This article discusses two complementary themes that play an important role in contemporary South African political philosophy: (1) the racist tradition in Western philosophy; and (2) the role of ubuntu in regaining an authentic African identity, which was systematically suppressed during the colonial past and apartheid. These are also leading themes in Mogobe Ramose’s African Philosophy Through Ubuntu. The first part concentrates on John Locke. It discusses the thesis that the reprehensible racism of many founders of liberal political philosophy has (...) lethally infected liberal theory. This view neglects the distinction between genesis and justification. Political liberalism has since cleansed itself of the prejudices of its spiritual ancestors. Liberal human rights exclude racism as a matter of principle. The second part discusses the claim that the ubuntu philosophy provides a better basis for a constitution in a modern society than political liberalism. A major problem is that ubuntu is an essentially contested concept. Some philosophers consider ubuntu to be a moribund notion (Matolino); others see it as a vital concept par excellence. In the latter case, it is elaborated from sundry incompatible political views, ranging from African nationalism (Ramose) via humanist communitarianism (Metz) to liberalism (Mboti). Conclusion: as an essentially contested ideological concept, ubuntu should not be a decisive constitutional standard for the application of state force. In contrast, the constitutional model of political liberalism provides a reasonable alternative, as it is designed precisely to solve the problem of social plurality and ideological contest. (shrink)

The early paragraphs of John Locke’s Second Treatise of Government describe a poetic idyll of property acquisition widely supposed by contemporary theorists and historians to have cast the template for imperial possessions in the New World. This reading ignores the surprises lurking in Locke’s later chapters on conquest, usurpation, and tyranny, where he affirms that native rights to lands and possessions survive to succeeding generations. Locke warned his readers that this “will seem a strange doctrine, it being quite contrary to (...) the practice of the world.” His doctrine of native right is equally strange to recent scholars who see in Lockean theory the ideological prototype for England’s colonial expropriation in the “vacant lands” of North America. This interpretation, dignified by the elusive principle of vacuum domicilium, is considerably weakened when Locke’s arguments are placed in the historical context of the sixteenth and early seventeenth-century English colonial experience. Locke’s Second Treatise, with its literary flourish of a vast and idyllic state of nature, was written in the full appreciation of Amerindian agriculture, its established populations, the acknowledgement of native property rights, and the policy and practice of purchasing land from the native inhabitants. (shrink)

This paper examines an ideology I call techno-colonialism. I argue that techno-colonialism represents an attempt to selectively reproduce settler colonial practices adjusted to twenty-first century realities. This argument has implications for contemporary settler colonialism, the radical right, and climate change politics. In what follows, I discuss the techno-colonial doctrines of Nick Land, Curtis Yarvin, Peter Thiel, and Patri Friedman. These figures articulate a political theory about exploiting new technologies to escape the state and found new societies. To explore techno-colonial ideology, (...) I focus on Seasteading—the practice of creating floating city-states to colonize the ocean––as an attempted realization of techno-colonial ideals. As I claim, techno-colonialism attempts to humanize the politics of settlement. But I argue that techno-colonialism's ambitions fail, and techno-colonialism fails to create a harmless politics of settlement. I conclude that we should be attentive to the relations of political and economic power in which such exit projects are embedded. Moreover, this paper also promotes our understanding of climate change and the radical right's politics. While scholars most naturally associate the radical right with climate change denialism, the techno-colonists illustrate another possibility. They welcome catastrophe, and see rising-sea levels as an opportunity to start society afresh. (shrink)

In this chapter, Daniel Layman argues that there is not one Lockean conception of IR but rather (at least) two mutually incompatible conceptions: one a Ciceronian moral cosmopolitanism and the other a colonialism centered on British interests. Opposing Locke’s philosophical writings with his economic works, Layman’s reading acknowledges the contradictions and incoherence present in Locke’s IR theory.

