Pedagogy of power, oppression and empowerment: a Western theoretical underpinnings -- A Chinese confucian articulation of power, oppression and empowerment -- A Chinese legalistic articulation of power, oppression and empowerment -- A Chinese taoistic articulation of power, oppression and empowerment -- A Chinese maohistic articulation of power, oppression and empowerment -- Conclusion: a dynamic and holistic Chinese cultural articulation of power, oppression and empowerment.

?Information? has been postulated by the Daoist theory of Qi-energy fields system to be encoded and inherent in the Qi-energy complex (Qi) since the beginning of time. This became the origin of intelligence when it was passed onto humankind. This abstract entity is extended as a concept of ?quantum information/intelligence? (QI) when correlated with quantum physics. Human psychic power, spread over interconnected biological to cosmic spatial fields, would constitute a new Fifth Dimension, woven into the fabric of space and time. (...) This would create a psycho-bionomic model of the universe. (shrink)

This article presents findings from research on young adults in the UK from diverse religious backgrounds. Utilizing questionnaires, interviews and video diaries, it assesses how religious young adults understood and managed the tensions in popular discourse between gender equality as an enshrined value and aspirational narrative, and religion as purportedly instituting gender inequality. The article shows that, despite varied understandings, and the ambivalence and tension in managing ideal and practice, participants of different religious traditions and genders were committed to gender (...) equality. Thus, they viewed gender-unequal practices within their religious cultures as an aberration from the essence of religion. In this way, they firmly rejected the dominant discourse that religion is inherently antithetical to gender equality. (shrink)

This book is a collection of articles on different aspects of university education in China since the late nineteenth century, addressing how far the ideal of modern university education, which has gradually been developed in the West since the age of European Enlightenment, was adopted or transformed by Chinese universities.

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 45, no. 1. © 2019 by Feminist Studies, Inc. 13 Stephanie Yingyi Wang When Tongzhi Marry: Experiments of Cooperative Marriage between Lalas and Gay Men in Urban China Ang Lee’s film The Wedding Banquet could be classic introductory material for tongzhi studies and, particularly, for research on cooperative marriage.1 In the film, Wai-Tung, a Taiwanese landlord who lives happily with his American boyfriend Simon in New York, (...) is troubled by his parents’ constant efforts to try and find him a bride. His partner Simon suggests he could arrange a marriage of convenience with WaiTung ’s tenant Wei Wei who is from mainland China and is also in need of a green card to stay in the United States. However, their plan backfires when Wai-Tung’s enthusiastic parents arrive in the United States and plan a big wedding banquet. As the film critic and scholar Chris 1. Tongzhi, literally “same purpose,” is the Chinese term for “comrade.” Since the 1990s, it has been appropriated to replace the more formal tóngxìnglìan (same-sex love) to refer to gay men and lalas (same-sex desiring women) in the Chinese-speaking world. The translation of xinghun as “cooperative marriage” is debatable, as xinghun literally means “pro-forma marriage.” In other works, “contract marriage,” “fake marriage,” or “pro-forma marriage” are used to refer to gay-lala marriage. Informed by Lucetta Kam’s work, I use “cooperative marriage ” to highlight that such marriage is not merely functional without sustenance, but is contingent on the cooperation and negotiation between multiple parties in the relationship, as my findings suggest. See Lucetta Yip Lo Kam, Shanghai Lalas: Female Tongzhi Communities and Politics in Urban China (Hong Kong: Hong Kong University Press, 2013), 85. winner of the 2018 Feminist Studies Graduate Student award 14 Stephanie Yingyi Wang Berry points out, analysis of the film rests not on any individual, but on the Confucian family as “it negotiates the interface with globally hegemonic American culture,” suggesting that there exists an understanding of gayness in the context of the family that is distinct in Chinese culture.2 Berry continues to argue that the moral ambivalence produced by the film is structured by different sets of values: the gay person is not merely concerned about individual identity fulfillment, but he also adjusts his actions to satisfy the family expectation; the parents, especially the father figure, is not merely a patriarch with strict moral provisions and standards, but someone who can allow for implicit negotiation to keep the surface harmony as long as he gets a grandson; the woman is not merely an independent agent freed from social constraints, but a bride who is also attached to emotional comfort and conjugal ideals. Just as The Wedding Banquet tactfully reveals one type of cooperative marriage with its mutual benefits and examines the multilayered complexity of each individual player in the marriage game, this research takes as its subject cooperative marriage between gay men and lalas as an exciting departure to understand queer subjectivities and queer kinship intersected with gender, sexuality, class, and tongzhi politics in urban China.3 Though seemingly monolithic, marriage and family have become contested terrains for tongzhi to negotiate their gender performance, queer desires, and aspirations for better lives. The transnational makings of gayness and rights-based identity politics have contributed to the increasing awareness of a cosmopolitan gay identity and the desiring of alternative life choices of Chinese tongzhi, which lays the very foundation of their motivation to seek ways to cope with the heteronormative family model. Coming out and gay marriage are upheld as primary tropes of identity politics, facilitated by the self-identified tongzhi grassroots groups that emerged during the initiation of AIDS work in 1994 for gay men and at the 1995 Fourth World Conference on Women, which gathered hundreds of lesbians from around the world in Beijing.4 How2. Chris Berry, “Wedding Banquet: A Family (Melodrama) Affair,” in his Chinese Films in Focus: 25 New Takes (London: British Film Institute, 2003), 183. 3. Lala is a slang term in China for same-sex desiring women and includes lesbian, bisexual, and trans women. 4. Katie King, “‘There Are No... (shrink)

