This essay is interested in the relationship between electronic waste and emergent regimes of labour control operative within the global logistics industry, the task of which is to manage the movement of people and things in the interests of communication, transport and economic efficiencies. It considers the production of non-governable subjects and spaces as they figure in the relation between electronic waste, global logistics industries and biopolitical technologies of labour control.

Recent cases involving biosamples taken from indigenous tribes and newborn babies reveal the emptiness of informed consent. This venerable doctrine often functions as a charade, a collective fiction which thinly masks the uncomfortable fact that the subjects of human research are not actually afforded full information regarding the types of research that may be contemplated, nor do they provide meaningful consent. But if informed consent fails to provide adequate protection to the donors of biological materials, why not turn to (...) principles of property law? Property is power, yet current law permits everyone except for those who donate biological materials to possess property rights. The reluctance to invoke property probably stems from fears of resurrecting slavery and the commodification of human beings. But ironically, avoidance of property transforms the subjects of human research into objects that can be owned only by others, resulting in new forms of oppression and exploitation. Human research subjects are autonomous individuals who should not only possess the power to contribute their biological materials, but also the right to help control the course of research, and to share in the resulting benefits or profits. Conferring body property might enable research subjects to regain power and a measure of self-sovereignty. (shrink)

In medical care, the obtaining of informed consent is taken to be required prior to treatment in order to ensure that patients sufficiently understand the potential risks and benefits of a given medical procedure. In this paper, I begin by looking at the history of informed consent and consider how the norms and laws in medicine have evolved away from benevolent paternalism and toward a blanket obligation to obtain informed consent. In so doing, I consider what values might be taken (...) to underpin such a requirement. After dismissing some unsatisfactory answers, I offer a positive view as to the constellation of values I think informed consent ought to be protecting. I call these bodily self-sovereignty, which I take to be a coupling of two groups of values: autonomy and non-domination on the one hand, and self-ownership and personal integrity on the other. Given the connection between autonomy and responsibility, autonomy is both required for the act of consenting, and respected by allowing it. And, because of our special and inescapable relationship to our own bodies, this authorization is particularly important when our bodies are involved. So, I suggest that informed consent protects our self-sovereignty over our own bodies. (shrink)

Morris Cohen’s classic essay, Property and Sovereignty, correctly discerned that political sovereignty and private property are alternative forms of government. Where it failed was in suggesting that the choice between these modes of governance is a matter of dialing one up and the other down. The relationship between political sovereignty and property is complex, and varies depending on the audience of property we have in view. With respect to some audiences — strangers and transactors — those who (...) favor a strong system of property will want to enlist a generous measure of assistance from the political sovereign. With respect to other audiences — neighbors and sharers — those who want a robust property system are more likely to want the powers of the political sovereign to be held in check. Cohen was thus right that the political order and private property are both forms of power over people. But the exact mix of these two regimes is anything but simple or unidimensional. (shrink)

The popularity of ‘food sovereignty’ to cover a range of positions, interventions, and struggles within the food system is testament, above all, to the term’s adaptability. Food sovereignty is centrally, though not exclusively, about groups of people making their own decisions about the food system—it is a way of talking about a theoretically-informed food systems practice. Since people are different, we should expect decisions about food sovereignty to be different in different contexts, albeit consonant with a core (...) set of principles (including women’s rights, a shared opposition to genetically modified crops, and a demand for agriculture to be removed from current international trade agreements). In this paper we look at the analytical points of friction in applying ideas of food sovereignty within the context of Indigenous struggles in North America. This, we argue, helps to clarify one of the central themes in food sovereignty: that it is a continuation of anti-colonial struggles, even in post-colonial contexts. Such an examination has dividends both for scholars of food sovereignty and for those of Indigenous politics: by helping to problematize notions of food sovereignty and postcoloniality, but also by posing pointed questions around gender for Indigenous struggles. (shrink)

_Sovereignty, Knowledge, Law_ investigates the notion of sovereignty from three different, but related perspectives: as a legal question in relation to the sovereign state, as a political question in relation to sovereign power, and as a metaphysical question in relation to sovereign self-knowledge. The varied and interchangeable uses of legal sovereignty, political sovereignty and metaphysical sovereignty in contemporary debates have resulted in a situation where the word ‘sovereignty’ itself has become something of a non-concept. Panu (...) Minkkinen shows here how these three perspectives have informed one another, by addressing their shared relationship to law, and to the ‘autocephalous’ function of sovereignty; that is, the attempt to provide a single source and foundation for law, power, and self-knowledge. Through an effort to domesticate the intrinsically ‘heterocephalous’ nature of power, the juridical and jurisprudential aim has been to confine power within the closed vertical hierarchy of traditional legal thinking. _Sovereignty, Knowledge, Law_ thus elaborates this heterocephaly, proposing new understandings of sovereignty, as well as of law and of legal scholarship. (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)