The familiar irony of ‘real existing socialism’ is that it never was. Socialist ideals were used to legitimise regimes that fell far short of realising those ideals – indeed, that violently repressed anyone who tried to realise them. This thesis investigates how the derogatory and depoliticizing concept of the criminal has historically allowed, and continues to allow, liberal ideals to operate in a worryingly similar manner. Across the political spectrum, ‘criminal’ is used as a slur. That which is criminal is (...) assumed to be bad, and what is more, to be bad in a way that is not politically interesting. I show how this serves to prevent deep dissent from the status quo, and particularly from the existing, unjust order of property, from registering as dissent at all. Feminists have long argued that the exclusion of what is deemed ‘personal’ from the sphere of the political is itself a political move. I propose that the construction of ‘the criminal’ as a category opposed to the political constitutes a similar barrier to emancipatory social transformation. I suggest, further, that under conditions of ‘real existing liberalism’, some kinds of conflict with the law have the potential not only to manifest but also to forge ‘resistant subjectivities’. I conclude that political philosophy, insofar as its purpose is emancipatory, should be more interested in the perspectives of criminals than it hitherto has been. (shrink)

This article underlines and draws attention to critical insights Esposito makes regarding the prospects of rethinking community in a globalized world. Alongside Agamben and Nancy, Esposito challenges the property prejudice found in mainstream models of community. In identity politics, collective identity is converted into a form of communal property. Borders, sovereign territories, and exclusive rights are fiercely defended in the name of communal property. Esposito responds to this problem by developing what I call a “deontological communal contract” where being and (...) ethics are prioritized over having and economics. I examine this new perspective on community in relation to mainstream models found in contemporary and classical social theory. (shrink)

In an era when the public and shareholders increasingly demand greater accountability from institutions for racial injustice and slavery, scholarship on corporate reparations is more and more essential. This article argues that corporations have played a significant role in the cultural dehumanization of Blackness and therefore have a particular responsibility to make repair. Cultural dehumanization refers to embedding anti-Blackness into US culture in service of capitalist profit accumulation, which has resulted in status and material inequalities between Blacks and whites that (...) have persisted from slavery to the present. More specifically, the article argues corporations have a moral duty to offer reparations to Black Americans regardless of any redress offered by other perpetrators of anti-Blackness. It appeals to tort law in providing a moral justification for corporate reparations to Black Americans. (shrink)

John Locke was considerably interested and actively involved in the promotion of Protestant Christianity among American Indians and African slaves, yet this fact goes largely unremarked in historical scholarship. The evidence of this interest and involvement deserves analysis—for it illuminates fascinating and understudied features of Locke's theory of toleration and his thinking on American Indians, African slaves, and English colonialism. These features include (1) the compatibility between toleration and Christian mission, (2) the interconnection between Christian mission and English geopolitics, (3) (...) the coexistence of ameliorative and exploitative strands within Locke's stance on African slavery, and (4) the spiritual imperialism of Locke's colonial vision. Analyzing evidence of Locke's interest and involvement in Christian mission, this article brings fully to light a dimension of Locke's career that has barely been noticed. In so doing, it also illustrates how the roots of toleration in the modern West were partly evangelical. (shrink)

The article takes up and challenges the Lockean conception of common sense and common right to property in two ways: first, through a critical investigation of Locke's historical connection to colonialism, and second, by turning to contemporary indigenous conceptions of common sense. Locke's practical experiences in the founding of Carolina, I argue, serve not simply to explain the problematical colonial impulses of the Second Treatise, but indeed to help undo the credibility of that text's ideological claim to acquire and assimilate. (...) Next, I turn from an internal historicized critique of the Second Treatise to a contemporary external challenge, examining current indigenous perspectives de-legitimized by the Second Treatise. I contend that traditionalized conceptions of indigenous knowledge and understanding provide a strategic revitalization of common sense in ways that re-define and re-characterize the word's roots not only in the common but also in the senses themselves. The article concludes by questioning whether these revitalized ‘traditionalisms’ — as much as they challenge exclusionary Lockean conceptions of the ‘common’ and common sense — also carry the risk of denying aspects of indigenous modernity and excluding alternative indigenous conceptions of land and resource use. (shrink)

Claim of indigenous minorities to land are a significant political issue in many parts of the world. These claims; though; are contested; be it in theoretical; political or legal terms. I consider a position; put forward by Jeremy Waldron; that asserts some theoretical reservations towards indigenous minorities' claims to reparations and land. Waldron seems to assume that indigeneity is no important factor regarding land claims and reparative issues. I propose a rivalling account of indigenous land claims; based on the idea (...) of self-determination. Self-determination itself can be understood in two different ways; it can either be conceived as a form of political autonomy or sovereignty; or it can be understood as having pre-political property rights. (shrink)

