This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. This combination leads to internal contradictions in theorizing about law and rights in Russian legal culture.

The thesis of political theology holds that all justificatory theories of the state rely on metaphysical assumptions, rather than just empirical facts and accepted political conventions. For this reason, the thesis challenges liberal theories that justify the state on the basis of individual autonomy and popular will. The thesis is controversial because many theorists believe that metaphysical assumptions introduce decisionism – the view that a state depends on the unrestrained personal decision of a ruler – to the theory of (...) the state. But, does political theology entail decisionism? This article argues that decisionism does not follow necessarily from political theology because an omnipotent deciding sovereign is only one of many possible metaphysical assumptions in theology. It illustrates this claim with examples from the philosophy of Nicholas Cusanus and process philosophy. This conclusion challenges two different entrenched views: first, that the modern state is a continuation of theistic beliefs; and second, that metaphysical discussions have no place in contemporary normative political theory. (shrink)

ABSTRACT This article examines the prominent Japanese postwar thinker Maruyama Masao’s critical engagement with his contemporary German legal theorist Carl Schmitt. Maruyama engaged with Schmitt’s decisionistic notion of “the political” and sovereignty since he found it useful in addressing the pathological elements of Japanese political culture, namely, the widespread political passivity and fatalistic ethos of the Japanese public. In his view, such a “decision-avoiding” political culture, which had contributed to the rise of fascism in interwar and wartime Japan, posed a (...) fundamental threat to the viability of Japan’s postwar democracy. Although Maruyama objected to Schmitt’s authoritarian theory of political leadership, he nevertheless believed Schmitt provided important insights into the key concepts of modern politics, such as political agency and the constituent power of the people. In his efforts to foster political subjectivity and liberal individuality in postwar Japan, Maruyama attempted to strike a balance between two extremes: Schmittian normless decisionism, on the one hand, and a politically naïve liberal constitutionalism, on the other. I conclude by suggesting that the hitherto overlooked intellectual affinity between Maruyama and one of the leading Weimar-era constitutional theorists—Hermann Heller—can enrich our understanding of Maruyama’s unceasing effort to formulate and insist on the imperative role of political subjectivity and liberal individuality in consolidating liberal democracy in postwar Japan. (shrink)

They are forged either by the arbitrary acts of a radically free human subject ("decisionism," the position of the early Heidegger) or by the equally arbitrary dispensations of the unrestricted power of Being, which is beyond the capability of reason to comprehend ("quietism," the position of the later Heidegger). Both positions, Heidegger's opponents contend, amount to amoral irrationalism.".

The thesis of political theology holds that all justificatory theories of the state rely on metaphysical assumptions, rather than just empirical facts and accepted political conventions. For this reason, the thesis challenges liberal theories that justify the state on the basis of individual autonomy and popular will. The thesis is controversial because many theorists believe that metaphysical assumptions introduce decisionism – the view that a state depends on the unrestrained personal decision of a ruler – to the theory of (...) the state. But, does political theology entail decisionism? This article argues that decisionism does not follow necessarily from political theology because an omnipotent deciding sovereign is only one of many possible metaphysical assumptions in theology. It illustrates this claim with examples from the philosophy of Nicholas Cusanus and process philosophy. This conclusion challenges two different entrenched views: first, that the modern state is a continuation of theistic beliefs; and second, that metaphysical discussions have no place in contemporary normative political theory. (shrink)

The N ational Assembly held in the Frankfurt Paulskirche in 1848, which opened w ith high hopes for the unification o f Germ any on parliam entary constitutional principles, was left to die a year later, in the telling phrase o f D onoso Cortes, ‘like a street w om an in the gu tter’. In the period o f reaction that followed, during w hich the Paulskirche convention came to be described as the ‘parliam ent o f pro­ fessors’, (...) one o f its m em bers, Georg G ottfried Gervinus, was accused, in a trial for high treason, o f attem pting to prove the historical inevitability o f the supersession o f monarchical forms by republican forms. This was Gervinus’s second experience as a professorial m artyr. In 1837 he had been one o f the professors at the U niversity o f G ottingen, the ‘Gottingen Seven’, w ho protested the revocation o f the H anoverian constitution. For this he had been banished and given three days to leave the kingdom. The lesson he, and m any other liberal thinkers, learned from these experiences was that the Germ an middle classes were incapable o f perform ing the historical role assigned to them; they lacked the political will to establish a republican order. (shrink)