Digital sovereignty is a term increasingly used by academics and policymakers to describe efforts by states, private companies, and citizen groups to assert control over digital technologies. This descriptive conception of digital sovereignty is normatively deficient as it centres discussion on how power is being asserted rather than evaluating whether actions are legitimate. In this article, I argue that digital sovereignty should be understood as a normative concept that centres on authority (i.e., legitimate control). A normative approach (...) to digital sovereignty is beneficial as it supports critical discourse about the desirability of actors’ assertions of control. It is also more closely aligned with traditional definitions of sovereignty that are grounded in ideas of sovereign authority. To operationalise this normative approach to digital sovereignty and demonstrate the deficiencies of a descriptive approach, the role that “Big Tech” companies are playing in controlling artificial intelligence is considered from both perspectives. Through this case study, it is highlighted that Big Tech companies assert a high degree of control (i.e., descriptive digital sovereignty), but that they lack strong input legitimacy and have a questionable amount of output legitimacy. For this reason, it is argued that Big Tech companies should only be considered quasi-sovereigns over AI. (shrink)

Background The rapidly growing quantity of health data presents researchers with ample opportunity for innovation. At the same time, exploitation of the value of Big Data poses various ethical challenges that must be addressed in order to fulfil the requirements of responsible research and innovation (Gerke et al. 2020 ; Howe III and Elenberg 2020 ). Data sovereignty and its principles of self-determination and informed consent are central goals in this endeavor. However, their consistent implementation has enormous consequences for (...) the collection and processing of data in practice, especially given the complexity and growth of data in healthcare, which implies that artificial intelligence (AI) will increasingly be applied in the field due to its potential to unlock relevant, but previously hidden, information from the growing number of data (Jiang et al. 2017 ). Consequently, there is a need for ethically sound guidelines to help determine how data sovereignty and informed consent can be implemented in clinical research. Methods Using the method of a narrative literature review combined with a design thinking approach, this paper aims to contribute to the literature by answering the following research question: What are the practical requirements for the thorough implementation of data sovereignty and informed consent in healthcare? Results We show that privacy-preserving technologies, human-centered usability and interaction design, explainable and trustworthy AI, user acceptance and trust, patient involvement, and effective legislation are key requirements for data sovereignty and self-determination in clinical research. We outline the implications for the development of IT solutions in the German healthcare system. (shrink)

The concept of autonomy as self-sovereignty is developed in this essay through an examination of the thought of American transcendentalist philosophers Emerson and Thoreau. It is conceived as the quality of living in accordance with one’s inner nature or genius. This conception is grounded in a transcendentalist moral anthropology that values independence, self-reliance, spirituality, and the capacity to find beauty in the world. Though still exerting considerable popular and academic influence, both the concept of autonomy as self-sovereignty and (...) the underlying anthropology diverge in important ways from counterparts that are prominent in contemporary bioethics. Autonomy as self-sovereignty calls into question the manifold ways that patients (and citizens) are brought to heel by institutional (and political) values they do not themselves affirm. It also emphasizes the inevitable deep plurality of moral visions of health and appropriate healthcare, rejecting tendencies (strong in mainstream bioethics) to regard “health” as a univocal concept or healthcare as a basic need, to attempt to conform “reasonable” clinical decision-making to a single model, and to appoint government as a guarantor of access to healthcare or a regulator of healthcare standards. Autonomy as self-sovereignty, like its competitors, can justify itself only in question-begging terms. Still, bioethics might do well to recognize it within the mix of moral visions. (shrink)

We explore two special challenges indigenous peoples pose to the idea of sovereigns as trustees for humanity. The first challenge is rooted in a colonial history during which a trusteeship model of sovereignty served as an enabler of paternalistic colonial policies. The challenge is to show that the trusteeship model is not irreparably colonial in nature. The second challenge, which emerges from the first, is to specify the scope and nature of indigenous peoples’ sovereignty within the trusteeship model. (...) Whereas the interaction between states and foreign nationals is the locus of cosmopolitan law, the relationship between states and indigenous peoples is distinctive. In the ordinary cosmopolitan case, foreign nationals do not purport to possess legal authority. Indigenous peoples often do make such a claim, pitting their claim to authority against the state’s. We discuss how international law has attempted to come to grips with indigenous sovereignty by requiring states to include indigenous peoples in decision-making processes that affect their historical lands and rights. A crucial fault line in the jurisprudence, however, separates a duty to consult indigenous peoples from a duty to acquire their free, prior and informed consent. The latter but not the former recognizes that indigenous peoples possess a veto over state projects on their lands, in effect recognizing in them a limited co-legislative power. We focus on recent jurisprudence from the Inter-American Court of Human Rights, and consider whether either the duty to consult or FPIC are enough to dispel the shadow of the trusteeship model’s colonial past. We suggest that they are a move in the right direction, and that implicitly they represent international law’s recognition that states are no longer the sole bearers of sovereignty at international law. In limited circumstances, international law recognizes indigenous peoples as sovereign actors. (shrink)

