In lieu of an abstract, here is a brief excerpt of the content:The King and the Crowd: Divine Right and Popular Sovereignty in the French Revolution Robert G. Hamerton-Kelly Stanford University We French cannot really think about politics or philosophy or literature without remembering that all this— politics, philosophy, literature—began, in the modem world, under the sign of a crime. A crime was committed in France in 1793. They killed a good and entirely likable king who was the (...) incarnation of legitimacy. We cannot not remember that this crime was horrible... When we speak about writing, the accent is on what is necessarily criminal in writing. (Jean-François Lyotard, "Discussion Lyotard-Rorty" 583; quoted in Dunn 165) The condemnation ofthe king is at the crux ofour contemporary history. It symbolizes the secularization of our history and the disincarnation of the Christian God. (Albert Camus, The Rebel 120; quoted in Dunn 140) Susan Dunn makes a well-documented case that the death of Louis XVI was unconsciously understood, especially by the Jacobins, as a human sacrifice that was necessary for the founding of the republic. "Louis must die because the patrie must live," said Robespierre at the king's trial, and the representative Carra considered Louis "the source of corruption and servitude... the fatal talisman ofall our ills" whose death would cause the people to be "regenerated in morality and virtue" (Dunn 15-37). The king was a monster and the source ofall the ills, and his death 68Robert G. Hamerton-Kelly had the power to alleviate those ills and regenerate the nation. This image of the king as sacrificial victim persisted throughout the first half of the nineteenth century in French literature and politics, sometimes assimilating itself to the image of Jesus Christ who died for the sins of the world. Legitimist writers like Joseph de Maistre saw his death precisely in this light as a great Christian sacrifice that would do France and the world good (Dunn 28-37). The king as a sacred monster whose life causes all ill and whose death brings healing is the classic figure of the scapegoat or sacrificial victim identified by René Girard. Susan Dunn recognizes this but because she does not know Girard's mimetic theory she is not able to explain the significance of the scapegoat king. Her work is, indeed, as Conor Cruise O'Brien says in the foreword, a work ofdemonstration rather than argument, of evidence rather than interpretation. I offer a mimetic interpretation ofthe Jacobin claim that the death ofthe king was the human sacrifice that founded the republic, and an argument that a universally operative generative mechanism forged the historical events of the revolution.1 There is no essential difference between the sovereignty ofthe king and the sovereignty of the people. In both cases sovereignty arises from a metaphorical contract that threatens death to anyone who violates it. The royal metaphors are organic while the revolutionary metaphors are legal and rational, but they all express the sacrificial structure ofpolitical power. Revolutionary democracy imports the fiction ofrationality to obscure its sacrificial structure. The desire ofthe general will for contractual equality is a transformation of mimetic desire in search of a victim around which the bad violence ofmimetic rivalry can coalesce into the good violence of sacred order. Sovereignty, therefore, is structurally single and simple; it is violence transformed through the sacred into the powers oforder. Max Weber understood this in general ifnot in its particulars when he defined sovereignty as the monopoly of the means of violence within a single territory.2 1 Mimetic theory was discovered by René Girard. I have given an account of my understanding of it in 7Ae Gospel and the Sacred 129-52. The idea of a mechanism universally operative in human history isjustified in the emerging discipline ofevolutionary psychology. Such mechanisms are the result ofthe interaction ofgenetic and environmental factors in the process of evolution (see Robert Wright). 2 The precise quotation from Weber is as follows: "The state is a human community that (successfully) claims the monopoly of the legitimate use of physical force within a The King and the Crowd69 The transition from royal to popular sovereignty is a transformation of the basic pattern of victim and group. The... (shrink)

Este artículo constituye un breve resumen del trabajo de investigación realizado por la autora, la historiadora Michèle Riot-Sarcey, junto a Maurizio Gribaudi, publicado en París por Éditions La Découverte en, 2008, con el título 1848, La révolution oublié. Esta lectura se ha constituído en un referente importante en la actual discusión abierta en Francia sobre la relación entre historia, pensamiento utópico y revolución, y permite, al mismo tiempo, una nueva lectura del llamado «48 chileno».

In a series of articles written for the Neue Rhenische Zeitung in 1850, later published by Friedrich Engels as The Class Struggles in France, Karl Marx looked back on the failed French revolution of 1848 and attempted to explain how the democratic aspirations that inspired the February assault on the July Monarchy-and promised to fulfill the dashed hopes of 1789, 1792, and 1830-also led to its termination in the reactionary popular dictatorship of Louis Napoleon Bonaparte. Popular sovereignty, which (...) had so often defined the emancipatory visions of two generations of radical activists and thinkers was now not only an obstacle to genuine emancipation, but a plebiscitary source of power for newly emergent forms of political domination. Bonapartism became, for Marx, an important way of understanding the complex internal dynamics of popular-and later "populist"-authoritarianism. It is an analysis that continues to resonate powerfully today. The national enthusiasm that propelled the revolution forward, and which overturned the hated regime of Louis Phillippe in three glorious days, had successfully established for the first time in history a parliamentary republic based in universal male suffrage. The Second Republic's provisional government was immediately thrown into a legitimation crisis, however, by the underlying sectional, parliamentary, and class conflicts lurking beneath its illusory foundation in the people's unitary will. When the popular classes of Paris returned to the barricades in June to protest the conservative government's closure of the National Workshops-and to convert the political revolution into a social revolution based in the "right to work"-they were abandoned by their fellow citizens and thousands were massacred in the streets by Cavaignac's National Guard. The "fantastic republic" built around the pretensions of national unity, Marx proclaimed, quickly "dissolved in powder and smoke." Tocqueville described the June days as a "slave's war," and in its aftermath the Party of Order quickly consolidated its power against any furthering of revolutionary aspiration. (shrink)

Jeremy Bentham came to know Jacques-Pierre Brissot when he was in London between midwinter 1782–3 and summer 1784. They shared some opinions: Brissot indeed saw Bentham to some extent as his mentor. There was never complete accord, however; and Brissot's increasingly radical political views were not at that stage shared by Bentham. In any case, their ways parted with Bentham's prolonged sojourn with his brother in Russia between 1785 and 1788. It was revolution in France that brought renewed contact, though (...) no further personal encounters. By the winter of 1788–9 Bentham was writing, with France in mind, an increasingly elaborate work on parliamentary procedure; and by the spring Brissot was (much more expeditiously) writing and publishing his account of the subject. One element in that work dealt with an issue on which Bentham vigorously opposed Brissot; for it included a strongly argued case for a declaration of rights – something Bentham had already attacked in 1776. He renewed that attack in a letter to Brissot in the late summer of 1789. By the autumn, however, writing to Brissot again, he raised a subject on which the two could sympathise – the importance of asserting popular sovereignty in the new French constitution. That sovereignty, Bentham insisted, must extend to the administration of justice – royal authority must be rigourously excluded from control of the judiciary. The judicial establishment in France was to be Bentham's predominant concern between the winter of 1789–90 and the following summer, and he now had assistance, especially from Etienne Dumont, in translating and publicizing his work. Brissot was probably – though there is no direct evidence – aware of these efforts. In the autumn Bentham's principal concern was the promotion in France of his scheme for a model prison – the Panopticon. That cause was helped by the cordial reception in the National Assembly of his judicial reform proposals. By then he was again in touch with Brissot, whose support he now sought for the Panopticon project – at first with some success. No progress was made in 1793, however, as Brissot's revolutionary career reached first its apogee and then its disastrous end. Many years later, as Bentham's life drew to a close, Brissot's Mémoires served to remind him of their uneasy partnership in the years of revolution. (shrink)

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

First published in 1848, Frederick Grimke's book, in the words of the editor, "deserves comparison with Tocqueville's justly famous work, Democracy in America, and is in certain ways superior. It is the single best book written by an American in the nineteenth century on the meaning of our political way of life." A second edition of Grimke's work was published in 1856, and a third edition appeared posthumously in 1871, but since then this classic in American thought has been almost (...) completely lost to sight. Grimke was born in South Carolina in 1791, and later moved to Ohio where he became a judge. He remained a bachelor, led a rich and cosmopolitan intellectual life, and accumulated an excellent library. His sisters Angelina (wife of the abolitionist Theodore Weld) and Sarah were both famous for deserting their South Carolina heritage and becoming active in the abolition and woman suffrage movements. In 1842 Grimke retired from the bench to devote the remainder of his life to study and writing, setting himself the task of educating his contemporaries in the nature of their society. His major achievement was The Nature and Tendency of Free Institutions. Grimke's range of topics includes the right of the majority, the character and operation of elective governments, the function of political parties, the American contrasted with the English and French constitutions, and the separation of powers in the American political systems. He sees governmental institutions as the expression of the general structure of society which calls them into being. In his Introduction, Mr. Ward points to Grimke's thesis "that the separation of powers in the frame of the American constitution works not because power is distributed within the government but because all branches of the government are, directly or indirectly, responsible to the will of the majority of the people outside the doors of government." As a result of the party system, Grimke wrote, "we may vary the paraphernalia of government as much as we please, but it still obstinately persists in every one of its departments to be a government based upon the popular will." Mr. Ward calls attention to Grimke's passionate belief that "freedom is its own justification" and that its ultimate value is that "it created the kind of character which made freedom possible." He held that "the only way to make a man fit for freedom is to give him freedom." Yet, unlike his sisters, he shared a view of race that was pervasive in his time and was unable to imagine the extension of freedom to the slave. In contradiction to his views of government and freedom, he upheld Negro slavery even to the extent of sanctioning secession to protect it. To him, "the open affirmation of the right of secession would serve to maintain the Union, not destroy it.". (shrink)

