Is the reference to the Book of Job sufficient to explain why Hobbes gave the name ‘Leviathan’ to the state he advocated? Had he not been aware of how maligned this name had been for centuries: that it not only referred to a monster, but soon became synonymous with the devil himself? - The “long shadow” that, according to Carl Schmitt, the name ‘Leviathan’ alone had cast on Hobbes’s work from the very beginning was first cleared somewhat in 2007 by (...) Noel Malcolm’s reference to Jacques Boulduc’s Job- commentary of 1619/37. As far as the “extraneous influence” in question is concerned, however, reference could also be made to the Job-commentary of a certain Joseph Caryl of 1643, which in turn took away some of the scandalous connotation of the biblical Leviathan. The real key to Hobbes’s naming, however, may lie with Jean Bodin, with whom Hobbes shares everything that the name ‘Leviathan’ stands for in his political philosophy. (shrink)

Written in the intense political and intellectual tumult of the early years of the Weimar Republic, _Political Theology_ develops the distinctive theory of sovereignty that made Carl Schmitt one of the most significant and controversial political theorists of the twentieth century. Focusing on the relationships among political leadership, the norms of the legal order, and the state of political emergency, Schmitt argues in _Political Theology_ that legal order ultimately rests upon the decisions of the sovereign. According to Schmitt, only (...) the sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability. Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes _Political Theology_ with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions. (shrink)

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

Contemporary Foucauldian research assimilates the political with governance. This formulation dates to Foucault's emphasis on the significance of the anti-Machiavellians in introducing the concept of governance into political theory. Returning to Machiavelli, we argue that early modern political theory was instead characterized by the simultaneous problematization of ruler and ruled, and the co-constitution of sovereignty and governance. We then outline the relation of ruler and ruled in the political structure of the democratic sovereign. Concepts of both sovereignty (...) and governance are necessary to theorize the political in modernity, including the dangers that arise from fusing sovereignty and governance, as occurred during the Nazi period in Germany, when the distinction between the sovereign people and the governed population was conflated. (shrink)

Is the institutionalization of religious freedom through human rights jurisprudence simply a means by which the modern nation-state manufactures and regulates “religion”? Is the discourse of religious freedom principally a technology of state governance? These questions challenge the ways that scholars conceptualize the relation between states, nationalism, human rights, and religious freedom. This article forwards an approach to human rights and methodological nationalism that both counters and explores alternatives to the prevailing conceptions of human rights, nationalism, and state sovereignty (...) in the discourse on the putative impossibility—and, by some accounts, insidiousness—of religious freedom. I first explicate the interpretive and contestatory dimensions of human rights discourse concerning religious freedom. I then explore cross-cutting ambivalences within the nationalisms that states need and cultivate in effort to transmute their monopoly upon coercive force (i.e. power) into legitimated authority. I argue that these provide two dimensions in and through which state sovereignty may be opposed, criticized, held accountable, and subject to change. (shrink)

This paper prepares an investigation into the roles and effectiveness of different types of corporate governance and environmental governance mechanisms in driving improvements in environmental performance. More specifically, the authors provide background theory regarding the way in which different types of traditional corporate governance and new concepts of environmental governance might have an impact on reducing firms’ levels of greenhouse gas emissions intensities. The paper also suggests a method of how this could be empirically tested.

Does the establishment of a permanent InternationalWar Crimes Tribunal (International Criminal Court - ICC) constitute a challenge to national sovereignty? According to previous US governments and several American observers, the answer is yes. Establishing a world court that acts independently of the states that gave birth to it renders the idea of sovereignty meaningless. This article analyzes the American objections to the ICC and the conception of sovereignty and international law underlying these objections. It first considers the (...) structure and intent behind the criminal court and attempts to unveil the logic hiding behind the idea of ‘America’s historical uniqueness.’ It touches on the diverging US and European conceptions of sovereignty and ends up arguing that governments that stick to traditional conceptions of sovereignty and international law in the employment of their foreign policy may lose the moral legitimacy that has proven increasingly important for winning the sympathy of allies and regaining world leadership. Keywords: The ICC; US opposition to the court; sovereignty; international law; exceptionalism (Published: 19 May 2009) Citation: Ethics & Global Politics, Vol. 2, No. 2, 2009, pp. 83-108. DOI: 10.3402/egp.v2i2.1973. (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)