The prominent philosopher Feng Youlan in the late 1950s devised an 'abstract inheritance method' with which he sought to salvage traditional thought. The debates over this method and what it entailed lasted until the Cultural Revolution. This book is an examination of those debates, and therepercussions arising from them in the discussions on classical Chinese philosophy.

According to the perceptual theory of emotions, emotions are perceptions of evaluative properties. The account has recently faced a barrage of criticism recently by critics who point out varies disanalogies between emotion and paradigmatic perceptual experiences. What many theorists fail to note however, is that many of the disanalogies that have been raised to exclude emotions from being perceptual states that represent evaluative properties have also been used to exclude high-level properties from appearing in the content of perception. This suggests (...) that emotions are perceptions of high level properties and perceptual theorists can marshal the arguments used by proponents of high-level perception to defend the perceptual theory. This paper therefore defends an account of emotion as high-level perception. (shrink)

We commonly appeal to emotions to explain human behaviour: we seek comfort out of grief, we threaten someone in anger and we hide in fear. According to the standard Humean analysis, intentional action is always explained with reference to a belief-desire pair. According to recent consensus, however, emotions have independent motivating force apart from beliefs and desires, and supplant them when explaining emotional action. In this paper I provide a systematic framework for thinking about the motivational structure of emotion and (...) show how it is consistent with the Humean analysis. On this picture, emotions are not reducible to beliefs and desires, instead their primary motivational force comes from their role as modulators of desires—they control the strength of our occurrent desires. Emotions therefore motivate actions through the belief-desire system instead of overriding it. (shrink)

Recent challenges to Chomsky's poverty of the stimulus thesis for language acquisition suggest that children's primary data may carry “indirect evidence” about linguistic constructions despite containing no instances of them. Indirect evidence is claimed to suffice for grammar acquisition, without need for innate knowledge. This article reports experiments based on those of Reali and Christiansen (2005), who demonstrated that a simple bigram language model can induce the correct form of auxiliary inversion in certain complex questions. This article investigates the nature (...) of the indirect evidence that supports this learning, and assesses how reliably it is available. Results confirm the original finding for one specific sentence type but show that the model's success is highly circumscribed. It performs poorly on inversion in related constructions in English and Dutch. Because other, more powerful statistical models have so far been shown to succeed only on the same limited subset of cases as the bigram model, it remains to be seen whether stimulus richness can be substantiated more generally. (shrink)

