The work of Giorgio Agamben, one of Italy's most important and original philosophers, has been based on an uncommon erudition in classical traditions of philosophy and rhetoric, the grammarians of late antiquity, Christian theology, and modern philosophy. Recently, Agamben has begun to direct his thinking to the constitution of the social and to some concrete, ethico-political conclusions concerning the state of society today, and the place of the individual within it. In Homo Sacer, Agamben aims to connect the problem of (...) pure possibility, potentiality, and power with the problem of political and social ethics in a context where the latter has lost its previous religious, metaphysical, and cultural grounding. Taking his cue from Foucault's fragmentary analysis of biopolitics, Agamben probes with great breadth, intensity, and acuteness the covert or implicit presence of an idea of biopolitics in the history of traditional political theory. He argues that from the earliest treatises of political theory, notably in Aristotle's notion of man as a political animal, and throughout the history of Western thinking about sovereignty, a notion of sovereignty as power over "life" is implicit. The reason it remains merely implicit has to do, according to Agamben, with the way the sacred, or the idea of sacrality, becomes indissociable from the idea of sovereignty. Drawing upon Carl Schmitt's idea of the sovereign's status as the exception to the rules he safeguards, and on anthropological research that reveals the close interlinking of the sacred and the taboo, Agamben defines the sacred person as one who can be killed and yet not sacrificed—a paradox he sees as operative in the status of the modern individual living in a system that exerts control over the collective "naked life" of all individuals. (shrink)

In his book Political Theology, Carl Schmitt compared the freedom of God over and beyond the laws of nature to sovereign power, understood as transcending the laws of the state. Philosopher Jacques Derrida has argued that such a Schmittian political theology undermines the possibility of democracy from within. Yet in this paper I would like to develop Derrida’s understanding of justice in order to show that it functions in a similar way to Schmitt’s understanding of sovereign (...) class='Hi'>power. Because justice is always singular for Derrida, it transcends politics and is identified with a transcendent alterity beyond the iterability of the law. If Schmitt’s understanding of power as a State of Exception undermines democracy from within, by placing justice in a dimension beyond politics and the law, Derrida’s notion of justice also functions as a State of Exception and undermines the democratic project from without, depriving it of its performative power. (shrink)

In his book Political Theology, Carl Schmitt compared the freedom of God over and beyond the laws of nature to sovereign power, understood as transcending the laws of the state. Philosopher Jacques Derrida has argued that such a Schmittian political theology undermines the possibility of democracy from within. Yet in this paper I would like to develop Derrida’s understanding of justice in order to show that it functions in a similar way to Schmitt’s understanding of sovereign (...) class='Hi'>power. Because justice is always singular for Derrida, it transcends politics and is identified with a transcendent alterity beyond the iterability of the law. If Schmitt’s understanding of power as a State of Exception undermines democracy from within, by placing justice in a dimension beyond politics and the law, Derrida’s notion of justice also functions as a State of Exception and undermines the democratic project from without, depriving it of its performative power. (shrink)

Power and leadership are typically theorized as exercises of sovereignty in the western tradition of thought. This essay takes up Michel Foucault’s challenge to escape the ‘spell of monarchy’ in our thinking in order to move beyond sovereign models of power. Interdisciplinary scholarship on complex adaptive systems provides fertile ground for this endeavor, illustrating the dynamics of post-sovereign power and opportunities for post-sovereign leadership. Viewing human organizations as complex adaptive systems helps us to theorize (...) leadership without over-simplifying its nature or exaggerating its potential. It also undermines the prevailing identification of sovereign power as the only antidote for anarchy. (shrink)

The purpose of this paper is to engage with the readers in a theoretical reflection on nursing practices in forensic psychiatric settings. In this paper, we argue that practices of exclusion in forensic psychiatric settings share some common ground with Agamben's description of sovereign power and, consequently, the possible creation of zones of exception in this environment. The concept of exception is, therefore, purposely used to shift our thinking, highlight the political forces surrounding exclusionary practices in forensic psychiatric (...) nursing, and explore the ethical tensions that arise for nurses who become entangled in the control of these zones of exception. We argue that ethical and political discussions regarding this phenomenon are necessary if we wish to further understand the complexities of this field of practice and promote constructive change. (shrink)