The object of this thesis is the examination of the concept of political representation in the corpus of Hobbes, Locke, Hegel and Marx. Through the method of textualreconstruction I foreground the concept’s salience in their writings. Political representation constitutes a unitary political society as the basis of representative government by entrusting to a separate part of the political community the exercise of the legislative and executive functions on behalf of the political society. Hobbes’s author-actor model grounded the (...) concept of political representation by introducing the act of the transfer of will to a representative by authorisation. Thereby he established the problematic relationship of permanently alienated, absolute, representative power acting in the name of the political community. Locke conceptualised political representation in a way that restored to political society the power to determine the legitimacy of its representative government in case the latter transgressed the norm of acting for the public good of society. Hegel, in turn, assigned to political representation the crucial function of integrating civil society into the power system of the state thus securing the identity of subjective and objective freedom in the rational state, though political representation bestows only formal freedom to civil society’s involvement in the affairs of the state. For Marx, the relationship of political representation makes the representative polity appear as a democratically governed political society within which individual freedom and the public good are secured. This is vitiated by the rift between political society/state and civil society. Marx censures liberal and republican theory for ignoring the primacy of civil/bourgeois society over the representative political society. As a consequence,he argues,the representative polity is not a form of self-government but other-determined and neither freedom nor the public good are realised. Instead, under the regime of private property, money assumes the authorial function of organising social exchange and human relations, shaping the representative polity after its own image, and thus it renders democracy as popular sovereignty a lie. (shrink)

In this paper I reconstruct the historical significance of the concept of sovereignty and I defend its relevance against the critique of Hannah Arendt. I argue that sovereignty, understood as the concept that expresses the normative unity of the legal order, is not incompatible with plurality and constitutionalism and that it was the condition for the formation of inter state law. Further I criticize the abstract moralism that characterizes today's cosmopolitanism and the paradigm of global governance. (...) Although the significance of sovereignty is shifting in the context of globalisation, it is not becoming irrelevant because it symbolizes the right of political self-determination of a community as well as the capacity to transfer some portion of its regulatory competence to a supra-national legal order. (shrink)

This paper aims at clarifying the role which the concept of 'divine sovereignty ' plays in the discussions which are taking place among Islamic thinkers (and others) concerning the possibility of democracy in an Islamic context. It argues that 'sovereignty ' has at least two meanings, one 'f'actual', the other 'normative'. The paper also argues that the second sense of 'sovereignty ' allows us to construe ta!k o{ 'divine sovereignty' as an attempt by Islamic thinkers (...) to go beyond the merely procedural views of democracy which focus on the familiar procedures o( power contestation, election and accountability. (shrink)

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

Locke's conceptualization of sovereignty and its uses, combining theological, social, and political perspectives, testifies to his intellectual profundity that was spurred by his endeavour to re-traditionalize a changing world. First, by relying on the traditional, personalistic notion of polity, Locke developed a concept of sovereignty that bore the same sense of authority as the “right of commanding” attributable only to real persons. Second, he managed to reconcile the unitary nature of sovereignty with the plurality of its (...) uses, mainly through a conception of the dual, vertical separation of functions, which implied degrees rather than kinds of sovereignty. While absolute sovereignty belongs to God, Locke argued, relative sovereignty, separated into “potential” and “actual” sovereignty, is vested in the community on the grounds of the Edenic testament with God. The community, established by a fundamental, single contract, is divided into “society”—to fulfil the function of legislation, which signifies the potential sovereignty of the community, so as to cultivate common law , and into “government”—to undertake the execution, which signifies the actual sovereignty of the king, of common law so as to procure common wealth. (shrink)

This essay is a contribution to the field of institutional studies in that it treats the State as a substantial phenomenon, composed of institutions that require analysis in their own right. Here, the focus is on the political form of African states from the 1960s to the 1980s. On the one hand, I will follow Bourdieu here in insisting that the study of government demands that we know something of the history of political thought (la pensée politique). This simple (...) observation is seldomly applied when it comes to politics in postcolonial Africa. On the other, I use Peter Wagner´s concept of modernity to show that struggles against colonialism and Imperialism and the pursuit of self-determination for African and Asian peoples are unambiguously struggles against domination and for autonomy. The emergence of Third World nationalism (and the Non-Aligned Movement) is an event, therefore, firmly in modernity. So too is the phenomenon of the One-party state in Africa. (shrink)