Attempts to democratize the food system and make it more equitable through food sovereignty take many forms across space. In Cuba, food sovereignty is perceived as the promotion of small-scale farming methods informed by agroecology and permaculture. However, these practices are mediated by discourses of self-sufficiency in the context of the US blockade. Simultaneously, in Basque country, Spain, food sovereignty shapes community-supported agriculture initiatives, farmer union and cooperative-based work, and a deep appreciation for regional foods. In this (...) context, food sovereignty is perceived as part of the struggle to maintain Basque identity and autonomy. In this paper, I discuss how food sovereignty is defined and understood by outside actors who traveled to either Cuba or Basque country to understand how food sovereignty is being practiced in place. As educators, farmers, students, retirees, farmworker organizers, and activists meet in these spaces, I ask how do definitions of food sovereignty differ? I argue that food sovereignty ‘sits in places’ and travelers have difficulty discerning what food sovereignty is when confronted with unfamiliar practices. Findings suggest that such educational tourism is an attempt to create a meaningful space for dialogue about food sovereignty and as a touchstone it offers opportunities for participant discussions, however, understandings of food sovereignty are subject to confusion and alternate conceptions and thus, do not always travel well. (shrink)

This article examines the relationship between the concept of sovereignty and the process of European integration. It is argued that the nature of this relationship has been both mutually informative and transformative. As a particular understanding of sovereignty has influenced and determined the perception of European integration, i.e., its conceptualization, so the process of European integration has reflected back on sovereignty and entailed its rethinking. This poses a particular challenge for legal theorists: how to pin down the (...) meaning of sovereignty and European integration so as to put both in the best conceptual and normative light. The article begins by looking at the traditional perspective on sovereignty and how this has been challenged by European integration. The focus then shifts from sovereignty to European integration in order to examine how different perspectives on sovereignty, when used as an epistemic lens for understanding the process of European integration, have produced uneven conceptions of this integration. Finally, the article concludes by making a choice between the various conceptions of sovereignty and European integration. It is argued that the best conception of European integration is offered by the constitutional form of a union founded on pluralist sovereignty. (shrink)

This article seeks to explain why the social movement had its historical origin in the 1760s. It argues that the rise of the social movement as a particular form of political action was closely linked to a new interpretation of sovereignty that emerged within eighteenth century British politics. This interpretation, which drew inspiration from Jean-Jacques Rousseau’s social contract thinking, not only resonated with the radicalism of John Wilkes and his followers’ struggle to promote civil liberties to Englishmen of all (...) classes, it also spurred a transformation of the repertoire of popular contention. The article traces the evolution of the concept of sovereignty in British political thought from the Restoration to the Wilkites and discusses how this evolution informed the contentious actions of the Wilkites as they formed the first mass movement to promote a specific political issue. (shrink)

Across Europe, national leaders and ordinary citizens alike face the problems and opportunities raised by increasing economic and political interdependence. Interdependence between nations creates new dilemmas in every sphere of activity. In The Netherlands: Negotiating Sovereignty in an Interdependent World, Thomas Rochon offers a comparative focus and a strong conceptualization of small-state issues applied to present the Netherlands experience.Although all countries face issues of sovereignty and adjustment to international forces, the Dutch have addressed these issues more explicitly and (...) over a longer span of time. How have the Dutch gone about the transformation from global power to small state? What lessons have they learned along the way that might be applied elsewhere in Europe, not to mention the United States? Rochon addresses these issues and provides background information on the people, culture, government, and economy of the country. In the final chapter, he summarizes the Dutch experience and explains that what unites the Netherlands with other industrial nations is how the country copes with change. (shrink)

The topic of food sovereignty has received ample attention from philosophers and interdisciplinary scholars, from how to conceptualize the term to how globalization shapes it, and several areas in between. This bounty of research informs us about food sovereignty’s practical dimensions, but the theoretical realm still has lessons to teach us, especially how to develop action-based guides to achieve it. This paper is an exploration in that direction. To have that effect, the author interrogates the question, “what is (...) food sovereignty?”, through asking about its motivations, scale, and the answers that will inform solutions. This process reveals that, despite the differences between conceptions of food sovereignties, there is a pattern at play that concerns their nature. The benefit of gaining an understanding of this pattern is to uncover the necessary elements that each solution will require. (shrink)

Since its advent in the 20th century, informed consent has become a cornerstone of ethical healthcare, and obtaining it a core obligation in medical contexts. In my dissertation, I aim to examine the theoretical underpinnings of informed consent and identify what values it is taken to protect. I will suggest that the fundamental motivation behind informed consent rests in something I’ll call bodily self-sovereignty, which I argue involves a coupling of two groups of values: autonomy and non-domination on the (...) one hand, and self-ownership and personal integrity on the other. I will then go on to consider two 'case studies' I take to shed light on what is at stake in securing informed consent - consent in psychiatrically ill populations, and consent to interventions that involve the modification of the genetic germline. (shrink)