This collaborative volume offers the first historical reconstruction of the concept of popular sovereignty from antiquity to the twentieth century. First formulated between the late sixteenth and mid-seventeenth centuries, the various early modern conceptions of the doctrine were heavily indebted to Roman reflection on forms of government and Athenian ideas of popular power. This study, edited by Richard Bourke and Quentin Skinner, traces successive transformations of the doctrine, rather than narrating a linear development. It examines critical moments in (...) the career of popular sovereignty, spanning antiquity, medieval Europe, the early modern wars of religion, the revolutions of the eighteenth century and their aftermath, decolonisation and mass democracy. Featuring original work by an international team of scholars, the book offers a reconsideration of one of the formative principles of contemporary politics by exploring its descent from classical city-states to the advent of the modern state. (shrink)

continent. 1.4 (2011): 253—278. A Sense of French Politics Politics itself is not the exercise of power or struggle for power. Politics is first of all the configuration of a space as political, the framing of a specific sphere of experience, the setting of objects posed as "common" and of subjects to whom the capacity is recognized to designate these objects and discuss about them.(1) On April 14, 2011, France implemented its controversial ban of the niqab and burqa , commonly (...) referred to as the Islamic veil, in public places. On the coattails of the 2004 prohibition of religious artifacts, including the less concealing hijab or Islamic headscarves, in schools, the veil ban sparked equal outrage across both political and theological spectra, and many on both sides of the debate were quick to inquire about enforcement. As Steven Erlanger reports, “The police do not have the authority under the law to remove full veils, only to fine or require citizenship lessons for those who violate the new law.”(2) While the legal and social implications of this interdiction are ripe for study, the reprisals for breaking the law, notably compulsory citizenship classes, illuminate the strategic governmentality underlying the French government's targeting of the Muslim community, particularly those elements it considers affiliated with fundamentalist factions and/or terrorist organizations, if only through fashion—an integral component of French citizenship. Indeed, in allowing the (fashion) police to mandate instructional courses in citizenship for offenders, France implies that any Muslim choosing to wear the niqab or burqa , perhaps even for those who are already citizens, must not be aware of the subtle nuances of dress indicative of the French citizenry within public space. Furthermore, the degree of instruction requisite to citizenship, which clearly can and must be updated as the state sees fit, cements the imagined relation between citizens and states within the discourses on the veil ban. As Sharma contends, “Concepts of citizenship are the ideological glue that bonds the nation to the state. Citizenship provides the legal framework through which the state performs its role as ruler for the nation.”(3) Speaking for/as the state, French President Nicolas Sarkozy declared in a 2009 presentation before members of the government and other citizens that the burqa “is not welcome on the territory of France.”(4) Although there is nothing unique, especially recently, about a nation-state taking extreme measures to guard itself against what it deems to be threats to its sovereignty, the way in which the ongoing discourses on hijab have (d)evolved, which coincide with recent pronouncements by governmental leaders in Germany, Britain, and France that policies of multiculturalism have “failed,”(5) points toward nationalist reterritorializations, which is also to say physical and ideological re-appropriations, of public space within democratic milieux, which remain predicated upon the mediation of spaces. As Panagia deduces from Rancière, “Democracy […] is not an institutional form of government […], but an appearance whose visibilities and audibilites arise out of the dissonant blur of the everyday.”(6) Ultimately, the veil ban represents a calculated move to regulate the every day, which is to say the micropolitics of, that which is visible and invisible within French society, which makes it nothing short of a struggle to manage (the sensation of) bodies. Re-situating the political within the context of sense, Rancière argues that the fundamental essence of politics lies within the distinction between consensus and dissensus , and whereas most consider politics proper as fundamentally concerned with the fluid operations of the state— consensus , Rancière actually locates the political within events that disrupt the normative sensory order of things— dissensus . He explains, “Politics revolves around what is seen and what can be said about it, around who has the ability to see and the talent to speak, around the properties of spaces and the possibilities of time.”(7) This reformulation of politics centers on agency and, albeit perhaps unintended, representationality and offers a useful formulation for spatializing the discourses surrounding the Islamic veil, which are mired within seemingly senseless policies and practices of objectification. Instituting a normative “regime of visibility,” the French veil ban encapsulates the political economy of agency, now both mediated and representational, under the rule of nationalist governmentalities in increasingly transnational contexts.(8) Adjudicating presence within public space signals a concern with the sensory aspects of agency itself—what Rancière terms the “distribution of the sensible,” which is “a matrix that defines a set of relations between sense and sense: that is, between a form of sensory experience and an interpretation which makes sense of it.”(9) To be concerned with sense is to focus upon the body, and this somatic repositioning of the (fashionable) citizen within the territory of the state augurs the resurgence of nationalist bio-politics within Europe, since, as Hage explicates, “Nationalism, before being an explicit practice or a mode of classification, is a state of the body. It is a way of imagining one's position within the nation and what one can aspire to as a national.”(10) The French government's attempt to make (bodily) sense of public space for its citizens by and through policies aimed against a burqa-clad Muslim minority, which might only apply to “less then 400 to fewer than 2,000” women(11), reveals the necessary, yet mercurial, transmutation of public space into national space through bio-political strategies of sense-making, which, as Hage observes, denotes that “nationalists perceive themselves as spatial managers.”(12) At the center of this concern over public space is the equally contentious dimension of governing female Islamic identity, which has become one of the main critiques levied against Islam from outsiders who view the veil in its various forms as a clear sign of the religion's actual and symbolic violence against women, even if such critiques remain ensconced within nationalist discourses. As Halim and Meyers argue, “Although Western news media may focus their coverage of Muslim women on the debate over whether and the extent to which the veil may by oppressive to the women who wear it, they have exhibited little interest in the physical oppression of violence against women in Islamic countries.”(13) While it falls outside of the scope of this analysis to arbitrate all of the dimensions of this debate, understanding some of the issues related to female identity and hijab within public space are crucial to this study. As these topics are extraordinarily complex, even and perhaps especially within the Muslim community, it is necessary to provide some context concerning the value, purpose, and meaning of the Islamic veil, which has a rich and arduous history. The Art of the Veil At present, there are only two countries, Iran and Saudi Arabia, that require women to wear hijab , which is a decidedly problematic term and concept whose locus is itself caught within a struggle of sensation. Noting the strategic reterritorialization of the term, Berger explains: The choice of the name, hijab , now widely adopted to designate the “Islamic veil,” it itself interesting, although the semantic shift it operates is not directly commented upon by its users. Although the design (both the cut and the symbolic function) of the hijab and the Iranian chador are indeed the same, as opposed, for instance, to the traditional Algerian haik , the word hijab has come to replace the term chador popularized by the Iranian revolution, as a properly Arabic (hence Koranic) designation. This discursive shift points to the successful reclaiming of the national revolution in Iran by a transnational pan-Islamic movement, whose language of reference can only be Koranic Arabic.(14) While the hijab is certainly a point of contention within various countries dealing with immigrant Islamic populations (of which France has the largest in Europe as part of its colonial legacy in Algeria), it is clear that the veil is a historically contextualized artifact of Muslim identity with a variety of manifestations, even as forces outside of and within Islam seek to codify its actual and symbolic value. Ultimately, the varieties of hijab , including the full-faced burqa and niqab , are complex assemblages of meaning that speak to the multitudinous flows of Islamic identities over time and space. As Gökariksel and McLarney observe, “Wearing a certain style of veil may simultaneously be a disciplinary practice crucial to the cultivation of piety (Mahmood 2005; Gokariksel 2009) and a gendered performance of social distinction in terms of class, taste, and urbanity (White 1999; Navaro-Yashin 2002; Gokariksel and Secor 2009) or of ethnicity and race (Dwyer 1999).”(15) The ideological marketplace from which the varieties of hijab ebb and flow serves both as a reflection of the ever-present materiality and dynamic functionality of spiritual economies, which are derivative of the equally ubiquitous flows of transnational capital driving agency and representationality within our historical moment. Keeping these dual, yet deeply interconnected, capital ecologies as the site of exploration for how the veil is represented within public space, one might begin to sense what lurks behind such veiled agendas. Examining the symbolic and representational nature of the Islamic “veil” in its various forms, this project situates the decidedly political contestations of public space at stake in the French ban alongside recent condemnations of multiculturalism as calculated efforts to re-distribute the sensible so as to valorize national identity within increasingly transnational and globalized socio-economic spaces, which collapse exchange values between distinct, yet interwoven, economies of (cultural/material/spiritual) capital. As the discourses on the veil rely upon representational imag(in)ings, it seems fitting to explore the political economy and art of the veil through the phenomenon of street art, which, much like hijab , is a complex assemblage of meaning of sensation mired in representationality and capital exchange. As street artists have taken up hijab in various forms, the movement offers a lens with which to situate critical responses to the veil debate across both spiritual and material economies. Situating this street art both aesthetically and historically, Lewisohn explains, “'Street art' is a sub-genre of graffiti writing and owes much to its predecessor. Though there is a good deal of crossover between the genres, they are distinct and separate in their own right.”(16) Evolving out of the graffiti explosion of the late 1970's and 1980's, street art broke the unspoken rules of the artistic underground by challenging and re-examining one's sensory experience of art in public space by experimenting with both content and form in ways that harken back to the Situationist International, which as a collective challenged one's experience of urban space through various media and experiential phenomena. Again, Lewisohn observes, “It's important to note street art's break with the tradition of the tag, and its focus on visual symbols that embrace a much wider range of media than graffiti writers would use.”(17) From stencils to prints and murals to one-liners, street artists developed a reputation for critical social and political commentary, and while it is certainly the case that not all street art is intentionally political, in challenging the normative “regime of visibility,” as Rancière puts it, of public space, street artists—even if unconsciously—call into question the common sensory experience of the politics underlying the formation of (nationalist) space.(18) Indeed, Rancière refers to the partisan sensory managers as “police,” who ultimately forge “the rules governing the circulation of appearances, of their visibility and audibility, and the proper distribution of bodies therein.”(19) As such, one can sense that street art's relationship with the police is tenous for a variety of reasons. Writing about his own experience as a street artist, Shepard Fairey observes, “With street art, there's no committee deciding whether I can put my work up on the street, there's no censorship, and I have total freedom of expression, and that concept of freedom is expressed just by using the street as a medium.”(20) As Fairey and other street artists demonstrate, the medium, to paraphrase Marshall McLuhan, is the most glaring aspect of street art's message, and even as it now finds itself in galleries and usurped by private collectors, the ethos of the movement remains relavent to politics as it is, first and foremost, concerned with the configuration and experience of space. Just as examining the punishments for breaking the veil ban can map the terrain of French politics, a representational genealogy of street artist's deployment of hijab and female Muslim identity can assist in mining the depths of public space as a site of bio-political control and contestation in light of recent events in France and the rising tide of anti-multiculturalist rhetoric across Europe, even though the Islamic presence there is radically heterogenous. Using the work of Shepard Fairey, Princess Hijab, br1, and Banksy, this paper sets out to answer a number of key questions concerning the deployment of hijab, and female Islamic identity in particular, within street art as a movement now integral to and critical of the economies of exchange underlying global capitalism, which as a force of influence cannot be underestimated as a driver in the resurgence of nationalist biopolitical governmentalities. Although there exists a litany of artists to choose from, the aforementioned quartet of designers integrate hijab into their work in a seminal and critical fashion, and all have been working with the veil in some way prior to the French ban, which grants some additional context to their usage of it as a symbol in regards to the breakdown of multiculturalism across Europe, even if unconsciously. Although each artist depicts various amalgamations of hijab in their respective corpus, they share common tropes that raise significant questions concerning the veil debate, namely: what are the conditions of possibility for hijab to become a marker of Islamic identity within public space? How can we make sense of the representational topologies within street art's utilization of the hijab and female Islamic identity in light of the French ban? How might these aesthetic imag(in)ings simultaneously inhabit and combat normative discourses concerning hijab , multiculturalism, female Islamic identity, and public space? With these considerations as a backdrop, it is first necessary to outline more fully the hijab as a representative marker of female Islamic identity. The (Veiled) Writing on the Wall