The emerging concept of food sovereignty refers to the right of communities, peoples, and states to independently determine their own food and agricultural policies. It raises the question of which type of food production, agriculture and rural development should be pursued to guarantee food security for the world population. Social movements and non-governmental organizations have readily integrated the concept into their terminology. The concept is also beginning to find its way into the debates and policies of (...) UN organizations and national governments in both developing and industrialized countries. Beyond its relation to civil society movements little academic attention has been paid to the concept of food sovereignty and its appropriateness for international development policies aimed at reducing hunger and poverty, especially in comparison to the human right to adequate food (RtAF). We analyze, on the basis of an extensive literature review, the concept of food sovereignty with regard to its ability to contribute to hunger and poverty reduction worldwide as well as the challenges attached to this concept. Then, we compare the concept of food sovereignty with the RtAF and discuss the appropriateness of both concepts for national public sector policy makers and international development policies. We conclude that the impact on global food security is likely to be much greater if the RtAF approach predominated public policies. While the concept of food sovereignty may be appropriate for civil society movements, we recommend that the RtAF should obtain highest priority in national and international agricultural, trade and development policies. (shrink)

Overview of the concept of the sovereign individual -- Personal sovereignty as a natural psychological state in human development -- Human development theories -- Philosophical basis of the right to individual sovereignty -- The philosophy of Jose Ingenieros in Argentina, 1913 -- Recognizing that society, church, government, and corporations are mostly fraudulent, coercive, and corrupt -- Our avoidant-defensive posture : a moral or practical decision? -- The desire to live life as we wish : the need (...) to be genuine -- Summary of my theory on individual sovereignty. (shrink)

Scientific interest in genomics in Africa is on the rise with a number of funding initiatives aimed specifically at supporting research in this area. Genomics research on material of African origin raises a number of important ethical issues. A prominent concern relates to sample export, which is increasingly seen by researchers and ethics committees across the continent as being problematic. The concept of genomic sovereignty proposes that unique patterns of genomic variation can be found in human populations, and (...) that these are commercially, scientifically or symbolically valuable and in need of protection against exploitation. Although it is appealing as a response to increasing concerns regarding sample export, there are a number of important conceptual problems relating to the term. It is not clear, for instance, whether it is appropriate that ownership over human genomic samples should rest with national governments. Furthermore, ethnic groups in Africa are frequently spread across multiple nation states, and protection offered in one state may not prevent researchers from accessing the same group elsewhere. Lastly, scientific evidence suggests that the assumption that genomic data is unique for population groups is false. Although the frequency with which particular variants are found can differ between groups, such genes or variants per se are not unique to any population group. In this paper, the authors describe these concerns in detail and argue that the concept of genomic sovereignty alone may not be adequate to protect the genetic resources of people of African descent. (shrink)

Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the (...) validity conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond the state. This article aims to use legal positivism to conceptualize a transnational commercial law order. Prevailing positivist accounts at least implicitly condition legal order on state sovereignty. The article offers a cosmopolitan conception of legal positivism, in which the state is no longer an enabling condition for law. The cosmopolitan conception provides the means by which to adequately describe a transnational commercial law order. There are limits to the conceptual analysis this article provides, one of which is that it does not purport to evaluate the justice or morality of transnational legal order. But the cosmopolitan conception of legal positivism elucidated in this article stands on its own as a way of understanding a number of transnational legal orders other than commercial law. The attractiveness of the account is that it describes law as a human social practice even when it is not solely the product of the state, so that we do not have to rely on natural law theories to understand legal rules that states do not maintain. (shrink)

We typically associate sovereignty with the modern state and presuppose the coincidence of political rule, public power, government, legitimacy and jurisdiction with territorially delimited states. We are also used to referencing liberal principles of justice, egalitarian ideals of fairness, republican conceptions of non-domination and separation of powers, and democratic ideas of popular sovereignty, for the standards that should constitute, guide, limit and legitimate the exercise of sovereign power. This Article addresses an important challenge to these principles: the (...) reemergence of theories and claims to jurisdictional/political pluralism on behalf of non-state “nomos groups” within well-established liberal-democratic polities. Theories of jurisdictional political pluralism purport to account for the independent sovereign authority of the corporate religious, while providing a “postmodern,” “permeable,” “pluralist” conception of sovereignty allegedly more appropriate descriptively to twenty-first century reality and more attractive normatively, than the modern statist version. This Article analyzes and assesses these claims. It criticizes the disassociation of the sovereignty concept from publicly accountable power, challenges the displacement of rights-holders from individuals to corporate groups, and offers a different, federal alternative to anachronistic or normatively flawed modern monistic statist conceptions. My purpose is to preserve the key achievements of democratic constitutionalism and to apply them to every level on which government, power, rule, and/or domination is exercised. (shrink)

