The issue of biopiracy has attracted considerable attention in recent years. The Convention on Biological Diversity adopted a principle of state sovereignty over biological resources and the genetic information contained within those resources to address this issue. It is argued that this principle has not been adequately justified and that there are other solutions to the issue of biopiracy, based on different theories of justice, that deserve greater consideration. These alternatives include the common heritage of mankind principle and the (...) global commons principle. (shrink)

The concept of sovereignty is a recurring and controversial theme in international law, and it has a long history in western philosophy. The traditionally favored concept of sovereignty proves problematic in the context of international law. International law’s own claims to sovereignty, which are premised on traditional concept of sovereignty, undermine individual nations’ claims to sovereignty. These problems are attributable to deep-seated flaws in the traditional concept of sovereignty. A viable alternative concept of (...) class='Hi'>sovereignty can be derived from key concepts in Friedrich Nietzsche’s views on human reason and epistemology. The essay begins by considering the problem of sovereignty from the ancient philosophical perspective inherent in the fundamental assumptions and ideas of Plato’s political philosophy and epistemology. It then considers the contemporary problem of sovereignty in the context of international law by examining Louis Henkin’s formulation of and approach to it in his essay That S-Word: Sovereignty, and Globalization, and Human Rights, Etc. Finally, the essay articulates Nietzsche’s views on intellectual conscience, discusses their merits and advantages when used in dealing the problem of sovereignty in the context of international law, and proposes a solution to this problem that draws on the philosophies of Nietzsche, Novalis, Kant and Plato. The essay illustrates the relevance and advantages of this solution by examining the issue of states’ reservations to international treaties and conventions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Sovereignty of Reason: The Defense of Rationality in the Early English Enlightenment by Frederick C. BeiserJohn W. YoltonFrederick C. Beiser. The Sovereignty of Reason: The Defense of Rationality in the Early English Enlightenment. Princeton: Princeton University Press, 1996. Pp. xi + 332. Cloth, $39.50.Beiser characterizes the methodology of his study as historical and philosophical: historical in placing texts in their own context and in uncovering (...) the intentions of their authors; philosophical in reconstructing and appraising arguments (ix). Both methods are necessary for good historical work. The second is often practiced without the first, to the detriment of philosophy and its history. “A philosopher who reconstructs arguments without the aid of history indulges in mere guesswork and anachronism, measuring the standards of philosophical relevance and importance by the concerns of his own age” (x). Equally, understanding the arguments and ideas of, e.g., seventeenth-century writers, “also involves testing their truth: seeing how they cohere with one another, what their consequences are, whether they follow from the evidence adduced for them, and if they reply to the objections made against them” (x). This splendid study of the role of reason in seventeenth-century religion, science, and philosophy is a fine example of careful textual-historical scholarship with rigorous philosophical analysis.The goal of his study is to tell “the story of how rationalism, in the very specific sense of the sovereignty of reason, arose in seventeenth-century England” (5). Starting with an introduction which discusses such topics as “The Paradox of the English Enlightenment,” “Rationalism in the English Church,” “The Enlightenment and the New Sciences,” Beiser proceeds to detailed presentations and discussions of “The Protestant Challenge” (Chap. 1); Richard Hookers’s defense of reason (Chap. 2); the views of the Great Tew Circle, e.g., Falkland, Chillingworth, Hammond, Hales (Chap. 3); the Cambridge Platonists (Chap. 4); the nature of Enthusiasm (Chap. 5); John Toland and Deism (Chap. 6); and ethical rationalism (Chap. 7).Many of the topics covered have been the subjects of other books and articles. What marks Beiser’s account is the freshness of his approach, the many new insights and suggestions about the tensions between the holders of traditional doctrines and newer challenges. Beiser’s writing is clear, and the issues are carefully presented and analyzed. One of the central themes is the mistake of equating “rationalism with the critique or rejection of religion” (15), of identifying enlightenment with secularization (14). The appeals to reason often emerge from within orthodox religion, whose defenders were trying to cope with their own internal tensions. “Once we consider the Cambridge Platonists’ early reaction to predestination, it becomes clear that it was not Hobbes but Calvin who first posed the danger of atheism for them. For it was Calvin’s theology, and not Hobbes’s materialism, that inspired the fear of God that [End Page 138] they regarded as the source of atheism. In the eyes of the Cambridge Platonists, Hobbes’s materialism was only a false remedy for that fear...” (147). A similar point is made later: “the foundations of a rational theology” in Whichcote “did not arise from any need to combat a creeping Hobbesianism. Rather, it grew up from the inner struggles and torments of the Protestant soul” (165).Equally significant is Beiser’s analysis of enthusiasm, the appeals to divine inspiration rather than to reason or evidence: “We should be aware of accepting the contemporary caricature of the enthusiasts, which portrayed them as zealous and ignorant anti–intellectuals with no cogent or coherent philosophical position of their own” (187). His analysis of the enthusiasts stresses the epistemological nature of their position, rather than the usual theological, ethical, or political dimensions (193). He insists that “enthusiasm is essentially a philosophical concept. Historically, it arose as a response to the problem of the sources and criteria of religious knowledge” (187). The search for criteria is a pervasive feature of Beiser’s study: Luther’s and Calvin’s efforts to draw the boundary between faith and reason (24); Richard Hooker’s failure to “provide an epistemological foundation for his theory of natural law” (67); the need for a criterion to distinguish genuine from false revelation... (shrink)

Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from 'the people' - is perhaps the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. Although its classic formulation is to be found in the major theoretical treatments of the modern state, such as in the treatises of Hobbes, Locke, and Rousseau, this (...) book explores the intellectual origins of this doctrine and investigates its chief source in late medieval and early modern thought. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought. (shrink)

This book asks whether sovereignty can guarantee international equality by exploring the discourses of sovereignty and their reliance on the notions of civilisation and savagery in two historical colonial encounters: the French explorations of Canada in the 16th century and the domestic troubles linked to the Wars of Religion. Presenting the concept of 'civilised sovereignty', Mathieu reveals the interplay between the domestic and external claims to sovereignty, and offers a dynamic analysis of the theory and practice (...) of the concept. Based on extensive archival research, this book provides an in-depth intellectual picture of the theory and practice of sovereignty in early modern France by focusing on the discourses deployed by French political theorists. Mathieu applies performativity in order to denaturalise these discourses of statehood and reveals how the domestic and international constructions of sovereignty feed into one another and equally rely on appeals to civilisation and savagery. Overall, the book questions the 'myth of sovereignty as equality' and reflects on the persistence of this association despite the overwhelming empirical evidence that it institutes international hierarchies and inequalities. (shrink)

Locke's conceptualization of sovereignty and its uses, combining theological, social, and political perspectives, testifies to his intellectual profundity that was spurred by his endeavour to re-traditionalize a changing world. First, by relying on the traditional, personalistic notion of polity, Locke developed a concept of sovereignty that bore the same sense of authority as the “right of commanding” attributable only to real persons. Second, he managed to reconcile the unitary nature of sovereignty with the plurality of its (...) uses, mainly through a conception of the dual, vertical separation of functions, which implied degrees rather than kinds of sovereignty. While absolute sovereignty belongs to God, Locke argued, relative sovereignty, separated into “potential” and “actual” sovereignty, is vested in the community on the grounds of the Edenic testament with God. The community, established by a fundamental, single contract, is divided into “society”—to fulfil the function of legislation, which signifies the potential sovereignty of the community, so as to cultivate common law , and into “government”—to undertake the execution, which signifies the actual sovereignty of the king, of common law so as to procure common wealth. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Sovereignty of Reason: The Defense of Rationality in the Early English Enlightenment by Frederick C. BeiserJohn W. YoltonFrederick C. Beiser. The Sovereignty of Reason: The Defense of Rationality in the Early English Enlightenment. Princeton: Princeton University Press, 1996. Pp. xi + 332. Cloth, $39.50.Beiser characterizes the methodology of his study as historical and philosophical: historical in placing texts in their own context and in uncovering (...) the intentions of their authors; philosophical in reconstructing and appraising arguments (ix). Both methods are necessary for good historical work. The second is often practiced without the first, to the detriment of philosophy and its history. “A philosopher who reconstructs arguments without the aid of history indulges in mere guesswork and anachronism, measuring the standards of philosophical relevance and importance by the concerns of his own age” (x). Equally, understanding the arguments and ideas of, e.g., seventeenth-century writers, “also involves testing their truth: seeing how they cohere with one another, what their consequences are, whether they follow from the evidence adduced for them, and if they reply to the objections made against them” (x). This splendid study of the role of reason in seventeenth-century religion, science, and philosophy is a fine example of careful textual-historical scholarship with rigorous philosophical analysis.The goal of his study is to tell “the story of how rationalism, in the very specific sense of the sovereignty of reason, arose in seventeenth-century England” (5). Starting with an introduction which discusses such topics as “The Paradox of the English Enlightenment,” “Rationalism in the English Church,” “The Enlightenment and the New Sciences,” Beiser proceeds to detailed presentations and discussions of “The Protestant Challenge” (Chap. 1); Richard Hookers’s defense of reason (Chap. 2); the views of the Great Tew Circle, e.g., Falkland, Chillingworth, Hammond, Hales (Chap. 3); the Cambridge Platonists (Chap. 4); the nature of Enthusiasm (Chap. 5); John Toland and Deism (Chap. 6); and ethical rationalism (Chap. 7).Many of the topics covered have been the subjects of other books and articles. What marks Beiser’s account is the freshness of his approach, the many new insights and suggestions about the tensions between the holders of traditional doctrines and newer challenges. Beiser’s writing is clear, and the issues are carefully presented and analyzed. One of the central themes is the mistake of equating “rationalism with the critique or rejection of religion” (15), of identifying enlightenment with secularization (14). The appeals to reason often emerge from within orthodox religion, whose defenders were trying to cope with their own internal tensions. “Once we consider the Cambridge Platonists’ early reaction to predestination, it becomes clear that it was not Hobbes but Calvin who first posed the danger of atheism for them. For it was Calvin’s theology, and not Hobbes’s materialism, that inspired the fear of God that [End Page 138] they regarded as the source of atheism. In the eyes of the Cambridge Platonists, Hobbes’s materialism was only a false remedy for that fear...” (147). A similar point is made later: “the foundations of a rational theology” in Whichcote “did not arise from any need to combat a creeping Hobbesianism. Rather, it grew up from the inner struggles and torments of the Protestant soul” (165).Equally significant is Beiser’s analysis of enthusiasm, the appeals to divine inspiration rather than to reason or evidence: “We should be aware of accepting the contemporary caricature of the enthusiasts, which portrayed them as zealous and ignorant anti–intellectuals with no cogent or coherent philosophical position of their own” (187). His analysis of the enthusiasts stresses the epistemological nature of their position, rather than the usual theological, ethical, or political dimensions (193). He insists that “enthusiasm is essentially a philosophical concept. Historically, it arose as a response to the problem of the sources and criteria of religious knowledge” (187). The search for criteria is a pervasive feature of Beiser’s study: Luther’s and Calvin’s efforts to draw the boundary between faith and reason (24); Richard Hooker’s failure to “provide an epistemological foundation for his theory of natural law” (67); the need for a criterion to distinguish genuine from false revelation... (shrink)

