This article explores how people can come to experience constitutional conversations as meaningful. To this end, I reinterpret Habermas’s account of deliberative constitutionalism. For Habermas, constitutional discourses are not only rational procedures of opinion- and will-formation, but also sites at which a “world” gets generated. Deliberative politics, therefore, involves unruly and uncontrollable efforts to solicit others into the roles, orientations, and principles of constitutional practices. The result is a novel account of the relationship between constitutional procedures and the “anarchistic” politics (...) that radical democrats celebrate. Ungovernable inventions of and affective identifications with roles, images, and peoples occur within articulate forms, including constitutional procedures. These aspects of Habermas’s thought push past binary oppositions between legitimate constitutional procedure and radical democratic uprisings. Habermas provides a framework for examining the forms of attentiveness by which actors can come to experience constitutional rules, roles, principles, and procedures as part of their world. (shrink)

Constitutional reform has been an important means to push populist authoritarian agendas in Hungary, Poland, Turkey and Venezuela. The embrace of constitutional means and rhetoric in pursuit of these agendas has led to the growing recognition of ‘populist constitutionalism’ as a contemporary political phenomenon. In all four examples mentioned above, democracy, popular sovereignty and direct plebiscitary appeal to the people is the rhetorical and justificatory framework for constitutional reform. This, I worry, gives democracy a bad name and reinforces the widespread (...) suspicion that citizens should not be directly involved in constitutional reform as popular participation can lead to dangerous majoritarianism and is easily manipulated by elite actors seeking to weaken constitutional checks and balances. But the problem, I argue, is not inherent in citizen’s participation in constitutional reform. In contrast to populist constitutionalism, I develop an idea of deliberative constitutionalism in which citizens can participate in constitution-making and reform without hijacking constitutionalism for majoritarian, nationalist or anti-pluralist ends. Deliberative constitutionalism as I understand it has four features: a Habermasian co-originality thesis that articulates the interdependence of democracy and liberalism mediated by a conception of discourse; a proceduralized idea of popular sovereignty that reduces the tension between appeal to the people and respect for pluralism; the centrality of the public sphere over the voting booth as the cradle of democracy; institutional innovations intended to include citizens in constitutional reform but avoid majoritarian and populist pathologies. (shrink)

In the following paper sources of a constitution are put in question in general, and more specifically, the constitutional culture of the European Union Law is being investigated in-depth with regard to principles of deliberative democracy and rulings of the Court of Justice of the European Union. The change of a law application paradigm as well as the change of a legal systems’ nature are taken into account.

The aim of this article is to investigate the Habermasian way of problematizing the European political situation through consideration of the conceptual framework within which he develops his proposal. I begin by clarifying various conceptual difficulties that emerge when thinking about politics within the European Union. I then focus on the concept of popular sovereignty as procedure, which Habermas develops in Between Facts and Norms against the historical backdrop of the nation state. In the debate regarding European constitutionalization, the concept (...) of popular sovereignty as procedure first assumes a critical function against proponents of the no demos thesis. More recently, Habermas has advanced a concept of shared/divided sovereignty, which becomes indispensable when we consider Europe as a democratic federation. The conclusions hereby drawn disclose two problematic aspects of Habermas’s recent proposal. Respectively, these concern the viability of his approach and the questionable plausibility of this proposed federation’s ability to uphold democracy in terms of self-determination. (shrink)

Using the example of contemporary Islamic fundamentalism, and especially the writings of Sayyid Qutb, this article raises questions about discourse ethics as a mode of conflict resolution. It appears that discourse ethics is only relevant when all parties have already agreed to settle disputes deliberatively and already share the notions of rational deliberation and individual autonomy. This raises questions not only about the capability of discourse ethics to incorporate a deep plurality of worldviews, but also about its capability to successfully (...) solve disputes. When confronting situations where the willingness to deliberate is absent, discourse ethics is left standing empty handed. This, I argue, is due to both the conceptual distinction between communicative action and strategic action, as well as the abstracted nature of Habermas's discourse ethics. (shrink)

Who should be recognized as a refugee? This article seeks to uncover the normative arguments at the core of legal and philosophical conceptions of refugeehood. It identifies three analytically dist...