Influential or frequently cited business ethics research does not appear in a vacuum; our study reveals its predominant sources and contributors by discipline. By examining citations from articles published in three top business ethics journals (Journal of Business Ethics, Business Ethics Quarterly and Business Ethics: A European Review) over the period 2004–2008, we document that the preponderance of influential business ethics research comes primarily from the management faculty. In addition, management journals and management books are the predominant sources for influential (...) business ethics research. Further, among the management fields, organizational behavior and organizational structure predominate leadership and strategy as the major subject areas for influential business ethics research, suggesting that this influential body of research is focused on a micro rather than on a macro context. These empirical results lend credence to the perception that there is a silo effect in influential business ethics research and suggest that business ethics research in a micro context might have permeated to the teaching of business ethics. (shrink)

Influential or frequently cited business ethics research does not appear in a vacuum; our study reveals its predominant sources and contributors by discipline. By examining citations from articles published in three top business ethics journals (Journal of Business Ethics, Business Ethics Quarterly and Business Ethics: A European Review) over the period 2004–2008, we document that the preponderance of influential business ethics research comes primarily from the management faculty. In addition, management journals and management books are the predominant sources for influential (...) business ethics research. Further, among the management fields, organizational behavior and organizational structure predominate leadership and strategy as the major subject areas for influential business ethics research, suggesting that this influential body of research is focused on a micro rather than on a macro context. These empirical results lend credence to the perception that there is a silo effect in influential business ethics research and suggest that business ethics research in a micro context might have permeated to the teaching of business ethics. (shrink)

This study aims to explore if local responsiveness pressure and subsidiary resources influence green management adoption of overseas subsidiaries, and to investigate the relationships between the level of green management adoption and performance. The 101 effective samples were collected from 583 Taiwanese firms, which are listed in the top 1000 manufactory firms and have invested in China. Though structural equation model analysis' empirical results indicate that local responsiveness pressure and subsidiary resources both have positive effects on the level of green (...) management adoption of the subsidiary. This study also suggests that the level of green management adoption is positively related to the subsidiary's performance. (shrink)

BackgroundIn its 2015 decision in Montgomery v. Lanarkshire Health Board, the Supreme Court of the United Kingdom overruled the long-standing, paternalistic prudent doctor standard of care in favour of a new reasonable patient standard which obligates doctors to make their patients aware of all material risks of the recommended treatment and of any reasonable alternative treatment. This landmark judgment has been of interest to the rest of the common law world. A judicial trend of invoking Montgomery to impose more stringent (...) requirements on doctors is discernible in subsequent decisions since then.Main bodyIn this narrative review, without questioning the idea that properly informed patients should play a more active role in procedures affecting their own health in furtherance of their autonomy, safety, and consumer rights, we identify and analyse, with the aid of realistic clinical thought experiments, three practical conundrums that the Montgomery standard may inflict on the daily work of doctors, unfairly exposing them to arbitrary legal risks.ConclusionsThese conundrums pertain to the ascertainment of the risks that must be disclosed to the patient under the test of ‘materiality’; the legal uncertainty as to the scope of the exceptions; and the actual ability of doctors to cope with the pressures of time. These conundrums offer ripe opportunities to rethink the proper role of judicially developed medical law in modern health care practice. (shrink)

This essay explores Confucian views on war as seen in the Spring and Autumn Annals . The interpretation is based mainly on the Gongyang Zhuan , supplemented by other authoritative sources in the Gongyang tradition, such as D ong Zhongshu (179-104 BCE) and H e Xiu (129-182). The Spring and Autumn Annals contains three components: facts, words, and principles. This essay explicates the principles for going to war and the principles for conducting a war. The Confucian perspective sheds light on (...) war against enemies of civilization, conditions for waging a preemptive war, punitive expedition, as well as the use of weapons of mass destruction. The Confucian views as presented here are realistic and pragmatic in nature but are also compatible with the humanistic concern of Confucianism. This essay ends with a summary of the salient and sophisticated features of the Confucian views on war. (shrink)

