Social liberals and liberal nationalists often argue that cosmopolitans neglect the normative importance of state sovereignty and self-determination. This paper counter-argues that, under current global political and socio-economic circumstances, only the establishment of supranational institutions with some (limited, but significant) sovereign powers can allow states to exercise sovereignty, and peoples? self-determination, in a meaningful way. Social liberals have largely neglected this point because they have focused on an unduly narrow, mainly negative, conception of state sovereignty. I (...) contend, instead, that we should more closely consider the positive aspects of sovereignty, understood as the capacity to maintain internal problem-solving capacities and make meaningful discretionary choices on a range of national issues. (shrink)

A genealogical account of state sovereignty explores the ways in which the concept has emerged, evolved, and is in decline today. Sovereignty has a theological foundation, and is deeply bound up with the idea of God, in particular a voluntarist God, presented as being capable of intervening directly in the world. Religious conflicts in the sixteenth and seventeenth centuries forced the separation between religion and politics, and opened the space for the emergence of a national state endowed with (...) sovereignty which has dominated the world until now. Today’s rise of international and transnational obligations challenges the conventional understanding of state sovereignty, which cannot account for the normative density of the global order and the corresponding decline of state-based political authority. In order to explain that, I contrast two competing understandings of state sovereignty: a static one and a dynamic one. The static understanding regards sovereignty as absolute within the state territory. The dynamic understanding regards sovereignty as evolutionary: according to this account, the state is just one possible form that sovereignty can take. I conclude by suggesting that the dynamic understanding of state sovereignty is better suited to explaining the decline of state sovereignty. (shrink)

This paper examines the relationship between climate movements and states in climate governance, suggesting that movements may improve their political output by adopting a sovereignty-based, democratic framing of their agenda. The ambivalent attitude of climate movements and Green Deal supporters concerning the desired role of states is reconstructed. Moreover, a multidisciplinary review of the literature supporting a “return of the state” in climate politics is offered. Drawing on the critical literature on neoliberal environmentalism and the role of (...) states within globalization, as well as considering issues such as equality, accountability, and scale of the transition process, this paper advocates for a non-nationalistic, democratic understanding of sovereignty as crucial for an efficient and fair green transition. It particularly emphasizes the need to revive the distinction between public interest and private gain and provide a bridge between subaltern agendas and climate movements’ goals in order to successfully envision a post-neoliberal climate governance model. (shrink)

Following Hannah Arendt's work on totalitarianism, the first part of the paper gives an account of the historical advances of the republican nation state that was born during the constitutional revolutions in France and America at the end of the eighteenth century. This state has organised an efficient solidarity among strangers by means of democratic legislation. The European nation state was particular and universal at once. As Arendt could demonstrate on the Dreyfus affair, republicanism of a specific people was based (...) on the Jacobean patriotism of universal human rights. In the second part an explanation is laid out for the destruction of the European nation state during the first fifty years of the nineteenth century. Beginning with Arendt's thesis on the imperialist society that blurred the borders of state, this thesis is revised with reference to the sociological theory of modern society (Luhmann, Habermas). The last part then turns to the rebirth of the nation state after World War Two and the postimperialist development of globalisation at the same time. Again progress in globalising human rights and civil society is threatened by the uncontrolled expansion of capital and power. The lasting problem is to find any regional or global functional equivalent for the democratic rule of law that for so long only worked on the level of the nation state. (shrink)

This is a controversial work of applied legal theory, addressing urgent contemporary questions about law and the state, about the character of the UK as a state, and about the juridical character of the European Union.

