So-called transitional justice has become more universal and in doing so now approximates a more general sense of justice, law, or the rule of law. The inquiry of the essay proceeds by way of a brief analysis of ‘transitional justice’ and related qualifying terms, such as ‘restorative’, ‘reconciliatory’, and ‘retroactive’. I consider the plausibility of identifying, deflating, or reducing each of them, with, or, to, the rule of law, or other general justicial notions. I illustrate the analysis, in a condensed (...) form, through a case study of the Preamble to the Carcross/Tagish First Nation Constitution, a particular situation in the context of indigenous politics on the Canadian scene, one that focuses on negotiation of land-claims and self-government agreements in an historical epoch of continuing colonization and partial decolonization. I conclude by proposing that there is positive promise in the perpetual reconstruction of justice, or constitutionalizing. (shrink)

In this paper we critically review recent developments in policies, practices and philosophies pertaining to the mediation between science and the public within the EU and the UK, focusing in particular on the current paradigm of Public Understanding of Science and Technology (PEST) which seeks to depart from the science information-transmission associated with previous paradigms, and enact a deliberative democracy model. We first outline the features of the current crisis in democracy and discuss deliberative democracy as a response to this (...) crisis. We then map out and critically review the broad outlines of recent policy developments in public-science mediation in the EU and UK contexts, focusing on the shift towards the deliberative-democratic model. We conclude with some critical thoughts on the complex interrelationships between democracy, equality, science and informal pedagogies in public-science mediations. We argue that science and democracy operate within distinct value-spheres that are not necessarily consonant with each other. We also problematize the now common dismissal of information-transmission of science as inimical to democratic engagement, and argue for a reassessment of the role and importance of informal science learning for the lay public, provided within the framework of a deliberative democracy that is not reducible to consensus building or the mere expression of opinions rooted in social and cultural givens. This, we argue, can be delivered by a model of PEST that is creative and experimental, with both educational and democratic functions. (shrink)

Beginning in earnest in the late 1990s, educational researchers devoted increasing attention to the study of “active learning,” leading to a robust literature on the topic in the scholarship of teaching and learning. Meanwhile, during largely the same period, political theorists discovered the radical philosophy of Giorgio Agamben, which soon after began to ripple through more radical forms of philosophy of education. While both the SoTL works on active learning and writings of “Agambenian” philosophers of education have offered new insights (...) into their respective fields, active learning has not yet received a systematic philosophical reflection and the community of Agambenian philosophy of education has not yet been systematized. This article addresses both gaps, first through an outline of existing Agambenian approaches to the philosophy of education and second by theorizing active learning as a form of “destituent potential.” The systematic reflection on the three threads of Agambenian philosophy of education—whatever, potentiality, and study—offers an introduction to less familiar readers, and the second section offers a model for how philosophical concepts can become theoretical tools for SoTL analysis. (shrink)

Drawing upon Hannah Arendt's and Carl Schmitt's theories on the relationship between nomos and boundary, this paper revisits how constitutionalism and political power are reconciled as constitutional ordering. It first analyzes constitutionalism in the light of political modernity. Indicating that political power grounded by constitutions is omnipotent, complementing and completing constitutionalism, the paper contends that an omnipotent constitutional ordering is anything but an unleashed Leviathan. It is argued that constitutional omnipotence is framed and thus constrained by a constitutional nomos, the (...) matrix of which is a dual delimitation of boundaries, generational, and jurisdictional. (shrink)

This paper considers Niccolò Machiavelli’s contribution to a theory of constituent power. Modern authors who have analysed the concept of constituent power generally agree on its ambiguous, paradoxical and apparently contradictory essence. With few exceptions, Machiavelli is absent from both the historical reconstructions of and the theoretical debates on the origin of constituent power. My argument is built around two main theses: reintroducing Machiavelli to the debate on constituent power offers an original response to the theoretical fallacies and inconsistencies identified (...) by modern scholars. In particular, Machiavelli’s philosophy contributes to the comprehension of constituent power as a living force within social order. My second thesis is that by tracing the source of constituent power back to Machiavelli, we can overcome the main theoretical problem implied by this concept, namely the problem of the priority of the factual or the juridical, by providing a vision that emphasises their immanent coexistence. (shrink)