Though the notion of the free, or self-governed community, originated in ancient Greece, the Greek polis seems to pose a problem for the modern post-Hobbesian concept of sovereignty. For the latter presupposes that of the State, that is an agency which monopolizes the use of violence, as an instrument by which sovereignty is constituted. Yet, the polis was not a State but rather what the anthropologists call a stateless community. The latter is characterized by the absence of (...) ‘government’, that is of an agency which has separated itself from the rest of social life and which monopolizes the use of violence. In stateless societies the ability to use force is more or less evenly distributed among armed or potentially armed members of the community. Being stateless, then, in what sense can we say that the polis was sovereign? On the practical level the Greek polis had a very limited ability to control and direct legislation. The decentralised nature of Greek society and the absence of coercive apparatuses meant that the laws had to be identical with the customs of the community or else that decisions had to be shared by a wide consensus, which imposed a severe limitation on the ability of the poleis to change their laws or initiate changes in the community. On the theoretical level, the absence of a State was complementary to the absence of the notion of sovereign, whether it is a person or an institution or a body which was above the law and a source of the law. Thus Greek ‘republicanism’ was different from the modern one in as much as it did not have the notion of ‘the people’ as a constituting element and Greek ‘rule of law’ lacked the modern notion of a positive open legislation. (shrink)

Kant’s non-voluntarist conception of political obligation has led some philosophers to argue that he would reject self-government rights for indigenous peoples. Some recent scholarship suggests, however, that Kant’s critique of colonialism provides an argument in favor of granting self-government rights. Here I argue for a stronger conclusion: Kantian political theory not only can but must include sovereignty for indigenous peoples. Normally these rights are considered redress for historic injustice. On a Kantian view, however, I argue that they (...) are not remedial. Sovereignty rights are a necessary part of establishing perpetual peace. By failing to acknowledge the sovereignty of native groups, states once guilty of imperialism leave open the in principle possibility for future violence, even though no current conflict exists. Only in recognizing self-government rights can states truly commit to the cosmopolitan ideal. (shrink)

Whereas hundreds of social movements and NGOs all over the world have embraced the concept of food sovereignty, not many public authorities at the national and international level have adopted the food sovereignty paradigm as a normative basis for alternative agriculture and food policy. A common explanation of the limited role of food sovereignty in food and agriculture policy is that existing power structures are biased towards maintaining the corporatist food regime and neo-liberal thinking about food (...) security. This article sets out to provide an alternative explanation for this limited role by critically reflecting on the debate about food sovereignty itself. The main argument is that this debate is characterized by deadlock. Two mechanisms underlying the deadlock are analyzed: confusion about the concept of sovereignty and the failure of the epistemic community to debate how to reconcile conflicting values, discourses, and institutions regarding food. To overcome this deadlock and organize meaningful debate with public authorities, it is proposed that the food sovereignty movement uses insights from legal pluralism and debates on governance and adopts the ending of “food violence” as a new objective and common frame. (shrink)

The ruling of the Constitutional Court of 10 September 2009 which repealed the proclaimed early elections to the Chamber of Deputies because of their alleged unconstitutionality fully manifests unjustifiability of the interference by the Constitutional Court of the Czech Republic. The decision directly interfered with the process of democratic re-establishment of the Chamber of Deputies. At the same time, the Court´s intervention was only made possible by violating a number of constitutionally prescribed rules. Finally, the respective ruling could not be (...) issued without a “creative approach” on the part of the Constitutional Court towards the rules governing procedures before the Court. The approach eventually resulted in the violation of principles of fair trial – before a body that should guarantee them. The paper analyses in detail various individual aspects of the case, from general issues of the division of power and contents of the mandate of deputies to individual procedural stages before the Constitutional Court. (shrink)