L’étude de l’empire a connu récemment un regain d’intérêt, même si (et peut-être parce que) sa définition pose problème. Elle permet en effet d’étudier plusieurs aspects du pouvoir symbolique : les formes d’administration, les modes d’appropriation d’un territoire, les intensités de la souveraineté, les marquages spatiaux de la domination, etc. L’empire de Charles Quint représente de ce point de vue un modèle heuristique, dans la mesure où l’empereur s’est rapidement trouvé confronté au gouvernement de territoires éloignés, de statuts différents, mais (...) rassemblés dans l’aspiration universelle de l’empire chrétien. (shrink)

While the immediate aim of Walter Benjamin’s famous essay, “Critique of Violence,” is to provide a critique of legal violence, commentators typically interpret it as providing a further critique of state violence. However, this interpretation often receives no further argument, and it remains unclear whether Benjamin’s essay may prove analytically relevant for a critique of state violence today. This paper argues that the “Critique” proves thusly relevant, but only on condition that it is developed in two directions. The first direction (...) is conceptual, and consists in an explanation of the necessary relationship between states and violence. This explanation is found by appealing to a concept not cited in Benjamin’s text, but which, I argue, remains its implicit basis: sovereignty. According to this conceptual development, state violence is the necessary result of the state's attempt to maintain its sovereign law at the expense of emancipatory struggles to generate non-sovereign law. The second direction is genealogical, and consists in destabilizing the modern belief that justice is best served through the judicial channels of a sovereign state. Here I employ Michel Foucault’s genealogical research to demonstrate the historical contingency of state justice and, by extension, the possibility of a justice beyond the state. (shrink)

On the State of Nature and On the Sovereignty of the People are Maistre's most comprehensive treatment of Rousseau's ideas and his most sustained critique of the ideological foundations of the revolution. On the State of Nature, a detailed critique of Rousseau's Discourse on the Origin and Foundations of Inequality, focuses on Rousseau's belief in the natural goodness of man; On the Sovereignty of the People, a critique of Social Contract, explores Rousseau's theory of popular sovereignty. In (...) Maistre's eyes Rousseau encouraged the socially destructive individualism that lay at the heart of the French Revolution. However, the essays reveal some surprising ambiguities in the relationship between two seminal thinkers who are usually thought of as polar opposites, suggesting that Maistre's vision was more akin to Rousseau's than he would have admitted. Against Rousseau offers valuable insights into the evolution of Maistre's counter-revolutionary ideas during the crucial years of 1792-97 and illustrates his remarkable insights into society and politics. It is vital to any consideration of his thought or the counter-revolutionary movement in eighteenth-century France. (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)

The framing of the debate concerning sovereignty in terms of the dualism of retention or rejection conceals the floating character of sovereignty and constrains the capacity of the state to mutate, adapt and respond adequately to the diverse and complex processes which range in, through and above it. The paper develops the idea of floating sovereignty by putting forward four main propositions: (i) sovereignty's historical entanglement with statehood makes it unsuitable for non‐state political organisations; (ii) although (...) the state has been the necessary condition for sovereignty, the latter is no longer necessary for the evolution of the state; (iii) the traditional ideological function performed by sovereignty, namely the legitimation of state power, could be performed by other organizing principles which prioritize governmental efficiency over territorial extent and democratic criteria over nationalist ones; (iv) this means that the state will no longer be in a position to command the loyalty of its citizens but it would have to purchase it through its capacity to meet social needs, to fulfil its basic functions and through the normative qualities of its institutions and policies. Three institutional designs in core areas of ‘high politics’, that is, the fields of determination of nationality, immigration policy and foreign and security policy show how floating sovereignty could be implemented. (shrink)

This article explores the relationship between metaphysical problems and political theorizing in G.W.F. Hegel’s thought. It argues that his Logic responded to the philosophical problem of the universal in ways which came to deeply influence his thinking about an ideal equilibrium between state and citizen in the Philosophy of Right and elaborate on how it acts as a conceptual touchstone for the legitimacy of rule in his vision of political life. This approach seeks to overcome a trend in Hegel studies (...) that has often denied or neglected the deep connection between his respective philosophical and political contributions. (shrink)