Abraham Lincoln’s hallowed place in American memory is secure: He saved the Union, put an end to slavery, and was assassinated for these very successes. At the same time, Lincoln’s many undeniable achievements came at terrible—and lasting—democratic cost. Informed by the work of Carl Schmitt and Giorgio Agamben, this essay aspires to illuminate that cost by analyzing two cases where Lincoln exercised a sovereign decisionism—one involving the exile of Ohio politician Clement Vallandigham for publicly opposing the Civil War and (...) the draft, a second involving the mass execution of Dakota Sioux Indians for daring to rise up and enact their own sovereign prerogatives during the war. This decisionism reveals Lincoln’s problematic resort to anti-political practices to deal with adversaries. Given the damage Lincoln did to American democracy, the essay also investigates what he might have done to make amends for it. Finally, it explores how Lincoln’s place in American history might be remembered more agonistically, architecturally speaking, on the Mall in Washington, D.C. (shrink)

This article suggests that humanism is a decisionism in contemporary critical political theory. Despite obvious and multiple differences, leading critical theorists like Giorgio Agamben, Slavoj Žižek, Eric Santner, and Jürgen Habermas, among others, share an investment in stabilizing the human being as a ground of the political. This stabilization of the human should concern political theorists, as this article argues, because it uncritically reproduces conceptual affinities between the notion of the human being and sovereign authority. By investing in the (...) stability and centrality of the human being, these theorists perform what will be called, paraphrasing an often neglected argument by Carl Schmitt, a decision to be human. Contrary to conventional wisdom, I argue that Schmitt’s decisionism is not merely circumscribed to sovereignty’s juridico-political dimension, but that it also includes a peculiar commitment to God’s decision to become human in Christ. Against this decisionism as humanism, the article draws on Walter Benjamin, Roberto Esposito, and Jacques Derrida to propose an alternative politics that destabilizes humanity and sovereignty through the emergence of the animal, or what will be called melancholic lycanthropy. (shrink)

This paper defends Heidegger's account of resolute self-choice against the ubiquitous Decisionism Critique [DC]. According to DC, Heidegger's discussion of resoluteness commits him to an indefensible position in which resolute Dasein is said to choose who it will be without recourse to any reasons or evaluative standards. In response, I argue that DC is based on a misunderstanding of some of the key arguments of Being and Time . I then offer an alternative portrait of Heidegger's account of resolute (...) self-choice and argue that such choice will involve both 1) the consideration of factical claims as reasons that count in favor of a particular way of life and 2) the evaluation of these reasons in light of at least three deliberative standards. Thus, I argue that DC is misguided and needs to be replaced by an interpretation rooted in a more complete understanding of Heidegger's project. (shrink)

ExcerptI. Introduction The German political philosopher Carl Schmitt belongs to the class of political theorists, who maintain a tradition of separating the political from the moral.1 Drawing on the standard interpretation of Machiavelli2 and following the thinking of Hobbes,3 Schmitt makes two central claims that define his political theorization. The first claim is that the sovereign should possess “the monopoly to decide” what constitutes public order and security; the second claim is the use of the “friend-enemy” metaphor to characterize the (...) political.4 If the two claims are taken together, the logical corollary is that, on the…. (shrink)

Since 1945 Western nations have witnessed a dramatic reduction in the variety of positions in political theory and jurisprudence. Political argument has been virtually reduced to contests within liberal-democratic theory. Even radicals now take representative democracy as their unquestioned point of departure. There are, of course, some benefits following from this restriction of political debate. Fascist, Nazi and Stalinist political ideologies are now beyond the pale. But the hegemony of liberal-democratic political argument tends to obscure the fact that we are (...) thinking in terms which were already obsolete at die end of the 19th century. (shrink)

Constellations, Volume 28, Issue 3, Page 350-367, September 2021.