This study focuses on the ideas of Antonio Negri and Michael Hardt, the most influential thinkers of recent period, about the concepts of the Empire, Multitude and Biopolitical production. These concepts being at the center of contemporary political discussions problematise the ideaitonal foundations of the idea of Empire evaluated as a new form of sovereignty, the economic transformation in the contemporary capitalism and the new form of subjectivity in this age. To Negri and Hardt, Empire is seen as a (...) logic of network operating at global level and a new logic of sovereignty and governance going beyond the political boundaries of nation states as form of sovereignty. In this regard, multitude is evaluated as a collective and joint social subject against the power and command forms of empire. As for biopolitical production, it is defined as the production of life in which feelings, symbols, communication and cooperation go beyond the understanding that centers the production of tangible goods within the capitalist production and work organization. These three concepts draw an important framework in terms of understanding the economic, political transformation of the contemporary world. In this study, it was aimed at interpreting the nature of global changes brought forward by the Negri and Hardt thought within the boundaries of these three concepts. (shrink)

In the Netherlands, as in many other nations, the government has proposed the use of a contact-tracing app as a means of helping to contain the spread of the corona virus. The discussion about the use of such an app has mostly been framed in terms of a tradeoff between privacy and public health. This research statement presents an analysis of the Dutch public debate on Corona-apps by using the framework of Orders of Worth by Boltanski and Thévenot (1991). (...) It argues that this framework can help us to move beyond the dichotomy of privacy vs. public health by recognizing a plurality of conceptions of the common good in the debate about contact-tracing apps. This statement presents six orders of worth present in the Dutch debate:civic, domestic, vitality, market, industrialandproject,and argues that the identification of which common goods are at stake will contribute to discussions about the use of this technology from a standpoint with a richer ethical perspective. (shrink)

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

The article deals with the differences of pre-global and post-global conceptualizations in political sciences. It investigates the functions of political concepts under the changes globalization caused to political systems, culture and ideology. The paper does not engage with the methodological debates on political concepts, or question the undeniable importance of certain political concepts, but rather it addresses some of the principal concepts for which globalization may be a useful concept with regard to their similarities and differences with the Cold (...) War era. Despite the variety of political concepts as a result of various development phases of society, models of governance and ideological impact to the political processes along centuries, the concepts of power and authority seem to be among those that have survived in terms of the consistency of their relevance. However, the conception of politics through power, authority and leadership has been re-dimensioned significantly under the post-global era. By contrast, although the concept of sovereignty has been one of the initial concepts in the landscape of contemporary politics for many centuries back, following the effects of globalization, it has reduced its relevance significantly. In this view, as a consequence, the article discusses as well as the reconfiguration of the concept of state in a post-global era marked by a period of advancing causes—both trans-border and transnational causes—promoted by post-sovereignty states. Under these circumstances the traditional debate regarding conflict versus cooperation in politics is one of the areas remaining within a status quo dimension in the dioptric view of both pre-global and post-global conceptualizations. With a contrastive methodological approach, the article as well analyzes the development and meaning of the concepts of political equality, justice and liberty as indispensable concepts in modern post-global political processes. (shrink)

The concept of sovereignty is one of the central concepts of modern political philosophy. However, faced with processes of economic globalization as well as legal and political universalism, contemporary political theory struggles to account for the exercise of state power in terms of the traditional understanding of sovereignty. This survey article reviews the most influential conceptualizations of sovereignty in contemporary continental political philosophy. These include Schmitt’s defense of sovereignty and Agamben’s rejection of sovereign politics as (...) well as a number of theoretical attempts to account for the complexities of sovereignty and its adaptation to new political circumstances. (shrink)

Democracy is usually conceived as based on self-rule or rule by the people, and it is this which is taken to ground the legitimacy of the democratic form of government. But who constitutes the people? Democratic political theory has a potentially fatal weakness at its core unless it can answer this question satisfactorily. In _The Time of Popular Sovereignty_, Paulina Ochoa Espejo examines the problems the concept of the people raises for liberal democratic theory, constitutional theory, and critical (...) theory. She argues that to solve these problems, the people cannot be conceived as simply a collection of individuals. Rather, the people should be seen as a series of events, an ongoing process unfolding in time. She then offers a new theory of democratic peoplehood, laying the foundations for a new theory of democratic legitimacy. (shrink)