Why would God make us ask for some good He might supply, and why would it be right for God to withhold that good unless and until we asked for it? We explain why present defences of petitionary prayer are insufficient, but argue that a world in which God makes us ask for some goods and then supplies them in response to our petitions adds value to the world that would not be available in worlds in which God simply supplied (...) such goods without our asking for them. This added value, we argue, is what we call ‘partnership with God’. (shrink)

Shun argues that the distinction made between emotions experienced from the first-person perspective and those from the third-person perspective does not capture our everyday emotional experience. My proposal is that even if we accept this claim, first- and third-person perspective taking is still crucial in the development of our emotional psychology. This is so in two respects. First, the features of intimacy and impartiality that mark adult emotional response are a product of a developmental process that involves perspective taking. Second, (...) perspective taking is a crucial part of refining and developing virtuous emotional responses. (shrink)

With the increasing degrees A.I.s and machines are applied across different social contexts, the need for implementing ethics in A.I.s is pressing. In this paper, we argue for a pluralist hybrid model for the implementation of moral A.I.s. We first survey current approaches to moral A.I.s and their inherent limitations. Then we propose the pluralist hybrid approach and show how these limitations of moral A.I.s can be partly alleviated by the pluralist hybrid approach. The core ethical decision-making capacity of an (...) A.I. based on the pluralist hybrid approach consists of two systems. The first is a deterministic algorithm system that incorporates different moral rules for making explicit moral decisions. The second is a machine learning system that calculates the value of the variables required by the application of moral principles. The pluralist hybrid system is better than the existing proposals as (i) it better addresses the moral disagreement problem of the top-down approach by including different moral principles, while (ii) it reduces the opacity of ethical decision-making compared with a bottom-up system by implementing explicit moral principles for moral decision making. (shrink)

Low-wage migrant workers in Singapore are legally entitled to healthcare provided by their employers and supported by private insurance, separate from the national UHC (universal health coverage) system. In practice, they face multiple barriers to access. In this article, we describe this policy-practice gap from the perspective of HealthServe, a non-profit organisation that assists low-wage migrant workers. We outline the healthcare financing system for migrant workers, describe commonly encountered barriers, and comment on their implications for the global UHC movement’s key (...) ethical concepts of fairness, equity, and solidarity. (shrink)

This paper argues against the continued practice of Confucian familism, even in its moderate form, in East Asian hospitals. According to moderate familism, a physician acting in concert with the patient's family may withhold diagnostic information from the patient, and may give it to the patient's family members without her prior approval. There are two main approaches to defend moderate familism: one argues that it can uphold patient's autonomy and protect her best interests; the other appeals to cultural relativism by (...) construing the principle of ‘family autonomy’ to be incommensurable with that of individual autonomy. We respond to the first approach by explaining how the familist arguments either depend on some unreasonable assumptions or simply fail to articulate. The critique of the second approach is based on our recent survey showing that there is no dichotomy of relevant values between the East and the West: we believe that the result can effectively block the familist's reliance on certain traditional or cultural values to explain their resistance to the incorporation of pluralist values. Despite our disagreement with familism, we consider the Eastern emphasis on the family to be conducive to the communication between patient, family members and medical personnel, which is indispensible to the patient's well being and autonomy. We conclude that respect for patient autonomy is perfectly consistent with the involvement of the family in making medical decision as long as the family plays a merely consultant role. (shrink)

This paper argues against the continued practice of Confucian familism, even in its moderate form, in East Asian hospitals. According to moderate familism, a physician acting in concert with the patient's family may withhold diagnostic information from the patient, and may give it to the patient's family members without her prior approval. There are two main approaches to defend moderate familism: one argues that it can uphold patient's autonomy and protect her best interests; the other appeals to cultural relativism by (...) construing the principle of ‘family autonomy’ to be incommensurable with that of individual autonomy. We respond to the first approach by explaining how the familist arguments either depend on some unreasonable assumptions or simply fail to articulate. The critique of the second approach is based on our recent survey showing that there is no dichotomy of relevant values between the East and the West: we believe that the result can effectively block the familist's reliance on certain traditional or cultural values to explain their resistance to the incorporation of pluralist values. Despite our disagreement with familism, we consider the Eastern emphasis on the family to be conducive to the communication between patient, family members and medical personnel, which is indispensible to the patient's well being and autonomy. We conclude that respect for patient autonomy is perfectly consistent with the involvement of the family in making medical decision as long as the family plays a merely consultant role. (shrink)

A consideration of Confucian ethics as a living ethical tradition with contemporary relevance.