My critical comments on Part I of P. J. E. Kail's Projection and Realism in Hume's Philosophy are divided into two parts. First, I challenge the exegetical details of Kail's take on Hume's important distinction between natural and philosophical relations. I show that Kail misreads Hume in a subtle fashion. If I am right, then much of the machinery that Kail puts into place for his main argument does different work in Hume than Kail thinks. Second, I offer a brief (...) criticism of Kail's argument for reading Hume "as a realist about the external world". The two parts are tied together because it turns out that Kail and I disagree about how Hume thinks of philosophers' activity generally.One caveat:. (shrink)

This article examines the meaning and significance of the concept of constituent power in constitutional thought by showing how it acts as a boundary concept with respect to three types of legal thought: normativism, decisionism and relationalism. The concept can be fully appreciated, it suggests, only by adopting a relationalist method. This relationalist method permits us to deal with the paradoxical aspects of constitutional founding creatively and to grasp how constituent power, as the generative aspect of the political power (...) relationship, works not only at founding moments but also within the dynamics of constitutional development. Relationalism realizes this ambition by exposing the tension between unity and hierarchy in constitutional foundation and the tension between the people-as-one and the people-as-the governed in the course of constitutional development. It contends, contrary to normativist claims, that constituent power remains a central concept of constitutional thought. (shrink)

Our reply to Fabian Freyenhagen’s article “Was ist orthodoxe Kritische Theorie?” (DZPhil 65.3 [2017], 456-469) raises the question whether his proposal that Critical Theory only “be adequately and appropriately critical” without a program of justification spares the search for any general criteria. Answering negatively we conversely want to recall, particularly with regard to Horkheimers’s and Adornos’s Dialectic of Enlightment as well as Habermas‘s concept of an emancipatory interest, that such a criterion as a normative foundation of critique is crucial not (...) only for systematical purposes, but also recognised as necessary in this respect by Adorno, who Freyenhagen wants to play off against programs of justification. Critical Theory needs to be clear in this respect. Against this background we are questioning Freyenhagen‘s recourse to an “interest in abolishing social injustice” as the “only criterion for Critical Theory.” Because Freyenhagen ignores the fact that Critical Theory has been understood by its representatives in a twofold manner – as a theoretical program of justification for one and secondly as a cultural diagnosis – his plea for an orthodox Critical Theory is endangered by decisionism. (shrink)

This paper asks whether political justice can be encapsulated by procedures. It examines John Rawls’s tripartite distinction between perfect, pure and imperfect procedural justice, concluding that none gives a satisfactory account of procedural justice. Imperfect procedural justice assumes that there could be an authoritative source of justice other than procedures, while perfect procedural justice takes a double-minded view of procedure-independent standards of justice. That leaves pure procedural justice as an apparently decisionistic mode of deciding which outcomes are just. This at (...) least avoids the confusion between having authoritative procedures and procedure-independent standards that are also purportedly authoritative. However, it is argued that even a political procedure that defines the extension of a term such a ‘justice’ will lack authority over it once its reference is fixed. Since Rawls’s categories of procedural justice are jointly exhaustive, the problem of determining justice via political procedures appears insoluble. (shrink)

Emergency and exception are central concepts in Schmitt’s theory of decisionism. The present article explores the distinction between the two by focusing on their emergence, i.e. the process by which in times of crisis a potentially alternative or-der comes into existence and becomes visible. The primary aim of the comparison is to provide a more detailed and less conventional account of Schmitt’s excep-tionalist decisionism. In order to achieve this aim, three relevant questions must be raised: How does the (...) sovereign succeed in gaining acceptance, by exploiting what situation, and by convincing whom? Based on the different answers provid-ed by Schmitt over the years, it is possible to distinguish three different phases of his thought: the sovereign decisionism of the early 1920s, the concrete-order thinking of the 1930s, and the jurisprudential institutionalism advanced from 1950s onwards. (shrink)