This paper aims to make better sense of Hegel’s Philosophy of Objective Spirit and defend it against the charge of political conservatism and optimism. I will argue for the left Hegelian position in the theological-philosophical respect, thereby leaving the left-right divide in the social-political respect largely open. I will explain that Hegel’s commitment to the inherent rationality of the state and the course of human history as the progress of freedom does not imply blind optimism, since his thesis is not (...) to be taken as a factual description. Hegel’s point is rather a conceptual one: to comprehend the human world means to comprehend it as a holistically rational entity and process, which is the essential nature of comprehending in the context of the humanities. I will further clarify Hegel’s point by introducing relevant ideas from contemporary philosophy of mind and language, comparing it in particular with Davidson’s principle of charity. (shrink)

Iris Murdoch held that states of mind and character are of the first moral importance, and that attention to one's states of mind and character are a widespread source of moral failure. Maintaining both of these claims can lead to problems in the account of how one could become good. This paper explains the way in which Murdoch negotiated those problems, focusing, in particular on /The Sovereignty of Good/ and /The Nice and The Good/.

Together with Plato's Republic, Jean-Jacques Rousseau's Social Contact is regarded as one of the most original examples of Utopian political engineering in the history of ideas. Similar to the Republic, Rousseau's Social Contract is better known today for its author's idiosyncratic view of political justice than its lessons on law-making or governance in any concrete sense. Challenging this common view, Rousseau, Law and the Sovereignty of the People examines the Genevan's contribution as a constitutionalist and builder of institutions, relating (...) his major ideas to issues and debates in twenty-first century political science. Ethan Putterman explores how Rousseau's just state would actually operate, investigating how laws would be drafted, ratified and executed, arguing that the theory of the Social Contract is more pragmatic and populist than many scholars assume today"--Provided by publisher. (shrink)

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)

How should a state be? Normative debates on state classification have long been central to European history, yet in her new book Natasha Wheatley offers a surprising variation on this theme by sugg...

Recent discussions about global justice have focused on arguments that favor the inclusion of political and social rights within the set of human rights. By doing so, these discussions raise the issue of the existence of specific rights enjoyed exclusively by citizens of a given community. This article deals with the problem of distinguishing between human and citizen rights. Specifically, it proposes a new concept of citizen rights that is based on what I call ‘the stockholder principle’: a principle of (...) solidarity that holds within a specific country. This concept, the paper goes on to argue, is compatible with a broad idea of human rights defined by international law and enforced according to territorial authority. The stockholder principle is further compatible with the psychological concept of citizenship based on a specific collective identity and it leads to fair consequences at the domestic and global levels. (shrink)

States are believed to be the paradigmatic instances of legitimate political authority. But is their prominence justified? The classic concept of state sovereignty predicts the danger of a fatal deadlock among conflicting authorities unless there is an ultimate authority within a given jurisdiction. This scenario is misguided because the notion of an ultimate authority is conceptually unclear. The exercise of authority is multidimensional and multiattributive, and to understand the relations among authorities we need to analyse this complexity into (...) its different aspects. Instead of ultimate authorities we can have actors endowed with superior authority over others in one regard, but not necessarily in another. And this limited superiority is sufficient for resolving conflicts. There is no need for ultimate authorities. Having discarded the notion of sovereignty we can embrace a different conception of legitimate authority, one that is not interested in the pedigree of actors, but in their capacity to serve its subjects. If states wish to retain their central role in the domain of political authority, they will have to earn it. (shrink)