This article examines a crucial argument in seventeenth-century maritime law: the concept of mare tutum, or ‘the secure sea’. According to this idea, the sea was characterized by chaotic piracy and required a strong central governing authority to impose order. Once the sea was secure, the ruler would reap the rewards of commerce and tariff revenues. Mare tutum espoused the idea of sea sovereignty for the goal of economic growth. Crucial to this idea was Thucydides’ account of the (...) Cretan King Minos. The jurists Nicolaes Bonaert, Pietro Battista Borghi, and Giovanni Palazzi used the model of Minos’ Aegean thalassocracy to argue for Portuguese, Genoese, and Venetian control of the seas. The article illuminates the hitherto unknown importance of Thucydides in maritime law. It also complicates the traditional mare liberum/mare clausum framework by positing a third option which focused on control of the seas as a means to fostering trade and economic growth. (shrink)

Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and they (...) eventually consent to norms of international law to regulate matters of common interest.In this groundbreaking book, Fernando Tesón goes against this prevailing thought by arguing, in the Kantian tradition, that a shared respect for individual human rights underpins not just the obligation countries feel to follow international law but also international laws themselves and even the very legitimacy of nations in the eyes of the international community. Tesón, both a lawyer and a philosopher, proposes that an overlapping respect for human rights has created a moral common ground among the countries of the world; and moreover, that such an outlook is the only one that is rationally defensible. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy, Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.More than simply outlining his theory, Tesón goes on to give detailed examples of international laws, international institutions, and their human rights foundations, putting his ideas to work and addressing legal reforms called for by the theory. He suggests that treaties, for example, should be considered binding if, and only if, the consent to the treaty was given by a genuinely representative government, one that acts out of interest for the human rights of its citizens. Although the theoretical achievement of this book is to challenge received wisdom on the foundation of international law, the practical ambition is a call to reform the international legal system for the post–Cold War era, to substitute for the old order one that gives primacy to human dignity and freedom over state power. (shrink)

Taste, according to Hans, governs our lives. It determines the choices we make in life, the judgments we pass on other people and their actions, the patterns and rhythms of our existence. For such a large claim, one would expect a rigorous account of what taste is and a convincing explanation of the ontological, aesthetic, and moral roles that Hans attributes to it. Unfortunately, the reader will be disappointed. To be sure, Hans tells us that he wants to “resist defining (...) the word” but promises to make the word “richer over the course of the book”, as he thought he did with the word “play” in his first book. However, the reader is likely to feel that, over the course of this book, the word “taste” either has been rendered too rich to be digestible or remains too bland to justify Hans’s own “great claims for taste”. The introduction gives a number of apparently inconsistent characterizations of taste that the patient reader hopes will somehow be made consistent by the end of the book, such as “taste is an inborn capacity”, “Taste is shaped by experience, by cultural milieu, by the historical circumstances”, and “taste is a function of biological mechanisms”. Taste is also said to be a capacity, a faculty, a mechanism, and a device. By the end of the introduction, we already have a rich brew which ironically threatens to produce a bland concept, the concept of “taste [as] everything”. (shrink)

In the age of rapid AI advancement, digital colonialism poses a significant threat to Indigenous communities, perpetuating inequalities and exploiting their data. This commentary delves into the concept of Indigenous data sovereignty as a powerful framework for resisting digital colonialism and promoting ethical AI development.

Hegel is not a democrat. He is a monarchist. But he wants monarchy because he does not want strong government. He wants to deemphasize power. He develops an idealist conception of sovereignty that allows for a monarch less powerful than a president—one whose task is to expresses the unity of the state and realize the rationality inherent in it. A monarch needs to be a conduit through which reason is expressed and actualized, not a power that might obstruct (...) this process. (shrink)

Dominant food systems, based on industrial methods and corporate control, are in a state of flux. To enable the transition towards more sustainable and just food systems, food movements are claiming new roles in governance. These movements, and the initiatives they spearhead, are associated with a range of labels (e.g., food sovereignty, food justice, and community food security) and use a variety of strategies to enact change. In this paper, we use the concept of relational fields to conduct (...) a post-hoc analysis of nine cases, examining how social movement organizations and other actors actively create new deliberative governance spaces. We argue that successes are related to the “power to convene,” a process-oriented approach that increases movements’ capacity to mobilize; leverage different types of power; and integrate, coordinate, and build a systems-oriented vision. The power to convene and create deliberative spaces is demonstrated in a variety of contexts and often results in outcomes that further movement aims, including policy change and repositioning food movement actors vis-à-vis others in the field. Our findings suggest that success is not only measured as policy outcomes, but as an advantageous repositioning of social movement actors that enables them to be part of governance processes beyond simple policy advocacy. (shrink)