How to introduce 'politics' as a specific concept within a deconstructive style of thinking? In order to answer this question, this contribution compares Derrida with Laclau. According to the former the starting-point of a deconstructive style of thinking is différance. It links together the economic detour of homecoming and the relation to otherness. Laclau's analysis of politics as hegemonization within a situation of undecidability presupposes this notion of différance and can therefore be useful in introducing politics within a deconstructive style (...) of thinking. But there still is a major difference between Derrida and Laclau's decisionism: if différance as the relation without relation of economy and otherness cannot avoid decisions based on power in order to stabilize the social, these decisions are always marked by passivity and therefore deconstructible in the name of 'justice' that exceeds politics even if it takes place nowhere but within politics. Key Words: decisionism • . Derrida • . hegemony • . Laclau • . law. (shrink)

What political philosophy can be reconstructed from the premises of Cartesian philosophy? Two hypotheses will be suggested in order to answer that question: 1) The political philosophy derived from Descartes’ ideas suggests a political philosophy committed to the principles of political absolutism, and 2) The key of Cartesian political philosophy lies in political theology: in that voluntarism which links the metaphysical decisionism related to the good, justice and truth with the political decisionism assumed by absolutism. Reconstructing the political (...) philosophy in Descartes will, therefore, push us to return to the theological disputes of the Baroque. (shrink)

In celebration of Newton da Costa’s place in the history of paraconsistency, this paper considers the use and abuse of deliberate self-contradiction. Beginning with Parmenides, developed by Plato, and continued by Cicero, an ancient philosophical tradition used deliberately paraconsistent discourses to reveal the truth. In modern times, decisionism has used deliberate self-contradiction against Judeo-Christian revelation. • DOI:10.5007/1808-1711.2010v14n1p1.

Biometric technologies are becoming more pervasive in the workplace, augmenting managerial processes such as hiring, monitoring and terminating employees. Until recently, these devices consisted mainly of GPS tools that track location, software that scrutinizes browser activity and keyboard strokes, and heat/motion sensors that monitor workstation presence. Today, however, a new generation of biometric devices has emerged that can sense, read, monitor and evaluate the affective state of a worker. More popularly known by its commercial moniker, Emotional AI, the technology stems (...) from advancements in affective computing. But whereas previous generations of biometric monitoring targeted the exterior physical body of the worker, concurrent with the writings of Foucault and Hardt, we argue that emotion-recognition tools signal a far more invasive disciplinary gaze that exposes and makes vulnerable the inner regions of the worker-self. Our paper explores attitudes towards empathic surveillance by analyzing a survey of 1015 responses of future job-seekers from 48 countries with Bayesian statistics. Our findings reveal affect tools, left unregulated in the workplace, may lead to heightened stress and anxiety among disadvantaged ethnicities, gender and income class. We also discuss a stark cross-cultural discrepancy whereby East Asians, compared to Western subjects, are more likely to profess a trusting attitude toward EAI-enabled automated management. While this emerging technology is driven by neoliberal incentives to optimize the worksite and increase productivity, ultimately, empathic surveillance may create more problems in terms of algorithmic bias, opaque decisionism, and the erosion of employment relations. Thus, this paper nuances and extends emerging literature on emotion-sensing technologies in the workplace, particularly through its highly original cross-cultural study. (shrink)

This chapter contains section titles: Introduction Innerism and Outerism Are Some Concepts Inside‐Out? Millikan's Concepts.