What is sovereignty? Often taken for granted or seen as the ideology of European states vying for supremacy and conquest, the concept of sovereignty remains underexamined both in the history of its practices and in its aesthetic and intellectual underpinnings. Using global intellectual history as a bridge between approaches, periods, and areas, The Scaffolding of Sovereignty deploys a comparative and theoretically rich conception of sovereignty to reconsider the different schemes on which it has been (...) based or renewed, the public stages on which it is erected or destroyed, and the images and ideas on which it rests. The essays in The Scaffolding of Sovereignty reveal that sovereignty has always been supported, complemented, and enforced by a complex aesthetic and intellectual scaffolding. This collection takes a multidisciplinary approach to investigating the concept on a global scale, ranging from an account of a Manchu emperor building a mosque to a discussion of the continuing power of Lenin's corpse, from an analysis of the death of kings in classical Greek tragedy to an exploration of the imagery of "the people" in the Age of Revolutions. Across seventeen chapters that closely study specific historical regimes and conflicts, the book's contributors examine intersections of authority, power, theatricality, science and medicine, jurisdiction, rulership, human rights, scholarship, religious and popular ideas, and international legal thought that support or undermine different instances of sovereign power and its representations. (shrink)

This paper analyses the intertwinement of legal philosophy and political theory in the British intellectual framework between the late 19th and early 20th centuries, with specific regard to Harold Laski's works. I will try to illustrate the transition from 19th-century utilitarianism to H. L. A. Hart and Isaiah Berlin as evolving through important debates which include Laski's contribution. I will argue that a discussion of “juridical” obligation, i.e., the conditions of legal validity, may lie implicitly in these concerns that (...) Laski and other early 20th-century British authors had about “political” obligation—viz., about the nature of the state and its claim to obedience. By approaching Laski's theories and their genealogy through a legal-philosophical perspective, I will contend that this debate about political obligation anticipates to a considerable extent some of the most renowned conceptions of obligation in 20th-century British legal theory. (shrink)

p208 A century ago, during the early stages of the corporatization of the United States, discussion(about these matters)was quite frank. Conservatives a century ago denounced the procedure, describing corporatization as a "return to feudalism" and "a form of communism," which is not an entirely inappropriate analogy. There were similar intellectual origins in neo Hegelian ideas about the rights of organic entities, along with the belief in the need to have a centralized administration of chaotic systems like the markets, which (...) were out of control. It's worth bearing in mind that in today's so called "free trade economy" a very large component of cross border transactions (which are misleadingly called trade), probably about 70 percent of them, are actually within centrally managed institutions, within corporations and corporate alliances, if we include outsourcing and other devices of administration. That's quite apart from all kinds of other radical market distortions. (shrink)

