This study rethinks the critical reception of Hegelianism in nineteenth-century France, arguing that this reception orbits around "pantheism" as the central political-theological threat. It is Hegel’s alleged pantheism that French authors often take to be the root cause of the other dangers that become associated with Hegelianism over the course of the century, ranging from the defence of the status quo to radical socialism to pangermanism. Moreover, the widespread fixation on the term "pantheism" as the enemy of all that is (...) true, and as the term that defines the age, is symptomatic of the perception of the nineteenth century by its contemporaries as a period of crisis and turmoil, in which heretical energies are let loose that threaten to unground all authority and all transcendence. More speculatively, I suggest in the conclusion that it is the same energies that the term "communism" comes to capture, too. (shrink)

This dissertation critically examines the writings of Max Stirner, especially his masterpiece The Ego and Its Own, as a discourse of resistance against modern forms of domination and, in particular, against the modern political State. I begin by examining Stirner's inversion of the Hegelian concept of the State, from the “actualization of freedom”to an instance of domination. The State appears, to Stirner as to Hegel, as the guardian of order and cohesion in modern societies. While both recognize the genesis of (...) sovereign power as violent, Hegel sustains that, with the progress of civilization, force is eradicated from the public order and private interests and common interest are reconciled. Stirner, on the contrary, insists that force is the other face of right, as the hidden pillar of the norm, which only reveals itself in moments of crisis. Stirner’s focus on the extreme case, largely anticipated and devalued by Hegel as unilateral and equivocal, seems to be anchored on the conviction that conflict is ineradicable, that between my own will and the (political, social) representation of that will there is always a gap, which cannot be filled by any collective arrangement. From this follows that, if conflict is scarcely manifest in modern societies, it is not because it was truly solved, but because it is effectively masked, due to the dissymmetry of power and the internalization of authority. The “unique one” appears, in this environment of great suspicion, as the one who cannot be represented, who surpasses every representation, threatening the authority of every representative. Accordingly, the “unique one” reclaims his own power, without allowing the satisfaction of his will to be mediated by obedience to collective institutions, affirming himself instead as sovereign over himself. Stirner suggests that the self-affirmation of the “unique one” inevitably leads to confrontation with the external powers that organize his existence. Stirner, nonetheless, chooses to think this confrontation in terms of a “revolt”, of a reflexive and individual act by which the individual emerges from the situation in which he finds himself, rather than as a “revolution”, a political or social act directed towards the systemic transformation of the status quo. Even if we admit the validity of the Stirnerian critique of the legitimizing discourses of modernity, the problem remains if this critique can be sustained on the “unique one”, “a thoughtless word”, an openly self-contradictory and self-destructive name, subject or principle (?). The possibility of founding a discourse of resistance on the egoism of Max Stirner seems to depend upon the answer that we choose to give to two intimately connected questions: what remains after the destructive vortex of the “unique one” that may sustain the resistance against a state that Max Stirner deems oppressive? Can this resistance be realized in the revolt of a unique one without the recognition of another one with whom to build the conditions of freedom? (shrink)

In this dissertation I examine the ontological and systematic basis of Hegel’s social and political philosophy. I argue that the structures of the will, discussed in paragraphs five through seven of the Philosophy of Right, present the key for understanding the goal and the argumentative structure of that work. Hegel characterizes the will in terms of the oppositions between the universal and the particular, the infinite and the finite, and the indeterminate and the determinate. Ultimately, he argues that we must (...) grasp the will as the unity of these oppositional moments. The Philosophy of Right presents an extended attempt to grasp this unity. -/- In order to central problem presented by the structure of the will, I argue that we must first recognize the will as the highest instantiation of the more general structures that constitute the notion. On my interpretation, the term ‘notion’ designates Hegel’s doctrine of substance. More specifically, this term presents his conception of substance in terms of categories normally associated with human subjectivity, in terms of representation and purposive action. -/- The will presents the highest or truest instantiation of the notion. Various notions can be ranked along a spectrum in accordance with their degree of success at resolving the basic problem facing all objects – namely the problem of integrating or essentially relating identity and difference through self-constituting activity. The unification of identity and difference presents the central problem or paradox of Hegel’s philosophy. It is a paradox that takes many forms. In this dissertation, I show how change, the structure of judgment, and the nature of the object all exhibit this paradox. I also show how Hegel’s doctrine of the notion develops as a direct response to this paradox. Additionally, I argue that Hegel’s account of the structure of the will – as the unity of the universal and the particular, the unity of the infinite and the finite, and the unity of the indeterminate and the determinate – presents the highest manifestation of the paradox that arises when we seek to explain the unity of identity and difference. (shrink)

: Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, each human (...) being has a special role to fulfil in God's plan and therefore has inalienable rights to subsist. Later theories have secularized this idea by claiming that human beings are purposive agents. Secularization, however, comes at a price. In the case of these theories, the price is a failure to provide satisfactory answers to the most basic questions we would expect of a theory of natural rights to answer. They have failed to provide a basis for ascribing these rights to all and only to human beings. They have not been able to generate a clear and viable criterion for ascribing duties correlative to these rights. And they cannot limit rights-claims in a non-arbitrary way. Hence we should abandon these theories. (shrink)

Until recently, few people would have doubted that the idea of distributive justice is old, indeed ancient. Several authors have now challenged this assumption. Most prominently, Samuel Fleischacker argued that distributive justice originates in the eighteenth century. If accurate, this would upset much of what we have taken for granted about an important part of the history of Western political thought. However, the thesis is manifestly flawed; and since it has already proven influential, it is important to set the record (...) straight. We will focus on the principle of extreme necessity, developed in twelfth- and thirteenth-century canon law, and subsequently adopted in civil law. Despite its immense importance for the history of political thought, the principle is barely known, and much less discussed. We briefly characterize the main tenets of the principle and show that it meets all the criteria to count as a principle of distributive justice. (shrink)

This paper offers a dialectical analysis of the law relating to the Greek crisis. The form and content of the measures introduced in the Greek legal system to deal with the debt crisis is examined under the concept of ‘necessity’. It is argued that this concept, used by the Greek Council of State to justify the constitutionality of these measures, opens a path for a more comprehensive analysis of the measures implemented through the mechanism of the Greek Memoranda of Understanding. (...) The measures are seen as ‘necessary’: on the one hand in their accordance and basis on principles of the European Union; on the other hand in their class orientation and reflecting of specific social interests. But despite their necessity, neither their content, nor the form of implementation of these measures is fixed; it is rather contingent, i.e. dependent on the level of intensification of social and economic antagonisms. (shrink)

This paper argues that the images evoked in the literature of the Spanish indignados, and other contemporary global justice movements, specifically those of disciplinary and social decadence, a space–time beyond the limits of the possible, obligations across generations, and, ultimately, of universal history as horizon and anticipation, reactivate the legal critique of absolute property that featured so prominently in nineteenth-century accounts of law, civil society, and revolutionary right, and then again in the context of twentieth-century decolonization and revolutionary movements. Insofar (...) as such images can be distinguished from concepts, following a certain reading of the critical tradition against the grain, they pave the way towards the formulation of a systemic critique or a ‘jurisprudence of indignation’, in the wake of the emergence, rise and current crisis of the global market. (shrink)