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Habermas’ theory of popular sovereignty has received comparatively little sustained critical attention in the Anglo-American literature since initial responses to Between Facts and Norms. In light of subsequent work on group agency, this paper argues that Habermas’ reconstruction of popular sovereignty—in its denial of the normative force of collective citizen action—is best understood as a renunciation of the doctrine. The paper is structured in three sections. Section 1 examines Habermas’ treatment of popular sovereignty prior to Between Facts (...) and Norms as both (i) a principle of constitutional legitimacy or normative justification for the modern Rechtsstaat and (ii) a concept of legitimation for the rule of the ascendant liberal bourgeoisie. Section 2 then argues that Habermas’ reconstruction of popular sovereignty in Between Facts and Norms, by discounting the role of collective citizen agency in the justification of the modern constitutional state, empties the doctrine of its core normative content. The final section briefly elaborates on this claim by reference to Habermas’ theory of the public sphere. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:126 HISTORY OF PHILOSOPHY be used in a thousand different ways; it has been a misty halo which could be summoned to surround all revolution and every reaction. To the extent that the limitation upon man's right to consent to either tyranny or chaos was ignored or rejected in particular circumstances, it became associated with the dream of all the discontented and unfortunate. It has been a symbol (...) which might be invoked by all who have sought power with the support of the people. Popular sovereignty almost, but never quite, became the principle that work-a-day political justice is merely what the people want. The transition from historic popular sovereignty to Western democracy was a product of an age of confusion which began in the sixteenth century. On the one hand, there were specific things which it was considered that the power of the people should do, and therewith emerged the whole problem of what practical techniques the people might use. On the other hand, the basic divisions in modern theory of the function of public opinion appeared as the problem's philosophical counterpart (p. 12). Prof. Wilson traces the growing recognition and respect for "opinion" in politics from Plato, who had a low opinion of it, through the Medieval controversies to Marsilius of Padua, who, on Aristotelian premises formulated the "modern" principle that "the whole body of the citizens, or the weightier multitude thereof, which must be taken for the same thing, can better discern what must be elected and what rejected than any part of it taken separately" (p. 28). From this doctrine to the theory of popular sovereignty the way is fairly evident. But the story from the faith in popular sovereignty to a genuine theory of the legitimate and useful functions of public opinion and to a conception of institutionalized public opinion, which is central to modern democratic theories, is an intricate development. This story the author tells with great skill and with many references to the important literature. HERBERT W. SCHNEIDER Claremont, CaliJornia Rational Man: A Modern Interpretation of Aristotelian Ethics. By Henry Babcock Veatch. (Bloomington: Indiana University Press, 1962. Pp. 226. ~5.00.) Professor Veatch's book is an engaging one in its plea that philosophers be allowed to write (and that some should write) in "normative ethics" and not just in "recta-ethics." It is only less engaging in its exposition and advocacy of a Socratic-Aristotelian doctrine that the good life for man is an "examined life" and is a striving for the natural end of man as a rational animal. It is least engaging (and least accurate) in its counterattack, probably uncalled for in the thesis, on Moore's attack on the "naturalistic fallacy," which Mr. Veatch holds responsible, whatever may have been Moore's intention, for all the noncognitivists--emotivistor existentialist or popular. Moore's criticism of the naturalistic fallacy, right or wrong, has had the tribute of an extraordinary number of interpretations and criticisms in turn. Mr. Veatch's will not, I think, add to our understanding of the matter. Aristotle's opening "The good is that at which all things aim" is notoriously equivocal. Does it tell us what things aim at or what the good is? Mr. Veatch takes it as defining good but as needing, and having, the specification that the good is what a thing aims at "by nature," properly. I do not think this is Aristotle's basic doctrine. His very equivocality and circularity is perhaps his final sagacity in a subject not meant for scientific precision and he might better be taken on his word in the Rhetoric: The good is what would be chosen by the ablest man, with relevant knowledge, if the man is good. Virtue has happiness as its aim and happiness is a life in accordance with virtue. BOOK REVIEWS 127 And yet, with all his caviling, Aristotle does back up Socrates's examined life and his acceptance of arete as arete of someone and for something with the application of "know thyself" to the definition of man as a rational animal and with the advice that we try (some few) to reason and (all) to be... (shrink)

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

This volume is a sequel to the author's earlier work on the development of European theories of sovereignity and constitutionalism. Professor Franklin here explains a major innovation associated with the English Civil Wars. It was only now, he shows, that there finally emerged a theory of sovereignity and resistance that was fully compatible with a mixed constitution. The new conception of resistance in a mixed constitution was to enter the main tradition via Locke, who stood alone among major writers of (...) the 1680s in holding that the effect of tyranny by any constituted power, even by the King alone, was entire dissolution of the government and the reversion of power to the general community. When this familiar position is read against the background of preceding constitutionalist theory, the Second Treatise reveals a new dimension of novelty and historical significance. (shrink)

Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from its proper (...) setting in history to “plague and befog contemporary thought.” 2 . . . So contested is the concept that, rather than pursuing the contestation, many political theorists think we should give up so protean a notion. Granting that the debate on the relevance of sovereignty frustratingly oscillates between claims that it will either continue to exist or that it is about to disappear, forgetting it altogether, and thereby escaping this seemingly endless argument, can easily appear as the most urgent task for political theory . The following argument makes a case that the “urgent task” is not the abandonment of the concept of sovereignty, but an understanding of its essential philosophical nature as an integrated and evolving expression of practical reason. Sovereignty is neither ambiguous nor obscure once its fundamental presuppositions are laid bare and its many philosophical and historical manifestations shown to be the product, in actuality, of a single, dialectally dynamic but integrated set of metaphysical elements. This is the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source , locus , and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility to a balance dominated by legal right to a dialectic of duty to humanity and nature. All three arguments are meant to be a contribution to the new field of International Legal Philosophy as defined by Phillip Allott. 4 This field combines a sensitivity to legal practice with an effort to understand the underlying philosophical determinants of empirical choice and behavior. One purpose of international legal philosophy is to “remove” from the minds of those who study the law what Diderot defined as “the sophism of the ephemeral,” and what Allott calls “the disempowering idea that what xii Preface happens to exist now is inevitable and permanent.” 5 A core imperative is to “reunderstand what it is to be a thinking being” 6 and to rediscover the dialectic between the private and the public as it determines, and is redetermined by, legal practice. This requires a “revolution in the human mind” 7 so that we may transcend the current dependence on positivist methods and empirical fact as an end-in-itself, and try to understand the underlying and more constant and essential ideas and inherent dialectics that constitute the substructure or “metaphysics” of international law. I will approach this “revolution” with the use of R. G. Collingwood’s philosophical method 8 and the philosophy of David Hume, applied to international law as an expression of practical reason. The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered to identify the ideas within the issue, and their definition, overlap, and systematic interdependence. Philosophical method is a means with which to interpret and understand competing systematic and complete conceptual logics, existing at the core of an issue and pertinent to policy change. Philosophical method is therefore not meant to be a replacement for the empirical investigation of a policy or legal issue, or the use of scientific method in social studies. Rather, it is a complimentary and prerequisite method that seeks to transcend the limitations of positivism and present a more complete understanding of the philosophical presuppositions of positivist ideas like power, interest, or strategic rationality. Philosophical method is meant to be used with the facts of the policy or legal issue to match an illuminating logic of concepts with a pertinent logic of investigation . Within the CPA, the use of philosophical method and the metaphysics of a policy or legal issue is assumed to be critical to the full understanding of the overlapping concepts, dialectics, and scale of forms that determine, and are determined by, the empirical context of the policy or legal topic. Specifically, instead of utilizing bits and pieces of various theoretical arguments to address narrowly focused empirical questions, as positivism prescribes, I will address the evolution of international law as practical reason in three phases. Each will be approached through a single integrated logic of philosophical concepts from a particular philosopher (i.e., David Hume, G. W. F. Hegel, Immanuel Kant). This philosophically holistic approach to the law is based on the assumption that only through the use of a single integrated argument in legal analysis can sovereignty, or any concept, be understood as a truly systematic and logical whole. A complete philosophical paradigm has a dialectic integrity and systematic logic that can more adequately describe the evolving essence of a concept like sovereignty. This approach also has the advantage of generating a number of distinct holistic descriptions of the law through the application of different philosophical systems, one at a time, to its factual structure. 9 Positivism does not seek Preface xiii holism, and rejects the idea that “theory” has such a characteristic. The essential or comprehensive substructure of any idea is therefore ignored in a method that recommends the observation of empirical problems through the use of whatever hodgepodge of theoretical elements is seen fit to frame its superstructure. This failure to deal with metaphysics has retarded both an essential understanding of international law as a species of legal system, and any holistic and dialectical conceptualization of its inherent concepts, like sovereignty. A second positivist convention expects modern theorists to create new theory rather than to refine and apply that of existing philosophy. This predisposition is driven by the positivist goal of discovery that ignores refinement as a possible purpose of philosophical analysis. Collingwood argues that philosophy must take that set of ideas already known and utilize existing systematic philosophical arguments to refine them so that they evolve closer to their essence as concepts. Considering this imperative, the idea of sovereignty can be assumed to have had valid usage for hundreds of years, over which time, the concept has evolved to mean different things, each a refinement of the definition that preceded it. Transcending positivism means that the scholar’s search is not for “new” material, but to decipher the metaphysical essence of a concept as it has been made manifest over time and context. These manifestations are rooted, and refined from, the known terms of that concept’s inherent idea(s). Rather than depending exclusively on positivism and its conventions, my work utilizes, in addition to Collingwood, the intact philosophical systems of Hume, Hegel, and Kant to trace the refinement of international law as a product of human practical reason. These paradigms, or integrated systems of logical concepts, will be applied to legal practice individually, so that each CPA can be deciphered separately. This provides a set of integrated and logically intact paradigms for the evolutionary stages of practical reason in international law. Because each argument is applied systematically, a deeper understanding of the source, locus, and scope in the development of law in general, and international law in particular, is possible where it is not with the application of various disconnected components of many theories. Each CPA based on Hume, Hegel, or Kant can then be used to describe a distinct context that its logic of concepts best illuminates; specifically, the (1) genesis, (2) contemporary dilemmas, and (3) future of the international legal system. By widening the perspective of international lawyers and policymakers, they can more easily perceive the dialectic of ideas that has created, and is refined by, the legal practice in which they participate. We also move toward Allott’s goal of “human self-perfecting.” 10 And, in addition, by providing a more complete knowledge of the origins of legal practice and its evolution, we illuminate the practical possibilities for what we might “choose to be” 11 in the future. To achieve this, the essential metaphysical elements of state sovereignty and its inherent evolutionary scale of forms will be deciphered and described. This will transform what appears to be a multitude of definitions and xiv Preface practical realizations of the concept of sovereignty into a set of interdependent manifestations of a single substructure, made of a single set of dialectic elements. The interpretation of international law through practical reason sorts and integrates a diverse and discordant literature and defines state sovereignty as a single concept evolving on a scale of forms that allows it to exhibit diverse character traits, all arising from different combinations of common and essential metaphysical elements. This approach, compared to positivist methods and legal realism, allows one to transcend current agreement that sovereignty is, at best, a narrowly focused set of empirical characteristics or, at worst, “organized hypocrisy.” 12 This method also encourages the scholar and practitioner to understand the predispositions and pitfalls of the concept of sovereignty, as well as its potential future paths, more effectively. The use of philosophical method to create policy paradigms out of preexisting philosophical systems and apply these to international law will be called Philosophical-Policy & Legal Design . This approach allows the use of preexisting and complete philosophical arguments that provide an adequate logic of concepts to chart the evolution of the idea of sovereignty along its scale of forms. An examination of the source of practical reason in human social convention with the employment of a philosophical-policy drawn from Hume’s logic of concepts about human nature will demonstrate this new approach. Why Hume? Because, up to now, without an adequate substructure we have arguments, like Brunne é’ s and Troope’s, 13 that may correctly identify international law as an “interactional” system, but cannot present any argument as to why it is, where this empirical reality comes from, or what its implications are for the future. Comparatively, Hume provides a logic of philosophical concepts that answers these concerns. First, he fulfills the requirements for a fuller understanding of the origin and evolution of law from social convention and the dependence of social convention on the human imperative for society. Second, he offers a more adequate delineation of the overlapping concepts of the law in terms of the ideas and institutions that deal with norms and justice (e.g., principle, process, practice, rule, power, interest). Third, he provides a fundamental understanding of the essential dialectics at the core of a conceptualization of the law with both unconscious and conscious human participation (i.e., passion. (shrink)

Giorgio Agamben’s concepts of ‘the sovereign’, ‘state of exception’ and ‘bare life’ have been used by political theorists, particularly since the declaration of the Global War on Terror and during the more recent age of wars of humanitarian intervention, to conceptualize the sovereignty exercised by security states. These state processes have been mirrored by absolutization within some branches of political theory, conflating Foucauldian concepts of biopolitical sovereignty and circulatory governmentality with notions of absolutist rule, and narrowing optics for interpreting (...) class='Hi'>popular mobilizations around gendered ‘human security’ projects, emergency regimes and moralizing repression. Suggesting more productive directions for theory, this article generates a close reading of female activists working in an unexpected industry in Egypt who have struggled to invert and subvert absolutist and moralizing framings and have generated their own theory through practice. The ‘Natashas of Cairo’ – well organized and transnationally linked belly dancers – successfully promoted gendered popular sovereignty in remarkable campaigns between 2002 and 2006, utilizing personal-rights litigation to create frameworks to render the absolutist state more accountable; establish labor solidarities that crossed international boundaries as well as class boundaries; and articulate an alternative moral regime for dance work that rejected both ‘pornification’ and the ‘respectability politics’ of professionalization. (shrink)

This paper focuses on Lefort’s and Rancière’s conceptions of democracy as a set of conflictual processes through which the composition of the public sphere is reassessed. Reading their works together and sometimes in opposition to each other, the paper extracts elements of a theory of inessential sovereignty that avoids the pitfalls of populist antagonism and of neoliberal diffuse domination. It analyses Lefort’s and Rancière’s understandings of democracy as rule of the people, which are based on ontological and aesthetical distinctions between (...) ‘politics’ and ‘the political’. It argues that in the structural situation of dissensus described by both Lefort and Rancière, popular sovereignty could be conceptualized as lying in an ability to shape and transform the public sphere. (shrink)

A number of British men and women who were active in the movement for parliamentary reform in Great Britain settled in Paris after the fall of the Bastille in July 1789 to witness and take part in the events of the French Revolution at first hand. For some, it was the fall of the monarchy on the 10th of August 1792 that became the catalyst of their political activism on French soil. This article seeks to situate the writings of members (...) of the British community in Paris on the French Revolution within their broader diplomatic and political context. First it examines the way the French Revolution was seen from a British perspective before going on to explore the creation of the political club that brought together British and Irish residents of Paris who were supportive of the French Revolution, which became known by the name “Society of the Friends of Human Rights”. It will then consider the different perspectives offered by British residents on the drafting of the new republican constitution written between October 1792 and February 1793, paying particular consideration to the way in which British observers approached the question of a government based on popular sovereignty. Finally, it sheds light on the way in which these authors – eyewitnesses of the events they reported on – understood the Revolution and how they attempted, through emphasis on the veracity of their accounts, to shape national opinion in their home country. (shrink)

This essay argues that Kant’s conception of regulative ideas of practical reason introduced in the Critique of Pure Reason serves an important twofold function in his political philosophy. First, Kant’s version of the ideal, Platonic republic acts as the a priori paradigm of a rightful state to which existing regimes can and should conform. Second, Kant frames the regulative status of such practical ideas as a resolution of the conflict between the extremes of dogmatism and skepticism. In his principal political (...) writings from the 1790s—i. e., “Theory and Practice,” “Perpetual Peace,” and the Doctrine of Right—Kant draws on his account of practical ideas in the Critique to articulate a counterfactual norm of popular sovereignty that distinguishes his political standpoint from opponents on the left and the right. Radicals repeat the error of the dogmatists by affirming that the norm of collective self-legislation is completely attainable in experience. By contrast, conservatives make the mistake of the skeptics by denying that rational political standards can be applied to reality at all. I show that Kant reconciles these extremes through his model of gradual, non-violent political reform guided by the regulative ideal of a perfectly self-legislating state. (shrink)