What is sovereignty? Often taken for granted or seen as the ideology of European states vying for supremacy and conquest, the concept of sovereignty remains underexamined both in the history of its practices and in its aesthetic and intellectual underpinnings. Using global intellectual history as a bridge between approaches, periods, and areas, The Scaffolding of Sovereignty deploys a comparative and theoretically rich conception of sovereignty to reconsider the different schemes on which it has been (...) based or renewed, the public stages on which it is erected or destroyed, and the images and ideas on which it rests. The essays in The Scaffolding of Sovereignty reveal that sovereignty has always been supported, complemented, and enforced by a complex aesthetic and intellectual scaffolding. This collection takes a multidisciplinary approach to investigating the concept on a global scale, ranging from an account of a Manchu emperor building a mosque to a discussion of the continuing power of Lenin’s corpse, from an analysis of the death of kings in classical Greek tragedy to an exploration of the imagery of “the people” in the Age of Revolutions. Across seventeen chapters that closely study specific historical regimes and conflicts, the book’s contributors examine intersections of authority, power, theatricality, science and medicine, jurisdiction, rulership, human rights, scholarship, religious and popular ideas, and international legal thought that support or undermine different instances of sovereign power and its representations. (shrink)

In Kingdom and Glory, Agamben analyzed the dual perspective of the void, through the metaphor of the empty throne, in the governmental machine in the West. I engage with the ambiguous question of the void with regard to the concept of sovereignty through my reading of two Chinese intellectuals in the late Qing period, Liang Qichao and Zhang Taiyan. This paper therefore addresses the question of sovereignty and the void in the discourse of nation in early modern China, (...) an issue that is related to the problem of the political economy or the politics of life. I argue that the rhetorical move in Liang Qichao’s argument for the birth of a new nation and new people was to move from the not-having to the there is in support of the formation of a new nation-state and a restricted logic of sovereignty, while Zhan Taiyan’s position was to affirm the dynamitic re-composition of the void by constantly negating the given fixated state, and thus proposing a different and radical vision of nation and full sovereignty of the lives of each and every one of the people who are co-inhabiting in the polis. (shrink)

Written in the intense political and intellectual tumult of the early years of the Weimar Republic, Political Theology develops the distinctive theory of sovereignty that made Carl Schmitt one of the most significant and controversial ...

The Grotian Moment concept provides a lens through which to reflect on the enduring hold of state sovereignty on international environmental law. The article traces the development of the field’s customary rule framework and canvasses efforts to push its conceptual boundaries beyond the inter-state paradigm. Given their dominant role in the field, the article then provides a brief overview of treaty-based approaches to the development of international environmental law. It focuses on the global response to the climate emergency, as (...) illustrative of how international environmental law has evolved in response to the challenges posed by complex crises. The article concludes by suggesting that international environmental law is unlikely to see a Grotian Moment at the level of customary international law, but that it does hold potential for the new thinking and new approaches that could produce a ‘quasi’ Grotian Moment. (shrink)

Book synopsis: This volume brings together international scholars working at the intersection of Spinoza studies and critical and feminist philosophy. It is the first book-length study dedicated to the re-reading of Spinoza’s ethical and theologico-political works from a feminist perspective. The twelve outstanding chapters range over the entire field of Spinoza’s writings—metaphysical, political, theological, ethical, and psychological—drawing out the ways in which his philosophy presents a rich resource for the reconceptualization of friendship, sexuality, politics, and ethics in contemporary life. The (...) clear and accessible Introduction offers a historical sketch of Spinoza’s life and intellectual context and indicates how Spinoza’s philosophy might be seen as a rich cultural resource today. Topics treated here include the mind-body problem and its relation to the sex-gender distinction; relational autonomy; the nature of love and friendship; sexuality and normative morality; free will and determinism and their relation to Christian theology; imagination and recognition between the sexes; emotion and the body; and power, imagination, and political sovereignty. The essays engage in a rich and challenging conversation that opens new paths for feminist research. (shrink)

In this new study the authors examine a range of theories about the state of nature in seventeenth- and eighteenth-century England, considering the contribution they made to the period's discourse on sovereignty and their impact on literary activity. Texts examined include Leviathan, Oceana, Paradise Lost, Discourses Concerning Government, Two Treatises on Government, Don Sebastian, Oronooko, The New Atalantis, Robinson Crusoe, Dissertation upon Parties, David Simple, and Tom Jones. The state of nature is identified as an important organizing principle for (...) narratives in the century running from the Civil War through to the second Jacobite Rebellion, and as a way of situating the author within either a reactionary or a radical political tradition. The Discourse of Sovereignty provides an exciting new perspective on the intellectual history of this fascinating period. (shrink)