Who should be recognized as a refugee? This article seeks to uncover the normative arguments at the core of legal and philosophical conceptions of refugeehood. It identifies three analytically distinct approaches grounding the right to refugee status and argues that all three are normatively inadequate. Refugee status should neither be grounded in individual persecution for specific reasons (classical approach) nor in individual persecution for any discriminatory reasons (human rights approach). It should also not be based solely on harm (humanitarian approach). (...) Rather, this article argues, it should be based on political oppression – on persons lacking public autonomy, formally expressed as a lack of legal–political status. The normative foundation for a claim to refugee status lies in the inability of a person to control, amend and seek recourse to the specific situation she faces. It lies in the lack of public autonomy expressed as a lack of legal–political rights. What matters for a claim to refugee status is thus the legal–political disenfranchisement of a person, ultimately leaving her with no recourse to the particular situation she faces other than flight. Refugees, then, are not only those who fear harm or persecution, but those who are politically oppressed. (shrink)

Deliberative democracy is often celebrated and endorsed because of its promise to include, empower, and emancipate otherwise oppressed and excluded social groups through securing their voice and granting them impact in reasoned public deliberation. This article explores the ability of Habermas’ theory of deliberative democracy to accommodate the demands of historically excluded social groups in democratic plural societies. It argues that the inclusive, transformative, and empowering potential of Habermas’ theory of deliberative democracy falters when confronted with particular types of historical (...) injustices. It falters because it pays little attention to the historical dimension of injustices and the demands to which it gives rise. The historical dimension of longstanding injustices, it is argued, gives rise to a set of distinctive demands, such as collective memory of exclusion, acknowledgement of historical injustices, taking responsibility, and offering apology and reparations for causing these injustices, which go beyond the type of democratic inclusion that is often offered by deliberative democracy. Yet, the solution is not to abandon the model of deliberative democracy. Quite the contrary, it remains a valuable basis for forward-looking political decision making. The article concludes that in order to achieve inclusive, empowering and transformative deliberation in consolidated democracies that have experienced historical injustices, the politics of reconciliation is indispensable. (shrink)

For more than a decade now a profound rule-of-law crisis has gripped the European Union, and while the fight for the rule of law has topped not only the academic but also the judicial and political agenda, the results have been disappointingly meagre. This article argues that the main reason for that should be sought in a political strategic move of justifying the assaults on the rule of law by resorting to an “illiberal democracy.” This premeditated political narrative shift has (...) unleashed onto the political sphere and onto public discourse at large comprehensive doctrines which had hitherto been left dormant thanks to an overlapping consensus on the rule of law as a central building block of the political conception of justice à la Rawls. Once this overlapping consensus was broken, the rule of law itself lost its neutral character as a referee on the right among the many conceptions of the good, itself becoming part of the highly politicized power play for dominance among irreconcilable—liberal and illiberal—comprehensive doctrines. The overlapping consensus in the EU is thus broken, but there are no conceptual reasons inherent to the rule of law itself for which it could not be rebuilt in the future. (shrink)

Tolerance, the mere “putting up” with disapproved behaviour and practices, is often considered a too negative and passive engagement with difference in the liberal constitutional state. In response, liberal thinkers have either discarded tolerance, or assimilated it to the moral and legal precepts of liberal justice. In contradistinction to these approaches I argue that there is something distinctive and valuable about tolerance that should not be undermined by more ambitious, rights-based models of social cooperation. I develop a conception of tolerance (...) as a complementary principle and an interim value that is neither incompatible with, nor reducible to, rights-based liberalism. Tolerance represents a particular, non-communitarian expression of the general dictum that the liberal state, having released its citizens into liberty, rests on social presuppositions it cannot itself guarantee. (shrink)