What fundamental changes in the state, and in the analysis of the state, have been stimulated by economic globalization? In the course of interactions with global markets and regulatory agencies, so-called Asian tiger countries like Malaysia and Indonesia have created new economic possibilities, social spaces and political constellations, which in turn condition their further actions. The shifting relations between market, state, and society have resulted in the state's flexible experimentations with sovereignty. Graduated sovereignty refers to a) the different (...) modes of governing segments of the population who relate or do not relate to global markets; and b) the different mixes of legal compromises and controls tailored to the requirements of special production zones. The Asian financial crisis further demonstrates the concept of graduation in that the market-oriented agenda can mean different things, strengthening state power and protections in certain areas, but not in others. (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)

According to the regulations of the Antarctic Treaty System all claims for sovereignty over certain parts of Antarctica are indefinitely suspended. Since the treaty went into effect Antarctica has become a space where the traditional concept of national sovereignty does not apply any longer but has been replaced by an international governance scheme. Nevertheless it can be easily observed that some nations are preparing themselves to substantiate possible future claims for national spaces in Antarctica and are engaging (...) in a wide range of activities to support such future claims. The article describes and analyzes these activities as an Antarctic ‘thumb war’ on national claims in Antarctica and showcases how nations are using certain activities that might be considered as of low importance to prepare and substantiate potential future claims in a post Antarctic Treaty regime. While this thumb war is mainly occurring in the Antarctic Peninsula Region, it is also going on in an area where there are overlapping suspended but not abandoned national claims and where space is limited, at least in Antarctic terms. The article analyses what is required to claim potential future national sovereignty in an area where there can be no such sovereignty according to international treaties and how nations are positioning themselves for such claims with activities that need to be understand as borderline in the context of the current system of international treaties. (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)

ArgumentThis article analyzes for the first time the earliest western maps of diseases in China spanning fifty years from the late 1870s to the end of the 1920s. The 24 featured disease maps present a visual history of the major transformations in modern medicine from medical geography to laboratory medicine wrought on Chinese soil. These medical transformations occurred within new political formations from the Qing dynasty (1644–1911) to colonialism in East Asia (Hong Kong, Taiwan, Manchuria, Korea) and hypercolonialism within China (...) (Tianjin, Shanghai, Amoy) as well as the new Republican Chinese nation state (1912–49). As a subgenre of persuasive graphics, physicians marshaled disease maps for various rhetorical functions within these different political contexts. Disease maps in China changed from being mostly analytical tools to functioning as tools of empire, national sovereignty, and public health propaganda legitimating new medical concepts, public health interventions, and political structures governing over human and non-human populations. (shrink)

자신의 저술에서 민주주의를 옹호하거나 민주주의자를 자처한 적이 전혀 없음에도 불구하고 루소의 정치철학이 현대 민주주의의 정치원칙를 제공했다는데는 아무도 이의를 제기하지 않는다. 그렇다면 그 정치철학의 어떤 요인이 루소를 현대 민주주의 확립에 있어 가장 영향력 있는 사상가로 꼽히게 만드는가? 본고에서 연구자들은 루소 사상과 민주주의 연관성, 그리고 일반의지론에 대한 기존 연구들의 성과와 한계를 살펴본 후, 루소가 제시하는 “정치적 권리의 올바른 원칙”으로서의 “일반의지” 개념이 고전고대의 정치사상, 특히 아리스토텔레스의 『정치학』을 넘어 민주주의 정치철학의 현대적 전회에 어떤 기여를 하였는지 논한다.BR공화주의 관점에서 볼 때 아리스토텔레스와 루소는 연속성을 가졌다고 생각되어 (...) 왔다. 하지만 본 연구자들은 아리스토텔레스의 『정치학』과 루소의 『사회계약론』을 목차별로 비교·분석한 결과, “민주정(民主政)”에 관해 루소는 그 개념, 내용 및 역사적 평가를 아리스토텔레스와 거의 공유했음에도 불구하고, “일반의지”개념을 축으로 하여, 국가통치의 기조를 덕치주의에서 법치주의 또는 입헌주의로, 통치의 인적 기반을 ‘폴리스적 동물’에서, ‘자유롭고 평등한 인간으로서 주권자 시민’으로 혁명적으로 전형(轉形)하여, 태생적·지연적 인연이 아니라, 주권자 시민들이 이성적으로 동의한 정치적 권리에 근거하여 정립한 헌법적 원칙들에 의거하여 공화국 건국과 통치의 프로젝트를 제시했다는 특이점을 밝혀냈다. 바로 이 헌법기반의 공화국이야말로 현대적 국민국가의 정상적 통치모델로 간주되는 입헌민주주의에 다름 아니며, 결과적으로 루소는, ‘주민’ 또는 ‘인민’의 자연적 필요에 따라 자연발생적으로 성립되는 폴리스의 생태를 논한 현대 이전의 전형적 국가통치론으로서 아리스토텔레스적 개념의 정치학에서 벗어나, 자신의 이성적 국가능력을 자각하여 건국의 협약 당사자로 나선 ‘주권자 시민’이 국가 통치의 담당자라는 입론을 바탕으로 탈(脫)아리스토텔레스적 현대 정치학을 정립하였다. (shrink)