Foucault’s critique of early modern political theory aimed at displacing sovereignty as the principle of intelligibility of power. In the genealogical literature since Foucault, sovereignty has become a residual category lacking analytic specificity, largely displaced by governance, in turn equated with politics. We argue that Foucault and the Foucauldians have not understood that the flourishing of governance has presupposed a symbolic regime with a division of knowledge-power-law characteristic of the democratic sovereign. The conflation of governance with politics, (...) together with the sliding of sovereignty under governance, has left Foucauldians unable to diagnose the dangers present in varying possible sovereignty-governance configurations. (shrink)

The work of Giorgio Agamben, one of Italy's most important and original philosophers, has been based on an uncommon erudition in classical traditions of philosophy and rhetoric, the grammarians of late antiquity, Christian theology, and modern philosophy. Recently, Agamben has begun to direct his thinking to the constitution of the social and to some concrete, ethico-political conclusions concerning the state of society today, and the place of the individual within it. In _Homo Sacer,_ Agamben aims to connect the problem of (...) pure possibility, potentiality, and power with the problem of political and social ethics in a context where the latter has lost its previous religious, metaphysical, and cultural grounding. Taking his cue from Foucault's fragmentary analysis of biopolitics, Agamben probes with great breadth, intensity, and acuteness the covert or implicit presence of an idea of biopolitics in the history of traditional political theory. He argues that from the earliest treatises of political theory, notably in Aristotle's notion of man as a political animal, and throughout the history of Western thinking about sovereignty, a notion of sovereignty as power over "life" is implicit. The reason it remains merely implicit has to do, according to Agamben, with the way the sacred, or the idea of sacrality, becomes indissociable from the idea of sovereignty. Drawing upon Carl Schmitt's idea of the sovereign's status as the exception to the rules he safeguards, and on anthropological research that reveals the close interlinking of the sacred and the taboo, Agamben defines the sacred person as one who can be killed and yet not sacrificed—a paradox he sees as operative in the status of the modern individual living in a system that exerts control over the collective "naked life" of all individuals. (shrink)

Early modern theorists linked the idea of sovereign power to a conception of absolute power developed during the medieval period. Ockham had reframed the already extant distinction between God's absolute and ordained powers in order to argue that God was free of moral constraint in ordaining natural law for human beings. Thus, the natural law could command the opposite of what God had ordained if He wished to make it so. Bodin extended Ockham's argument to earthly sovereigns, (...) who do not (he argued) have to obey civil law. However, Bodin undermined his absolutism by maintaining that civil law has to be consistent with natural and divine law. Hobbes more consistently argued that while mortal sovereigns are accountable to God, the power of sovereigns to command is not subject to moral constraints. Underlying Ockham's view of God's sovereignty, and Bodin's and Hobbes's view of earthly sovereigns, is a notion of the will's unconstrained power. But this notion is self-referentially incoherent. This incoherence, in turn, infects the very notion of sovereignty. (shrink)

The article addresses Giorgio Agamben’s critical commentary on the global governance of the Covid-19 pandemic as a paradigm of his political thought. While Agamben’s comments have been criticized as exaggerated and conspiratorial, they arise from the conceptual constellation that he has developed starting from the first volume of his Homo Sacer series. At the centre of this constellation is the relation between the concepts of sovereign power and bare life, whose articulation in the figure of homo sacer Agamben (...) traces from the Antiquity to the present. We shall demonstrate that any such articulation is impossible due to the belonging of these concepts to different planes, respectively empirical and transcendental, which Agamben brings together in a problematic fashion. His account of the sovereign state of exception collapses a plurality of empirical states of exception into a zone of indistinction between different exceptional states and the normal state and then elevates this very indistinction to the transcendental condition of intelligibility of politics as such. Conversely, the notion of bare life, originally posited as the transcendental condition of possibility of positive forms of life, is recast as an empirical figure, whose sole form is the absence of form. We conclude that this problematic articulation should be abandoned for a theory that rather highlights the non-relation between sovereign power and bare life, which conditions the possibility of resistance and transformation that remains obscure in Agamben’s thought. (shrink)