Independent social life of the "Thaw” period is less examined then dissidents' resistance of the 1970s or mass public actions of Perestroika years. Analysis of the 1950-1960s protest actions allows us to trace changes in independent political projects in post-Stalin USSR. Unsolved social and economic problems, state unwillingness to listen for voices from below, repressions against dissenters stimulated the rejection of the idea to reform Soviet socialism among the part of critical intelligentsia. The disillusion in socialist ideas was not only (...) the reaction on state policy. It was also based on the redefining of the legacy of October revolution 1917 and reforms of the State socialism in Eastern Europe in the mid1950s, which were interpreted as the realization of revolutionary state governance. Dissenters of 19501960s formulated their demands to contemporary political regime using accessible classical Marxist-Leninist works and fictional biographies of revolutionaries. Usage of the legacy of the October in their texts varied from copying the revolutionary rhetoric to the testifying of Soviet political regime's compliance to the initial revolutionary theory. Many of them saw the main problem of Soviet state in the forgetting of the principle of proletarian dictatorship. The idea about party nomenclature as the main beneficiary of the October revolution was quite similar to the theory of «New Class» by M. Djilas. The book of Yugoslavian philosopher offered Marxist analysis of transformation of Yugoslavian political regime. He insisted on the inevitability of bureaucratic degradation of the revolutionary government. Acknowledgment of that inevitability did not only undermine political legitimacy of the contemporary Soviet regime but also took away the chance to justify it by appellation to its historical roots. That process stimulated the search for un-socialist alternatives for the Soviet regime such as the ideology of human rights or struggle for national sovereignty. (shrink)

Burke's Reflections on the Revolution in France was the first sustained theoretical critique of the French Revolution; and is now recognised as the classic statement of modern conservatism. Reflections surveys the British political culture of traditionalism, gradualism and deference, and contrasts it with the French Revolutionaries' programme of appeal to abstract right, transformational change and popular agency. Ultimately Burke advocated a counterrevolutionary war and the restoration of the French monarchy. This accessible new edition brings together for the first (...) time Burke's first and last published thoughts on the revolution including as it does the first Letter on a Regicide Peace; a work that has contributed to a particular view of international society. Featuring a comprehensive introduction and extensive annotations, Iain Hampsher-Monk's edition helps readers new to Burke to better understand the historical, political and philosophical context behind his writings, and the significance of contemporary and classical allusions. (shrink)

This article shows through Sismonde de Sismondi’s work how peculiarly modern issues like the revolution, equal political rights (universal suffrage) and an industrial and commercial society contributed to renewing the identity of republicanism. That renewal took place in Europe, after the French Revolution, and in a direct confrontation with democracy rather than liberalism. The problem in relation to which Sismondi reflected on the institutions of political liberty, the republican constitution and the role of individual liberty was the unstoppable growth of (...) equality, political and social. In his work, republicanism was intended as an answer against the emergent democratic transformation of society, with a role of moderating equality, dividing and bridling popular sovereignty and containing the immoderate propensities of democracy. The modern threat to liberty did not originate from the power of the few or of the one, but from that of the many. It originated in the majoritarian principle on which democracy relies necessarily. This principle, the republican Sismondi argued, contains the seed of the suppression of minorities, that is to say of individual liberty. (shrink)

The enormous popularity of his pamphlet Common Sense made Thomas Paine one of the best-known patriots during the early years of American independence. His subsequent service with the Continental Army, his publication of The American Crisis (1776-83), and his work with Pennsylvania's revolutionary government consolidated his reputation as one of the foremost radicals of the Revolution. Thereafter, Paine spent almost fifteen years in Europe, where he was actively involved in the French Revolution, articulating his radical social, economic, and political vision (...) in major publications such as The Rights of Man (1791), The Age of Reason (1793-1807), and Agrarian Justice (1797). Such radicalism was deemed a danger to the state in his native Britain, where Paine was found guilty of sedition, and even in the United States some of Paine's later publications lost him a great deal of his early popularity. Yet despite this legacy, historians have paid less attention to Paine than to other leading Patriots such as Thomas Jefferson. In Paine and Jefferson in the Age of Revolutions, editors Simon Newman and Peter Onuf present a collection of essays that examine how the reputations of two figures whose outlooks were so similar have had such different trajectories. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Christianity, Democracy, and the Shadow of Constantine eds. by George E. Demacopoulos and Aristotle PapanikolaouMyles Werntz and Logsdon SeminaryChristianity, Democracy, and the Shadow of Constantine Edited by George E. Demacopoulos and Aristotle Papanikolaou new york: fordham university press, 2017. 304 pp. $125.00 / $35.00Since the collapse of Communism in Eastern Europe, one of the new rapprochements that has emerged is between the worlds of Eastern Orthodoxy and that (...) of Protestants and Catholics. In this set of constructive essays, contributors from each of these veins of Christianity explore the relationship between Christianity and democracy from their vantage point. Drawing together political theologians, ethicists, and historical theologians, the volume creates an encounter between "East" and "West" that addresses some critical questions facing the whole of Christianity.The first section of essays details the post-Communist situation for Orthodox churches and how they wrestle with traditions of human rights. These essays set the scene broadly for the second set of essays, which bring together Protestant and Catholic political thought together with their Orthodox counterparts. In this section, essays from Luke Bretherton on consociational democracy, Eric Gregory on Augustine and the Good Samaritan, and Nathaniel Wood on Russian visions of theosis in a liberal world make for compelling and informative contributions. The third section—a historical set of essays—explores the actual influence of Constantine's theopolitical vision in the East and West. Contributions from luminaries such as Timothy D. Barnes and J. Bryan Hehir elucidate some of the effects of a theopolitical synthesis in various historical epochs. Barnes's essay on what did and did not occur in Constantinople is of particular note here. The final section, a single essay by Stanley Hauerwas, "How (Not) to Be a Political Theologian," is a vintage essay reflecting on legacies of "Constantinian" thinking in American Christianity.The most prominent strengths of the volume are twofold. First, it brings into focus one of the critical challenges facing Christianity globally: political representation. Presently, the globe is engulfed in any number of challenges to popular sovereignty, whether conceived of in terms of revolution or tyranny. As such, democracy—while imperfect and theologically problematic in many respects—is the de facto form of governance standing between these extremes. Christian traditions of all persuasions have reasons to be suspicious of even the best of these alternatives, making this set of essays all the more pressing. Second, it contributes in a practical way to the ecumenical labors taking place in synods and councils across the world. While the World Council of Churches has undertaken some of the common moral issues affecting various Protestant [End Page 202] communions, cooperation among Orthodox, Protestant, and Catholic communions remains ad hoc. Volumes such as this contribute to the practical work of more highly publicized doctrinal discussions.As with most edited volumes, the vast theme of the book tends to be cumbersome; linking together Protestant, Catholic, and Orthodox sources around democracy and liberalism creates a wide-ranging but at times unfocused conversation. The quality of the essays themselves is quite uniformly good—a rarity among edited volumes!—but such a wide range of topics and contributors makes for a set of essays that is more indicative of future discussions than definitive. In short, the volume illuminates and provocatively indicates future directions without being a definitive statement on democracy and Christianity, opening new doors for future work.Myles WerntzHardin-Simmons UniversityLogsdon SeminaryHardin-Simmons UniversityCopyright © 2018 Society of Christian Ethics... (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 opposing Stephen Douglas’s alleged popular right to choose a slave constitution, Abraham Lincoln developed a rudimentary conception of the normative presuppositions of democratic rights that prefigures the theory of popular sovereignty articulated by Jürgen Habermas. While Lincoln was influenced by a civic republican conception of natural rights, and referred to personal autonomy in arguing that some political choices violate the grounds of collective self-governance rights, both Lincoln—as read by Jaffa—and Habermas conceive human rights not as trans-political (...) principles but as linking moral norms with the rule of law (or coordination through political power in general). The comparison shows that Habermas’s approach to the co-originality of civil liberties and democratic rights implies that legitimate secession, revolution, and primary constituent authority must be oriented toward creation of a just legal order. This enriched linkage approach explains why the right to democracy, like the right to basic liberty, is inalienable. (shrink)

The wide presence of the right to work in national and international legal texts contrasts with a lack of agreement about the concrete content of this right. According to the hegemonic interpretation, it consists of two elements: (a) extension of wage labour and (b) significant improvement of working conditions. However, if we study the history of right to work claims, especially from the French Revolution to 1848, we can notice that the meaning of this right was (...) rather wider in the past. Rescuing the historical significance of the right to work may help to face the problem of the future of work. In particular, and unlike what might seem at first sight, the claim that everyone should have his or her right to work guaranteed can be a way of articulating and concretizing issues such as workplace democracy, the organization of domestic work or the transition to a sustainable society. (shrink)

The role of Amartya Sen's early work on famine notwithstanding, food security is generally seen as but one capability among many for scholars writing in development ethics. The early literature on the ethics of hunger is summarized to show how Sen's Poverty and Famines was written in response to debates of past decades, and a brief discussion of food security as a capability follows. However, Sen's characterization of smallholder food security also supports the development of agency in both a political (...) and an economic sense. Economic agency is discussed and tied to longstanding literatures on the moral significance of farming within political economy. Finally, while the newly emergent literature on food sovereignty includes many themes, it is shown to be re-articulating arguments that stress smallholder's economic agency as a development goal. This pattern of argument thus provides a way to reconcile at least some of the claims being advanced under the banner of food sovereignty with the human development.. (shrink)