The last decade has witnessed a growing perception of ethical crisis in public life. Circumstances of political uncertainty, fueled by the rise of international terror and global financial crisis, have placed the practice of civic virtue under severe strain. Our turbulent times have prompted many people to think less about the "good life" and the "good society" and more about their basic needs for safety and reassurance. Consequently, while prominent public commentators call for the reassertion of civic virtue in the (...) public square, it is very hard to see what basis there can be for its practice in present conditions. This book articulates a new perspective on public morality in uncertain times by defending a radical re-orientation of civic ethics away from the pursuit of the good society and toward the prevention of the great evils of human life. Edyvane makes the following central innovations: Uses the resources of philosophy to help us think about vital social, political, and spiritual questions that have dominated the public conversation of liberal democracies since 9/11; Offers a new perspective on key scholarly debates about civic virtue in a way that provokes disquieting questions about the character of religious diversity and conflict and the nature of foundations of public morality; Develops and deploys a novel intellectual approach by drawing on the insights of art and literature to inform and enrich philosophical enquiry. (shrink)

The last decade has witnessed a growing perception of ethical crisis in public life. Circumstances of political uncertainty, fueled by the rise of international terror and global financial crisis, have placed the practice of civic virtue under severe strain. Our turbulent times have prompted many people to think less about the "good life" and the "good society" and more about their basic needs for safety and reassurance. Consequently, while prominent public commentators call for the reassertion of civic virtue in the (...) public square, it is very hard to see what basis there can be for its practice in present conditions. This book articulates a new perspective on public morality in uncertain times by defending a radical re-orientation of civic ethics away from the pursuit of the good society and toward the prevention of the great evils of human life. Edyvane makes the following central innovations: Uses the resources of philosophy to help us think about vital social, political, and spiritual questions that have dominated the public conversation of liberal democracies since 9/11; Offers a new perspective on key scholarly debates about civic virtue in a way that provokes disquieting questions about the character of religious diversity and conflict and the nature of foundations of public morality; Develops and deploys a novel intellectual approach by drawing on the insights of art and literature to inform and enrich philosophical enquiry. (shrink)

In the early twentieth century, with the development of Western scientific imperialism, Asia, South America, and Africa became sites for Western scientific exploration. Many paleontological specimens, including dinosaur bones, were discovered in China by foreign scientists and explorers and exported to museums in France, Sweden, and the United States. After the establishment of the Nationalist Government in Nanjing in 1927, anti-imperialist Chinese intellectuals attempted to prevent foreigners from exporting specimens unearthed on Chinese territory. In the summer of 1928, the fossils (...) discovered in the Gobi Desert by the Central Asiatic Expedition of the American Museum of Natural History were detained in China. A series of negotiations ensued between Chinese and American diplomats and scientists over the issues of the ownership of fossils and the format of international scientific collaborations. By studying the interests and stakes for players in the different social worlds involved in the dispute, this essay explores the relations among science, diplomacy, and the politics of deep time. (shrink)

SummaryThe transmission of ideas about sovereignty and its related practices from one time, place, or intellectual context to another is sometimes characterised as a process of ‘diffusion’ or even ‘contagion’. Intellectual historians may use such metaphors but the explanations they provide are historical, not scientific. Sovereignty was transmitted when European states brought their forms of government to other peoples and when those peoples embraced such forms in declaring their independence from imperial rule. It was also transmitted (...) when the idea of sovereignty was itself transformed in the course of these and other historical passages. In Foundations of Modern International Thought, David Armitage explores some of these historical passages, the outcome of which he sees as the world of sovereign states that defines the modern period and the disappearance of which would signal its end. In doing so, he illuminates the larger enterprise of writing the history of international thought or, as he prefers to call it, international intellectual history, inviting reflection on its relationship to other kinds of historical inquiry and the opportunities and dangers it poses. (shrink)

Moderation and liberalism are different and in some cases antagonistic concepts. In recent years, the view that Sieyès’s idea of constituent power is a moderate and liberal rendering of sovereignty has gained acceptance in intellectual history and constitutional theory literature. This claim is based on the premise that radical and illiberal readers of Rousseau’s idea of sovereignty, such as Robespierre and the Jacobins, were opposed to representing the general will (volonté générale). Thus, constituent power as the exercise (...) of power by extraordinary representatives to draft a constitution would be a liberal attempt at political moderation in the French revolution. In contrast to this liberal reading, my analysis shows that Sieyès’s idea of constituent power is an illiberal attempt at political moderation. Against moderate liberal theories, constituent power demands that the extraordinary representatives of the constituent assembly must will, deliberate, and act as if they were the people themselves. These representatives have absolute powers and the mandate to create a constitution but also the imperative to perceive and mirror the sovereign will. From a political theory approach, I conclude that constituent power is not a liberal idea but a key notion of moderate illiberalism that prevailed during the French Revolution. (shrink)