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)

ABSTRACT The history of spectacle terror lynching remains one of the darkest and least explored political events in American history. In this article, I explore the aesthetic relation of this history to the formation of notions of public action and political assembly. I argue that the history of spectacle terror lynching establishes both a past and present form of public sovereignty. As such, I attempt to examine questions of what public action means with regard to a political context of (...) antiblack violence. I conclude that lynching festivals constitute not only a form of politics but a form of public sovereignty that is still in play in our notion of the public. At heart this notion informs not only antiblack forms of racism but antiblack forms of genocide. (shrink)

This article addresses the seemingly paradoxical proliferation of coded systems designed to guarantee our safety and crises that endanger us. These two phenomena, it argues, are not opposites but rather complements; crises are not accidental to a culture focused on safety, they are its raison d'être. Mapping out the temporality of networks, it argues that crises are new media's critical difference: its exception and its norm. Although crises promise to disrupt memory – to disturb the usual programmability of our machines (...) by indexing ‘real time’ – they reinforce codes and coded logic: both codes and crises are central to the production of mythical and mystical sovereign subjects who weld together norm with reality, word with action. Codes and states of exception are complementary functions, which render information and ourselves undead. Against this fantasy and against the exhaustion that crisis as norm produces, the article ends by arguing that we need a means to exhaust exhaustion, to recover the undecidable potential of our decisions and our information through a practice of constant care. (shrink)

Spatiality, Sovereignty and Carl Schmitt: Geographies of the Nomosis an edited volume by Stephen Legg. The book was published in the midst of accruing attention to the issues of space and order in the writings of Carl Schmitt. The objective of the book must, therefore, be understood as a critical analysis of the different ways Schmitt’s concepts can inform and have informed the study of geopolitics. This review will provide a critical summary of the main themes in the book (...) and analyse the arguments made for and against using Schmitt. I will additionally assess the ways in which Marxist Geography can benefit from critically engaging with Schmitt. It will be argued that a critical engagement with Schmitt should start from a contextualised position and a subsequent fertile negation of his thinking. (shrink)

Tuberculosis (TB) is a potentially fatal infectious disease that, in Aotearoa New Zealand (NZ), inequitably affects Asian, Pacific, Middle Eastern, Latin American, and African (MELAA), and Māori people. Medical research involving genome sequencing of TB samples enables more nuanced understanding of disease strains and their transmission. This could inform highly specific health interventions. However, the collection and management of TB isolate samples for research are currently informed by monocultural biomedical models often lacking key ethical considerations. Drawing on a qualitative kaupapa (...) Māori–consistent study, this paper reports on preliminary discussions with groups of Māori, Pacific, and Afghan people in NZ, whose communities have been harmed by TB and TB stigma. Participants’ discussions highlight key concerns and meanings that ought to inform the development of guidelines and a more robust consultative process for the governance of how TB isolate samples are collected and used both retrospectively and in future research. We argue for ethical processes to be culturally nuanced and community-generated, flexible and meaningful, and situated in relation to the physical and symbolic effects of TB. We discuss the significance of Indigenous data sovereignty, rights, and kāwanatanga (governorship) in shaping a multicultural data sovereignty model. (shrink)

Economists use tastes as a source of information about personal welfare and judge the effects of policies upon preference satisfaction; neoclassical welfare economics is the analytical embodiment of this preference sovereignty norm. For an initial distribution of wealth, the welfare-maximizing outcome is the one that exhausts all possible gains from trade. Gains from trade are defined relative to fixed ordinal preferences. This analytical apparatus consists of both the Pareto principle, which implies that externality-free voluntary trades increase welfare, and (...) applied costbenefit analysis, which attempts to weight costs and benefits when evaluating policies that are not Pareto improvements. (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 phenomenon of information culture in the context of the Russian-Ukrainian war is analyzed. It has been proven that changes in the priorities of the development of information culture during the war are determined by the course of spiritual confrontation with the enemy, accelerated transformations of public consciousness, the peculiarities of state information policy, and the urgent need to protect the country’s information sovereignty. It is argued that under the influence of the war in Ukraine, (...) including in the spiritual and informational space, all components of information culture are being transformed, particularly its core - the information worldview. The features of the development of the information worldview as a fundamental component of information culture are identified. It is noted that living in an information society without possessing the necessary information culture poses a danger of getting lost in both virtual and real worlds simultaneously. Personal mastery of information culture in modern society is based on theoretical knowledge about the essence, content, features, and regularities of its functioning in societies with different levels of informatization. The negative impact of informational aggression on the formation of the information culture of modern youth is demonstrated. During the war, the information culture of youth is formed and changed at an accelerated pace due to the increase in information flows of both negative and positive nature and under the influence of new information technologies. One of the main problems in the process of forming the information culture of youth in the conditions of the Russian-Ukrainian war is mastering methods of countering enemy propaganda, developing critical attitudes towards information, and having a value-based worldview barrier to countering fake and anti-Ukrainian narratives. The role of knowledge and the education system in the formation of the information culture of Ukrainian society is revealed. (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)

