This paper argues that it is prudentially wise to defer to groups about how they are essentially constituted and defined. After a few words situating the paper in my greater research project (§1), I articulate the kind of deference I have in mind (§2). Then I offer two conditional arguments on why it is epistemically desirable to let other people tell you how they ought to be identified (§3). The first argument is that people are owed lexical sovereignty because (...) denying it is absurd; the second is that modest skeptics ought to agree with it on the basis of some relatively anodyne and plausible epistemic considerations. (shrink)

Self-sovereign identity solutions implemented on the basis of blockchain technology are seen as alternatives to existing digital identification systems, or even as a foundation of standards for the new global infrastructures for identity management systems. It is argued that ‘self-sovereignty' in this context can be understood as the concept of individual control over identity relevant private data, capacity to choose where such data is stored, and the ability to provide it to those who need to validate it. It is (...) also argued that while it might be appealing to operationalise the concept of ‘self-sovereignty’ in a narrow technical sense, depreciation of moral semantics obscures key challenges and long-term repercussions. Closer attention to the normative substance of the ‘sovereignty’ concept helps to highlight a range of ethical issues pertaining to the changing nature of human identity in the context of ubiquitous private data collection. (shrink)

This article focuses on theoretical reflections on sovereignty and constitutionalism in the context of the globalization and Europeanisation of the nation states, their politics, and legal systems. Starting from a critical assessment of the Kelsen-Schmitt polemic, the author claims that sovereignty needs to be analysed by the sociological method in order to disclose its current structural differentiation. The constitution of society may be imagined as the multitude of self-constituted and functionally differentiated social subsystems. The constitutional pluralism argument subsequently (...) reconceptualizes sovereignty as socially differentiated and divided between specific subsystems. The EU's differentiated constitutional domain and the paradox of divided sovereignty are used as examples of profound structural and semantic changes in contemporary national and transnational societies. While the sovereign nation-state institutions have become marginalized in political structures of European societies, the self-constitutionalization of the functionally differentiated EU legal system proceeds by internalizing the concept of divided sovereignty and using it semantically as its mode of self-reference. (shrink)

Inspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d'Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse. In challenging the dominant meaning-centrism of the international legal discourse and shedding light on the sovereignty of forms, this book promotes a radical new attitude towards textuality (...) in international law. The author offers new perspectives on interpretation, critique, history, comparison, translation and referencing, inviting international lawyers to reinvent their engagement with these discourses. Chapters define meaning and form in international law, explore deferral of meaning and make an unprecedented use of post-structuralist theory to rethink international law. After Meaning will be an essential reference point for legal scholars, researchers and students who seek to understand a different way of thinking about meaning in international law. The book's engagement with post-structuralism will also prove beneficial to anyone interested in the philosophy of language and literary theory. (shrink)

Cultural heritage, which serves as a substratum of national identity, forms the right of the state to its own sovereignty. The substantiated proof of the possibility of independence from other cultures and nations has relatively recently entered the conceptual field of the philosophy of culture. In January 2023, significant changes made to the Foundations of the state Cultural Policy took into account the concept of cultural sovereignty and, to the necessary extent, justified its high importance for the development (...) of the state and society. The fundamental role of culture in the creation and development of the state has been repeatedly recognized as one of the priorities. It should be noted that even later this priority was not a Russian regulatory novel. The purpose of the study is to consider a range of concepts and legal novels reflecting the sphere of cultural heritage. The long-term work of an extensive circle of philosophers and culturologists has been crowned with the recognition of the value of culture in the system of state regulation of various spheres of human activity. As a result of the research, the conclusion is made about the relevance and timeliness of the implementation of the most important philosophical concepts in strategic planning documents and the high potential practical significance of the actualization of cultural heritage in order to achieve the results of the state cultural policy. In conclusion, it is noted that heritage as a cultural phenomenon has direct access to its semantic and value core. The preservation of cultural identity through the consistent building of cultural sovereignty is one of the most important priorities of modern state policy. (shrink)