This study provides a global perspective on citations of articles published in ten business ethics journals between 1999 and 2012 and establishes three findings. First, the results indicate that Journal of Business Ethics and Business and Society are the two top business ethics journals based on the distribution of normalized citations received. Second, although North America, particularly the US, remains the top producer of business ethics research, it has been surpassed by Europe in terms of weighted normalized research citations received (...) in 2012, implying a potential diminishing global role of US influence in business ethics research over time. Third, the top-ranked US institutions have reduced their business ethics research impact in recent years, while the European institutions have sharply increased theirs. (shrink)

Fodor’s Informational Semantics states that the content of a representation depends on the counterfactual relation between the representation and the represented. However, his theory suffers from the psychological explanation problem and the indeterminacy problem raised by twin cases. In response to these problems, Fodor has introduced narrow content and a mixed theory of content that combines a historical account with the counterfactual account. In The Elm and the Expert, he drops both of them for the reason that twin cases are (...) nomologically impossible. I argue that Fodor underestimates the persistence of the problems raised by twin cases. Consequently, I contend that Fodor has to keep both the narrow content and the historical account. (shrink)

Fodor’s Informational Semantics states that the content of a representation depends on the counterfactual relation between the representation and the represented. However, his theory suffers from the psychological explanation problem and the indeterminacy problem raised by twin cases. In response to these problems, Fodor has introduced narrow content and a mixed theory of content that combines a historical account with the counterfactual account. In The Elm and the Expert, he drops both of them for the reason that twin cases are (...) nomologically impossible. I argue that Fodor underestimates the persistence of the problems raised by twin cases. Consequently, I contend that Fodor has to keep both the narrow content and the historical account. (shrink)

Fodor’s Informational Semantics states that the content of a representation depends on the counterfactual relation between the representation and the represented. However, his theory suffers from the psychological explanation problem and the indeterminacy problem raised by twin cases. In response to these problems, Fodor has introduced narrow content and a mixed theory of content that combines a historical account with the counterfactual account. In The Elm and the Expert, he drops both of them for the reason that twin cases are (...) nomologically impossible. I argue that Fodor underestimates the persistence of the problems raised by twin cases. Consequently, I contend that Fodor has to keep both the narrow content and the historical account. (shrink)

Determining the compositional properties of surfaces in the environment is an important visual capacity. One such property is specular reflectance, which encompasses the range from matte to shiny surfaces. Visual estimation of specular reflectance can be informed by characteristic motion profiles; a surface with a specular reflectance that is difficult to determine while static can be confidently disambiguated when set in motion. Here, we used fMRI to trace the sensitivity of human visual cortex to such motion cues, both with and (...) without photometric cues to specular reflectance. Participants viewed rotating blob-like objects that were rendered as images (photometric) or dots (kinematic) with either matte-consistent or shiny-consistent specular reflectance profiles. We were unable to identify any areas in low and mid-level human visual cortex that responded preferentially to surface specular reflectance from motion. However, univariate and multivariate analyses identified several visual areas; V1, V2, V3, V3A/B, and hMT+, capable of differentiating shiny from matte surface flows. These results indicate that the machinery for extracting kinematic cues is present in human visual cortex, but the areas involved in integrating such information with the photometric cues necessary for surface specular reflectance remain unclear. (shrink)

This essay takes the performance artworks of Tehching Hsieh as instructive allegories for a global ethics as theorized by a variety of left academics who ground universalism in a singularity that escapes the predicates of identity. Hsieh's projects, I argue, also place universal estrangement in the service of liberation for particular marginalized groups whose lives confound our fantasies of recognition. At the same time, they illustrate some of the challenges facing attempts to treat particular struggles as embodiments of universal conflicts.