THERE IS A RELATIVE DEARTH OF THEOLOGICAL CONTRIBUTION TO PRESENT-day discussion about the status of territorial borders. Secularist discourse tends to divide between "partialists" and "impartialists." Partialists work with an ideal of states as distinct cultural communities, which justifies priority for the interests of citizens over refugees. Impartialists work with an ideal of states as cosmopolitan agents, which takes into account equally the interests of citizens and refugees. The aim of this essay is to show how selected biblical texts help (...) to rethink these categories and offer different, theologically informed ways of construing the meaning of borders. The need for an "ethic of answerability" is established and initial suggestions are given as to how this approach might be developed. (shrink)

In Haiti, as in many developing countries, the prospect of enhancing food sovereignty faces serious structural constraints. In particular, trade liberalization has deepened patterns of food import dependence and the export orientation of peasant farming. But there are also powerful cultural dimensions to food import dependence that further problematize the challenge of pro-poor agrarian change. Food cultures are sometimes underappreciated in the food sovereignty literature, which tends to assume that there will be a preference for local or ‘culturally (...) appropriate’ foods. In Haiti, historically ingrained and persistent ideologies of racism magnify class hierarchies and the common perceptions of peasants at the bottom of the social order. This paper explores the intersection of socially constructed ideologies of racism with peasant aspirations for socio-cultural mobility, drawing from 30 qualitative interviews with key informants in government, non-governmental organizations, and social movements, and 108 qualitative interviews and 216 food preference surveys that were conducted in three sites in rural Haiti between November 2010 and July 2013. The core argument is that racially-coded class hierarchies exert a powerful influence on dietary aspirations, as ‘peasant’ foods like millet, root crops and molasses bread are commonly denigrated by Haiti’s poor, including peasants themselves, while ‘elite’ and ‘foreign’ foods like white flour bread, Corn Flakes, and spaghetti get held up as superior. This suggests a need to appreciate how the cultural geographies of food interact with—and can in fact exacerbate—political and economic inequalities, which raises challenging questions for peasant movements and advocates of food sovereignty. (shrink)

Using the example of an unconsented mouth swab I criticise the view that an action of this kind taken in itself is wrongful in respect of its being a violation of autonomy. This is so much inasmuch as autonomy merits respect only with regard to ‘critical life choices’. I consider the view that such an action is nevertheless harmful or risks serious harm. I also respond to two possible suggestions: that the action is of a kind that violates autonomy; and, (...) that the class of such actions violates autonomy. I suggest that the action is wrongful in as much as it is a bodily trespass. I consider, and criticise, two ways of understanding how morally I stand to my own body: as owner and as sovereign. In respect of the latter I consider Arthur Ripstein's recent defence of a sovereignty principle. Finally I criticise an attempt by Joel Feinberg to explain bodily trespass in terms of personal autonomy. (shrink)

Public health responses to emerging infectious disease rarely try to interrupt the mobility of goods and information. Rather, designed under the rubric of ‘‘public health security,’’ they extend the rationale of free circulation through efforts to intensify movement and communication between international agencies, national health departments, and the pharmaceutical industry. In this way, public health security extends postliberal modes of transnational regulation. This article examines an unfolding scenario which is testing public health’s fidelity to the ethos of international trade (...) agreements: Indonesia has withdrawn from the World Health Organization’s ‘‘virus-sharing’’ scheme because WHO has facilitated the use of Indonesian samples of H5N1 for the commercial development of potentially profitable vaccines without consultation with the Indonesian labs in which they originated. It has been argued that the Indonesian move is one that contests the current securitization of global health. However, I argue that what we are witnessing is the process of emergence of a distinct form of biological sovereignty in the form of rival global health security aggregates, each working to inject a new form of postliberal sovereignty into the field of global public health. (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)

Will we, by 2050, be able to feed a rapidly growing population with healthy and sustainably grown food in a world threatened by systemic environmental crises? There are too many uncertainties for us to predict the long-term evolution of the global agri-food system, but we can explore a wide range of futures to inform policymaking and public debate on the future of food. This is typically done by creating scenarios and quantifying them with computer simulation models to get numerical estimates (...) of how different aspects of the global agri-food system might evolve under different hypotheses. Among the many scenarios produced over the last twenty years, one would expect to see the future advocated by the food sovereignty movement, which claims to represent roughly two hundred million self-described “peasants” worldwide. This movement defends a vision of the future based on relocalized, sustainable, and just agri-food systems, self-governed through direct and participatory democratic processes. Yet, food sovereignty is conspicuously absent from quantified scenarios of global food futures. As part of the roundtable, “Ethics and the Future of the Global Food System,” this essay identifies seven obstacles that undermine the creation of food sovereignty scenarios by examining two attempts at crafting such scenarios. (shrink)

