This essay contributes to developing a new approach to political legitimacy by asking what is involved in judging the legitimacy of a regime from a practical point of view. It is focused on one aspect of this question: the role of identity in such judgment. I examine three ways of understanding the significance of identity for political legitimacy: the foundational, associative, and agonistic picture. Neither view, I claim, persuasively captures the dilemmas of judgment in the face of disagreement and uncertainty (...) about who “I” am and who “we” are. I then propose a composite, pragmatic picture. This view casts the question of political legitimacy as an existential predicament: it is fundamentally a question about who you are—both as a person and as a member of collectives. The pragmatic picture integrates rational, prudential, and ethical qualities of good judgment that were heretofore associated with mutually exclusive ways of theorizing legitimacy. It also implies that the question of legitimacy cannot be resolved philosophically. (shrink)

In this article, I engage with what relevant literature addresses as the ‘paradox of democracy’ and trace it back to the dialectic between authorization and representation established by social contract theories. To make my argument, I take Rousseau’s Social Contract as a paradigmatic example of the paradox and analyse it in light of Hegel’s critical response. My aim is to show that, although Rousseau rejects the idea of representing the popular will, representation resurfaces in his Republic from top to bottom (...) and engenders a structural opposition between citizens and rulers: drawing on the Hegelian scrutiny of contractarianism, I focus on three key moments in Rousseau’s theory, namely the Lawgiver, the majority rule and the executive power. After illustrating how the social contract undermines democratic participation in deliberative processes, I suggest that Hegel’s philosophy of right overcomes the paradox by positively assuming it as a dialectical contradiction that requires a specific constitutional approach to democracy. In this sense, I argue, the Hegelian perspective on democratic deliberation helps us to better frame Rousseau’s ambition to conceive the Republic as a free community of equals and urges us to elaborate a more coherent understanding of participation in a pluralistic society. (shrink)

In this essay, I attempt to measure various prevailing democratic theories against an argument that Carl Schmitt advances in the first chapter of his ‘Crisis of Parliamentary Democracy’. In practice, he claims there, democratic politics is compelled to introduce a distinction between ‘the will of the people’ and the behaviour of the empirical people, thus justifying the bracketing and unlimited suspension of the latter in the name of the former, even to the point of dictatorship. I argue that no contemporary (...) approach to democracy as a fundamental value is able to mount a compelling response to this critique and that we should therefore reconsider the status of democracy as a normative commitment. I proceed by carefully and closely reading Schmitt’s chapter and then by juxtaposing various currents of democratic theory (including liberal, deliberative, epistemic and various hybrids thereof) with the trajectory of Schmitt’s argument. This essay is therefore less of a contribution to Schmitt scholarship, in the sense that it does not take a panoramic view of his corpus to determine his final stance on democracy, and more of an intervention into contemporary democratic theory using Schmitt’s argument as a kind of lever. (shrink)

This is the Introduction to a collected volume.

The contemporary agonist thinker, Chantal Mouffe argues that conflicts are constitutive of politics. However, this position raises the question that concerns the survival of order and the proper types of conflicts in democracies. Although Mouffe is not consensus-oriented, consensus plays a role in her theory when the democratic order is at stake. This suggests that there is a theoretical terrain between the opposing poles of conflict and consensus. This can be discussed with the help of concepts and theories that seem (...) to be standing between the two, namely compromise, debate and the borders of democracy. I will argue that we can reveal this position with the theoretical analysis of compromise in the works of F. R. Ankersmit on the historical origin of representative democracy, and Amy Gutmann and Dennis Thompson on the role of compromise in divided communities. J. S. Mill’s view of colliding opinions offers a moderate agonistic understanding of politics, while the concept of debate plays a similar role for Márton Szabó, a contemporary Hungarian political theorist. Finally, Mouffe’s position stands at the conflictual end of this spectrum, although conflicts are delimited on the normative ground of democracy. (shrink)

This paper advances a novel take on Chantal Mouffe’s appropriation of the late Wittgenstein, arguing that Wittgenstein’s philosophy, at the same time, gives rise to and offers a solution to the relativism problem as it can be found in Mouffe’s radical political thought. Unlike other vindications of Wittgenstein-inspired political thought, I also show at which point Wittgenstein’s support for such an approach comes to an end. I thus acknowledge that the relativism problem – at least to some extent – stems (...) from the ambiguity of Wittgensteinian thought itself. After having outlined these challenges, I suggest turning to alternative approaches from the field of critical social philosophy. In particular, Rahel Jaeggi’s Frankfurt School account of forms of life highlights what such a non-relativist but still context-sensitive approach may look like. By virtue of this last step, this paper contributes to recent engagements by Critical Theorists with the late Wittgenstein. (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)