ABSTRACTThis article contributes to the recent historiography on Enlightenment plans for European peace by shedding light on the political and intellectual work of the neglected Spanish minister and intellectual José Carvajal y Lancaster. The article begins by outlining the intellectual context surrounding the War of Spanish Succession, and proceeds to analyse the ways that Carvajal deployed, both in his texts and in power, Enlightenment ideals to reform the Spanish Empire and achieve perpetual peace in Europe. The ideas (...) of his first work, his Testamento Político, revealed the ways that the logic of joint-stock companies could catalyse the reform of the Spanish Empire. His measures in government, in turn, illustrated how international cooperation could be mutually beneficial, but turned on his fraught relationship with the future Marquis of Pombal. Finally, his text Mis Pensamientos, written in 1753, envisaged a formal commercial and political coalition between the Spanish and the British Empires. Carvajal’s vision for European peace was at once utopian and clear-eyed, and the ideas behind his plan persist as demanding questions for our age. (shrink)

Written in the intense political and intellectual tumult of the early years of the Weimar Republic, _Political Theology_ develops the distinctive theory of sovereignty that made Carl Schmitt one of the most significant and controversial political theorists of the twentieth century. Focusing on the relationships among political leadership, the norms of the legal order, and the state of political emergency, Schmitt argues in _Political Theology_ that legal order ultimately rests upon the decisions of the sovereign. According to Schmitt, (...) only the sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability. Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes _Political Theology_ with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions. (shrink)

The title of this book is particularly significant in that Dr. Rushdoony was able to identify the basic contradiction that pervades a secular society that rejects God's sovereignty by still needs law and order, justice, science, and meaning to life. Secular man wants to use the thinks of creation while denying their creator. As Dr. Rushdoony writes, 'there is no law, no society, no justice, no structure, no design, no meaning apart from God.' And so, modern man has become (...) schizophrenic. He wants to assert his autonomy while rejecting the divine order that gives meaning to life. To the humanist, the aim of living is something he calls the 'good life.' For the nihilist, it is violence and death. Dr. Rushdoony saw cultural schizophrenia as a split between thought and feeling, a withdrawal from the reality of God and a flight into fantasies of world government achieved through an unattainable unity. Utopians are undeniably schizophrenic. They want a heaven on earth, which can only be achieved by coercion and enslavement. But perhaps what they really want, as depraved human beings, is coercion and enslavement, and use utopian idealism to deceive and entrap the gullible. Nor is it by accident that the government schools now lavish so much time on death education, which has been marbleized throughout the curriculum. As Dr. Rushdoony writes: 'For man to turn his back on God, therefore, is to turn towards death.' And this is exactly what the government schools have done. Add to this, multiculturalism, transcendental meditation, sensitivity training, explicit sex education, drug education, evolution, behavioral psychology, humanism, whole language, and other such programs, and you get a curriculum that is so profoundly anti-Christian that one wonders how any Christian parent or minister can condone putting a Christian child in a government school from the forward by Samuel L. Blumenfeld. (shrink)

While by no means intending to discount the importance of historical circumstances in motivating Bodin to change his definition of sovereignty, I suggest an alternative way for understanding this change. I study Bodin's writings in the intellectual context of his times, and argue that he proposed his absolutist theory of sovereignty as a way to preserve a minimal point of universal and immutable order for politics in a social world that he perceived as highly disorderly, corrupt and (...) changing. I begin by locating Bodin's thinking within the intellectual context of his times. Like many other sceptics of his generation, including Montaigne, Pasquier and Le Roy, Bodin no longer believed that human laws and society very closely reflected the immutable principles of the divine and natural orders, but instead argued that human affairs were generally detached from these orders and were characterized by a high degree of particularity, variability and mutability. However, in contrast to these more sceptical writers, he was unwilling to accept the possibility that human political order could subsist without some divine and natural foundation. In both the Methodus and Republique he therefore set out to identify a new universal foundation for human laws and society anchored in the divine and natural orders. (shrink)

This book questions what sovereignty looks like when it is de-ontologised; when the nothingness at the heart of claims to sovereignty is unmasked and laid bare. Drawing on critical thinkers in political theology, such as Schmitt, Agamben, Nancy, Blanchot, Paulhan, The Politics of Nothing asks what happens to the political when considered in the frame of the productive potential of the nothing? The answers are framed in terms of the deep intellectual histories at our disposal for considering (...) these fundamental questions, carving out trajectories inspired by, for example, Peter Lombard, Shakespeare and Spinoza. This book offers a series of sensitive and creative reflections that suggest the possibilities offered by thinking through sovereignty via the frame of nihilism. This book was originally published as a special issue of Culture, Theory and Critique. (shrink)