In this article, I argue that Habermas’s method of rational reconstruction faces limitations when it comes to analysing newly emerging and contested political practices. As rational reconstruction aims to criticize existing practices by determining their normative meaning as reflected in the participants’ idealizing presuppositions, it reaches its limits where emerging and contested practices make it impossible to identify a shared self-understanding and a single participants’ perspective. Using the example of membership politics, I argue that this is often the case where (...) nationally constituted forms of politics become controversial or are fundamentally questioned. Building on the work of Benhabib and Fraser, I develop an alternative reconstructive method of plural reconstruction, which modifies the basic premises of rational reconstruction, adjusting it to emerging and contested political contexts. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 5, Page 703-725, June 2022. In this article, I argue that Habermas’s method of rational reconstruction faces limitations when it comes to analysing newly emerging and contested political practices. As rational reconstruction aims to criticize existing practices by determining their normative meaning as reflected in the participants’ idealizing presuppositions, it reaches its limits where emerging and contested practices make it impossible to identify a shared self-understanding and a single participants’ perspective. Using the example (...) of membership politics, I argue that this is often the case where nationally constituted forms of politics become controversial or are fundamentally questioned. Building on the work of Benhabib and Fraser, I develop an alternative reconstructive method of plural reconstruction, which modifies the basic premises of rational reconstruction, adjusting it to emerging and contested political contexts. (shrink)

Liberal democracy is often considered to be unstable, consisting of two markedly different ideals that remain in tension. Yet the thesis regarding the alleged insta...

La tesis central de este trabajo es que la tradicional tensión entre substancia y procedimiento socava las estabilidad de la justificación de la concepción liberal más extendida de la legitimidad (la Democracia Deliberativa). Dicha concepciones enfrentan problemas serios a la hora de articular de manera consistente dos dimensiones que parecen ir naturalmente asociadas a la idea de legitimidad: la dimensión procedimental, vinculada a la equidad del procedimiento, y la dimensión epistémica, asociada a la corrección de los resultados. En este trabajo (...) sostengo que a) esa tensión surge de la adopción de una concepción epistemológica social de tipo "veritativo-consecuencialista; b) es posible manejar dicha tensión mediante el remplazo de la epistemología subyacente por una concepción epistemológica social de tipo procedimentalista de orientación pragmatista y c) dicha operación orienta el diseño institucional en una dirección experimentalista. (shrink)

This article addresses the problem of ‘the legitimacy of the people’, that is, what constitutes the legitimate demarcation of the political units within which democracy is practiced? It is commonplace among philosophers to argue that this problem cannot be solved by appeal to democratic procedure because every attempt to do so results in an infinite regress. Based on a social contract theoretical analysis of the problem, this view is rejected. Although contract theorists have ignored the problem of the legitimacy of (...) the people, this article nevertheless argues for one specific, and currently dominant, type of contract view – ‘contractarianism’ – that it contains the conceptual tools to solve it. In a contractarian view, the people are understood as a cooperative venture for mutual advantage and accordingly consist of only those individuals for whom it is mutually beneficial to bind themselves to one another. It is argued that contractarianism offers a procedurally democratic solution to the problem of the legitimacy of the people that does not cause an infinite regress. Furthermore, this article refutes a classic criticism of contractarianism’s account of moral standing. Finally, the article demonstrates contractarianism’s practical implications for one specific articulation of the problem of the legitimacy of the people, namely, immigration. (shrink)

How to demarcate the political units within which democracy will be practiced? Although recent years have witnessed a steadily increasing academic interest in this question concerning the boundary problem in democratic theory, social contract theory’s potential for solving it has largely been ignored. In fact, contract views are premised on the assumption of a given people and so presuppose what requires legitimization: the existence of a demarcated group of individuals materializing, as it were, from nowhere and whose members agree among (...) themselves to establish a political order. In order to fill this gap in social contract theory, a distinction is made between three kinds of contract views: Lockean political voluntarism, contractarianism, and contractualism. Each of these views can be interpreted in such a way that it offers a democratic solution to the boundary problem. Ultimately, however, a Rawlsian interpretation of the contractualist solution is defended. (shrink)

