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

Over the last decade and a half, in a literature otherwise obsessed with citizenship in all its forms, a broad array of scholars has downplayed, criticized, and at times trivialized national citizenship. The assault on citizenship has had both an expansionary and a contractionary thrust. It is expansionary in that the language of citizenship is no longer linked with nationality, but rather protest politics. An earlier generation of social scientists would have described these actions as lobbying; they have now become (...) “citizenship practice.” It is contractionary in that what one might have thought to be the core of citizenship; nationality, the possession of a nation-state’s passport is viewed as less and less relevant to citizenship. Scholars have dislodged both the substance of citizenship, what it is, and the location of citizenship, where it “happens,” from the nation-state and national citizenship. The article challenges this devaluation of citizenship and the nation-state on empirical, conceptual, and normative grounds. Empirically, scholars, whom I link together under the umbrella term “postnationalists,” have based their anti-statist arguments on evidence that, when subjected to further inspection, wholly fails to support the arguments advanced. Conceptually, postnationalists rely on categories that are confused and untenable, being that national variables are cited as evidence of transnational developments. Normatively, postnationalists have lost the emancipatory thrust that once gave concerns with citizenship real-world purchase. (shrink)

At the heart of the Israeli-Palestinian conflict rages a struggle between two foundational tragedies: the Jewish Holocaust and the Palestinian Nakba. The contending ways in which both events are commemorated is a known feature of the conflict. Less known are marginal attempts to jointly deliberate on them. This article draws on such attempts to theorize a postnational conception of memory. Deliberating on the Holocaust and the Nakba, it argues, challenges the way nationalism structures ‘our’ and ‘their’ relationship to the past. (...) While nationalism seeks the congruence of memory and territory, postnationalism challenges this congruence. Doing so entails extending the communicative bounds of memory beyond national members, disrupting the territorialization of memory along national lines, and critically revising national narratives in light of a cosmopolitan memory. The article explores these three dimensions and offers a typology that differentiates the way nationalism and postnationalism mediate our relationship to the past. (shrink)

In seeking to answer the question "How does that which is other become evil?" the author provides a discussion of four entwined aspects of the issue at stake: (1) difficulty in achieving clarity on the grammar of evil; (2) genocide as a striking illustration of otherness becoming evil; (3) the challenge of postnationalism as a resource for dealing with otherness in the socio-political arena; and (4) the ethico-religious dimension as it relates to the wider problem of evil.

A starting point for thinking about war and preparations for war is that today the average citizen in Western countries has absolutely no interest in fighting in a war him or herself. The best study of this phenomenon rightly notes that what might be called the “great refusal” of ordinary people to involve themselves in actual war making reflects what might be called the “great disillusionment” with war itself. However, this has not meant the end of war, or of preparations (...) for war, but rather war's transformation from a “nationalized” to a “postnationalized” arrangement. For the United States, this has meant expansion into a new type of empire. As part of the symposium on Ned Dobos'sEthics, Security, and the War-Machine,this essay explores these developments and the challenges they pose. (shrink)

This article argues that there is a discrepancy between Jürgen Habermas's initial plea for critical and rational identities and his more recent glorification of the European model. Initially, Constitutional Patriotism could be apprehended as a critical standard for existing political practices. However, Habermas's recent political texts tend to lose all kind of reflexive distance in their apprehension of the European identity — which is presented as distinct and even superior to its counter-model, the US. Such a `Europatriotic' temptation should be (...) resisted. The `thick' European identity advocated by Habermas has no truly federative dimension and could undermine the unique normative potential of a political entity composed of distinct identities. Consequently, the article suggests an elucidation of liberal postnationalism with a view to explaining its refusal to tie Europe's legitimacy to an identification logic. (shrink)

The enlargement of the European Union to include eventually Turkey and the former communist countries is a major challenge for our understanding of the meaning of Europe as a geopolitical, social and cultural space. It is also a question of the identity of Europe as one shaped by social or systemic integration. With the diminishing significance of national borders within the EU, the outer territorial frontier is also losing its significance and Europe will become more and more postwestern. It thus (...) appears that the eastern frontier is more flexible than was previously thought. The EU is now at the decisive point of moving beyond postnationality to a transnational encounter with multiple civilizational forms. Enlargement is not just about getting bigger but is crucially a matter of cultural transformation and therefore it differs from all previous dynamics of Europeanization. Rather than tell the story of Europeanization exclusively as one of national histories and of closure, a civilizational analytic offers the possibility of multiple modernities and thus of a more appropriate theorization of the current situation. (shrink)

The enlargement of the European Union to include eventually Turkey and the former communist countries is a major challenge for our understanding of the meaning of Europe as a geopolitical, social and cultural space. It is also a question of the identity of Europe as one shaped by social or systemic integration. With the diminishing significance of national borders within the EU, the outer territorial frontier is also losing its significance and Europe will become more and more postwestern. It thus (...) appears that the eastern frontier is more flexible than was previously thought. The EU is now at the decisive point of moving beyond postnationality to a transnational encounter with multiple civilizational forms. Enlargement is not just about getting bigger but is crucially a matter of cultural transformation and therefore it differs from all previous dynamics of Europeanization. Rather than tell the story of Europeanization exclusively as one of national histories and of closure, a civilizational analytic offers the possibility of multiple modernities and thus of a more appropriate theorization of the current situation. (shrink)

In seeking to answer the question "How does that which is other become evil?" the author provides a discussion of four entwined aspects of the issue at stake: difficulty in achieving clarity on the grammar of evil; genocide as a striking illustration of otherness becoming evil; the challenge of postnationalism as a resource for dealing with otherness in the socio-political arena; and the ethico-religious dimension as it relates to the wider problem of evil.

Postnationalists like Habermas have suggested EU citizenship as a way to overcome nationalisms, grounding political belonging on the body of laws that members of the postnational polity generate in the public sphere. Cosmopolitan communitarianist like Bellamy think that EU citizens should form a mixed-commonwealth, with political belonging based on their nations. I will argue that the second option is more desiderable and submit the analogical character of the ensuing ideas of the citizenship, identity and polity. Cosmopolitan communitarianist citizenship promises to (...) better foster the great richness of European national cultural, religious, historical, political, legal and linguistic diversity while still maintaining a certain unity to form a "mixed" polity. (shrink)

Ulrich Beck, Jean-Marc Ferry et Jürgen Habermas voient dans l’Union européenne la réalisation d’une démocratie postnationale, capable de se hisser au niveau des enjeux actuels. Les signes de cette réalisation ne se font toutefois pas jour dans des valeurs abstraites, mais dans l’expérience de l’européanisation, lors des commerces transfrontaliers. Après avoir présenté ce paradoxe dans les textes, nous suggérons que l’accent mis sur les expériences ordinaires tient à la place occupée par le droit dans la construction européenne. Le contrôle des (...) libertés de circulation par la Cour de justice de l’Union européenne, caractéristique du marché intérieur, est à l’origine d’une intégration plus large, qui a étendu les droits des opérateurs économiques et forgé le statut de citoyen européen. La jurisprudence de la CJUE a en effet permis d’élargir la portée des droits transnationaux, dans la continuité du droit cosmopolitique kantien, sans dissoudre les États membres dans une association supranationale. Une affiliation postnationale, alternative au modèle de la souveraineté étatique classique, semble ainsi se concrétiser dans l’Union européenne. Cependant, nous suggérons que le crédit accordé à la construction, par la jurisprudence de la CJUE, de la citoyenneté postnationale, risque d’occulter les effets problématiques d’une intégration judiciaire vouée à être essentiellement négative. (shrink)