ExcerptHuman rights organizations for the past few decades have generally attempted to promote international law against the principle of state sovereignty in order to establish human rights norms worldwide. This approach presumes the universality of human rights is in fundamental opposition to the principle of sovereignty because this principle can be used by governments to shield themselves from outside criticism. By contrast, the U.S. State Department’s Report of the Commission on Unalienable Rights has outlined an approach that emphasizes (...) not just the compatibility between universal human rights and state sovereignty but even their dependence on each other.1 We see the results of this clash in the response to the Report by Kenneth Roth, executive director of Human Rights Watch and one of the expert witnesses during the commission’s proceedings.2 He sees in the Report’s foregrounding of the Universal Declaration of Human Rights “a frontal assault on international human rights law” because it shifts attention away from international law and toward more informal documents such as the Universal Declaration, which lays out a set of goals rather than legally binding commitments. (shrink)

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

This paper argues that product and advertisement are neither completely dependent nor completely independent. The advertisement of a bad product cannot be good. The advertisement of a good product is not necessarily good. In the case where consumer sovereignty cannot be assumed, the goodness of an advertisement depends solely on the goodness of the product. In the case where consumer sovereignty can be assumed, the goodness of an advertisement depends first on whether the product is good, and if (...) so, whether the advertisement preserves individual autonomy. (shrink)

Governments, producers, and international free tradeorganizations like the World Trade Organization (WTO) areincreasingly confronted with consumers who not only buy (or don'tbuy) goods, but also demand that those goods are producedconforming to certain ethical (often diverse) standards. Not onlysafety and health belong to these ethical ideals, but animalwelfare, environmental concerns, labor circumstances, and fairtrade. However, this phantom haunts the dusty world of social andpolitical philosophy as well. The new concept ``consumersovereignty'' bypasses the conceptual dichotomy of consumer andcitizen.According to the narrow (...) liberal response to this newconstellation, with respect to food one should conceptualizeconsumer sovereignty as the right of the individual consumer toget information on food products and to make his or her ownchoice on the market of food products. In this conception, thereis a very strong emphasis on rules and principles with respect tothe autonomy of individuals.I argue that these narrow liberal concepts are not sufficient forappropriate public policy-making in democratic societies, andthat they only enable us to identify problems; they do not helpnon-experts (and experts, if it comes to that, as well) inweighing the different ethical claims. Besides, not onlyprinciples play a role in the outcome, but all kinds of ideals aswell, like roles, values, and norms. My principal argument isthat analysis or justification of norms or principles is notsufficient to get a synthesis or construction of ethicalsolutions: we need some value orientation to guide us inbalancing the different ethical claims by solving an ethicalproblem. Moreover, this balancing is something that requiressocial space and social time, i.e., public debates. With theconcept of public debates a whole new dimension enters ethicalanalysis, because the attention of ethicists shifts toformulating criteria of successful and rational public debates.However, in the broad liberal view these concepts aresupplemented with values, preferences, practices of care, andinvolvement. I argue firstly for a broadened perspective on foodas an integral part of life styles and not only as something thatpresents risks. That is the reason that food gets such intensiveattention from the public, which is summarized in the concept ofconsumer concerns. Secondly, I defend the argument that not only(rational) public debates, but intensive commitments of bothproducers and consumers in every link of the chain in so calledcare practices or consumer councils can enhance confidence in thefood production system and the way we extract our daily intakefrom nature. (shrink)

Critical legal scholarship has recently turned to consider the form, mode and role of law in neoliberal governance. A central theme guiding much of this literature is the importance of understanding neoliberalism as not only a political or economic phenomenon, but also an inherently juridical one. This article builds on these conceptualisations of neoliberalism in turning to explore the wider historical, cultural and sociological contexts which inform the production of neoliberal authority. The papers in this collection were first presented at (...) the symposium ‘Forms of authority beyond the neoliberal state’, held at the Griffith Law School in December 2017. They consider the role of the corporation, the site of the university, the politics of debt, the genre of prestige television, and the archic sources of state violence, in order to imagine forms of authority which lie beyond neoliberalism as an ideology and a set of practices, and the ensemble of institutions which constitute the neoliberal state. The contributions draw on social theory, philosophy, cultural studies, legal geography and political theology in exploring new possibilities for cultivating judgement through and beyond the sovereign, political and aesthetic terrains of neoliberal governance. (shrink)