Reading and writing must be more than passive processes of mimetic display; rather, they should offer a platform for psychological transformations across race and gender. Thus literary sovereignty vis-à-vis ownership of creative expression and representations of self can be reclaimed. This essay offers close analysis of contemporary Australian Indigenous literature to explore the sovereignty of feminist psychologies. Does creative writing reflect a strengthening of female Indigenous psychologies, and how might this implicate race relations and the decolonization of textual (...) worlds? These questions are inspired by Alexis Wright's most recent novel The Swan Book where she writes about “the quest to regain sovereignty over [her] own brain.” This article will explore the term craziness in a metaphorical sense: looking at whether rejecting dominant white culture equates to psychological sovereignty, improved mental well-being, and better race relations in imaginary realms. Indigenous characters in Wright's The Swan Book and Marie Munkara's Every Secret Thing may appear “crazy” for living in a state of indifference, but paradoxically, it is this state of “craziness” or indifference that empowers them to find psychological peace and resist assimilation. Seeking psychological sovereignty means assuming a position so averse to patriarchy and colonization that it renders transformation in imaginary worlds, and urges transformation in the psyches of white readers too. (shrink)

Indigenous peoples encounter restrictions on their modes of reasoning and account-giving within democratic sites of negotiation and deliberation. Political theorists understand these restrictions as forms of exclusion related to what theorist Iris Young has called the ‘internal exclusion’ of subordinated perspectives and theorist James Bohman has referred to as the ‘asymmetrical inclusion’ of such perspectives. ‘Internal exclusion’ refers to ways in which actors are formally accepted into decision-making processes, only to find their perspectives disqualified due to informal but no less (...) pervasive criteria of exclusion. ‘Asymmetrical inclusion’ refers to the undue burdens placed on marginalized peoples to persuade dominant communities. It is argued in light of these problems that more inclusive institutions as well as the cultivation of an ethos of receptivity will be necessary for genuine inclusion. I argue that this focus on enriching dialogue can mischaracterize the nature of disagreement between Indigenous and non-Indigenous peoples.Disagreement does not only arise between opinions or discourses that can be articulated and judged, but also at a deeper level, between the background assumptions against which practices of articulation and judgment are understood. Territorial state sovereignty, I argue, is a background understanding that can render sites of democratic negotiation inhospitable to Indigenous claims. I conclude that when thinking through Indigenous equality and autonomy, theorists should be attuned to the sites and conditions of dialogue that might serve to reinscribe relations of domination and exclusion. (shrink)

This book explores the ways that international politics is a form of interspecies politics, one that involves the interactions, ideas, and practices of multiple species, both human and nonhuman, to generate differences and create commonalities. While we frequently think of having an international politics "of" the environment, a deep and thoroughgoing anthropocentrism guides our idea of what political life can be, which prevents us from thinking about a politics "with" the environment. This anthropocentric assumption about politics drives both ecological degradation (...) and deep forms of interhuman injustice and hierarchy. Interspecies Politics challenges that assumption, arguing that a truly ecological account of interstate life requires us to think about politics as an activity that crosses species lines. It therefore explores a postanthropocentric account of international politics, focusing on a series of cases and interspecies practices in the American borderlands, ranging from the US-Mexico border in southern Texas, to Guantánamo Bay in Cuba, to Isle Royale, near the US-Canadian border. The book draws on international relations, environmental political theory, anthropology, and animal studies, to show how key international dimensions of states-sovereignty, territory, security, rights-are better understood as forms of interspecies assemblage that both generate new forms of multispecies inclusion, and structure forms of violence and hierarchy against human and nonhuman alike. (shrink)

Considers the problems of sovereignty through the work of Rousseau, Arendt, Foucault, Agamben, and Derrida.

This article defends state sovereignty as necessary for a form of popular sovereignty capable of realising the republican value of non-domination and argues it remains achievable and normatively warranted in an interconnected world. Many scholars, including certain republicans, contend that the external sovereignty of states can no longer be maintained or justified in such circumstances. Consequently, we must abandon the sovereignty of states and reconceive popular sovereignty on a different basis. Some argue (...) class='Hi'>sovereignty must be displaced upwards to a more global state, while others advocate it be vertically and horizontally dispersed to units below, across and above the state. Each group offers a related vision of the European Union to illustrate their proposals. Both these arguments are criticised as more likely to produce than reduce domination because neither can sustain a form of popular sovereignty capable of instantiating relations of non-domination. This article proposes the alternative of a republican association of sovereign states that allows sovereign states and their peoples to mutually regulate their external sovereignty in non-dominating ways. This alternative proposal provides a more plausible and defensible means for sustaining the requisite kind of popular sovereignty in contemporary conditions and a more appropriate vision of the European Union. (shrink)