In this article, I combine political philosophy and film to examine the problematic of the ‘mystical’ foundation of authority and democracy as represented in The Man Who Shot Liberty Valance. Ford’s filmic vision is interpretable as a parable of the passage from the state of nature to the modern republic and the deconstruction of American democratic progressivism. To analyse it, I proceed in two steps: first, I defend a middle-way critical Enlightenment perspective between the democratic-progressivist and the deconstructive approach to (...) the question of foundations. Second, in dialogue with this critical Enlightenment perspective, I argue that Ford’s cinematic vision of the foundation remains ambivalent, given that its deconstruction of the mythology of American democratic progressivism is premised on the nostalgic mythologizing of the pre-democratic age. Moreover, I take issue with Robert Pippin’s interpretation of the movie as a cautionary tale against Enlightenment rationalism, and which poses at its center the key psychological role of myths in politics (2011). In contrast, I argue that Ford’s cinematic vision cautions against decoupling the socio-political and personal life from the vital connection to truth and acting upon truth. From this standpoint, a “politics of truth” is, against Pippin’s interpretation of Ford’s vision, compatible with taking into account the constitutive role of narratives in building political legitimacy and authority. (shrink)

Political action is unpredictable because it unfolds among a plurality of independent actors. This unpredictability generates a fundamental puzzle: If an actor cannot know where her initiative will lead, what motivates and guides her in her doings? The aim of this paper is to develop and defend the solution to the puzzle that we can find in the thought of Hannah Arendt, namely the idea that political action is – or should be – motivated and guided by principles, principles like (...) justice, equality, or honour. Such principles must be distinguished from goals because they do not designate a specific state of affairs, but are general ideas that allow for diverse implementations. I show that this distinction is of great practical importance for the actors involved, since their outlook and their attitude towards others will differ depending on whether they see their activity as aimed at a goal or as guided by a principle. (shrink)

This article examines the connection between populism and post-foundationalism in the context of contemporary debates about populism as a strategy for the Left. I argue that there is something “populist” about every constitutional order, including liberal democratic ones. I argue so drawing on Chantal Mouffe’s theories of hegemony, agonistic democracy, and left populism. Populism is the quintessential form of post-foundational politics because, rightly understood, populism constructs the object it claims to represent, namely the people. As such, it expresses the fact (...) that, because there is no ultimate foundation, politics consists in the construction of contingent foundations. I develop this argument through readings of Jan-Werner Müller and Chantal Mouffe, showing the differences between their respective post-foundational approaches. I show that Müller cannot uphold the distinction between populism and democracy in the way he seeks to do, but I also argue that this does not mean that we must jettison all normativity, only that it requires that we rethink normativity in hegemonic terms. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 7, Page 992-1013, September 2022. This article examines the connection between populism and post-foundationalism in the context of contemporary debates about populism as a strategy for the Left. I argue that there is something “populist” about every constitutional order, including liberal democratic ones. I argue so drawing on Chantal Mouffe’s theories of hegemony, agonistic democracy, and left populism. Populism is the quintessential form of post-foundational politics because, rightly understood, populism constructs the object it (...) claims to represent, namely the people. As such, it expresses the fact that, because there is no ultimate foundation, politics consists in the construction of contingent foundations. I develop this argument through readings of Jan-Werner Müller and Chantal Mouffe, showing the differences between their respective post-foundational approaches. I show that Müller cannot uphold the distinction between populism and democracy in the way he seeks to do, but I also argue that this does not mean that we must jettison all normativity, only that it requires that we rethink normativity in hegemonic terms. (shrink)