Contextualists and Subject Sensitive Invariantists often cite the knowledge norm of assertion as part of their argument. They claim that the knowledge norms in conjunction with our intuitions about when a subject is properly asserting in low or high stakes contexts provides strong evidence that what counts as knowledge depends on practical factors. In this paper, I present new data to suggest they are mistaken in the way they think about cases involving high and low stakes and I show how (...) insensitive invariantists can explain the data. I exploit recent work done on the distinction between flouting a norm and being blamed for that violation to formulate a rigorous theory of rational expected blameworthiness that allows insensitive invariantists to explain the data cited. (shrink)

My dissertation concerns the question of how our desires and beliefs explain our bodily movements. This study aims to show that the solutions given to this question by both token physicalists, including Donald Davidson, Jerry Fodor, and Fred Dretske, and a proponent of a commonsense approach, Lynne Rudder Baker, are unsatisfactory. Finally, I discuss Daniel Dennett and argue that his theory is the only choice we have. ;All of the five philosophers claim that reasons cause actions. Davidson's theory fails to (...) answer the question at issue because, on his account, the intentional properties of reasons are causally inefficacious in producing bodily behavior. Although Dretske's and Fodor's theories do not have this problem, their accounts receive the challenge from externalists, who argue that our intentional properties are determined not only by intrinsic physicial properties, but also by our relation to the environment. Since our intrinsic physical properties determines our bodily behavior, intentional properties seem irrelevant to the production of bodily movements. In response to externalism, both Dretske and Fodor attempt to provide an account of intentionality. However, I argue that their accounts are unsatisfactory. A fortiori, they fail to show content has any explanatory role. ;Then I switch to Baker's commonsense approach. She rejects the Standard View of the physicalists, i.e., that to have a propositional attitude is to have a brain state that has propositional content, and endorses her 'Practical Realism.' I, however, contend that her rejection of the Standard View is not successful and that Practical Realism, being compatible with the Standard View, fails to provide any new insight into intentional explanation. So the question at issue is still unanswered. ;At the end, I discuss Dennett's theory, which also rejects the Standard View. According to Dennett, there is no ontological difference between our beliefs and the beliefs of a machine, a nation, and evolution, provided that their behavior can be interpreted from the intentional stance. Therefore, instead of providing an account of the intentional , Dennett attempts to dissolve our urge for such an account by "demystifying" our intentionality. (shrink)

The corpse of a high-ranking male official was unearthed in the 1975, and important archaeologic discoveries were claimed. The exact year of his funeral was 167 BC. Autopsy revealed that the man had peptic ulcer disease. His naked body exposing genitalia and post-dissection stitches, with the dissected-out intestines and brain lying alongside, is now exhibited in a formalin-impregnated viewing glass tank in a museum .Meanwhile a 2000-year-old clothed female corpse is on display in another museum. In 1971, workers in ….

The expression of products encoded by the major histocompatibility complex (MHC) on tumor cells has recently been studied extensively. It has been found that many malignant tumor cells have their MHC antigens ‘switched‐off’ but that these antigens are re‐expressed following DNA‐mediated gene transfer, with increased tumor immunogenicity as a result and the consequence that these ‘transformed’ tumor cells are rejected in vivo.: This review will discuss approaches that have been taken to induce strong tumor‐specific immunity by the manipulation of MHC (...) expression on tumor cells. (shrink)

Literature on ethical behavior has paid little attention to the mechanism between macro-environmental variables and environmental performance. This study aims at constructing a model to examine the relationships which link cultural values, population growth, economic development, and environmental performance by incorporating the mediating role of education. The multiple linear regression model was employed to test the hypotheses on a 3-year-pooled sample of 51 countries. Empirical results conclude that national culture, economic development, and population growth would significantly influence environmental performance directly. (...) In addition, through the mediating effect of education, population growth and national culture would significantly affect environmental performance indirectly. These findings provide theoretical and managerial implications for constructing the mechanism of cultural values and ethical behavior in general and environmental management in particular. (shrink)