El presente artículo reflexiona sobre el pensamiento de Juan Donoso Cortés, a partir de una discusión con sus principales líneas interpretativas. Dichas líneas serán clasificadas de acuerdo a la respuesta que brinden a dos problemas clásicos de la historiografía donosiana: la cuestión de la conversión, que indaga sobre la relación entre los escritos del joven Donoso Cortés y del maduro y, por otro lado, la pregunta por el lugar de la tradición en su obra. Se llegará así a tres corrientes (...) básicas: la tradicionalista, la schmittiana o decisionista y la “moderatista”. Seguidamente, se procederá a ponerlas en diálogo, marcando las críticas que se hicieron entre sí. Hacia el final, el trabajo buscará ponderar los puntos fuertes y débiles de cada una de las posiciones, con el objetivo de ensayar una interpretación alternativa sobre el autor, que hemos denominado “decisionismo moral”. (shrink)

This article argues for greater realism in political theory with respect to judgements about what politicians ought to do and how they ought to act. It shows that there are major problems in deducing what a given politician should do from the value commitments that are common to liberalism and it makes a case for recognizing the major role played by the context of action and particular agent involved. It distinguishes political virtue from moral virtues and argues that the ‘decisionist’ (...) features of political agency render evaluation a partly post hoc process. The article advocates a version of political realism that is rooted in an understanding of the distinctive character of political rule and that provides the basis for a contextualist but non-relativist account of ‘what is to be done’. (shrink)

Does theorising always presuppose a programme of justification? Does the Critical Theory of Adorno and Horkheimer do so? Do they claim it does? The answer should be a resounding ‘no’ to all three questions. In regard to the second and third question, I have sketched an argument to that effect in an earlier paper in this journal. In this paper, I offer a rejoinder to the critical reply offered by Stefan Müller-Doohm und Roman Yos on behalf of the Habermasian mainstream (...) in Frankfurt School Critical Theory. This rejoinder depends on giving a negative answer also to the first question. In rejecting the Habermasian idea of a programme of justification, I stand accused of dogmatism and, consequently, decisionism. I show that this accusation itself betrays a certain dogmatism – insofar as it accepts that such a programme of justification is undeniably possible and required, without consideration of evidence or arguments to the contrary. Self-reflective and critical theorising about society can, indeed must, take other forms. (shrink)

There is much disagreement among many commentators of Hannah Arendt's work about whether her contributions to politics and philosophy contain a clandestine version of decisionism or, by contrast, represent an explicit attempt to break away from the elements of voluntarism, arbitrariness, and irrationality, which are considered to be inherent to any theory of the decision. Despite the many disagreements that set apart these two interpretations of Arendt, however, there is a common presupposition that both share. They are in agreement (...) concerning the decision: it is a threat and a vice, intrinsically dangerous and potentially totalitarian in nature, which ought to be expelled from any theory of politics with a normative content. As a result, the terms of the debate pertain solely to whether Arendt was a (crypto-) decisionist and not to the nature and evaluation of the decision as such. This paper argues, contrary to Arendt's critics, that although elements of a theory of the decision can be found scattered throughout many of her writings, she was nonetheless unswerving in her opposition to decisionism. But unlike her defenders, it also argues that had Arendt built on these elements to elaborate a systematic theory of the decision, she would have avoided many of the flaws and inconsistencies that plague her concept of politics. (shrink)

This article offers an in-depth analysis of Carl Schmitt's social ontology to explain how and why he came to reject exceptionalist decisionism. To this end, the authors unearth the considerable shifts in terms of social ontology that paved the way for this conceptual turn. The gist of their argument is that Schmitt's Political Theology (1922) espoused a Hobbesian conception of the political as the possibility condition for stable patters of social interaction. Though the first three chapters of Political Theology (...) were originally designed for and published in a posthumous Festschrift for Max Weber, his understanding of the social was indebted to a Hobbesian legacy. Nonetheless, shortly thereafter, he began to revise his conception of the social and to put stress on the organisational dynamics of social institutions as independent of there being a political authority. From 1927 through to 1950, Schmitt never got back to his 1922 exceptionalist view of politics and rather sought to make sense of how the state could and should draw the contents of the legal order from the normative life of social institutions. (shrink)