‘On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality’. B. R. Ambedkar’s famous last speech to the Constituent Assembly on 25 November 1949 still resonates within contemporary Indian constitutional law, and even more so his following interrogation: ‘how long shall we continue to live this life of contradictions?’ Prima facie societal, the contradiction is however also a temporal (...) one, Indian constitutional law being founded on both the British traditional idea of ‘continuum’ and the American inspired revolutionary principles of ‘pursuance’ of a novel legal and social order. Two recent Indian Supreme Court decisions pertaining to the de-criminalisation of same sex relations ( Navtej Singh Johar v. Union of India) and for the right of menstruating women to enter the Sabarimala Temple in Kerala ( Indian Young Lawyers Association v. Union of India) offer through their differing and sometimes dissenting opinions a glimpse at those temporal contradictions. Through an analysis of both decisions and in particular that of Chandrachud J. and Malhotra J.’s judgements, this article seeks to highlight two radically differing conceptions of temporality applied to constitutional issues, which can themselves be linked back to the transposition of the legal positivist discourse in India within the colonial era: on the one hand, an attempt to continue Common law’s empirical-based tradition and on the other hand, an (apparently) a-historical perception of Law drawn from neo-Roman civilian legal discourse and later normative positivism. If both branches of legal reasoning aim at protecting minorities’ rights, the value they inscribe to History within the realm of Law cannot be further apart. (shrink)

Was there an Enlightenment in Ireland? Was there even a distinctively Irish Enlightenment? Few scholars have bothered even to pose this question. Historians of Ireland during the era of Protestant Ascendancy have tended to be all-rounders rather than specialists; their traditional preoccupations are constitutional clashes between London and Dublin, religious conflict, agrarian unrest and popular politicization. With few exceptions there has been no tradition of intellectual history, and little interest in the methodological debates associated with the rise of the “Cambridge (...) school”. Most advances in our understanding of Irish philosophical writing have consequently originated outside Ireland's history departments. One by-product of recent work on the Scottish Enlightenment has been the rediscovery of the “Molesworth Circle” by two scholars engaged in a painstaking reconstruction of Francis Hutcheson's early career in Dublin. At the other end of the century, meanwhile, some of the most exciting and ambitious attempts to conceptualize the republicanism of the United Irishmen have come from a leading historian of revolutionary France, James Livesey. His previous research on the “commercial republicanism” of Montesquieu, Adam Ferguson and Brissot has suggested a new framework for understanding Irish radicals such as Wolfe Tone, Thomas Addis Emmet and, in particular, Arthur O'Connor. (shrink)

The Oxford Handbook of Philosophy and Race provides up-to-date explanation and analyses by leading scholars of contemporary issues in African American philosophy and philosophy of race. These original essays encompass the major topics and approaches in this emerging philosophical subfield that supports demographic inclusion and diversity while at the same time strengthening the conceptual arsenal of social and political philosophy. Over the course of the volume's ten topic-based sections, ideas about race held by Locke, Hume, Kant, Hegel, and Nietzsche are (...) supplemented by suppressed thought from the African diaspora, early twentieth-century African American perspectives and Native-, Asian-, and Latin-, American views. The contributors bring philosophical analysis to bear on the status of racial divisions as categories of humanity in the biological sciences, as well as within contemporary criticism and conceptual analysis. Essays present the special applications of American philosophy and continental philosophy to ideas of race as methodological alternatives to more analytic approaches. As a collection of analyses and assessments of 'race' in the real world, the volume pays trenchant and relevant attention to historical and contemporary racism and what it means to say that 'race' and racial identities are socially constructed. The essays analyze contemporary social issues including the importance of racial difference and identity in education, public health, medicine, IQ and other standardized tests, and sports. Additionally, the essays consider the societal limitations and structures provided by public policy and law. As a critical theory, the volume compares the study of race to feminism. Historical and contemporary, academic and popular, racisms pertaining to male and female gender receive special consideration throughout the volume. While this comprehensive collection may have the effect of a textbook, each of the original essays is a fresh and authentic development of important present thought. (shrink)

Research Articles Craig Yirush, Social Philosophy and Policy, FirstView Article.