In the founding documents of this country one finds appeals both to the sovereignty of the people and to abstract notions of rights, "justice," and "the common good". These two ideas are evoked almost as if there were no sense on behalf of the framers that these two ideas simultaneously held create a philosophic tension. Yet as history informs us, they are often contradictory in content. This theme was explored by Rousseau in his distinction of the general will versus (...) the will of all. For Rousseau, the answer to political legitimacy was simple: it was found in the general will, the embodiment of transcendent political ideas. ;Rousseau's choice is one which mirrors that of the American founders. And in doing so they have taken a necessary step in law and state formation: the appeal to Platonism. But, ironically, this appeal does not mean that the popular will has no place in the law. In fact, a careful reading of Plato will render precisely the opposite conclusion: that a sound state built upon transcendent ideas must take into account a number of important empirical considerations, perhaps most significant among these being the will of the people. These ideas are not, however, the determinate Forms from the Phaedo, but rather the indeterminate concepts which guide the Athenian Stranger in his construction of the constitution of Magnesia in the Laws. Given this ontological characteristic of the Forms, the author of a state must have a broad understanding of empirical circumstances including human nature, while serving the demands of the universal ideas. In this light, one must realize that the law will be of no service to its highest aspirations unless it can be written in a manner that the people will act in accordance with it But the lawgiver also relies on this body for the articulation of the higher ideas. Thus the people are at once an obstacle to and a conduit of a higher law. To the extent, however, that democratic theory fails to confront its foundations in such a manner, it becomes mired in confusion. (shrink)

Farmers’ organizations all over the world are very well aware that in order to build and retain a critical mass with sufficient bargaining power to democratically influence local governments and international organizations they will have to unite by identifying common goals and setting aside their differences. After decades of local movements and struggles, farmers’ organizations around the globe found in the concept of “food sovereignty” the normative framework they were long searching for. The broadness of the concept (...) has had a remarkable success in embracing the interests of food producers and consumers from all geographic locations and development levels. (shrink)

This book presents an interdisciplinary exploration of digital sovereignty in China, which are addressed mainly from political, legal and historical point of views. The text leverages a large number of native Chinese experts among the authors at a time when literature on China’s involvement in internet governance is more widespread in the so-called “West”. Numerous Chinese-language documents have been analysed in the making of this title and furthermore, literature conceptualising digital sovereignty is still limited to journal articles, making (...) this one of the earliest collective attempts at defining this concept in the form of a book. Such characteristics position this text as an innovative academic resource for students, researchers and practitioners in international relations (IR), law, history, media studies and philosophy. (shrink)

My Article seeks to explore a few antecedents of the idea that sovereignty may be encumbered with some obligations and duties vis-à-vis non-sovereigns and even strangers. Theories about limitations on sovereignty and obligations on the part of sovereigns often arose out of the fertile conceptual ground of Roman private law, in particular rules of property law governing usufruct and rules of contract law, such as those governing mandate. Early modern thinkers, especially Hugo Grotius, built on these ideas and, (...) in addition, developed an account of moral and legal obligations arising, independently of God’s will, from a universal human nature. Building on Cicero, Grotius was among the first early-modern thinkers to elaborate the distinction between “perfect” duties of justice and “imperfect” duties of beneficence, an important idea that had wide influence through the work of Emer de Vattel. The Article closes by offering a few observations on the trajectories within which Professor Benvenisti’s concept of “sovereigns as trustees of humanity” could be situated. (shrink)

Written in the intense political and intellectual tumult of the early years of the Weimar Republic, Political Theology develops the distinctive theory of sovereignty that made Carl Schmitt one of the most significant and controversial ...

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