This article addresses whether Nietzsche’s naturalism is best understood as exemplifying the principles of scientific method and the spirit of Enlightenment. It does so from a standpoint inspired by Eugen Fink’s contention that Nietzsche’s endorsements of “naturalism” are best read as hyperbole. The discussion engages with Enlightenment-orientated readings (by Walter Kaufmann, Maudemarie Clark, and Brian Leiter), which hold Nietzsche’s naturalism to endorse of the spirit of empirical science, and an alternative view (provided by Richard Schacht and Wolfgang Müller-Lauter), which holds (...) Nietzsche’s “extended naturalism” to be an informing ethos of historically aware thought rather than a mere “method.” The ensuing discussion endorses the latter approach in terms that seek to take more seriously the implications of Fink’s point about the hyperbolic and figural aspects of Nietzsche’s naturalism. I argue that Nietzsche’s naturalism is indeed often hyperbolic and figural but that this exaggerated form of naturalizing thought allows insights that invite explicit theorization. Turning to an approach suggested by Adorno and Horkheimer, I argue that Nietzsche’s exaggeratedly “naturalistic” take on morality is best appreciated as a form of disturbing and disruptive political intervention in the dominant discourse of modernity in which it overtly situates itself, namely, the instrumentalizing, methodologically fixated liberal discourse of scientific Enlightenment. If we approach his thinking in this way, Nietzsche’s naturalism serves as a valuable resource for critical reflection on the hegemony of contemporary scientific culture. The context for such critical reflection is provided by Giorgio Agamben’s work on sovereign power and modernity. Nietzsche’s naturalism, I argue, is foremost biopolitical in its implications. These implications invite critical reflection on aspects of Agamben’s work; they also, following Agamben’s lead, suggest that we must step beyond the fundamental concepts of liberalism. (shrink)

Giorgio Agamben, Homo Sacer. Puterea suverană şi viaţa nudă (Homo Sacer. Sovereign power and the naked life) Ed. Idea Design&Print, Cluj- Napoca, 2006.

In this article, I engage with Derrida’s deconstructive reading of theories of performativity in order to analyse Max Weber’s sovereignty–legitimacy paradigm. First, I highlight an essential articulation between legitimacy and sovereign ipseity (understood, beyond the sole example of State sovereignty, as the autopositioned power-to-be-oneself). Second, I identify a more originary force of legitimation, which remains foreign to the order of performative ipseity because it is the condition for both its position and its deconstruction. This suggests an essential fallibility (...) of the performative, which implies a ‘mystical’ legitimacy and a paradoxical, divisible and self-differential representation of sovereignty. The structural differentiality of legitimacy and sovereignty signifies an irreducible coloniality of law and language, but also suggests the possibility of an unconditional resistance located in the radical interpretability of the law, beyond determined representations of powers, dominations, sovereignties or resistances. This reflection is triggered by a reading of Cynthia Weber’s theory of ‘performative states’, describing sovereignty under the form of an impossible ontology, which leads me to elaborate the notion of legitimation-to-come as a non-ontological ‘concept’: this notion of unconditional legitimacy, beyond sovereignty, binds beliefs and phantasms to the unpresentable force of the event. Pursuing the efforts of scholars such as Rob Walker and Cynthia Weber, I sketch the implications of this archi-performative legitimacy regarding the methodological protocols of International Relations and sociology, in view of elucidating the persistent ontological presuppositions of these disciplines. (shrink)

ExcerptModern government is essentially economic, disposing of its subjects by exposing them to the supposedly natural exigencies of capitalist exchange. To survive, the individual must “earn a living”—in other words, pay for the space that his life takes up. The payment is work, or tangibly effective action—action that proves, on an abstract and universal scale, the value of the subject's continued existence. The sheer necessity, for each individual, of such measurably valuable work is what forces his regular participation in the (...) economy that is the liberal market-state. In order to challenge this system, it seems, one must challenge the hegemony…. (shrink)