In chapter one I will try to reconstruct a plot, or a hidden agenda, in the discussion in ethics between the beginning of the twentieth century and 1958, the year of a decisive turning point in ethics, both Anglo-Saxon and Continental, and strangely enough also the year of the beginning of the end of the Cold War, of post-Tridentine Catholicism, and perhaps something else. My hypothesis will be that there are two similar starting points for the Anglo-Saxon and the Continental (...) twentieth-century discussion, the philosophies of Henry Sidgwick and Friedrich Nietzsche, both expressions of some kind of ethical scepticism, and that a third, somewhat analogous starting-point could be found in Émile Durkheim, the proponent of the dream of the morale laïque. I will discuss how far the diagnosis formulated by Karl-Otto Apel of a kind of ‘parallel convergence' between existentialism and analytic philosophy, based on the shared division of facts and values that eventually justified two kinds of 'decisionism' is useful in making sense of the agenda of the discussion. In the second chapter I will discuss the reasons for two parallel U-turns around 1958 which brought back traditional schools of normative ethics, 'deontologism' and utilitarianism, as well as the reasons for criticism to both schools from the heterogeneous alignment of virtue ethics. In the third chapter I will discuss the remarkable phenomenon of the emergence, starting with the Sixties or the early Seventies, of ‘applied’ ethics. I examine the reasons, both theoretical and political, for the revival, the point to which applied ethics may look as a grand return of a casuistic and natural law way of thinking, or in Alan Donagan’s words a case of “reverse subversion” of the modern secular world by traditional Scholastic ways of thinking, and the difficult coexistence between general normative ethics and procedures for settling issues in a ‘reasonable’ way while dissent on issues of principle is as alive as ever. Then I try to draw a provisional moral. My suggestions are that (i) casuistry is more alive than ever; (ii) natural law thinking is more alive than ever; (iii) moral dilemmas never arise; (iv) moral dissent is treatable, with the right strategy; (v) practical philosophy does not need the same degree of exactness as the theoretical sciences but this is no obstacle to its working in practice. (shrink)

Through the elaboration of his political philosophy, Hobbes wishes to present himself as a representative of the new mechanistic and deterministic science of the seventeenth century, by applying Galilei’s method in politics and by refusing the Aristotelian metaphysics and natural philosophy as well. The aim of the present article is to challenge this claim. As a matter of fact, Hobbes’s thought seems to be characterised by an original co-existence of decisionism and mechanism and his view of the natural law (...) does not appear to be based on deterministic principles, but on a voluntarist and moral character condensed in his theory of passions. (shrink)

One provocative but frequently overlooked feature of John Finnis’s natural law theory is its appeal to the normative role of the Aristotelian spoudaios (the mature person of practical reasonableness). Finnis’s account of the basic requirements of practical reasonableness and defense of the methodological device of “focal meaning” both have recourse to Aristotle’s claim that, in ethics and politics, things should be judged in terms of how they appear to the mature practically reasonable person. The current paper examines the normative role (...) played by the spoudaios within Finnis’s natural law theory and provides a defense of that role against the objection that it lacks justificatory force because it is dependent upon circular reasoning. Section one contextualizes Finnis’s use of the spoudaios by considering its Aristotelian origins and also sketches some reasons for its demise in subsequent moral theory. This serves as the basis for an assessment in section two of whether Finnis’s employment of the spoudaios as an ethical exemplar conflates explanation and justification, and therefore culminates in decisionism. The conclusion of the paper is that Finnis’s recourse to the spoudaios is not viciously circular, because it is grounded in the reflexive and dialogical mode of justification proper to ethical enquiry. (shrink)

Most students of politics are familiar with Carl Schmitt’s definition of politics as a friend–enemy distinction. Yet, only few know of alternative conceptions of politics in interwar Germany that emphasize cooperation and legality over confrontation and decisionism. To unlock such views, this article examines the work of Hermann Heller, a social-democratic constitutional theorist, and takes a close look at his conceptualization of politics as a sphere, activity and discipline. For Heller, ‘the political’ consists in turning human conflict into social (...) cooperation. For him, the political may be conflictual, but is also conditioned by shared norms and agreed rules. By consequence, to act politically means to order the antagonistic social relations that are typical of every human society. In this sense, politics is a purposeful activity, but one which leaves the content of every decision unconfined and the potentialities that follow endless. Like politicians, politics scholars must reflect on ethical and legal principles, while remaining focused on context-specific political problems. The study of politics cannot be disconnected from the study of law, ethics and social reality. Heller’s work showed that the way we conceive of politics is directly related to the way we study politics and vice-versa. (shrink)

