Hans Kelsen was one of the most important legal thinkers of the 20th century, and he is known for mounting an elaborate defense of liberal party democracy at a time when the latter was hardly the most popular form of regime. This article examines how Kelsen responded to two major political movements he experienced in his intellectual prime: political Catholicism, which he was confronted with in interwar Austria, and Christian Democracy, which became a hegemonic political force in Western Europe after (...) World War II, when Kelsen was already in exile. The article reconstructs Kelsen's complex critique of these two religious movements and ends by reflecting on what we can learn from his arguments about current attempts to revive Christian political thought. (shrink)

Constellations, Volume 28, Issue 4, Page 570-587, December 2021.

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

Early defenders of the Universal Declaration of Human Rights invoked species hierarchy: human beings are owed rights because of our discontinuity with and superiority to animals. Subsequent defenders avoided species supremacism, appealing instead to conditions of embodied subjectivity and corporeal vulnerability we share with animals. In the past decade, however, supremacism has returned in work of the new ‘dignitarians’ who argue that human rights are grounded in dignity, and that human dignity requires according humans a higher status than animals. Against (...) the dignitarians, I argue that defending human rights on the backs of animals is philosophically suspect and politically self-defeating. (shrink)

In histories of Orthodox Judaism, one often reads the story of a collision between tradition and modernity. Orthodoxy, according to this logic, is a fortress of the old world, which, upon encounter...