In the wake of the collapse of the Soviet bloc, it is timely to ask what continuing role, if any, the concept of sovereignty can and should play in the emerging "new world order." The aim of _Law, Power, and the Sovereign State_ is both to counter the argument that the end of the sovereign state is close at hand and to bring scholarship on sovereignty into the post-Cold War era. The study assesses sovereignty as status and (...) as power and examines the issue of what precisely constitutes a sovereign state. In determining how a political entity gains sovereignty, the authors introduce the requirements of de facto independence and de jure independence and explore the ambiguities inherent in each. They also examine the political process by which the international community formally confers sovereign status. Fowler and Bunck trace the continuing tension of the "chunk and basket" theories of sovereignty through the history of international sovereignty disputes and conclude by considering the usefulness of sovereignty as a concept in the future study and conduct of international affairs. They find that, despite frequent predictions of its imminent demise, the concept of sovereignty is alive and well as the twentieth century draws to a close. (shrink)

For International Relations scholars, discussions of globalization inevitably turn to questions of sovereignty. How much control does a country have over its borders, people and economy? Where does that authority come from? _Sovereign Lives_ explores these changes through reading of humanitarian intervention, human rights discourses, securitization, refugees, the fragmentation of identities and the practices of development.

This paper examines the role and power of the state in modernity and its transformation throughout it and into the present. First, it recognizes the centrality of the role of information control for the modern state constitution, which allows sovereign power to extend to the national level. Secondly, it discusses the shift of state power from a purely informational power to an informational and bargaining power, as well as the gradual transformation of sovereignty into (...) governmentality. Finally, it analyzes the transformations that have led to a critical loss of both powers by the state and have enabled their acquisition by tech corporations. It examines the implications of this shift in power and the consequent disempowerment of the state, defining the mode of operation of the power embodied by tech corporations as a regime of performativity, rephrasing the Foucauldian regime of truth, which presided over the ways in which governmental power was performed. Such a regime bases its power not on the ability to order discourse and knowledge, but on the ability to automate it, and to predict and manipulate human behaviors. In this way, it has disintermediated not only the state in its role as the primary informational agent, but also, to some extent, the ability of individuals to assert rights through their actions. (shrink)

This essay examines the concept of sovereign debt in both political‐economic and theological registers. Elaborating the dynamics of monetary economy, I demonstrate how postures of indebtedness characterize the relationship between sovereign power and the governed. While taxation signals the debt of obedience and fealty owed to sovereignty, the monetary circuit reveals that sovereign power exists in a state of indebtedness to the governed. The morally valenced proximity between debt and guilt helps to perpetuate such relations. (...) Tracing these resonances and resemblances in the theological realm, I consider the centrality of debt as a structuring principle in key soteriological traditions within Christian thought. Not only does God appear to uphold debt logic, but God, I claim, becomes identified with debt and marked as a debtor. The divine sovereign as debtor and as enforcing debt provides cues for earthly sovereigns and legitimates cultures of debt. In light of the theopolitical legacy in the West, the mutual influence between theology and the political realm, refiguring this set of influential theological concepts may prove helpful in decentering debt as a governing principle in modern life. (shrink)

In this essay, I contend that the usually neglected Fundamental Law of the Commonwealth, which commands that the essential rights of the sovereign be retained by the sovereign, imposes substantial...

Though it may sound awkward to ask whether the political sovereign is happy or unhappy, the question is relevant to political theory, especially within a political theological perspective. Because man was created in the image of God, human happiness needs to be a reflection of divine beatitude, and as divine sovereignty is, at least analogically, related to political sovereignty, the conceptual coherence is secured. The main argument is, however, that the analogy does not hold. I shall show how St (...) Thomas Aquinas’s short treatment of God’s beatitude may mislead us about power, fame, riches, and dignity being essential to happiness, based on an analysis of Franz Kafka’s major novel, The Castle, and a few other writings by him. I shall argue that our tradition of political thinking and behavior remains ambivalent on this issue. The political sovereign is born out of our unhappy condition, yet its power, fame, riches, and glory suggests to us that it has appropriated our happiness. But for this very reason it cannot be happy, and it therefore suggests a false analogy between the divine and the political sovereign. It is fundamentally at variance with our happiness, which incites us to abandon, reject, and eventually, kill it. (shrink)