Many scholars view political contractarianism as a distinctly modern account of the foundations of political order. Ideas such as popular sovereignty, the right of revolution, the necessity of the consent of the governed for rightful political authority, natural equality, and a pre-civil state of nature embody the modern rupture with classical political philosophy and traditional Christian theology. At the headwaters of this modern revolution stands Thomas Hobbes. Since the American founders subscribed to the social contract theory, they are (...) often said to reject classical political philosophy and traditional Christian political theology as well. In America on Trial, Robert Reilly rejects the usual argument. He maintains that the building blocks of the American founding originate in medieval Christian political theology. In this essay, I argue that a morally and metaphysically realist contractarian tradition—one that affirms natural equality, the authority of the society over government, the necessity of consent for legitimate government, the right to resist tyrannical rulers, and the idea of a pre-civil state of nature—predates Hobbes and also that the voluntarist contractarian tradition inaugurated by Hobbes is self-referentially incoherent. A coherent political contractarianism logicially depends on the sort of metaphysics and moral ontology Hobbes rejects. (shrink)

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

The coronavirus pandemic and climate crisis have highlighted the power of governments in relation to people and the societies in which they live. This article looks at two sociological approaches that together capture the core features of the relationship between sovereignty, society and individual safety. Sociologists of human rights point to the importance of sovereignty for the enforcement of human rights and draw on the work of Arendt, who argues all rights are lost to those who find themselves outside the (...) protection of the state. Wickham’s Hobbesian sociology adds an important social dimension to these ideas. He adopts Hobbes’ argument that sovereignty secures both society and the protection of people. The article recovers additional ideas in Hobbes’ theory of rights that further link these two approaches. For Hobbes, governments hold a responsibility to protect their citizens’ right to survive. The article discusses the relevance of these ideas to the coronavirus pandemic and climate crisis. It argues sociology is well-placed to explore ways in which the continued exercise of sovereign power in relation to society and human survival is shaping humanity’s response to these global crises. (shrink)

If the instance of human rights cannot ensure the protection of the rightless, as Arendt famously claimed, how can the rightless struggle for freedom and equality? In this essay, I attempt to answer this question by reconsidering Arendt’s influential critique of human rights in light of the two polar responses it evoked from contemporary French philosophers Jacques Rancière and Étienne Balibar. Rancière, who objects to Arendt’s delimiting of the political, finds her argument excluding and dangerous. Balibar, on the other hand, (...) believes that it conveys an immense potential for politics to come, as it points to the dialectical political truth of equaliberty. In the following, I show the problematics of Rancière’s ingenious formulation of rights, and the answer Balibar’s original interpretation of Arendt’s thought might suggest in response. I contend that working through Rancière’s critique of Arendt’s argument and Balibar’s affirmation of it not only highlights the merits of her critical account but also points to the fundamental relation between Arendt’s work on rights and her later discussions of the human condition of non-sovereignty and the power of promises. I believe that such a reading can contribute to our interpretation of Arendt, and pave new routes of action for non-citizens (such as refugees, stateless persons and subjects of military occupation), who cannot employ the authorities’ strength for their protection. (shrink)

For over a century, the Danish thinker Søren Kierkegaard has been at the center of a number of important discussions, concerning not only philosophy and theology, but also, more recently, fields such as social thought, psychology, and contemporary aesthetics, especially literary theory. Despite his relatively short life, Kierkegaard was an extraordinarily prolific writer, as attested to by the 26-volume Princeton University Press edition of all of his published writings. But Kierkegaard left behind nearly as much unpublished writing, most of which (...) consists of what are called his "journals and notebooks." Kierkegaard has long been recognized as one of history's great journal keepers, but only rather small portions of his journals and notebooks are what we usually understand by the term "diaries." By far the greater part of Kierkegaard's journals and notebooks consists of reflections on a myriad of subjects--philosophical, religious, political, personal. Studying his journals and notebooks takes us into his workshop, where we can see his entire universe of thought. We can witness the genesis of his published works, to be sure--but we can also see whole galaxies of concepts, new insights, and fragments, large and small, of partially completed but unpublished works. Kierkegaard's Journals and Notebooks enables us to see the thinker in dialogue with his times and with himself. Volume 6 of this 11-volume series includes four of Kierkegaard's important "NB" journals, covering the months from early May 1849 to the beginning of 1850. At this time Denmark was coming to terms with the 1848 revolution that had replaced absolutism with popular sovereignty, while the war with the German states continued, and the country pondered exactly what replacing the old State Church with the Danish People's Church would mean. In these journals Kierkegaard reflects at length on political and, especially, on ecclesiastical developments. His brooding over the ongoing effects of his fight with the satirical journal Corsair continues, and he also examines and re-examines the broader personal and religious significance of his broken engagement with Regine Olsen. These journals also contain reflections by Kierkegaard on a number of his most important works, including the two works written under his "new" pseudonym Anti-Climacus and his various attempts at autobiographical explanations of his work. And, all the while, the drumbeat of his radical critique of "Christendom" continues and escalates. Kierkegaard wrote his journals in a two-column format, one for his initial entries and the second for the extensive marginal comments that he added later. This edition of the journals reproduces this format, includes several photographs of original manuscript pages, and contains extensive scholarly commentary on the various entries and on the history of the manuscripts being reproduced. (shrink)

This article discusses the relation between colonialism and the sovereignty of peoples through a dialogue between Hegel and the thought of the French Revolution. These two sides are relevant to each other not only because of their historical proximity, but also because of the connections that can be established when we approach the topic of colonialism through these two manifestations. Hegel is explicit that his philosophy of history and his philosophy of right are supposed to be philosophies of freedom. (...) Yet despite the importance that he lends to freedom, Hegel also explicitly defends, in the very same text, colonial domination when he deals with the relation between peoples. A similar problem had arisen in the course of the French Revolution. Following the declarations of war, France is confronted on various occasions with the question of how to deal with other peoples and countries. With the foundation of the Republic in 1792, the relation with other peoples becomes central in the revolutionary debates. The topic of colonialism is part of the constituting debates, and not only because of the uprisings in then Saint Domingue leading to the Haitian Revolution. This article is a part of a larger research project that attempts to reassess the relations between Hegel and the French Revolution, and deals with the question of how we can re-read Hegel's interpretation of the French Revolution based on the evolving historiography of the Revolution. After an introduction of both sides of this dialogue, the paper discusses how Hegel's political philosophy can be applied to understand the debates about the emancipation of colonies that take place during the French Revolution. The next part further analyses some issues, such as the notion of sovereignty and, in the concluding remarks, I summarize my discussion and point to some avenues for further research. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Visual EmpireSusan Buck-Morss (bio)1 The Sovereign IconThe Question of SovereigntyJust when the nation-state appeared to be waning in significance, national sovereignty is back in the spotlight. The issue takes on special urgency in the United States, where sovereign right has been proclaimed persistently by the president in an attempt to justify policies of military aggression and violations of international and domestic law, executing these policies with disregard for (...) traditional judicial and constitutional procedures.1 Giorgio Agamben’s recently translated book State of Exception has touched off a small case of collective hysteria among American academics by claiming that by their intrinsic nature, democracies undermine themselves, that dictatorship is an ontological necessity of modern politics, and that the sovereign’s power to declare a state of emergency and with it a state exception to the law places potentially the whole world under the sign of the concentration camp.Agamben’s revelation, however, is not the scandal. It is a logical truism that something cannot be a member of its own set, that constituting power (pouvoir constituens) cannot be synonymous with constituted power (pouvoir constituent).Plato in the Timaeus described a self-eating, circular being as the first living thing in the universe–an immortal, perfectly constructed animal [image 1]. Agamben seems shocked to find that such an animal does not exist. If democracies could be self-constituting and self-reproducing, if they could realize the perfect closure of the Oroborus (snake consuming its tail), there would be no decay and no history—but also no hope, no escape from the magic circle of power that is capable of mystifying any political regime, no matter how democratically conceived. The historical event that ruptures the circle’s mythic repetition is also the possibility of a better future.Unlike both Walter Benjamin and Carl Schmitt, upon whom he relies, Agamben uses history ahistorically, in order to abstract from it a timeless ontology of power. In contrast, Benjamin is attentive to historical concreteness, as is Schmitt—this attention is their common bond. But when Benjamin criticizes the parliamentary democracy of the early Weimar Republic, it is not, as it is for Schmitt, out of yearning for a strong executive to cut through parliamentary legalism and compromise.2 Rather, it reminds twentieth-century [End Page 171] parliaments of their own violent origins. A present-day executive leader who, in using the emergency powers of his office, fails to be reminded of the historical origins of representative governments no longer feels It necessary to submit to democratic rule. Benjamin believed that the watered-down versions of democracy in his own time had become little more than bourgeois governing cliques, and for that reason, he might have appreciated Thomas Jefferson’s suggestion that every generation needs a new revolution. The sovereign who declares a state of exception would then be the citizens themselves.The question we need to ask is why Thomas Jefferson’s call for permanent revolution is not predictive of the history of democracies in modern times—why it is so difficult to cut off the head of the king so that it stays off, why popular sovereignty consistently resurrects an aura of quasi-mystical power around the sovereign figure—which since Hobbes’s Leviathan has been recognized as a human artifact, a merely mortal god [see image 2]. In a democracy where only the citizens have the legitimate right to declare a state of exception to the law, the real scandal occurs when an executive branch usurps that power and is allowed to get away with it.More than the sum of merely empirical individuals of which Hobbes’s Leviathan is composed, sovereignty is a transcendent category. The sovereign is an icon in the theological sense. He (or she) embodies an enigma—precisely the power of the collective to constitute itself. The sovereign figure as personification of the collective demonstrates the power of the visible image to close the circle between constituting and constituted power, explaining why even when the illegalities of an individual sovereign are exposed, the faith of the believer is still not shaken. As long as the circle appears closed, sovereign power remains intact; likewise, and... (shrink)