In this paper I offer a non-ideal analysis of a series of theoretical problems affecting liberalism, which have bearing on liberal discourses in today’s concrete political practices with de-democratizing consequences, including the instrumentalization of liberalism by neoconservative actors. I use Benjamin Constant’s attitude towards slavery as case study to show that liberalism is culpably ignorant of many structural injustices, and that this is so because of its basic thesis that the main oppression is the one the state and the political (...) community exert of the individual. The centrality of this oppression makes liberalism unable to give oppressions exerted within the web of social relations a proper place in its own theory. (shrink)

Critics of climate collapse and colonization in the Americas rightly identify the origin of these twin crises in early modern political theologies. They seek to combat these crises with new political theologies of nature that pay greater reverence to “native” peoples’ ecological knowledge. But in doing so, these critics subtly, perhaps unwittingly, recall elements of the colonial power they criticize. I explain why this is the case, examining Bartolomé de Las Casas’s use of naturales in his critiques of Spanish Conquest, (...) and Thomas Harriot’s use of naturall inhabitants in his writing on English colonization to describe “native” Americans. Both authors aimed to promote politico-theological reverence for “native” peoples and their relationships with “nature.” This set into motion a productive form of power operating in modern political theologies. This power works by legitimizing the European-Christian presence in the Americas through their ability to recognize, respect, and protect “native” relationships with “nature.”. (shrink)

This paper argues that the moral legitimating reasoning of terra nullius assumed an under-recognised, different guise in the later years of colonial justification in the form of trusteeship. The idea of terra nullius has a central place in the political thought of thinkers such as Grotius and Locke. Although terra nullius, consolidated in European colonial thought in the early modern period, differed conceptually from the doctrine of trusteeship as the colonial legitimation for Africa, both instituted a moral justification for the (...) appropriation of native land, and of empire itself. The contention is that the trajectory from the one doctrine to the other was aligned with the change in the underlying moral framework of the rights and duties of Europeans and non-Europeans. In the early days of colonisation, there was a certain permissiveness on the part of the colonisers to appropriate the land of American Indians. By the late nineteenth century this seemed to change into a moral requirement for civilising the native Africans. Edmund Burke's conceptualisation of trusteeship illustrates the way in which traditionally conceived natural rights were transformed into fundamental social rights, and central to this idea was the expansion of European ?civilised? moral communities on which rights now depended. (shrink)

This paper examines the relationship between understandings of Indigenous government and the development of early-modern European, and especially British, political thought. It will be argued that a range of British political thinkers represented Indigenous peoples as being in want of effective government and regular conduct due to the absence of sufficiently developed property relations among them. In particular, British political thinkers framed the ‘deficiencies’ of Indigenous people by ideas of civilization in which key assumptions connected ‘property’, ‘government’, and ‘society’ as (...) the attainments of civilized polities and societies. Accordingly, Indigenous peoples in Australia and elsewhere were perceived to live in associations (rather than ‘societies’) bound by custom and tradition (rather than ‘government’). The paper will thus identify conceptual connections made between property, polity, and sovereignty in European and British political thought, and argue that such understandings provide a useful resource for understanding colonial attitudes to Indigenous people in Australia down to the present day. (shrink)

What is wrong with colonialism? The standard—albeit often implicit—answer to this question has been that colonialism was wrong because it violated the territorial rights of indigenous peoples, where territorial rights were grounded on acquisition theories. Recently, the standard view has come under attack: according to critics, acquisition based accounts do not provide solid theoretical grounds to condemn colonial relations. Indeed, historically they were used to justify colonialism. Various alternative accounts of the wrong of colonialism have been developed. According to some, (...) colonialism involved a violation of territorial rights grounded on legitimate state theory. Others reject all explanations of colonialism's wrongfulness based on territorial rights, and argue that colonial practices were wrong because they departed from ideals of economic, social, and political association. In this article, we articulate and defend the standard view against critics: colonialism involved a procedural wrong; this wrong is not the violation of standards of equality and reciprocity, but the violation of territorial rights; and the best foundation for such territorial rights is acquisition based, not legitimacy based. We argue that this issue is not just of historical interest, it has relevant implications for the normative evaluation of contemporary inequalities. (shrink)