The main purpose of this paper is to examine the concept of critique in Habermasian thought. Given that the concept of critique is a central theoretical category in the work of the Frankfurt School, it comes as a surprise that little in the way of a systematic account which sheds light on the multifaceted meanings of the concept of critique in Habermas's oeuvre can be found in the literature. This paper aims to fill this gap by exploring the various meanings (...) that Habermas attributes to the concept of critique in 10 key thematic areas of his writings: (1) the public sphere, (2) knowledge, (3) language, (4) morality, (5) ethics, (6) evolution, (7) legitimation, (8) democracy, (9) religion, and (10) modernity. On the basis of a detailed analysis of Habermas's multifaceted concerns with the nature and function of critique, the study seeks to demonstrate that the concept of critique can be considered not only as a constitutive element but also as a normative cornerstone of Habermasian thought. The paper draws to a close by reflecting on some of the limitations of Habermas's conception of critique, arguing that in order to be truly critical in the Habermasian sense we need to turn the subject of critique into an object of critique. (shrink)

The main purpose of this article is to provide an in-depth review of Andrew Feenberg’s Technosystem: The Social Life of Reason. To this end, the anal...

This paper is based on the concept of environmental political philosophy and from its perspective, it highlights the weaknesses and contradictions of contemporary, existing democracies. It aims to formulate an outline of the concept of environmental democracy, following the accounts of M. Bookchin, R. Morrison and H. Skolimowski, as well as international environmental law enshrined in United Nations documents and resolutions. It is based on the hypothesis that the preservation of a democratic political system in a situation of a collapsing (...) planetary system (the Anthropocene) requires improving the foundations of democratic theory with the insights of the Earth system sciences, particularly of political ecology and critical environmentalism. Through philosophical analysis, explanation and interpretation, this paper explores an environmental democracy that would, on the one hand, preserve the basic constitutional principles of current democratic constitutional regimes, and, on the other hand, reconcile them with the current state of understanding in the Earth sciences concerning the vulnerability of the planetary system. In a sense, J. Habermas’s understanding of human rights characterizes the concept of environmental democracy as a realistic utopia. The author concludes by drawing up the imperative of sustainability, which he sees as a guiding organizing principle of institutions and public policies for the climatic, demographic and economic regime of the Anthropocene. -------------------------- Received: 16/12/2022. Reviewed: 09/03/2023. Accepted: 30/03/2023. (shrink)

ABSTRACT:The profound influence of Thomas Donaldson and Thomas Dunfee’s integrative social contracts theory on the field of business ethics has been challenged by Andreas Scherer and Guido Palazzo’s Habermasian approach, which has achieved prominence of late with articles that expressly question the defensibility of ISCT’s hypernorms. This article builds on recent efforts by Donaldson and Scherer to bridge their accounts by providing discursive foundations to the hypernorms at the heart of the ISCT framework. Extending prior literature, we propose an ISCT* (...) framework designed to retain ISCT’s practical virtue of managerial guidance while answering the demands of Scherer and Palazzo’s discursive account. By subscribing to a suitable portfolio of discursively justified hypernorms, we argue, companies unlock the valuable moral guidance of ISCT*, which says to treat these hypernorms as unequivocal outer bounds to the pursuit of business and as a starting point to tailor local norms through discursive stakeholder engagement. (shrink)

An analysis of the epistemological structure of democratic deliberation as a procedure in which legal norms are constructed reveals that deliberation combines procedural and substantive aspects in a unique and inextricable manner. The co-original recognition of the private and public autonomy of all citizens provides the substantive critical standard against which the justice of norms is measured. At the same time, such recognition requires that the particular needs and values of all people concerned be taken into account. Given the privileged (...) epistemic access people have to their own particular perspective, this requirement implies the ineliminability of actual deliberative procedures. The open-ended nature of these constructive procedures is partly due to the fact that the rules of the procedure are counterfactual and themselves subject to interpretation. More importantly, it also reflects the historical nature of our human world and the freedom of moral persons to shape and reshape their preferences. (shrink)

While the Catalan independence movement (henceforth, CIM) has received much academic attention, one key aspect remains theoretically and empirically understudied: what role did populism play in the...

