Would democratic theory in its empirical and normative guises be in a better position without the theory of the deliberative public sphere? In this paper I explore recent theories of agonistic democracy that have answered this question in the affirmative. I question their assertionthat the theory of the public sphere should be abandoned in favor of a model of democratic politics based on political contestation. Furthermore, I explore one of the fundamental assumptionsat work in the debate about the theory of (...) the public sphere’s status, namely the assumed opposition between consensus and contestation. Questioning the rigid nature of the opposition, I go on to argue that the deliberative theory of the public sphere actually facilitates the development of the agonistic approach to democratic theory and practice. Key Words: agonistic democracy • deliberative democracy • democratic theory • Habermas • theory of the public sphere. (shrink)

In response to critiques of rights as moralistic and depoliticising, a literature on the political nature and contestability of rights has emerged. In this view, rights are not merely formal, liberal and moralistic imperatives, but can also be invoked by the excluded in a struggle against domination. This article examines the limits to this practice of rights-claiming and its implication in forms of domination. It does this by returning to Marx’s blueprint for the critique of subjective rights. This engagement with (...) Marx will, however, take a particular form. I will read Marx first through the eyes of Claude Lefort and thereafter against Lefort. The latter’s critique of Marx still constitutes the strongest case against the dismissal of subjective rights. Introducing a reading of Lefort into the argument allows us to discover what is dead and what is well alive in the Marxist theory of rights. What is dead, I will argue, is Marx’s early conception of subjective rights as ideology and illusion. However, the more mature Marx developed a theory and critique of the legal form that is able to explain why the politics of rights—despite its undeniable advances—has not been able to overcome certain forms of domination. (shrink)

In this article, I explore recent work on realist political theory and international politics. I discuss how scholarship on the topic emanates from two different fields—International Relations and political philosophy—and argue that there is a good case for greater engagement between them. I open by delineating various kinds of realism, showing that the term covers a wide variety of methodological and political approaches. In particular, I suggest, it is important to recognize the difference between liberal and radical approaches. The remainder (...) of the essay examines assorted examples of realist international political theorizing, work that ranges from attempts to rewrite the canon of 20th century political thought to contributions to the vibrant global justice debates. (shrink)

This paper defends several highly revisionary theses about human rights. Section 1 shows that the phrase 'human rights' refers to two distinct types of moral claims. Sections 2 and 3 argue that several longstanding problems in human rights theory and practice can be solved if, and only if, the concept of a human right is replaced by two more exact concepts: (A) International human rights, which are moral claims sufficient to warrant coercive domestic and international social protection; and (B) Domestic (...) human rights, which are moral claims sufficient to warrant coercive domestic social protection but only non-coercive international action. Section 3 then argues that because coercion is central to both types of human rights, and coercion is a matter of justice, the traditional view of human rights -- that they are normative entitlements prior to and independent of substantive theories of justice -- is incorrect. Human rights must instead be seen as emerging from substantive theories of domestic and international justice. Finally, Section 4 uses this reconceptualization to show that only a few very minimal claims about international human rights are presently warranted. Because international human rights are rights of international justice, but theorists of international justice disagree widely about the demands of international justice, much more research on international justice is needed -- and much greater agreement about international justice should be reached -- before anything more than a very minimal list of international human rights can be justified. (shrink)

One of the more debated topics in the recent realist literature concerns the compatibility of realism and utopianism. Perhaps the greatest challenge to utopian political thought comes from Bernard Williams' realism, which argues, among other things, that political values should be subject to what he calls the ‘realism constraint’, which rules out utopian arguments based on values which cannot be offered by the state as unrealistic and therefore inadmissible. This article challenges that conclusion in two ways. First, it argues that (...) the rationale for accepting Williams' original argument for the ‘realism constraint’ fails. Secondly, it argues that there is at least one genuinely political value of liberty available which is both compatible with realism and something that cannot be offered by the state, namely that of the political anarchist. This opens the way for far more ambitious and utopian forms of realist political thought and implies that the arguments of what we call political anarchists must be met by political argumentation, not simply ruled out by methodological stipulation. (shrink)