For over a century, the Danish thinker Søren Kierkegaard has been at the center of a number of important discussions, concerning not only philosophy and theology, but also, more recently, fields such as social thought, psychology, and contemporary aesthetics, especially literary theory. Despite his relatively short life, Kierkegaard was an extraordinarily prolific writer, as attested to by the 26-volume Princeton University Press edition of all of his published writings. But Kierkegaard left behind nearly as much unpublished writing, most of which (...) consists of what are called his "journals and notebooks." Kierkegaard has long been recognized as one of history's great journal keepers, but only rather small portions of his journals and notebooks are what we usually understand by the term "diaries." By far the greater part of Kierkegaard's journals and notebooks consists of reflections on a myriad of subjects--philosophical, religious, political, personal. Studying his journals and notebooks takes us into his workshop, where we can see his entire universe of thought. We can witness the genesis of his published works, to be sure--but we can also see whole galaxies of concepts, new insights, and fragments, large and small, of partially completed but unpublished works. Kierkegaard's Journals and Notebooks enables us to see the thinker in dialogue with his times and with himself. Volume 6 of this 11-volume series includes four of Kierkegaard's important "NB" journals, covering the months from early May 1849 to the beginning of 1850. At this time Denmark was coming to terms with the 1848 revolution that had replaced absolutism with popular sovereignty, while the war with the German states continued, and the country pondered exactly what replacing the old State Church with the Danish People's Church would mean. In these journals Kierkegaard reflects at length on political and, especially, on ecclesiastical developments. His brooding over the ongoing effects of his fight with the satirical journal Corsair continues, and he also examines and re-examines the broader personal and religious significance of his broken engagement with Regine Olsen. These journals also contain reflections by Kierkegaard on a number of his most important works, including the two works written under his "new" pseudonym Anti-Climacus and his various attempts at autobiographical explanations of his work. And, all the while, the drumbeat of his radical critique of "Christendom" continues and escalates. Kierkegaard wrote his journals in a two-column format, one for his initial entries and the second for the extensive marginal comments that he added later. This edition of the journals reproduces this format, includes several photographs of original manuscript pages, and contains extensive scholarly commentary on the various entries and on the history of the manuscripts being reproduced. (shrink)

Following the February Revolution in 1848, working-class women as well as men attempted to hold the government to its promise of the right to work, through street demonstrations, individual and collective demands for work, and participation in the national workshops that had been established in an attempt to address the problem of unemployment in the capital. In the process, these activists articulated what scholars have labelled as a democratic socialist vision of republicanism. In June of 1848, women participated in (...) the insurrection that sought to defend the vision of a social republic. While the republicanism of working-class men and bourgeois women such as George Sand has been examined, studies of working-class women in the first half of the nineteenth century have to this point focused on the romantic socialist influences that shaped their activities, in particular the Saint-Simonian movement. Drawing primarily on individual letters, police interrogations and newspaper reports, a vision of republicanism emerges that includes the ability for women to sustain their families through waged as well as household labour. This concept of republican virtue based itself not in suffrage but in women's capacity to act as both producers and consumers under just and equitable conditions. (shrink)

On March 8, 1987, the Sandinista Liberation Front published its statement on the relation of women's struggles to the Nicaraguan revolution. The author argues that this official statement is consistent with the views of modern feminists on some key points relating to the need to eliminate women's double day, promote women's self-organization, and wage an ideological struggle against sexism if women's subordination is to be eliminated. The author believes that the Sandinista Front's emphasis on ideological struggle and political organization represents (...) an important break with more economistic, orthodox Marxist approaches to analyzing the condition of women and has important implications for Marxist feminism. (shrink)

In Between Facts and Norms, Jürgen Habermas points out an ambiguity in the Kantian concept of autonomy that would lead to an antagonism between human rights and popular sovereignty. He charges Kant of introducing this concept from the private point of view of the individual subject who judges morally and of elucidating it from the point of view of the discursive and democratic political formation of the will. Against this reading, Ingeborg Maus argues that Kant develops human rights and (...) popular sovereignty in the closest reciprocal complementarity. Nonetheless, she agrees with Habermas’s critique of the monological character of the Kantian principle of morality and reaffirms the ambiguity of the concept of autonomy. The aim of this article is to to shed light on Kant’s conceptions of Enlightenment and “public use of reason” developed in his political writings, in order to suggest that far from devaluating the political formation of the will, Kant establishes it as a fundamental step towards the realization of morality and, therefore, of the autonomy of the will. First, I will argue that in explaining the principle of autonomy with the idea of self-legislation of the will, Kant does not introduce ambiguity in this concept. On the contrary, it establishes a common normative structure between the domains of moral and right. Finally, I will return to the Doctrine of Right to argue that for Kant, interaction and communication between citizens is not lateral to the legitimation of right, since the members of the political community must consent and be convinced by reason. (shrink)

Domestic sovereignty and international sovereignty have both been eroded in recent years, but the former to a much greater extent than the latter. An oppressed people's right to fight for liberal democratic reforms in their own country is treated as axiomatic, as the international responses to the revolutions in Tunisia, Egypt and Libya illustrate. But there is a reluctance to accept that foreign intervention is always justified in the same circumstances. Ned Dobos assesses the moral cogency of this double (...) standard and asks whether intervention can be consistently and coherently opposed given our attitudes towards other kinds of political violence. His thought-provoking book will interest a wide range of readers in political philosophy and international relations. (shrink)

One of the great classics on democracy, Rights of Man was published in England in 1791 as a vindication of the French Revolution and a critique of the British system of government. In direct, forceful prose, Paine defends popular rights, national independence, revolutionary war, and economic growth—all considered dangerous and even seditious issues. In his introduction Eric Foner presents an overview of Paine's career as political theorist and pamphleteer, and supplies essential background material to Rights of Man. He discusses (...) how Paine created a language of modern politics that brought important issues to the common man and the working classes and assesses the debt owed to Paine by the American and British radical traditions. For more than seventy years, Penguin has been the leading publisher of classic literature in the English-speaking world. With more than 1,700 titles, Penguin Classics represents a global bookshelf of the best works throughout history and across genres and disciplines. Readers trust the series to provide authoritative texts enhanced by introductions and notes by distinguished scholars and contemporary authors, as well as up-to-date translations by award-winning translators. (shrink)

In this paper we examine the meaning of the idea of human rights in the works of Kant and Habermas. As a starting point of this examination we take Rorty's Oxford Amnesty Lecture of 1993. In this lecture Rorty claims, among other things, that a Kantian foundationalist approach to human rights is outmoded. It is better to neglect the question concerning our nature as human beings and substitute it for the question what we can make of ourselves. Kant's account of (...) the equal respect that is due to every person, tends to forget that outside our circle of post-Enlightenment European culture most people do not understand why rational agency is a sufficient condition for membership in a moral community. The borders of our moral community are often enough the borders of our family, group or society and do not include every human being. This restriction of the moral community poses a serious challenge to Kantian moral and political theory. On the basis of an analysis of the idea of human rights and the principle of popular sovereignty in the works of Kant and Habermas we try to show that the main claim of both authors is not so much a claim to knowledge about the nature of human beings, but a claim to the counterfactual conditions of a system of rights. As legal subjects we cannot claim a right to equal liberty for ourselves and people like us and deny it to everyone outside the borders of our moral community. As legal subjects we may no longer choose the medium or the language in which we can actualize our autonomy. Every system of rights presupposes certain counterfactual conditions, among which a right to equal liberties, and a certain performative meaning. (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)

The forms of liberal government that emerged after World War II are in the midst of a profound crisis. In I Am the People, Partha Chatterjee reconsiders the concept of popular sovereignty in order to explain today’s dramatic outburst of movements claiming to speak for “the people.” To uncover the roots of populism, Chatterjee traces the twentieth-century trajectory of the welfare state and neoliberal reforms. Mobilizing ideals of popular sovereignty and the emotional appeal of nationalism, anticolonial movements ushered (...) in a world of nation-states while liberal democracies in Europe guaranteed social rights to their citizens. But as neoliberal techniques shrank the scope of government, politics gave way to technical administration by experts. Once the state could no longer claim an emotional bond with the people, the ruling bloc lost the consent of the governed. To fill the void, a proliferation of populist leaders have mobilized disaffected groups into a battle that they define as the authentic people against entrenched oligarchy. Once politics enters a spiral of competitive populism, Chatterjee cautions, there is no easy return to pristine liberalism. Only a counter-hegemonic social force that challenges global capital and facilitates the equal participation of all peoples in democratic governance can achieve significant transformation. Drawing on thinkers such as Antonio Gramsci, Michel Foucault, and Ernesto Laclau and with a particular focus on the history of populism in India, I Am the People is a sweeping, theoretically rich account of the origins of today’s tempests. (shrink)