In his 1923 work, Roman Catholicism and Political Form, Carl Schmitt claims that representation is a complexio oppositorum and incarnates a hierarchical form of political authority, which is alternative to liberalism. This article shows that Carl Schmitt’s interpretation of the political theology of representation is based on a misreading. Schmitt selectively overlooks some meanings of the theology of repraesentatio to build his decisionistic political agenda. An investigation of the original conceptual meanings of representation in Tertullian, the first Christian author who (...) theorized representation and established many of its subsequent theological meanings, shows a different picture. At its inception, representation already included mechanisms of plurality and participation, which anticipated, and perhaps motivated, the absorption of the representation vocabulary within democratic discourse and practice. Political theology is a valuable field of inquiry to prove the claim that the... (shrink)

Contemporary Anglo-American political thought is witnessing a revival of theories of deliberative democracy. The principle of public argumentation, according to which the legitimation of a general norm is predicated upon a rational and open dialog among all those affected by this norm, constitutes their common underlying assumption. This assumption is itself grounded in the metatheoretical claim that arguing is the defining activity of a demos of free and equal members. Habermas' well-known formulation of communicative or discursive democracy represents one of (...) the earliest, most discussed, and indeed most emblematic versions of the existing models of deliberative democracy. It is here, I believe, that Castoriadis' political theory can prove exceptionally important as it provides a starting point and a solid ground for articulating one of the most incisive and convincing critiques of the limits and flaws of communicative democracy. Although Castoriadis himself never directly discussed deliberative democracy as such, we can try to approximate from various parts of his work what he might have thought about, especially when it comes to Habermas' model. (shrink)

The bumpy road to institutionalism : Schmitt's way-out of decisionism -- Exploring Schmitt's institutionalism : institutions and normality -- Institutionalist decisionism : law as the shelter of society -- Institution and identity : reassessing Schmitt's political theory -- Schmitt vs. Kelsen : the social ontology of legal life -- Schmitt vs. Hauriou : the politicization of institutionalism -- Schmitt vs. Romano : institutionalism without pluralism? -- Schmitt vs. Mortati : the concretization of the concrete order -- The impossibility (...) of legal indeterminacy -- The inconceivability of legal pluralism. (shrink)

This chapter explores the notion of an authentic affective life by examining three models of Heideggerian authenticity in light of his remarks on emotion. In addition to the familiar “decisionist model,” the chapter examines what I call the “standpoint model” and the “all things considered judgment model”. Each of these models suggests a distinctive picture of what authenticity in one’s affective life might be, and considering the plausibility of these pictures provides an interesting way to re-consider the plausibility of those (...) models. The chapter argues that authentic affect as the decisionist model understands it requires a level of control over our emotions that is inherently implausible and incompatible with Heidegger’s understanding of them, and that the standpoint model’s understanding of authentic affect requires a uniformity in our emotions which should be rejected on the same grounds. Ultimately, the chapter argues in favor of the AJM on the grounds that its picture of affective authenticity—an openness to the many ways in which my situation matters to me, touches me and moves me whether I like it or not—is both truer to our actual emotional lives and more harmonious with Heidegger’s own understanding of these matters. (shrink)