Cultural history's recent treatments of Sieyès’ political theory have understood his political writings in their convergences with and divergences from Rousseau's political theory. By sketching a thoroughgoing analogy between the ecclesiological arguments in Malebranche's Entretiens sur la Métaphysique et sur la Religion (1688) and the arguments that Sieyès offers on the floor of the National Assembly concerning the nature of representation, I suggest that we should recontextualize Sieyès’ speeches vis-à-vis the broader discourse of the ‘general will,’ which was theological at (...) its root. That is, the arguments Sieyès offers for the sovereignty of the National Assembly, separately and in combination, appear to have been shaped by a malebranchiste ecclesiology that grew out of the particular context of the Jansenist challenge to the Church. This argument has ramifications not just for our understanding of Sieyès and revolutionary political theory but also for what have been called the “religious origins of the French Revolution.” ☆ I am grateful to Bill Sewell, Dale Van Kley, Michael Sonenscher, Chris Brooke, and Sam James, for their careful readings and insightful comments at various stages of this project. More generally, I am thankful for the thoughts of the participants of the Cambridge conference in Political Thought and Intellectual History (March 2010). Finally, I thank the anonymous reviewers of History of European Ideas for their comments. (shrink)

The article analyses the development of the idea of sovereignty, which is the result of six centuries of intellectual and political development that began in the early Middle Ages. Having studied the development of this idea from the idea of the plenitudo potestatis of the papacy in Gregory VII to the idea of the sovereign individual in Locke, the authors conclude that the modern understanding of popular sovereignty and the state is a consequence of the modern idea (...) of sovereign individuals that form a political community in the only possible way - on the basis of agreement. (shrink)

The keenly contested debates over the passage from the Middle Ages to modernity have steadily revealed how this transition was itself characterised by tensions and complexities. Narratives and inte...

Ben Holland’s 2017 book The Moral Person of the State: Pufendorf, Sovereignty and Composite Polities provides an alternative interpretation of Samuel Pufendorf’s (1632–1694) theory of the state as...

A translation of Joseph De Maistre's critique of Rousseau providing a historical forum for understanding the intellectual qualities of the counter-revolution from 1792 to 1797. Obviously, De Maistre's arguments were not successful, but they are valuable in terms of exploring Rousseau's ideologies, in particular his belief in the natural goodness of man and popular sovereignty. Although the two men are usually seen as polar opposites, De Maistre's critique reveals ambiguities that make him seem surprisingly more similar than he (...) would have admitted. Lebrun (history, U. of Manitoba) provides a qualitative introduction. Canadian card order number C95-900-929-9. Annotation copyrighted by Book News, Inc., Portland, OR. (shrink)

Waters aries that the demands of indigenous bio-prospecting programs need to be considered against the needs of indigenous communities. Issues of sovereignty and rights to self-determination need to be resolved in the context of negotiating bio-prospecting plans. By setting out clear guidelines and priorities, as determined through the eyes and values of indigenous peoples, indigenous communities may have an opportunity to participate in the global sharing of biomedical information and healing for all our relations. Before any projects get underway, (...) however, social, political, and legal issues ought to be settled so that informed decision can be made on the part of indigenous communities to partake of the invitation to bio-prospecting, or not. (shrink)

Whenever the problem of the relationship between culture and politics is addressed, Julien Benda undoubtedly remains the most frequently mentioned author at the international level. His indictment of the intellectuals’ betrayal is as famous as his speeches to the European nation, published in 1933, about five years later than his widely diffused La Trahison des clercs. Throughout the Discours à la nation européenne, the author explicitly addresses the intellectuals already mentioned in his previous essay and asks them to assume responsibility (...) – becoming protagonists of a new moral revolution. His intention was to reply to Fichte’s well-known Reden an die deutsche Nation. The idea of Europe could be built to transcend nations, manifesting itself as the individual’s renunciation of himself. In this way, the idea of Europe might appear as a ‘moral act’: renouncing the distinct and the finite and turning to unity and infinity. Benda was aware of the possible rise of a type of ‘Europhile nationalism’. To prevent this, he saw it necessary to avoid the closure of the nation and prolong this movement of association so that it might increase its tendency to be inclusive. The political vision of Europe that Julien Benda hoped for should not generate European sovereignty. But, by prompting intellectuals to follow practical and political methods, he consciously exploits their role – stated in La Trahison des clercs – with the hope of building the moral and political framework of a united Europe. (shrink)

In the early iterations of his political thought, The Elements of Law and De Cive, Hobbes proposed a new account of the nature of the people. In Section 2 I describe Pufendorf’s critical response. Pufendorf’s theory of the people is a neglected aspect of the political argument of the De Jure. Just as neglected is Locke’s theory of the people in Two Treatises of Government, though there is better reason for neglect in Locke’s case, in so far as he fails (...) in his major work of political philosophy to present anything resembling a theory of the people at all. In Section 3 I bring Locke’s thinking about the people into clearer focus. In the concluding Section 4 I explore some of the weaknesses of his position. (shrink)