The paper offers five desiderata on a realist normative theory of politics: that it should avoid moralism, deontologism, transcendentalism, utopianism, and vanguardism. These desiderata argue for a theory that begins from values rooted in a people’s experience; that avoids prescribing a collective deontological constraint; that makes the comparison of imperfect regimes possible; that takes feasibility and sustainability into account; and that makes room for the claims of democracy. The paper argues, in the course of exploring the desiderata, that a neo-republican (...) philosophy of government does pretty well in satisfying them. (shrink)

I argue that all rights exist by convention. According to my definition, a right exists by convention just in case its justification appeals to the rules of a socially shared pattern of acting. I show that our usual justifications for rights are circular, that a right fulfills my criterion if all possible justifications for it are circular, and that all existing philosophical justifications for rights are circular or fail. We find three non-circular alternatives in the literature, viz. justifications of rights (...) by consequences, by autonomy or by divine commands. I show that all three alternatives fail, and I conclude that all rights exist by convention. This ontological result has a surprising and beneficial consequence. A common argument against conventionalism is that it implies cultural relativism. I finish by showing that the suggested conventionalism is incompatible with cultural relativism. (shrink)

The paper explores the consequences of adopting a moral error theory targeted at the notion of reasonable convergence. I examine the prospects of two ways of combining acceptance of such a theory with continued acceptance of moral judgements in some form. On the first model, moral judgements are accepted as a pragmatically intelligible fiction. On the second model, moral judgements are made relative to a framework of assumptions with no claim to reasonable convergence on their behalf. I argue that the (...) latter model shows greater promise for an error theorist whose commitment to moral thought is initially serious. (shrink)

Contemporary politics is often said to lack utopias. For prevailing understandings of the practical force of political theory, this looks like cause for celebration. As blueprints to apply to political practice, utopias invariably seem too strong or too weak. Through an immanent critique of political realism, I argue that utopian thought, and political theory generally, is better conceived as supplying an orientation to politics. Realists including Bernard Williams and Raymond Geuss explain how utopian programs like universal human rights poorly orient (...) their adherents to politics, but the realists wrongly conclude that utopias and other ideal theories necessarily disorient us. As I show through an analysis of utopian claims made by Michel Foucault, Malcolm X, and John Rawls, utopias today can effectively disrupt entrenched forms of legitimation, foster new forms of political identity, and reveal new possibilities within existing institutions. Utopias are needed to understand the political choices we face today. (shrink)

In the aftermath of a normalized Foucaultian world with an all encompassing web of biopower, one remaining hope is to cultivate nimbleness. Nimbleness is an embodied aesthetic sensitivity to the material presence. Cultivating nimbleness is a particular style of cultivation; it is to willfully gather together one’s self in the wake of a formative force far richer than the derivative web of living power relationships of human embeddness within a horizon of social, economical, political and historical subjectivating power relations; which (...) are chronicled and labeled by Michel Foucault as the normalizing practices of biopower. In other words to have freedom, one must start by rejecting the categories and labels normally internalized in order to relearn to learn from the material presence. Such a style of cultivation is a means of resisting normalizing power relations which co-opt cultivating practices to engross their own dominance which has had the by-product of an impotence to negate the gross material injustices present. This normalizing style of cultivation is a prevalent, corrupted, semblance which denies the importance of beauty for that of efficiency, rejects non-human purposiveness, and limits its measure of ethics to short term economical pragmatism. The thesis acknowledges that something is awry with the world and that giving care to beauty might help. The aim is to examine the event of Beauty as depicted by the philosopher Immanuel Kant and to apply this characterization to elective architectural spaces such that it may motivate individuals to cultivate their own nimbleness in relation to a formative force of nature. However given the revealed need for sensitivity to the particular material presence, the thesis can not be a rule book or catalog for beautiful design. Rather it is a rehabilitation for architects who are already heterospatially curious, with the desired outcome of architects cultivating their own nimbleness to reflectively judge as a ground up, multi-node, rhizomatic means of resistance to normalizing power practices as manifest in bad architecture. (shrink)