This paper wants to draw out a common argument in three great philosophers and littérateurs in modern French thought: Michel de Montaigne, Voltaire, and Albert Camus. The argument makes metaphysical and theological scepticism the first premise for a universalistic political ethics, as per Voltaire's: “it is clearer still that we ought to be tolerant of one another, because we are all weak, inconsistent, liable to fickleness and error.” The argument, it seems to me, presents an interestingly overlooked, deeply important and (...) powerful contribution to the philosophical discourse of modernity. On one hand, theological and post-structuralist critics of “humanism” usually take the latter to depend either on an essentialist philosophical anthropology, or a progressive philosophy of history. The former, it is argued, is philosophically contestable and ethically contentious. The latter, for better or worse, is a continuation of theological eschatology by another name. So both, if not “modernity” per se, should somehow be rejected. But an ethical universalism – like that we find in Montaigne, Bayle, Voltaire, or Camus – which does not claim familiarity with metaphysical or eschatological truths, but humbly confesses our epistemic finitude, seeing in this the basis for ethical solidarity, eludes these charges. On the other hand, philosophical scepticism plays a large role in the post-structuralist criticisms of modern institutions and ideas in ways which have been widely taken to license forms of ethics which problematically identify responsibility, with taking a stand unjustifiable by recourse to universalizable reasons. But, in Montaigne, Voltaire and Camus, our ignorance concerning the highest or final truths does not close off, but rather opens up, a new descriptive sensitivity to the foibles and complexities of human experience: a sensitivity reflected amply, and often hilariously, in their literary productions. As such, a critical agnosticism concerning claims about things “in the heavens and beneath the earth” does not, for such a “sceptical humanism,” necessitate decisionism or nihilism. Instead, it demands a redoubled ethical sensitivity to the complexities and plurality of political life which sees the dignity of “really-existing” others, whatever their metaphysical creeds, as an inalienable first datum of ethical conduct and reflection. After tracking these arguments in Montaigne, Voltaire, and Camus, the essay closes by reflecting on, and contesting, one more powerful theological argument against modern agnosticism's allegedly deleterious effects on ethical culture: that acknowledging ignorance concerning the highest things robs us of the basis for awe or wonder, the wellspring of human beings’ highest ethical, aesthetic, and spiritual achievements. (shrink)

This conversation between Zygmunt Bauman and Aleksandra Kania picks up on the themes of crisis, interregnum and the decline of the West. Decline of the West is first of all decline of western civilization. This easily leads to panic about the end of the world; what it really indicates is the limits and constraints of a world system based on nation-states. Spengler and Elias are introduced as interlocutors, in order to open these issues, and those of capitalism, socialism and caesarism. (...) Trump here appears as a wilfully decisionist leader. Populism plays its part, but illiberalism now overpowers neoliberalism. Bauman and Kania engage in this text as interlocutors; this is a record of their own dialogue, and a reminder of its possibilities. (shrink)

Rudolf Carnap and Martin Heidegger shared with Max Weber the decisionist understanding of values as something that cannot be justified by scientists or philosophers. Although both accepted the challenge of modernity in this respect, they reacted in opposite ways. Carnap, along with the Vienna Circle, defended a scientific conception of the world in which science and instrumental rationality were to permeate all of life; Heidegger embarked on an understanding of metaphysics in which rationality and science were to be eliminated. Both (...) strategies were deeply political, and both resulted from the split in the German youth and life reform movement that took place during and immediately after World War I. I discuss this image here in the context of dialectical theology, the Vienna Circle, and the Davos Disputation, with a sideways glance at Ernst Cassirer, and with a view to earlier interpretations by Michael Friedman and Gottfried Gabriel. (shrink)

Hermann Heller’s critique of liberalism was both theoretical and conjunctural. He derided liberalism’s erosion of the concept of sovereignty and lamented liberalism’s complicity with the substantive inequality of his time. It its place, he argued for a restoration of the concept of popular sovereignty, as a dialectical formation of political unity and material equality through the democratic process. As a matter of political practice and strategy, however, Heller equivocated in his stance on the constitutional politics of the Weimar Republic. He (...) initially tolerated the abrogation of parliamentary democracy due to his faith in the neutrality of the state, before diagnosing the regime as a form of authoritarian liberalism determined by the capitalist economy. This article examines Heller’s theoretical and political critique of liberalism. It outlines Heller’s conception of popular sovereignty against both Kelsen’s legal rationalism and Schmitt’s political decisionism. It also examines the significance of the interwar conjuncture, highlighting that the turn of the bourgeoisie to authoritarianism and ultimately to fascism represented a continuity of the liberal elision of the principle of popular sovereignty. (shrink)