This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model (...) will be analysed: the self-instituting capacity of a democracy based on participatory and reflective citizenship, political power as the capacity of citizens for co-operating and co-acting with others, and the crime of hubris as one of the key issues in Athenian criminal law. These analyses will lead to the conclusion that one of the key issues of a democratic legal order lies in its capacity of recognizing the fragility of the human condition and of developing workable and effective standards of justice in that context. A relational conception of criminal law and punishment, based on proportionality, reflexivity, mutual respect and responsibility fits best with a democracy under the rule of law. (shrink)

Superficially, citizenship appears relatively simple: a legal status denoting political membership. However, critical citizenship studies scholars suggest that citizenship is first and foremost a political practice. When non-citizens, such as irregularised migrants, constitute themselves as citizens through their actions, irrespective of legal status, these practices of citizenship have transformational potential because they are extra-legal. Yet, there is an ambivalence here: rights-claiming migrants tend to frame their key demands within the terms of the law often by calling for the regularisation of (...) their status. This article addresses this ambivalence by adopting a ‘deconstructive method’ to investigate the legal dimensions of citizenship as sites of theoretical and political intervention. It is argued that practices of rights-claiming by irregularised migrants are important to grasp because they mobilise the paradoxes inherent to the fact that universal rights are enshrined in the constitutional texts of modern citizenship in order to generate new legal meanings and horizons of justice. This hypothesis is explored through a series of illustrative examples of rights-claiming taking place within and beyond the formal confines of legal orders. In so doing, the article sets out a novel conceptual framework for analysing how migrants’ claims to justice strategically negotiate citizenship in its legal form. (shrink)

Political theory has been described as an `enterprise of discovery' that carries within it the danger of utopianism. This article explores one aspect of that danger: the question of the paradoxical or circular nature of much political thinking. This seems to be both a necessary and an impossible feature of such theorizing. Political theory itself seems to require an idea of utopia that is, by definition, impossible to achieve.

In The Crisis of the European Union Jürgen Habermas claims that the constituent power in the EU is shared between the community of EU citizens and the political communities of the member states. By his own account, Habermas arrives at this concept of a dual constituent subject through a rational reconstruction of the genesis of the European constitution. This explanation, however, is not particularly illuminating since it is controversial what the term ‘rational reconstruction’ stands for. This article critically discusses the (...) current state of research on rational reconstruction, develops a new reading of Habermas’ method and invokes this account for an explanation and evaluation of the notion of a European pouvoir constituant mixte. (shrink)

Analysing two reproductive rights claims brought before the High Court of Namibia and the European Court of Human Rights, this article argues that human dignity is not reducible to a recognized warrant to demand a particular set of goods, services, or treatments. Rather, dignity in the contexts in which women experience sterilization abuse would be better characterized as an existential protest against degradation, a protest that takes concrete form in legal demands for equal citizenship. Equality is conceived here as necessitating (...) the elimination of all forms of discrimination against women in public and private life. The dignity as non-discrimination framework developed in the article thus integrates two of the leading interpretations of dignity in contemporary political philosophy – the existentialist approach that attends to the inward cry against degradation and the view of dignity as the equal, public status of democratic citizenship. (shrink)

In political theory it goes without saying that the constitution of government raises a claim for legitimacy. With the constitution of the people, however, it is different. It is often dismissed as a historical question. The conviction is that since the people cannot decide on its own composition the boundaries of democracy must be determined by other factors, such as the contingent forces of history. This article critically assesses this view. It argues that like the constitution of government, the constitution (...) of the people raises a claim for legitimacy. The failure to see this is what makes many theorists run into the arms of history. They submit the legitimacy of the people to the arbitrary and asymmetrical forces of the present. (shrink)

In this study, the author investigates how the battered women’s movement has transformed the treatment of domestic violence in Salt Lake City’s specialized domestic violence court. Using Lisa Brush’s account of how the state promotes the dominance of men and the disadvantage of women, the author shows that Salt Lake City’s domestic violence court transforms both its governance of gender and its gender of governance, lending support to optimistic theories of the state. The author argues that this court is an (...) example of a state institution that has been transformed into a feminist regime committed to individual and social change. The author encourages feminist theorists to engage with the work of Jurgen Habermas to better conceptualize the potentially positive relations among the state, social movements, and social change. (shrink)