The mention of “self-control” calls up certain stock images: Saint Augustine struggling to renounce carnal pleasures; dispassionate Mr. Spock of Star Trek; the dieter faced with tempting desserts. In these stock images reason is almost always assigned the power and authority to govern passions, desires, and appetites. But what if the passions were given the power to rule—what if, instead of sovereign reason, there were sovereign sentiments? My dissertation examines three sentimentalist conceptions of self-control: David Hume’s (...) conception of “strength of mind”; Adam Smith’s conception of “self-command”; and Jane Austen’s examination of these conceptions. Hume divests reason of motivational power, and with this new moral psychology comes a new conception of self-control. Humean strength of mind is indirect, artificial, and social—a regulatory system that humans cannot develop until societal systems of government and regulations have been instituted. Smith accepts Hume’s anti-rationalist arguments, but he emphasizes that only certain sentiments are fit to rule. And he argues that self-control develops without the sophisticated external conditions posited by Hume. Smithian self-command is the capacity to modify one’s feelings in accordance with a regulative ideal: the sentiments of an imagined impartial spectator. Austen responds to these conceptions, illustrating and complicating them. Sense and Sensibility explores the difficulties of discerning the feelings of others, and Persuasion dramatizes the difficulties of distinguishing strength of mind in another, offering sets of characters for the reader’s scrutiny, each with a competing claim to strength of mind. Taken together, Austen’s novels offer a fuller and more delicately shaded depiction of the sort of self-control that Hume and Smith imagine in their philosophical works. (shrink)

In this chapter, the author argues against the commonly accepted reading, which was most fully articulated by Larry May in his article “Hobbes's Contract Theory ”. Contrary to that widely accepted interpretation, he shows that scholars overlook crucial distinctions that play a critical role in Hobbes's account. There Hobbes explained that reasonable men would appreciate the necessity of creating an artificial power to ensure that covenants would be “constant and lasting”. For Hobbes, the commonwealth is a distinct entity that (...) men “Cause” into existence by accepting “restraint” on their liberty in order to achieve “their own preservation, and a more contented life thereby”. The power fused in the People gives the congregation inordinate strength for security against the sovereign; the might of a Leviathan exceeds the power of any solitary sovereign. Adopting the complex account of the creation of civil society and the authorization of its sovereign has important implications for understanding Hobbes's political theory. (shrink)

This article provides an original exploration of the self-identified populist coalition leading the Italian government between 2018 and 2019. The analysis, informed by a governmentality approach, starts by scrutinising the economic, social, and cultural issues framed as political “problems” by the coalition, also highlighting the tensions underlying such constructions. The second step charts how this political subject sought to address those problems by deploying an array of political technologies. From examining these two dimensions, the article then can discern the composite (...) rationality—techno-sovereignism—that drove precariously the coalition’s art of government. Finally, the article sketches out some forms of contestation against the techno-sovereignist operations, whose significance may stretch beyond the Italian borders. Overall, although the Italian populist coalition turned out to be ephemeral, the dynamics that characterized its emergence and functioning could still be used heuristically to understand the interactions and reciprocal adjustments possibly used by right-wing and technocratic populist groups to exert political power conjointly. (shrink)

Government policies and practices can exert significant influence on ethical behavior in a society. Many governments still rely ona long-standing prerogative of sovereigns, the defense of sovereign immunity, to avoid public inquiry about acts that are clearly immoral. However, the basic theory and frequent practice of invoking sovereign immunity cannot be ethically justified. Moreover, such practices model conduct based on power rather than reason, fairness, or justice, and invite both nations and individuals to view politics and business (...) as a power game to be played and won, rather than as a process of buiIding communities that emphasize reciprocity and commitment to moral principles. (shrink)

