoin Daly - 2016 - Ratio Juris 29 (2):223-245.
    Rousseau's understanding of legislation as the expression of the general will implies a constitutional principle of legislative supremacy. In turn, this should translate to a narrow, mechanical account of adjudication, lest creative judicial interpretation subvert the primacy of legislative power. Yet in his constitutional writings, Rousseau recommends open-textured and vague legislative codes, which he openly admits will require judicial development. Thus he apparently trusts a great deal in judicial discretion. Ostensibly, then, he overlooks the problem of how legislative indeterminacy—and correspondingly, (...)
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  13.  4
    Rousseau's constitutionalism: austerity and republican freedom.Eoin Daly - 2017 - Portland, Oregon: Hart Publishing.
    Introduction : Rousseau's austerity and Rousseau's Constitutions -- The constitution of freedom -- The constitution of Autarky -- The constitution of symbol and ritual -- The constitution of deliberation -- The constitution of judgment .
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  14.  27
    Transparency as a justification for legislative supremacy.Eoin Daly - 2020 - Critical Review of International Social and Political Philosophy 23 (7):807-830.
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  15.  13
    Transparency as a justification for legislative supremacy.Eoin Daly - 2020 - Critical Review of International Social and Political Philosophy 23 (7):807-830.
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  16.  43
    The Ambiguous Reach of Constitutional Secularism in Republican France: Revisiting the Idea of Laicite and Political Liberalism as Alternatives.Eoin Daly - 2012 - Oxford Journal of Legal Studies 32 (3):583-608.