This paper argues that product and advertisement are neither completely dependent nor completely independent. The advertisement of a bad product cannot be good. The advertisement of a good product is not necessarily good. In the case where consumer sovereignty cannot be assumed, the goodness of an advertisement depends solely on the goodness of the product. In the case where consumer sovereignty can be assumed, the goodness of an advertisement depends first on whether the product is good, and if so, whether (...) the advertisement preserves individual autonomy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Politics Is a Mushroom: Worldly Sources of Rule and Exception in Carl Schmitt and Walter BenjaminKam Shapiro (bio)Life is not a mushroom growing out of death.—Carl Schmitt, The Visibility of the ChurchTo isolate death from life, not leaving the one intimately woven in the other, and each one entering into the other’s midst—this is what one must never do.—Jean-Luc Nancy, L’intrus1Carl Schmitt’s theory of the exception was bound up (...) with a thoroughgoing critique of philosophies of immanence, materialism, and “atheism,” which he treated as interchangeable. In his early writings, he adopted the Christian perspective according to which postlapsarian nature cannot by itself yield a juridical order, or in his poetic phrase, “life is not a mushroom growing out of death.” Yet—in accord with Catholic doctrine—he also found sources of life, or law, in this world. While he repudiated theories of collective self-legislation, he embraced a popular sovereign empowered to impose form on a chaotic society. In Political Theology (1922), he compared the form-giving power of the sovereign to an act of divine intervention. Law, he argued, can only function in a lawful or “normal” situation that precedes formalization, and the sovereign “produces and guarantees the situation in its totality” [13]. In The Crisis of Parliamentary Democracy (1923) Schmitt retained his theological terms: “A scientific study of democracy must begin with a particular aspect that I have called political theology” [32]. In the modern age, democratic constituent power (pouvoir constituant) replaces the will of God as the transcendent source of a substantial order, namely democratic homogeneity. Democratic will-formation thereby becomes an act prior to its subject, or as Schmitt wrote, “[...] only political power, which should come from the people’s will, can form the people’s will in the first place” [Crisis 28]. A variety of democratic theorists dwell on the paradoxical character of democratic sovereignty, sometimes tracing it back to Rousseau’s well-known formulations [see esp. Connolly and Honig]. They highlight the gap between a transcendent (ideal or fictive) will in whose name political power acts, and the bounded, material consensus it forms, ostensibly rendering the latter vulnerable to challenge. As I argue, however, a closer look at Rousseau’s discussion of democratic founding in On the Social Contract reveals instead a dynamic relay between dispersed substantial or immanent sources of affiliation, on the one hand, and various agents and techniques of political power that draw on and combine them in a collective will, on the other, or what I call the virtual and the virtuosic.2 After briefly exploring this dynamic in Rousseau’s [End Page 121] On the Social Contract, I will highlight similar dynamics at work in Schmitt’s Weimar writings, examining three instances: the complexio oppositorum (1923), national myth (1923), and the polemical opposition of friend and enemy (1927), focusing especially on the first. Contrary to familiar readings of Schmitt’s metaphysical “exceptionalism,” I argue that for Schmitt, as for Rousseau, political power does not create a normative order from a vacuum, and the apparent transcendence of sovereign authority has a variety of worldly sources.3 Finally, I consider what I call “democratic virtuosity,” or virtuosity from below, focusing on Walter Benjamin’s repudiation of sovereign acts of lawmaking or law preserving in favor of ongoing collective habit-formation. As I argue, Benjamin returns spiritual force to the material world not only to shatter human authorities, but also to democratize creation.Rousseau—Anticipating the PeopleIn the Social Contract, Rousseau formulated the paradox of democratic founding to which so many, including Schmitt, would return. “In order for an emerging people to appreciate the healthy maxims of politics, and follow the fundamental rules of statecraft, the effect would have to become the cause; the social spirit, which should be the result of the institution, would have to preside over the founding of the institution itself; and men would have to be prior to laws what they ought to become by means of laws” [Rousseau 69]. As Rousseau argues, a constitution can form a general will only if it commands the loyalty of the people, that is, if there is... (shrink)