This article examines why and how workers adhere and contribute to the perpetuation of the freedom fantasy induced by neoliberal ideology. We turn to Hannah Arendt’s analysis of the human condition, which offers invaluable insights into the mechanisms that foster the erosion of human freedom in the workplace. Embracing an Arendtian lens, we demonstrate that individuals become entrapped in a libertarian fantasy—a condition enacted by the replacement of the freedom to act by the freedom to perform. The latter embodies the (...) survivalist modus operandi of animal laborans who renounces singularity, by focusing on the function of supervised labor, who renounces solidarity, by focusing on individualist and competitive labor, and who is deprived of spontaneity, by focusing on the measured productivity of labor. Therefore, we propose a new corporate governance perspective based on the rehabilitation of political action in organizations as the best way to preserve human capacity for singularity, solidarity, and spontaneity. (shrink)

This article diagnoses and critiques pervasive forms of teleological thought about basic structures of political organization in modern and contemporary political thought: arguments that the sovereign state, the nation-state, or some variant of a cosmopolis both represents the unfolding of history’s moral logic and offers us full moral personhood, agency, and maturity. Despite the received wisdom that modern political thought broke with teleology, I argue that early modern social contract theory was deeply teleological. The emergence of the normatively self-contained sovereign (...) state from the state of nature represented both decisive historical-moral progress from the medieval European non-state polities and the possibility of true moral personhood, thanks to the unity of will and judgment created by a unified authority structure. The article then argues that this overattachment to unity, both as an historical culmination and as a prerequisite to full personhood, was carried over into subsequent nationalist and cosmopolitan thought, where we see over-moralizations of historical processes, excessive claims for the teleological causal force of moral progress, and critiques of the immaturity of those persons who do not live in the recommended political form. The article closes with a sustained critique of both historical and individual-moral teleologies of these sorts. (shrink)

This article diagnoses and critiques pervasive forms of teleological thought about basic structures of political organization in modern and contemporary political thought: arguments that the sovere...

Recent debates in political theory display a renewed interest in the problem of judgment. This article critically examines the different senses of judgment that are at play in Jürgen Habermas’ theory of law. The article offers a new critical reading of Habermas’ account of the legitimacy of law, and a revisionary interpretation of the reconstructive approach to political theory that underpins it. Both of these are instrumental to an understanding of what is involved in judging the legitimacy of law that (...) is richer than has been recognized thus far by both critics and defenders of Habermas. (shrink)

Habermas’ theory of popular sovereignty has received comparatively little sustained critical attention in the Anglo-American literature since initial responses to Between Facts and Norms. In light of subsequent work on group agency, this paper argues that Habermas’ reconstruction of popular sovereignty—in its denial of the normative force of collective citizen action—is best understood as a renunciation of the doctrine. The paper is structured in three sections. Section 1 examines Habermas’ treatment of popular sovereignty prior to Between Facts and Norms as (...) both (i) a principle of constitutional legitimacy or normative justification for the modern Rechtsstaat and (ii) a concept of legitimation for the rule of the ascendant liberal bourgeoisie. Section 2 then argues that Habermas’ reconstruction of popular sovereignty in Between Facts and Norms, by discounting the role of collective citizen agency in the justification of the modern constitutional state, empties the doctrine of its core normative content. The final section briefly elaborates on this claim by reference to Habermas’ theory of the public sphere. (shrink)

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)

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)

In philosophy and political theory, the term paradox is often used synonymously with antinomy, contradiction and aporia. This article clarifies the meaning of these terms through tracing their respective etymology. We see that antinomy denotes a deep-seated conceptual opposition, whereas contradiction and aporia represent alternative responses to antinomy. The former presents the antinomy as potentially resolvable at some future time, and the latter sees the antinomy instead as a constitutive impasse. By way of contrast, para doxa originally referred to a (...) statement that is ‘contrary to received opinion’, but this idea has generally been subsumed – both in philosophy and more common place understandings – under the notion of aporia. This conceptual recovery enables a better understanding of key traditions in social and political theory, notably post-structuralism and Habermasian critical theory, which can be demarcated through their respective responses to the emergence of ‘paradoxes’. However, the article also demonstrates the material significance of these philosophical categories through their application to contemporary democratic politics. I analyse the constitutive tension between liberalism and democracy as well as the emergence of populism and show how these conceptual tools provide new insights for understanding these most pressing political developments of our time. (shrink)

In an interdependent world of overlapping political memberships and identities, states and democratic citizens face difficult choices in responding to large-scale migration and the related question of who ought to have access to citizenship. In an influential attempt to provide a normative framework for a more just global order, The Law of Peoples , John Rawls is curiously silent regarding what his framework would mean for the politics of migration. In this piece, I consider the complications Rawls’s inattention to these (...) issues creates for his broader vision of global justice. Yet I also attempt to show how these aspects of Rawls’s theory emerge from an underlying tension which confronts all liberal democratic conceptions of justice, both in theory and in practice. In my conclusion, I sketch an alternative rooted in the insights of agonistic pluralism, which “breaks” the Rawlsian silence and actively theorizes the democratic legitimation of political borders. (shrink)

In this article, I argue that political philosophers like Rawls and Habermas that characterize their methods as non-metaphysical or postmetaphysical depend on constitutions in order to provide a positive and public reference point for democratic participants. Michelman shows how this dependency is problematic, by contending that disagreement about the meaning of constitutional rights and the indeterminacy of their application undermines the rationality of consensus. I argue that his concerns raise serious problems for Rawls’ theory. Habermas, on the other hand, has (...) some tools to deal with Michelman’s critique — namely, his distinction between discourses of justification and application, and his idea of constitutional patriotism — but he must concede that much of the substance of constitutional democracy is basically up for grabs. I conclude by suggesting why these consequences are less threatening than they may seem. (shrink)

Sheldon S. Wolin's theory of fugitive democracy has been both lauded and criticized for its radical departure from the mainstays of democratic theory: formal institutions, political offices and constitutional arrangements of power. For Wolin, democracy is correctly understood as an ephemeral event that appears unexpectedly when ordinary citizens, united by a shared grievance, collectively interrupt normal political proceedings and reject constitutionalism. This article critically analyzes Wolin's theory in light of a historical phenomenon in which citizens collectively interrupted politics: frontier vigilantism (...) in the American West from 1850 to 1900. Critical of Wolin's wholesale rejection of constitutionalism, the article reveals the potentially legalistic patterns of extra-legal collective action, and it argues for de-fetishizing democratic practice that occurs outside of institutional channels. (shrink)

This essay is part of a dossier on Cristina Lafont's book Democracy without Shortcuts.