This article seeks to problematize Agamben’s interpretation of sovereignty in light of the “archaeological method” he uses in his Homo Sacer project. In contrast to Agamben’s exposition, which treats biopolitics as the original and ontological paradigm of Western politics, the essay discusses how, historically, sovereign power has been conceived as a “double body”—transcendent and immanent, sacred and sacrificial, absolute and perpetual—from whose tension conceptual and political metamorphoses of sovereignty arise. The first attribute of sovereignty—absoluteness, on which Agamben has (...) often focused—should be seen as an ordering and essentially modern function of its second “body”: the perpetuity of power. The article illustrates, then, how the retrospective projections through which the Italian philosopher constructs his ontological reading of sovereignty depend on some logical and epistemological lacunae that characterize his “archaeological method,” which is based, essentially, on an arbitrary use of historical analogies. (shrink)

When he died in 2004, Jacques Derrida left behind a vast legacy of unpublished material, much of it in the form of written lectures. With The Beast and the Sovereign, Volume 1, the University of Chicago Press inaugurates an ambitious series, edited by Geoffrey Bennington and Peggy Kamuf, translating these important works into English. The Beast and the Sovereign, Volume 1 launches the series with Derrida’s exploration of the persistent association of bestiality or animality with sovereignty. In this (...) seminar from 2001–2002, Derrida continues his deconstruction of the traditional determinations of the human. The beast and the sovereign are connected, he contends, because neither animals nor kings are subject to the law—the sovereign stands above it, while the beast falls outside the law from below. He then traces this association through an astonishing array of texts, including La Fontaine’s fable “The Wolf and the Lamb,” Hobbes’s biblical sea monster in Leviathan, D. H. Lawrence’s poem “Snake,” Machiavelli’s Prince with its elaborate comparison of princes and foxes, a historical account of Louis XIV attending an elephant autopsy, and Rousseau’s evocation of werewolves in The Social Contract. Deleuze, Lacan, and Agamben also come into critical play as Derrida focuses in on questions of force, right, justice, and philosophical interpretations of the limits between man and animal. (shrink)

Hegel’s mature system, because of its division into three parts, makes particularly high demands on the argumentative powers when it comes to the demonstration of the necessity of the links between the respective parts of the system. It is a well known fact that the transition from/of logic to natural philosophy is a very critical point in the system, and was already subjected to particular criticism by Schelling as being a weak point in the system. For Hegel, however, the transition (...) from natural philosophy to the philosophy of spirit is also such a critical seam or hinge in his system. The three versions of the Encyclopedia of the Philosophical Sciences provide documentary evidence of his continuous work on the relevant passages. Hegel’s own handwritten notes and drafts, and also the students’ manuscripts of his lectures on “subjective spirit”, provide interpreters with additional information and thus give them more profound insights into Hegel’s efforts to achieve conceptual precision in this area, as well as into an abundance of empirical material that Hegel gathered and subsequently incorporated from contemporary science as it developed. (shrink)

To what extent are questions of sovereign debt a matter for political rather than scientific or moral adjudication? We answer that question by defending three claims. We argue that (i) moral and technocratic takes on sovereign debt tend to be ideological in a pejorative sense of the term, and that therefore (ii) sovereign debt should be politicised all the way down. We then show that this sort of politicisation need not boil down to the crude Realpolitik of (...) debtor-creditor power relations—a conclusion that would leave no room for normative theory, among other problems. Rather, we argue that (iii) in a democratic context, a realist approach to politics centred on what Bernard Williams calls ‘The Basic Legitimation Demand’ affords a deliberative approach to the normative evaluation of public debt policy options. (shrink)

Abstractabstract:This article investigates the presentation of state power and affective life in the anime series Yuki Yuna Is a Hero. Juxtaposing the portrayal of the recruitment of female bodies and affects into the defense of the sovereign with the historical context of Imperial Japan, this article elaborates how the series captures the sovereign violence that creates biopolitical subjects in everyday life. It then illustrates how the series appropriates and subverts the genre conventions of the magical girl (mahō (...) shōjo) anime through Giorgio Agamben’s idea of bare life and the state of exception. This subversion offers an opportunity to rethink the politics of disaster in contemporary Japan. Finally, this article probes into the utopian potential of the series by elucidating its affirmation of the relationality of life in an enchanted world. (shrink)