This article addresses Eric L. Santner’s claim that “there is more political theology in everyday life than we might have ever thought” by analyzing the “theologico-political problem” in the work of three prominent twentieth-century political thinkers—Carl Schmitt, Leo Strauss, and Hannah Arendt. Schmitt, Strauss, and Arendt share a preoccupation with the crisis of modern political liberalism and confront the theologico-political problem in a similar spirit: although their responses differ dramatically, their individual accounts dwell on the absence of incontestable principles in (...) modern society that can justify life-in-common and the persistence of the political order. Their writings thus engage with the question of the place of “the absolute” in the political realm. In particular, Arendt’s indirect approach to the theologico-political problem is crucial to understanding the radicality of a political world in which traditional certainties can no longer be re-established. The theoretical trajectory I present suggests that the dispersion of political theology in everyday life has a specific corollary: modern politics operates within the tragic and paradoxical nature of its unstable and common origins that cannot be incorporated in exceptionalist versions of the body politic. (shrink)

Modern thinking about democracy is largely governed by the concept of constituent power. Some versions of the concept of constituent power, however, remain haunted by the spectre of totalitarianism. In this article, I outline an alternative view of the identity of the people whose constituent power generates democratic authority. Broadly speaking, constituent power signifies the idea that all political authority, including that of the constitution, must find its source in some idea of ‘the people’, whose authority is never exhausted by (...) constituted power. The deficiency I seek to address is that of asking who the people is to whom any claim of authority refers, while avoiding the pitfalls of totalitarianism. I show the most famous totalitarian view of constituent power – advanced by Carl Schmitt – to be not only politically unsavoury but also ontologically unjustified. To outline my alternative view, I draw on Jacques Derrida’s concept of just decisions to argue that the undecidable inaugurates collective responsibility by demanding a response. This suggests a view of ‘the people’ as a doing rather than a being. I conclude by showing how this avoids totalitarian views of popular sovereignty by demonstrating its congruency with Claude Lefort’s democratic theory as opposed to totalitarianism. (shrink)

In this article we investigate the value and utility of Machiavelli’s work for Community-Based Natural Resource Management. We made a selection of five topics derived from literature on NRM and CBNRM: Law and Policy, Justice, Participation, Transparency, and Leadership and management. We use Machiavelli’s work to analyze these topics and embed the results in a narrative intended to lead into the final conclusions, where the overarching theme of natural resource management for the common good is considered. Machiavelli’s focus on practical (...) realities produces new, sometimes unsettling, insights. We conclude that this focus helps to understand the development and performance of management regimes and their consequences and that institutional design should be seen as an ongoing process, which requires a constant adaptation of these institutions. (shrink)

I propose taking the beautiful and the sublime in Edmund Burke not just as aesthetic but also as theoretical categories which can help us read his constitutional thought in dialectical terms. I suggest indeed that his usage of these categories in the Reflections on the Revolution in France points to a consistently held argument concerning the aporias of early-modern contractarian theories and their influence on the French Revolution. My hypothesis is that for Burke the Revolution is unable to think of (...) any concrete relation between beauty and sublimity, insofar as they can be associated, respectively, with particularity and universality. Furthermore, I underscore how Burke’s defence of partial representation against contractarian representation aims to overcome this impasse. My goal is to demonstrate that Burke raises decisive questions as to the intrinsically anti-democratic effects of the contractarian concept of democracy and is still useful to confront the contemporary crisis of democratic participation. (shrink)

In light of the recent revival of the debate on radical democracy, this paper seeks to show how a critical reappropriation of Chantal Mouffe’s theory of agonistic politics can explain the structure of a conflict-based understanding of democratic orders. In explicit convergence with Mouffe, I argue that a radical democratic project by no means needs to abandon—as many absolute democracy and multitude theorists claim—the modern political paradigm. I also show, diverging from her account, that Mouffe’s defence of a radical democratic (...) project based on pluralism and agonism would have been better served by a critical reception of Arendt’s thinking rather than that of Schmitt. The relevance of this alternative strategy—so I will argue—lies in the fact that it delivers an apt design for a politico-legal order which permits true and proper conflicts, on the one hand, while simultaneously allowing that they be dealt with democratically, on the other. (shrink)

This essay challenges dominant interpretations of Foucault’s lectures on parrhesia as affirming an ethical, non-political conception of truth-telling. I read the lectures instead as depicting truth-telling as an always political predicament: of having to appear distant from power, while also having to partake in some sense of political power. Read in this way, Foucault’s lectures help us to understand and address the disputed politicality of truth-telling – over who counts as a truth-teller, and what counts as the truth – that (...) his ethical interpreters tend to neglect. Yet the essay also shows that Foucault’s depiction of the predicament of truth-tellers is problematically gendered: focused on the masculine problem of moving in and out of the public sphere, rather than on the experience of the dispossessed, who are excluded from political power altogether. The essay mobilizes an alternative reading of one of Foucault’s key texts – Euripides’ Ion – to draw out an alternative, more democratic model of the predicament of truth-telling: of having to constitute power that can lend significant to truth-telling, while speaking from a position of powerlessness. (shrink)