Most contemporary political theories of sovereignty – from Giorgio Agamben to Achille Mbembe – have argued that the emergency powers claimed by the Bush administration under the auspices of the War on Terror epitomized what Carl Schmitt calls a state of exception. If so, I argue, perhaps it is time for new visions of sovereignty to emerge, ones attendant to the eccentricities of the present conjuncture. Occupy Wall Street and the Arab Spring are but two obvious examples of (...) counterpublics that seem to have presented new modalities of sovereign life worth reflecting upon. Hardly states of exception, these are scenes of sovereignty that are more fraught and precarious, more democratic. I argue that the theories of sovereignty of George Bataille and Frantz Fanon may hold clues for coming to terms with these new sovereign scenes. Though often under-emphasized in the scholarly literature on Bataille and Fanon, for both thinkers sovereignty is a condition of existence, an expression of a surreal mode of esthetic experience and poetic beauty. I argue that drawing attention to the comparison of the political thought of Bataille and Fanon, and especially to the value of surrealism for contemporary political theory generally, holds promise for those of us interested in challenging the Schmittian consensus. At stake is a refreshed understanding of sovereignty, not as norm or exception, but as a condition of political life lived by everyday subjects caught in a surreal state in-between. (shrink)

In prosecuting the war on terror, the Bush Administration asserts that the protections inherent in state sovereignty do not apply to state sponsors of terrorism. I examine three elements of normative arguments to assess the administration's policies. The administration sought to delegitmize terrorism by underscoring the uncivilized nature of terrorist acts. It sought to link the war on terror to efforts to prohibit the spread of weapons of mass destruction (WMD), and to frame the invasion of Iraq as central (...) to this war. Finally, the administration proposed new international standards of behavior by arguing that state sponsors of terrorism should be held accountable for terrorist acts planned on their territory, and by seeking to link the protections against intervention inherent in the sovereignty norm to this behavior. Despite initial support for delegitmizing terrorism, the US attempt to frame the war on terror as linked to WMD and Iraq met with skepticism, and it faced fierce competition from alternate frames with regard to Iraq. Finally, the invasion of Iraq stimulated resistance to US policy on normative grounds, with particular concern about the consequences for the sovereignty norm. (shrink)

Determining who, or indeed what, is to respond to prescriptions for action in cases of international crisis is a critical endeavor. Without such an allocation of responsibilities, calls to action–whether to protect the environment or to rescue distant strangers–lack specified agents, and, therefore, any meaningful indication of how they might be met. A fundamental step in arriving at this distribution of duties is identifying moral agents in international relations, or, in other words, identifying those bodies that can deliberate and act (...) and thereby respond to ethical guidelines. Often, the most effective and relevant moral agents in international relations are not individuals but institutions. However, it is necessary to qualify any claim that institutions can bear duties in international relations. Not only must they possess capacities for decision-making and purposive action, they must also enjoy the conditions under which specific duties can be discharged. The importance of this latter stipulation can be usefully illustrated by examining the disparate circumstances within which states–those that exercise positive sovereignty and those that are sovereign only in name–are expected to act. (shrink)

During the final decade of his life, Jacques Derrida came to use the trope of autoimmunity with greater and greater frequency. Indeed it today appears that autoimmunity was to have been the last iteration of what for more than forty years Derrida called deconstruction. This essay looks at the consequences of this terminological shift for our understanding not only of Derrida's final works (such as Rogues) but of his entire corpus. By taking up a term from the biological sciences that (...) describes the process by which an organism turns in quasi-suicidal fashion against its own self-protection, Derrida was able to rethink the very notion of life otherwise and demonstrate the way in which every sovereign identity, from the self to the nation-state to, most provocatively, God, is open to a process that both threatens to destroy it and gives it its only chance of living on. (shrink)