Current International Criminal Law (ICL) suffers from at least four fairly serious theoretical shortcomings. First, as a starting point, the concept and meaning of ICL in its different variations must be clarified (‘the concept and meaning issue’). Second, the question of whether and how punitive power can exist at the supranational level without a sovereign (‘the ius puniendi issue’) must be answered in a satisfactory manner. Third, the overall function or purpose of ICL as opposed to national criminal (...) law (‘the overall function issue’) must be more convincingly explained. Fourth, the purposes of punishment in ICL, as opposed to the traditional purposes discussed in national criminal law, must be elaborated (‘the purposes of punishment issue’). There is a partly vertical and partly horizontal relationship between these issues. It is, for example, of course impossible to reflect upon ius puniendi, overall function and purposes of punishment without having clarified the concept of ICL in the first place. Also, a treatment of overall function and purposes of punishment seems to be predicated on the justification of the ius puniendi. Indeed, the lack of a satisfactory answer to the ius puniendi issue is maybe the most important theoretical weakness of current ICL. This article therefore aims to demonstrate that a supranational ius puniendi can be inferred from a combination of the incipient supranationality of the world order (understood normatively as an order of values) and the concept of a world society composed of world citizens whose law—the ‘world citizen law’ (‘Weltbürgerrecht’)—is derived from universal, indivisible and interculturally recognized human rights predicated upon a Kantian concept of human dignity. The incipient world order and the world society are represented by the international community (to be understood as a community of values) which becomes the holder of the ius puniendi. (shrink)

This article argues that Machiavelli’s chapters on the Decemvirate ( D 1.35, 1.40-45) advance an internal critique of the juridical discourse of sovereignty. I first contextualize these chapters in relation to several of Machiavelli’s potential sources, including Livy’s Ab urbe condita, Dionysius of Halicarnassus’s Roman Antiquities, and the antiquarian writings of Andrea Fiocchi and Giulio Pomponio Leto. I then analyze Machiavelli’s claim that the decemvirs held “absolute authority” ( autorità assoluta)—an authority that was unconstrained by either laws or countervailing magistrates. (...) I proceed to argue that Machiavelli’s account of the decemvirs’ election contains a web of allusions to the lex regia, the “royal law” by which the Roman people were thought to have conveyed their sovereign power to an emperor. By modeling the decemvirs’ election on the lex regia, Machiavelli reveals the political limitations of the doctrine of popular sovereignty; moreover, he illustrates that even free and fair elections can easily give rise to tyranny. (shrink)

This article examines the lasting phenomenological consequences of inhabiting “spaces” of exception by rethinking the operation of sovereign violence therein. Taking as its point of departure Giorgio Agamben’s suggestion that the ‘state of exception’ is the ‘rule’ of modern politics, I argue that arbitrary sovereign violence has taken the place of the ‘sovereign decision’ of Carl Schmitt’s original theory. However, recognizing that it is neither enough simply to articulate the institutional grid of intelligibility of the state of (...) exception nor expose the logics of sovereignty that make possible arbitrary violence, it draws on phenomenology, affect theory, and trauma studies to reorient our focus from the sovereign to the subject upon whom sovereign power is executed. Ultimately it proposes a new understanding of modern subjecthood as one of existential insecurity generated by the ‘new age of anxiety’ permeating social and political life today. (shrink)

Major online platforms deploy an array of policies and data-driven legislative and enforcement mechanisms, transforming economic, social, and technological powers into political might. While platforms use private law to legitimate the exercise of this form of power, the novel political relations and tools have a tremendous public impact, both on individuals’ and communities’ political freedom and on the public sphere. Digital rights literature that tends to focus on particular rights, such as privacy or freedom of expression, deals less with (...) the implications of platforms’ emerging political authority. The article addresses this lacuna by (1) analyzing the quasi-sovereign power of platforms, (2) mapping how this form of power disrupts political freedom and the public sphere, (3) revealing a theoretical trap that blocks existing attempts to address the threats and (4) developing a bottom-up approach to resolve this bind. The article proposes the creation of “Users Unions” – legal structures that create affordance for users to have a collective voice within platforms’ corporate governance and decision-making mechanisms. The proposed structural reform could mitigate the power disparities between users and online platforms and assist in respecting, protecting, and fulfilling users’ political rights. (shrink)