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)

In Luc Boltanski’s On Critique, various dimensions of democracy as a political regime and form of society are evident, but never explicitly conceptualized. There is, however, something to be gained by making the democratic dimension in Boltanski’s work more explicit: the normative and political standpoints become clearer, but also the real-life possibilities for and significance of critique in contemporary times. The paper will first discuss the democratic theory in On Critique by focusing on the differentiation between reality and the world (...) and the conceptualization of institutions. In a second step, I will relate a rather rudimentary democratic theory to the radical-democratic dimensions of the work of Claude Lefort and Cornelius Castoriadis in order to make its contours more explicit. In a third step, I will discuss a tension that exists between the radical-democratic dimension in On Critique and Boltanski’s portrayal of contemporary capitalist-democratic societies as largely immune to critique. (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)

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)

Traditionally, transitional justice has referred to that field of theoretical scholarship that proffers recuperative strategies for political societies divided by a history of violence. Through the establishment of truth commissions, public confessionals and reparative measures, transitional justice regimes have sought to establish restorative conditions that might help reconcile historical antagonists both to each other and to the trauma of their shared past. Because of some of the theoretical lapses in this scholarship some have turned recently to the field of radical (...) democratic and ‘new pluralist’ thought – and especially to agonistic literature – to foreground a theory of post-conflict reconciliation based not on the principles of the sublimation of difference, but rather the perpetual deferral of accord. This essay works both to underscore that effort, as well as to problematize it. Through unorthodox readings of Giorgio Agamben, Jean Améry and Sheldon Wolin, the essay argues that an emphasis on messianicity as the temporal mode of political repair is ultimately less productive for what I call an agonistics of reconciliation than a more nuanced approach to what Wolin calls ‘fugitive democracy’. Where the former is allied with a problematic politics of mutual respect, the latter affirms a more germane politics of abiding resentment. In the end, a startling conclusion is drawn from reading agonistic reconciliation through Wolin: democracy may be a political experience reserved for scenes of transitional justice alone. (shrink)

Constellations, Volume 28, Issue 4, Page 522-536, December 2021.

Claude Lefort’s theory of democratic indeterminacy has been an influential source among democratic theorists to demonstrate that democratic times lack absolute and determinate grounds on which to b...

A crucial imperative for decolonial praxis in the liberal settler colony is to radically delegitimise the prevailing social order. This is regarded as necessary to achieving genuinely decolonial forms of social transformation rather than merely the ongoing modification of colonial rule. I propose here, however, that such objectives depend not simply on delegitimising the colonial regime as such, but also on finding ways to expose and challenge its resources of legitimating power, that is, the capacity to shape and reshape perceptions (...) of legitimacy in the public sphere, and thus render legitimacy a moving rather than static target for opponents. I explore, here, the potential for a basic democratic grammar of contestation to be utilised in this task. The promise of such a grammar lies in its permanent availability to problematise rule arranging powers in the public sphere, and thus work to expose their unjustified nature. It also carries a threat, however, in that its public activation always arouses a broader array of normative forces, some aspects of which might oppose or undermine decolonial objectives. Whilst the democratic grammar holds promise for challenging liberal legitimating power, then, it must also be treated with caution from a decolonial perspective. (shrink)

In this dissertation I explore the conceptual relationship between equality and resistance in political philosophy. Through examination of the work of Jean-Jacques Rousseau, Karl Marx, John Dewey, and Jacques Rancière, I formulate a position called Fractured Social Holism. This is a problematic that attempts to articulate core issues at stake in the debates surrounding the purposes, meanings, and possibilities for politics. Through Fractured Social Holism I articulate a theory of equality that emphasizes the communities upon which societys institutions intend to (...) distribute equality, arguing that resistance on the part of a populationgroup opposition, formal or informal, to some element of the societal status quoconceptually grounds equality and its distribution by articulating its very possibilities. My central questionHow is equality constituted?focuses on the community itself in order to shift agency from institutions that distribute equality to those who demand it. It emphasizes the active role of the people in the constitution of a community of equals, as well as the fact that the very notion of the people is what is at stake in that constitution; popular resistance challenges the very meaning and content of any given people. I understand equality in the broadest possible sense, in terms of the opportunity of each and all within society to participate in dictating the terms of their public engagement with that society and with others within it. I argue for the possibility of resistance within egalitarian community in Rousseau, the limits of what that resistance in egalitarian society looks like in Marx, how egalitarian communities can organize themselves in Dewey, and how subjectivity relates to mechanisms of resistance and political action within society in Rancière. These historical interpretations and the conceptual framework they engender provide a novel means of thinking about issues of paramount importance in contemporary political philosophy, including pluralism, oppression and domination, and the purposes and meaning of politics, remaining true to a normative vision of equality while insisting on the necessity of the peoples resistance to the status quo in the name of a re-imagined vision of social harmony. (shrink)