Since the publication of Between Facts and Norms, Habermas’s concept of communicative power has been the topic of significant discussion. This article contributes to this conversation by examining Habermas’s account of what makes communication powerful. I argue that Habermas’s conception of communicative power describes a nonviolent and noninstrumental mode of acting and being with others in language. This mode of engagement underwrites a conception of power that is structurally different from willing, one that builds meaningful worlds and (trans-)forms those engaging (...) in communicative procedures. In drawing out this aspect of Habermas’s conception, I show that he is not a rationalist and proceduralist whose account of communicative procedures protects decision-making from irrational aesthetic powers. Rather, he presents communication as a mimetic achievement, a set of aesthetic practices and experiences that affectively alter its participants. With this position, Habermas makes an important contribution to and not just against the analysis of the aesthetic dimensions of political life. In casting communication as a mimetic achievement, Habermas presents an account of how communication opens worlds and forms subjects. Yet since these aspects of communication arrive in linguistic form, he can also examine affective and aesthetic experiences within discursive procedures. We can understand world-opening and aesthetic (trans-)formation as an essential part of democratic politics while also identifying the perspectives and resources by which actors can reflect on and critically evaluate whether an opinion is justified or whether a political project is worth pursuing. (shrink)

When collective decisions should be made democratically, which people form the relevant demos? Many theorists think this question is an embarrassment to democratic theory: because any decision about who forms the demos must be made democratically by the right demos, which itself must be democratically constituted and so on ad infinitum; and because neither the concept of democracy, nor our reasons for caring about democracy, determine who should form the demos. Having distinguished between these three versions of the demos problem, (...) we argue that each of them can be solved. (shrink)

Democratic deliberation has an inherent tension between self-government and good government. It grants democratic politics a legitimacy which depends on its responsiveness to the collective opinion of the members of a political community, while it also seeks good decisions, the justification of which adheres to an ideal of right action beyond the opinion of the majority. In this regard, Philip Pettit proposes liberty as non-domination as a regulative ideal that guides democratic deliberation for self-government without jettisoning the ideal of good (...) government. His republican theory of democratic deliberation is worthy of our consideration in the sense that without endorsing either any pre-existing commonality in a society or a set of inalienable individual rights, it successfully justifies the imposition of external premises in democratic deliberation. However, his theory of democratic deliberation still falls prey to charges of having an anti-self-government tendency, particularly when civil contention between individuals or groups is driven by contrasting views of liberty as non-domination. Based on this observation, in this paper, supplementing his consequentialism with the Daoist practices of becoming ‘nothingness’, I will suggest the ethics of ‘difference’ as an additional regulative principle that helps better steer democratic deliberation toward the premise of liberty as non-domination. (shrink)

Identity and democracy and, more particularly, national identity and deliberative democracy account for a controversial relationship. However, from a classical deliberative democratic point of view, the controversy over who is the ‘we’ that needs to stand together in contemporary complex societies settled with the constitution of modern states. In this sense, the main contribution of this paper is twofold. On the one hand, I rebut the analytical appropriateness and conceptual coherence of Habermas’ discursive approach to democracy for the case of (...) plurinational societies in contemporary constitutional democracies. A discussion of a test case – Catalonia – demonstrates that this inadequacy renders incoherent the deliberative model regarding one of its most fundamental premises: the equal weight of the principles of law and the principle of democracy. On the other hand, I sustain that the challenge is not about identity but democracy, and more particularly, about the role deliberative democracy is called to play when controversy challenges whether the people of a state do conform to a single people or not. More concretely, I explore the opportunities offered by the systemic turn to sustain a more realistic approach to deliberative democracy regarding its capacity to steer society towards integration in the context of the system of public deliberation. (shrink)

Sheldon Wolin, one of the most influential contemporary political theorists, died in 2015 at the age of 93. His remarkable legacy within political thought includes written works such as Politics and Vision and lives on as well in a variety of his former students, for instance, Cornel West and Wendy Brown. Wolin's intellectual heritage is sure to persist, given that he "lived in the presence of time past, time present, and time future".This brief essay, however, does not seek an obituary (...) tone. Rather, I will comment on particular topics inherent to Wolin's interpretation of democracy by taking into consideration Bonnie Honig's twofold rendition of it, centered on the paradoxical character of politics. (shrink)