A normative account of global political organization must address three fundamental questions. One concerns the way in which political jurisdictions are to be delimited and their territorial boundaries drawn; another concerns the allocation of powers of sovereignty to those jurisdictions; the third concerns the principles for the distribution of economic benefits and burdens worldwide. The aim of my dissertation is to defend an account of global justice that extends to each of these questions. In doing so, I reject the answers (...) embodied in the prevailing international states system. ;In Chapter One, I consider one of the most sophisticated attempts to defend the states system on grounds of political morality---John Rawls's "The Law of Peoples." I argue that Rawls's defense fails because it is not adequately responsive to its own animating moral ideal, namely the ideal of popular sovereignty. Properly understood, popular sovereignty imposes on global political institutions constraints that are inconsistent with the features of the states system that Rawls defends. These constraints are expressed in two conditions: a deliberativeness condition, which ensures the integrity of the communicative structures required for rational collective will formation; and a pre-commitment condition, which ensures the willing acceptance by individuals of membership in the same polity. Together, these conditions entail a set of political human rights for individuals, and a set of self-determination rights for groups. ;Thomas Pogge has proposed a federative model of global political organization that, suitably modified, is responsive to these rights. His account calls for a federative dispersion of sovereign powers among nested jurisdictions, and incorporates a voluntaristic principle for the demarcation of borders. However, Pogge's defense is incomplete. In Chapter Two, I argue that the ideal of popular sovereignty provides the necessary foundation for his model. The same ideal leads us to reject Pogge's assertion of a universal right to democratic governance. ;In Chapter Three I articulate and defend a conception of global distributive justice that mandates transfers of wealth from more- to less-affluent societies with the disjunctive target of either immigration-pressure equilibrium---roughly, the point at which all economically motivated applications for immigration are granted---or maximal human development rates for the worst-off societies worldwide. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 29.4 (1999) 150-177 [Access article in PDF] The Desire for the Sovereign and the Logic of Reciprocity in the Family of Nations Lydia H. Liu It may sound like a truism that the modern nation cannot imagine itself except in sovereign terms. But what is this truism saying or, rather, withholding from us? When Benedict Anderson wrote his influential study of nationalism in 1983, he circumscribed the imagining (...) of the nation as "both inherently limited and sovereign" and relied on this basic understanding to explain the global transformation of dynastic empires into nation-states [Imagined Communities 6]. That insight, however, has not drawn to itself as much attention or scrutiny as some of his other concepts, like "print capitalism" or "creole nationalisms." If one were to name a few of the blind spots in the contemporary discussions of nationalism, cosmopolitanism, and diaspora, one of them would be the place and placing of sovereignty and sovereign right. To those of us whose initial purpose has been to historicize the nation and nationalism, this blind spot cannot but raise some serious methodological and interpretive questions. Insofar as sovereignty articulates a major mode of exchange between nation and empire in recent history and moreover figures prominently in the realm of what Anderson calls "quotidian universals" [Spectre of Comparisons 33], the truism of its truth needs to be unpacked carefully.Hence, I would like to raise some tentative questions about desire and sovereignty, not in terms of legal studies, but in light of what we have learned about colonial exchange and its production of difference, fetishism, identity, and the logic of reciprocity. I am going to show that these intellectual and material developments have had significant bearings on the making of international law such that our inquiry into the latter can no longer be confined to the self-explanatory evolution of legal discourse. For sovereign thinking is one of those areas that must be reexamined, to borrow Edward Said's words, "according to a detailed logic governed not simply by empirical reality but by a battery of desires, repressions, investments, and projections" [18].In this essay, I begin with a critical analysis of Benedict Anderson's work, focusing on the interplay of the historical and the universal in his study of the nation. I am particularly interested in examining what Anderson chose to do, or not to do, with sovereignty in his theory of nationalism, and I raise some questions about his idea of the "modular," whereby the universal takes on the role of a migrant figure making histories [End Page 150] here and there. Section two introduces the subject of fetishism and desire into the discussion by linking the display of the thrones of the Emperor Qianlong in British museums to significant moments of sovereign thinking in the reign of Queen Victoria and the Empress Dowager of China at the turn of the century. In section three, I attempt a detailed discussion of the sovereignty complex of Ku Hung-ming, a diasporic subject who grew up in colonial Malaysia, was educated in Europe, and ended up serving China as his adopted sovereign country. My analysis centers on Ku's well-known defense of the Empress Dowager during the popular nationalist uprising of 1900 and his work as a translator and publicist in Anglo-Chinese military confrontations. Finally, I turn to the theories of international law itself and ask how nineteenth-century jurists revised the notion of sovereignty to arrive at a new constitutive theory of recognition in the heyday of imperialist expansion. I argue that any attempt to explain the rise of the modern nation-state must take full account of this significant revision in the early nineteenth century, because the revision signaled a paradigmatic shift from natural law to positivist jurisprudence to the effect that a constitutive understanding of sovereign right would eventually overcome and displace the natural law notion of universal sovereignty. Sovereign Thinking in Migrant Nationalisms In Imagined Communities, Anderson pointed to sovereignty as a necessary condition in thinking about the nation when, for example, he... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response to Elvira Panaiotidi, “The Nature of Paradigms and Paradigm Shifts in Music Education”Wenyi W. KurkulAt the beginning, I would like to congratulate Elvira Panaiotidi on her interesting paper and on her proposal to move beyond the long-running debates that began in the mid-1990s between Bennett Reimer and David Elliott and their respective supporters. I also applaud her affirmation that, beyond the numerous debates within the music-education philosophy community, (...) the ultimate goal is to put the theories to work in schools or, in other words, to convert theories into operative paradigms.Echoing her affirmation, I shared her article with a class of my graduate students after I received the invitation to respond to this paper. All of my graduate students are current schoolteachers in the greater Washington, DC metropolitan area in the United States. Some of them are young teachers; others have decades [End Page 114] of teaching experience. As a university professor, I have always been thrilled by how much my thoughts are inspired by my students—by their stories, writing, discussions, dialogues, and sometimes very challenging questions in class. Their concern for their daily jobs and their students constantly remind me of our responsibilities to the children in the schools. However, with our schools and students in mind, I have to ask the music education philosophy community a question: Is "producing a unified concept of music," or "searching for a unified approach," or even aiming to "develop a unified approach in music education" as proposed by Panaiotidi what we truly need?In her paper, Panaiotidi discusses the debate over the approaches in music education by Reimer and Elliott in the context of paradigm shifts. The term, "paradigm shift," was introduced by Thomas Kuhn in 1962 in his highly influential book, The Structure of Scientific Revolutions. Kuhn proposes that almost every significant break-through in the field of scientific endeavor is first a break with tradition, with old ways of thinking, with old paradigms. For example, until the germ theory was developed, there was a high percentage of deaths during childbirth and scientists were not sure why. Likewise, in military settings, more people were dying from small wounds and diseases than from the major traumas experienced on the frontlines. But as soon as the germ theory was developed, a whole new paradigm—a better, improved way of understanding what was happening—made dramatic and significant improvements in the practice of medicine possible.The United States today is the setting for another fruitful and powerful example of a dramatic paradigm shift. The traditional concept of government had been monarchical, based on the divine right of kings. It was not until centuries later that a significant break-through paradigm was developed: government of the people, by the people, and for the people. A constitutional democracy was born that unleashed tremendous human energy and ingenuity. This new paradigm, over time, generated personal empowerment, free enterprise, a higher standard of living, freedom and liberty, and influence and hope unequaled in the history of the world.Stephen R. Covey, the author of a popular book in the late 1980s, The Seven Habits of Highly Effective People, cites Kuhn's conception of paradigm shift to illustrate his own ideas. He describes an experiment at the Harvard Business School in which an instructor passed out a picture of a young woman to half of the class and a picture of an old woman to the other half. The students were asked to look briefly at the picture and pass it back. The professor then asked the class to describe the woman as he projected on a screen a picture of a woman that was a combined image of the "old" and "young" women. Needless to say, the students debated the age of the woman. If they had seen the "young" version, [End Page 115] they could see only a young woman now, and vice-versa. Each student was adamant about his or her position. They did not see the image in another way until the lines were pointed out to demonstrate the features of the old and young woman. Covey cites this exercise to prove the powerful conditioning effects of one... (shrink)

In this paper, I examine Kant’s reception of and solution to the problem of the unity of the political will. I propose that Kant distances himself from the modern paradigmatic foundations of sovereignty principally with his theses of the ideality of the general will and of the apriority of the justification of popular sovereignty. My interpretative hypothesis is that Kant solves the problem by grounding sovereignty in a conceptual element which is new in the history of political philosophy, i. (...) e. the a priori unified omnilateral will. In section IV, I explain why my reading of the ideality of the general will can respond to seemingly plausible objections arising from Kant’s own texts and how it works in the face of concrete political states of affairs. (shrink)

Robert Nozick worked in a Lockean tradition of political philosophy, a tradition with deep resonance in the American political culture. This paper attempts to explore the formative moments of that culture and at the same time to clarify the role of Lockean philosophy in the American Revolution. One of the currently dominant approaches to the revolution emphasizes the colonists' commitments to their rights, but identifies the relevant rights as “the rights of Englishmen,” not natural rights in the Lockean mode. This (...) approach misses, however, the way the Americans construed their positive or constitutional rights in the light of a Lockean background theory. In a word, the Americans recreated an amalgam of traditional constitutional principles and Lockean philosophy, an amalgam that nearly guaranteed that they and the British would speak past each other. The ambiguities and uncertainties of the British constitution as extended to the colonies provided an incentive to the Americans (but not the British) to look to Locke as a guide to their rights, thereby helping win a place for Lockean theory in American political thinking. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

Historians and political theorists have long been interested in how the principle of people’s power was conceptualised during the French Revolution. Traditionally, two diverging accounts emerge, one of national and the other of popular sovereignty, the former associated with moderate monarchist deputies, including the Abbé Sieyes, and the latter with the Jacobins. This paper argues against this binary interpretation of the political thought of the French Revolution, in favour of a third account of people’s power, Sieyes’ idea of pouvoir (...) constituant. Traditionally, constituent power has been viewed as a variation of sovereignty, but I show it to be an independent conceptualisation of people’s power. Sieyes’ political theory led him to criticise and refuse contemporary theories of sovereignty in favour of what he understood as a fully modern account of people’s power. Based on extensive research in the archives, I show how Sieyes opposed the deployment of sovereignty by the revolutionary Assemblies and reco... (shrink)