A high level of complexity and a continuous and always changing relationship among its elements characterizes modern world society. As a result, a constant differentiation and specialization of diverging social fields aiming to reduce the uncertainty emerging from that complexity takes place. Paradoxically, as differentiation and specialization increase, they become a new source of uncertainty. In order to confront this self-producing ambiguity, some social operations develop structural interdependencies with a sufficient level of operational stability that distinguish them from their environment. (...) In this paper this is called contextual differentiation, i.e. the emergence of differentiated contexts of interaction, decision and symbolization that make possible a mutilayered concretization of social functions in supranational contexts. With regard to the differentiation of law, economy and sports this process is analyzed and illustrated in four case studies: the Bill & Melinda Gates Foundation, the Bank for International Settlements, FIFA, the game and its publics, and the international commercial arbitration. La sociedad mundial moderna se caracteriza por su alta complejidad, es decir, por la continuamente cambiante interrelación de sus elementos. El resultado de ello es una constante diferenciación y especialización de espacios sociales orientada a manejar la incertidumbre que esa complejidad genera. Paradójicamente, la diferenciación y especialización es nuevamente una fuente de complejidad. Para enfrentar esta ambigüedad auto-producida, determinadas operaciones sociales se distinguen por generar interdependencias estructurales que logran una estabilidad operacional suficiente para distinguirlas de su entorno. A ello se le denomina en este artículo diferenciación contextual, esto es, la emergencia de contextos diferenciados de interacción, decisión y simbolización que posibilitan una concretización múltiple de funciones sociales en espacios supranacionales. Esto se observa especialmente a propósito de la diferenciación del derecho, la economía y el deporte, y se ilustra con cuatro estudios de caso: la Bill & Melinda Gates Foundation, el Bank for International Settlements, la FIFA, el juego y sus públicos, y el arbitraje comercial internacional. (shrink)

This article examines two distinct ways in which anticolonial thinkers in early twentieth-century Korea reconstructed their nondemocratic tradition in an attempt to justify (rather than take for granted) the claim of self-determination. The exposure to modern education and ideas of democracy prompted these thinkers to critically engage their tradition in the struggle for self-determination. That said, they could not simply abandon the cultural foundation of their nation. Japanese colonial rule drew its legitimacy from not only an assimilation ideology that the (...) Japanese and Koreans shared the same ethnic origin but also a developmentalist conception of the colonized that they were premodern and incapable of self-rule. To reject imperial domination, Korean anticolonial thinkers needed to invent out of their country’s nondemocratic tradition (1) an unassimilable nation/people (2) capable of self-rule. Drawing upon the political writings of two early twentieth-century thinkers in colonial Korea, Yi Kwang-su (1892–1950) and Cho So-ang (1887–1958), I discover from their political thought two nuanced approaches to this project of inventing “the people” in the colonial world. I argue that while Yi succeeded in rebutting the colonial ideology of assimilation, he fell into the trap of developmentalism. I contend that Cho, on the contrary, sidestepped this trap with his revisionist reading of the Confucian past as a history of democratic transformation, thus providing an immediate alternative to imperial sovereignty. (shrink)

This article presents Minobe Tatsukichi’s emperor organ theory as a novel understanding of the temporality of founding. In contrast to a conventional framework of founding which legitimizes the constitution by postulating the pre-constitutional power of “the people,” emperor organ theory invents “the people” out of the Meiji Constitution as a democratically empowered subject to-come. In so doing, emperor organ theory calls upon the transformation of shin-min (臣民), the presumed subject of the emperor, into koku-min (国民), the people of this constitutional (...) state. However, emperor organ theory also highlights the contingency of founding moments: though koku-min emerged through the Diet as a conceptually new political actor in Japan’s nascent constitutional state, it never solidified its sovereign status as “the people.”. (shrink)

Constellations, Volume 29, Issue 3, Page 375-392, September 2022.