Beliefs once limited to the extremes of the North American gun culture have become mainstream, while the US Supreme Court’s ruling in District of Columbia v. Heller and a spate of right-to-carry laws have contributed to the proliferation of guns in public life. These changes in political discourses, legislative agendas, and social practices are indicative of an emergent and pernicious form of subjectivity, which is here defined as self-defensive. Such subjectivity is characterized by a pathological identification with the right of (...) self-defense, which undermines the social conditions of individual freedom and renders subjects unable to comprehend the function of abstract rights within an informal normative order. Practically speaking, this raced and gendered subjectivity relies on extra-legal relations of domination for its reproduction. The rapid expansion of gun rights and the recent loosening of restrictions on self-defensive violence are argued to be responses to a perceived threat to these identity-constituting relations, rather than to the threat of violent crime, which has long been on the decline. (shrink)

Following a government campaign run by the Independent Commission Against Corruption (ICAC) in 1994, many Hong Kong companies and trade associations adopted written codes of conduct. The research study reported here examines how and why companies responded, and assesses the impact of code adoption on the moral climate of code adopters. The research involved (a) initial questionnaire surveys to which 184 organisations replied, (b) longitudinal questionnaire-based assessments of moral ethos and conduct in a focal sample of 17 code adopting companies, (...) (c) interviews with 33 managers in the focal companies examining the adoption and impact of the codes, and (d) content analysis of 41 company codes of conduct, including those of most focal companies, plus the ICAC model code.While a mixture of prudential and altruistic reasons were given for code adoption, content analysis suggested that the prime motive was corporate self-defence. The prevailing themes were bribery, conflict of interest, insider information, gambling, moonlighting, accuracy of records and misuse of corporate assets. Wider social responsibility tended to be neglected. Companies appeared to have imposed their codes top-down, emphasising disciplinary procedures rather than ethics training, and appointing neither ethics counsellors nor ombuds-people. The longitudinal study over a seven month period suggested that while moral ethos may have declined, overall standards of perceived conduct had not changed. (shrink)

The use of cyber force can be as severe and disruptive as traditional armed attacks are. Cyber attacks may neither provoke physical injuries nor cause property damages and still, they can affect essential functions of today’s societies, such as governmental services, business processes or communication systems that progressively depend on information as a vital resource. Whereas several scholars claim that an international treaty, much as new forms of international cooperation, are necessary, a further challenge should be stressed: authors of (...) cyber attacks can be non-state actors, and identifying the party responsible for such a use of force, whether non-state actors or national sovereign states, is often impossible. Accordingly, several programmes on online security and national defence have been developed by sovereign states to tackle this menace and yet, the endurance of Western democracies and their aim to protect basic rights have already been tested by such programmes over the past years. The new scenarios of cyber force do not only concern the field of international law, since they may represent the main threat in the fields of national and constitutional law as well. (shrink)

Both consumers and producers of biotechnology products have insisted that communication between the two be improved. The former demand more democratic participation in the risk assessment process of biotechnology products. The latter seek to correct misinformation regarding alleged risks from these products. One way to resolve these concerns, I argue, is through the use of biotechnology labels. Such labeling fosters consumer autonomy and moves toward more participatory decisionmaking, in addition to ensuring that informed consent from consumers is maintained. Furthermore, although (...) voluntary biotech-free labeling in lieu of biotechlabels may uphold consumer sovereignty, the latter remains a more effective strategy for achieving ethical communication between consumers and producers of biotechnology products. (shrink)

States cannot legitimately enforce their borders against migrants if dominant conceptions of sovereignty inform enforcement because these conceptions undermine sufficient respect for migrants’ basic human rights. Instead, such conceptions lead states to assert total control over outsiders’ potential cross-border movements to support their in-group’s self-rule. Thus, although legitimacy requires states to prioritize universal respect for basic human rights, sovereign states today generally fail to do so when it comes to border enforcement. I contend that this enforcement could only be (...) rendered legitimate if it was predicated on more desirable conceptions of sovereignty that supported the universal prioritization of basic human rights. Specifically, desirable conceptions would not establish and require absolute state sovereignty over borders as a necessary precondition for true popular self-governance. (shrink)

Information and communication technologies (ICT) enable citizens to communicate across state borders with greater ease than ever before, exciting much speculation about the emergence of transnational public spheres. This highly original work introduces this debate to International Relations, by investigating the socio-political implications of ICT in a global governance framework. Classic Habermasian theory is radically reconstructed to take account of contemporary trends in state sovereignty and global civil society. It is argued that if access is not widened and (...) free speech not sufficiently protected, the early promise of ICT as a liberating force will be neutralized. (shrink)

Aboriginal claims for self-government in the Americas and Australasia are distinctive for being less about secession—at least so far—than about demanding an innovative rethinking of the regulative norms and institutions within and between already established nation-states. Recent cases in Australia (and Canada) provide an opportunity to consider the nature of such claims, and some of the theoretical implications for regulative conceptions of sovereignty and the rule of law. A general question informing the entire discussion here is: how do particular (...) conceptions of the rule of law affect Aboriginal claims? Can a distinctive body of Aboriginal law survive in a liberal constitutional state already constituted in part by regulative ideals of the rule of law? (shrink)