When officials of some political society portray their state as legitimate - and when do they not! - they intend to be laying claim to a large body of rights, the rights in which their state's legitimacy allegedly consists. The rights claimed are minimally those that states must exercise if they are to retain effective control over their territories and populations in a world composed of numerous autonomous states. Often the rights states are trying to claim in (...) asserting their legitimacy go far beyond this minimum. But whether a state's claims are modest or extravagant, the rights claimed invariably fall into three categories. The first category is a set of rights held over or against those persons who fall within the state's claimed legal jurisdiction - what I will call rights over subjects. The second is a set of rights claimed against those persons without the state's jurisdiction - what we can call rights against aliens. And the third category is a set of rights held over a particular geographical territory (whose extent largely determines the scope of the state's jurisdiction) - call these rights over territory. The rights states claim in these three categories jointly define their conception of the sovereignty that they (or their governments or institutions) enjoy, sovereignty that is more extensive (strong, absolute) as the rights asserted in these categories are more numerous and wide-ranging. It is principally on the third of these categories - on the nature and possible moral bases for the claims states make over geographical territories - that I will focus in this essay. The modern state is a territorial entity, and it claims to be legitimately so. Sidgwick was surely correct when he wrote that "it seems essential to the modern conception of a State that its government should exercise supreme dominion over a particular portion of the earth's surface ... Indeed, in modern political thought the connection between a political society and its territory is so close that the two notions almost blend." Common sense seems to view the territoriality of the modern state as natural and unquestionable. That, perhaps, explains why so little has been written, either by contemporary theorists or by the authors of the classics of modern political philosophy, on the moral bases of the modern state's claimed rights over territory. States typically claim not only legal authority over their territories (i.e., that their rights over those territories should be affirmed by international law), but moral authority as well - at the very least insofar as the relevant principles of international law are thought themselves to have moral weight. My concern here, then, will be with the possible moral bases for the kinds of claims made over geographical territories by typical modern states. (shrink)

Abstract: The article aims to sharpen the neo-republican contribution to international political thought by challenging Pettit’s view that only representative states may raise a valid claim to non-domination in their external relations. The argument proceeds in two steps: First I show that, conceptually speaking, the domination of states, whether representative or not, implies dominating the collective people at least in its fundamental, constitutive power. Secondly, the domination of states – and thus of their peoples – cannot be (...) justified normatively in the name of promoting individual non-domination because such a compensatory rationale misconceives the notion of domination in terms of a discrete exercise of power instead of as an ongoing power relation. This speaks in favour of a more inclusive law of peoples than Pettit (just as his liberal counterpart Rawls) envisages: In order to accommodate the claim of collective peoples to non-domination it has to recognize every state as a member of the international order. (shrink)

I am skeptical of our ability to predict, or even forecast, the future—of human rights or any other important social practice. Nonetheless, an understanding of the paths that have brought us to where we are today can facilitate thinking about the future. Thus, I approach the topic by examining the reshaping of international ideas and practices of state sovereignty and human rights since the end of World War II. I argue that in the initial decades after the war, international (...) society constructed an absolutist conception of exclusive territorial jurisdiction that was fundamentally antagonistic to international human rights. At the same time, though, human rights were for the first time included among the fundamental norms of international society. And over the past two decades, dominant understandings of sovereignty have become less absolutist and more human rights–friendly, a trend that I suggest is likely to continue to develop, modestly, in the coming years. (shrink)

‘The deep state’ is a theme in a recent conspiracy theory according to which opaque segments of the public administration prevent the will of the people from being fully reflected in public policy...

‘The deep state’ is a theme in a recent conspiracy theory according to which opaque segments of the public administration prevent the will of the people from being fully reflected in public policy...