The article takes up and challenges the Lockean conception of common sense and common right to property in two ways: first, through a critical investigation of Locke's historical connection to colonialism, and second, by turning to contemporary indigenous conceptions of common sense. Locke's practical experiences in the founding of Carolina, I argue, serve not simply to explain the problematical colonial impulses of the Second Treatise, but indeed to help undo the credibility of that text's ideological claim to acquire and assimilate. (...) Next, I turn from an internal historicized critique of the Second Treatise to a contemporary external challenge, examining current indigenous perspectives de-legitimized by the Second Treatise. I contend that traditionalized conceptions of indigenous knowledge and understanding provide a strategic revitalization of common sense in ways that re-define and re-characterize the word's roots not only in the common but also in the senses themselves. The article concludes by questioning whether these revitalized ‘traditionalisms’ — as much as they challenge exclusionary Lockean conceptions of the ‘common’ and common sense — also carry the risk of denying aspects of indigenous modernity and excluding alternative indigenous conceptions of land and resource use. (shrink)

In order to consider the influence of tangible property on the exercise of political rights in the work of John Locke, we’ll analyze, first, the distribution and acreage measurement of the requirements for political participation and the exercise of public functions in The Fundamental Constitutions of Carolina ; secondly, the considerations on land ownership, as a means of production, and the wage labor in Chapter V of Two Treatises of Government , II; finally, we’ll analyze the patrimonial restrictions for the (...) access to political rights, as well as the suggested participation for workers in Some Considerations of the Lowering of Interest, and Raising the Value of Money. (shrink)

Scholarly discussion has treated the account of the state of nature which Locke presents in his Second Treatise as neither an hypothesis nor a description but rather as a fiction. John Dunn, for example, claims that it is a `theoretical analysis of the fundamental relations of right and duty which obtain between human beings, relations which are logically prior to the particular historical situations in which all actual human beings always in fact find themselves'. Here Dunn presents a misleading account (...) of Locke's argument, presumably, as the title of his paper suggests, in order to mount an argument of his own about the `political relevance' of Locke's work to a time when no one takes seriously the early modern idea of the state of nature. However, this article also has a more serious concern. I argue that the representation of the state of nature as a merely imaginary, `theoretical analysis' of social relations obscures the significance of the early modern idea of a state of nature, not only for the work of Locke and his near contemporaries, but also, more importantly, for the broader development of western social and political thought. The idea of an original condition of freedom and equality played a central role in Locke's argument, serving as a means both to undermine the view that humans were born into a natural condition of subjection to the rule of others and to justify European expropriation of land in the Americas. It also represented one end of a developmental continuum, running from the original, most primitive, condition of humanity through to the societies of contemporary western Europe, which was thought to encompass all sections of humanity. While the idea of an original asocial condition on which this continuum was based was later brought into question, a closely related developmental framework nevertheless informed later movements in history and the social sciences. After being abandoned in its original form, this category was finally revived in 20th-century political theory, this time precisely in the form that Dunn mistakenly ascribes to Locke. The article concludes by speculating on the relationship between these normative and empirical perspectives on the state of nature. (shrink)

There has been a strong impetus to set the definitional parameters of study in African political philosophy and theory. Many scholars advance the idea of a discipline intended to provide lessons that stem from “original” African moral, ideological, and political traditions. Often, these traditions and their ideas are presented as holding categorical moral substance in so far as they are seen to be specific to a culturally essentialist understanding of “Africa.” In turn, an influential part of the literature estimates the (...) normative value of the intellectual ideas and arguments afforded by a varied historical, socio‐cultural and economic African geography by the degree to which, in being tethered to a seemingly homogenous, “culturally African” influence, these ideas can be opposed to a “Western” equivalent. In this article, I argue that the effects on the discipline of attending to, and being defined by, this cultural essentialism are at best unclear, at worst detrimental. I aim to contribute to the side of those who advocate a universalist perspective to the study of African political philosophy and thought, and who argue for jettisoning an unhelpful dichotomy between “West” and “African,” in favour of a methodological, conceptual and historical specificity that allows the discipline to be truly useful to itself and to others. (shrink)