The paper is concerned with disputes over sovereignty and global commerce in the 1760s and 1770s. The eighteenth-century revolution in economic science has been identified with agricultural reforms, and with the definition of national economies. The economists of the time, including Turgot, Mirabeau, Dupont de Nemours, Baudeau and Adam Smith, were also intensely interested in the merchant sovereigns of the French, English and Dutch East India companies, and in the new colonial ventures of the post-Seven Years War period. Their (...) writings on global commerce were sometimes extraordinarily detailed (about herrings, for example, or bye-laws) and often untheoretical. Turgot was for a brief period minister of the navy and of the colonies. The older Mirabeau described the as and the cod of the North Atlantic as But the economists’ writings on global connections were the occasion for some of their most profound reflections on the political consequences of laissez-faire, on theories of sovereignty, on the difficulties of transporting information or instructions over very large distances, and on the changing relationships between power, law and commerce. The disputes over long-distance commerce provide an interesting insight, the paper suggests, into ways of thinking which were at the same time scientific and administrative, global and provincial. (shrink)

Jean Bodin was a figure of great importance in European intellectual history, known as a jurist, associate of kings and courtiers in sixteenth-century France, and author of influential works in the fields of constitutional and social thought, historical writing, witchcraft, and a great deal else besides. Best known for his contribution to formulating the modern doctrine of sovereignty, Bodin was a scholar of exceptional range, whose works provoked controversy in his own time and have continued to do so (...) down the centuries. Hugh Trevor-Roper described him as 'the Aristotle, the Montesquieu of the sixteenth century, the prophet of comparative history, of political theory, of the philosophy of law, of the quantitative theory of money, and of so much else'. (shrink)

Starting with a discussion of the crisis of French national identity that became fully apparent in the 1980s, this article examines the historical paradigm that conditioned the birth of French universalism and ultimately spelt its demise. Identifying as the determining experience the reification/deification of power performed by monarchical absolutism, it examines the evolution of what can be termed after Marcel Gauchet the French `political-intellectual system', with its exclusive emphasis on the ideological legitimacy of power, and highlights the crucial role (...) played by intellectuals in its formation, be it on an oppositional mode. Looking back to the 17th century, it thus identifies in Montaigne's essays and their complex dialectic of order and revolt the fundamental paradox within which French intellectual culture evolved right up to post-structuralism, which, whilst it attempted a most radical critique of the French intellectual mystique, ultimately remained prisoner to its underlying statism. Post-structuralism is thus to be seen as the first manifestation of a profound crisis of French intellectual culture, triggered in the 1970s by the crisis of French republicanism, in the wake of the worldwide decline of national sovereignty. What characterized French political and intellectual culture from its inception was indeed the reductive absorption of the notion of society into that of state, and the concomitant belief in a rational vanguard. However, whilst post-structuralism belongs to a tradition of resistance to the republican legacy of the French Enlightenment, it remains deeply conditioned by the pessimism of its distant Augustinian and Jansenist origins: unable to conceive of any effective social action outside of the state, it condemns itself to the marginality of counter-culture. Rather than a total deconstruction of French universalism, post-structuralism must thus be identified as its last, contradictory manifestation. (shrink)

_Philosophy and Rhetoric, _one of Penn State Press’s longest-running journals, was conceived at a time of immense philosophical upheaval: rhetoric as a field of study—first dismissed by Descartes—was being reexamined after decades of neglect. Now, nearly forty years later, _Philosophy and Rhetoric _continues to hold pride of place in this reinvigorated discipline. The brainchild of Penn State professors Carroll Arnold and Henry Johnstone, _Philosophy and Rhetoric_ boasts work from dozens of international luminaries from a broad spectrum of specializations. To commemorate (...) the fortieth year of publication, current series editor Gerard Hauser assembled a volume of the journal’s most noteworthy articles, beginning with Henry Johnstone’s gem of an essay underscoring the essential relationship between the art of rhetoric and philosophy. Donald Verene elaborates that initial thesis and suggests that rhetoric and philosophy are not distinct entities in conversation, but instead that rhetoric provides a forum in which philosophy can exist. Jean Goodwin looks at the theory in terms of a teacher/student relationship, and Barbara Biesecker looks at how governments in the war on terror employ rhetoric to manipulate the social consciousness. A concluding article by Carroll Arnold casts rhetoric as a dramatic device essential to establishing personal sovereignty. During its forty years, Hauser writes, the journal “radically altered the relationship between philosophy and rhetoric from irreconcilable antagonists to interlocutors in a shared inquiry into the constitutive powers of discourse.” This series of essays brilliantly traces the arc of that accomplishment. (shrink)

In histories of Orthodox Judaism, one often reads the story of a collision between tradition and modernity. Orthodoxy, according to this logic, is a fortress of the old world, which, upon encounter...