This chapter examines global policing as it takes shape through the work of Interpol, the International Criminal Police Organization. Global policing emerges in the legal, political and technological amalgam through which transnational police cooperation is carried out, and includes the police practices inflected and made possible by this phenomenon. Interpol’s role is predominantly in the circulation of information, through which it enters into relationships and provides services that affect aspects of governance, from the local to national, regional and global. (...) The chapter describes this assemblage as a noteworthy experiment in developing what McKeon called a frame for common action. Drawing on Interpol publications, news stories, interviews with staff, and fieldwork at the General Secretariat in Lyon, France, the history, institutional structure, and daily practices are described. Three cases are analyzed, concerning Red Notices, national sovereignty, and terrorism, in order to explore some of the problems arising in Interpol’s political and technical operating arrangements. In conclusion, international and global policing are compared schematically, together with Interpol’s attempts to give institutional and procedural direction to the still-evolving form of global policing. (shrink)

This paper explores how the Leviathan that projects power through nuclear arms exercises a unique nuclearized sovereignty. In the case of nuclear superpowers, this sovereignty extends to wielding the power to destroy human civilization as we know it across the globe. Nuclearized sovereignty depends on a hybrid form of power encompassing human decision-makers in a hierarchical chain of command, and all of the technical and computerized functions necessary to maintain command and control at every moment of the (...) sovereign's existence: this sovereign power cannot sleep. This article analyzes how the form of rationality that informs this hybrid exercise of power historically developed to be computable. By definition, computable rationality must be able to function without any intelligible grasp of the context or the comprehensive significance of decision-making outcomes. Thus, maintaining nuclearized sovereignty necessarily must be able to execute momentous life and death decisions without the type of sentience we usually associate with ethical individual and collective decisions. (shrink)

Informed by medical science and biotechnology, Karoline Georges’s novel Under the Stone offers a reflection on suffering bodies and imagines responses to an overwhelming sense of fear and passivity that embodied trauma and the world’s many crises can create. In line with the editors’ reclaiming of the milieu for the medical humanities, I draw on Deleuze and Guattari’s geophilosophy and Sara Ahmed’s notions of stranger and encounter for reading the novel’s spatialization of oppressive power dynamics and its imagination of subversive (...) emergence. I also complicate the literary text’s discourse on space and body by relying on wonder studies to examine further its alternative forms of careful attunement enacted through the protagonist’s affective and disembodied awakening, the latter fueled by his escape from “the incessant movement of automatic components that delineat[e] [his] presence in the world” (Georges 2016, 61). Happening from and because of the Tower’s milieu, this escape becomes a mitigating force to physical, affective, and social struggles. I thus contend that Georges’s text provides thought-provoking material about the functions and effects of art for addressing the dangers and promises of bioethics, body sovereignty, and life protection. (shrink)

This paper elaborates some of the conceptual implications of Derrida’s call for “another thinking of life” in Voyous: Deux essais sur la raison. The paper first argues that Derrida’s deconstruction of the opposition between metaphorical and literal uses of the discourse of life in La vie la mort is radicalized in Voyous when he argues that democracy’s “autoimmunitary suicide” should be the point of departure for rethinking life in general. To understand further these autoimmune-suicidal tendencies, the paper turns to Derrida’s (...) engagement with Aristotle’s conceptual figure of the prime mover in Voyous. The paper argues that Derrida turns to Aristotle because the prime mover illustrates the ways in which the concept of life remains historically and structurally informed by the philosophical value of ipseitocratic sovereignty, which is allergic to the disseminatory, proliferating, and improper qualities that the philosophical tradition has always ascribed to democracy. Autoimmunity thus provides a way for thinking of a democratic life that is not entirely determined by the teleological power of any divinely good life. (shrink)

It is an article of almost religious faith in the United Kingdom that the National Health Service is far superior to a competitive market in health care services. In this brief and informal paper I show that the opposite is true. In contrast to market provision, the existence of the National Health Service entails the following. First, consumer sovereignty is virtually destroyed, since what services the consumer receives and how much he pays (through taxation) are determined by the government (...) of the day in consultation with vested and ideological interests. Second, a person may be denied a life-saving service despite having contributed more than his fair share to National Health Service over the course of his working life. Third, people often spend less on health care than they would like to spend, because any additional contributions (via increased taxes) are not linked to any benefit specifically for the person who makes them. Fourth, provision of services free at the point of need which is not linked to what a person pays encourages a wasteful misuse of resources. Fifth, absence of competition between health care providers leads to high cost and poor quality of service and a tendency to produce a standardised service rather than a tailored one; and government attempts to address this problem usually make it worse. Sixth, people’s freedom to engage in particular activities or lifestyles is likely to be curtailed because the costs of those activities are artificially socialised. I also point out that issues of inequality or poverty are much better addressed by means other than a nationalised health service. (shrink)