This article addresses the modern concept of sovereignty as a multivocal and conflictual semantic field, arguing for the necessity to trace its genealogy based on the structural tensions that haunt its logical framework – as well as its representations – rather than on a linear historiographic reconstruction. In particular, the scrutiny I propose aims to examine a series of exchanges that have been characterizing this concept since the beginning: the global and the European, the maritime and the territorial, (...) the colony and the state, the imperial and the proprietary. The problematic balance between ‘imperium’ and ‘dominium’ is indeed assumed here as the turning point of the rise of a sovereign power that appears to be originally rooted in the very production and governance of the global space, thus giving up all possible Eurocentric narratives of modernity. To illustrate my argument, I focus on the frontispieces to three of Thomas Hobbes’s most important books, that is, his translation of Thucydides’ Peloponnesian Wars, De Cive and Leviathan. A thorough analysis of these images enables us to understand how these lines of force traverse the very heart of modern European political concepts, along with the mirroring effects that constantly bounce their normative construction of subjectivity back and forth from the periphery to the centre and, ultimately, from the market to the state. (shrink)

This article addresses the modern concept of sovereignty as a multivocal and conflictual semantic field, arguing for the necessity to trace its genealogy based on the structural tensions that haunt its logical framework – as well as its representations – rather than on a linear historiographic reconstruction. In particular, the scrutiny I propose aims to examine a series of exchanges that have been characterizing this concept since the beginning: the global and the European, the maritime and the territorial, (...) the colony and the state, the imperial and the proprietary. The problematic balance between ‘imperium’ and ‘dominium’ is indeed assumed here as the turning point of the rise of a sovereign power that appears to be originally rooted in the very production and governance of the global space, thus giving up all possible Eurocentric narratives of modernity. To illustrate my argument, I focus on the frontispieces to three of Thomas Hobbes’s most important books, that is, his translation of Thucydides’ Peloponnesian Wars, De Cive and Leviathan. A thorough analysis of these images enables us to understand how these lines of force traverse the very heart of modern European political concepts, along with the mirroring effects that constantly bounce their normative construction of subjectivity back and forth from the periphery to the centre and, ultimately, from the market to the state. (shrink)

This article addresses the modern concept of sovereignty as a multivocal and conflictual semantic field, arguing for the necessity to trace its genealogy based on the structural tensions that haunt its logical framework – as well as its representations – rather than on a linear historiographic reconstruction. In particular, the scrutiny I propose aims to examine a series of exchanges that have been characterizing this concept since the beginning: the global and the European, the maritime and the territorial, (...) the colony and the state, the imperial and the proprietary. The problematic balance between ‘imperium’ and ‘dominium’ is indeed assumed here as the turning point of the rise of a sovereign power that appears to be originally rooted in the very production and governance of the global space, thus giving up all possible Eurocentric narratives of modernity. To illustrate my argument, I focus on the frontispieces to three of Thomas Hobbes’s most important books, that is, his translation of Thucydides’ Peloponnesian Wars, De Cive and Leviathan. A thorough analysis of these images enables us to understand how these lines of force traverse the very heart of modern European political concepts, along with the mirroring effects that constantly bounce their normative construction of subjectivity back and forth from the periphery to the centre and, ultimately, from the market to the state. (shrink)

Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics.Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be 'believed' by the subjects and the political élites. Such a communicative orientation of constitutional processesbecame palpable in the 'religious' affinities of the constitutional preambles. They were held (...) as 'creeds' of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees. The communication dependency of constitutions was of less concern in terms of the preamble than the constituents' big worries about government organisation. Their indecisiveness between monarchical and popular sovereignty was established through the discrediting of the Republic in the Jacobean reign of terror and the 'renaissance' of the monarchy in the military resistance against the French revolutionary and later Napoleonic campaigns. The constitutional formation as a legal act of constituting could therefore defend the monarchy from the threat of the people (Albertine Statute 1848), could be a legal decision of a national constituent assembly (Belgian Constitution 1831), could borrow from the old liberties (Polish May Constitution 1791) or try to remain in between by referring to the Nation as sovereign (French September Constitution 1791, Cádiz Constitution 1812). Common to all contexts is the use of national sovereignty as a legal starting point. The consequent differentiation between constituent and constituted power manages to justify the self-commitment of political power in legal terms. National sovereignty is the synonym for the juridification of sovereignty by means of the constitution. The novelty of the constitutions of the late 18th and 19th century is the normativity, the positivity of the constitutional law as one unified law, to be the measure for the legality of all other law. Therefore ReConFort will continue with the precedence of constitution. (www.reconfort.eu). (shrink)