The French and Dutch referenda on the adoption of a European Constitutional Treaty highlight a remarkable ambiguity in the self‐constitution of a polity, which can be viewed as both constitution by and of a collective self. This ambiguity is a fundamental feature of polities in general, and the European Union in particular. Rather than suppressing this ambiguity, democracy—and a fortiori a European democracy worth its name—institutionalises it as the guiding principle of political action. As will transpire, the conceptual and normative (...) problems raised by political self‐constitution are linked to self‐attribution, i.e., the conditions under which a collective ascribes legislation to itself. (shrink)

In this paper I shift the center of utopian debates away from questions of ideology towards the question of power. As a new point of departure, I analyze Foucault's notion of biopower as well as Hardt and Negri's theory of biopolitics. Arguing for a new hermeneutic of biopolitics in education, I then apply this lens to evaluate the educational philosophy of John Dewey. In conclusion, the paper suggests that while Hardt and Negri are missing an educational theory, John Dewey is (...) missing a concept of democracy adequate to the biopolitical struggles of the multitude. Thus, I call for a synthesis of Dewey and Hardt and Negri in order to generate a biopedagogical practice beyond both traditional models of education as well as current standardization. (shrink)

Drawing upon Hannah Arendt's and Carl Schmitt's theories on the relationship between nomos and boundary, this paper revisits how constitutionalism and political power are reconciled as constitutional ordering. It first analyzes constitutionalism in the light of political modernity. Indicating that political power grounded by constitutions is omnipotent, complementing and completing constitutionalism, the paper contends that an omnipotent constitutional ordering is anything but an unleashed Leviathan. It is argued that constitutional omnipotence is framed and thus constrained by a constitutional nomos, the (...) matrix of which is a dual delimitation of boundaries, generational, and jurisdictional. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rhetoric and Capitalism:Rhetorical Agency as Communicative LaborRonald Walter GreeneIt is a commonplace to describe rhetorical agency as political action. From such a starting point, rhetorical agency describes a communicative process of inquiry and advocacy on issues of public importance. As political action, rhetorical agency often takes on the characteristics of a normative theory of citizenship; a good citizen persuades and is persuaded by the gentle force of the better (...) argument. More radical visions of argument might include strikes, sit-ins, and boycotts in the rhetorical arsenal of good citizenship, and some might even flirt with violence as rhetorical action. This model of rhetorical agency requires a translation of the conceptual apparatus of rhetoric and its alignment with the problematics of democratic theory and actually existing democratic regimes. Classical models that hoped to harness rhetorical agency to the making of the "orator-statesman" (sic) must reimagine political participation in terms of publics and counterpublics, social movements, electoral campaigns, communication media and technologies, as well as supra- and sub-national institutional settings. As the classical norms of citizenship rub against (post) modern realities, a permanent anxiety over the meaning and potential of rhetorical agency seems destined to be lodged in the critical imagination of rhetorical studies. If politics today is, in Jodi Dean's words, "a domain of financially mediated and professionalized practices centered on advertising, public relations, and the means of mass communication," then actually existing rhetorical agency manifests itself in efforts to "raise the money, buy the television time, register the domain names, build the website, and craft the accessible, user-friendly, spectacular message" (2003, 96).If we recognize Dean's description of the political as an accurate description of the rhetorical situation today, rhetorical studies is left with three strategies: It can refashion a deliberative vision of rhetorical agency into a normative ideal for critiquing the structural conditions (capital, media [End Page 188] concentration) of political participation. Second, it can enlarge the field of normatively acceptable ways and means of political participation, for example, by embracing the more spectacular politics associated with visual and body rhetorics. Finally, rhetorical studies can work on the "demand" side and design new strategies and tactics for activating the rhetorical participation of citizens, for example, by encouraging the creation of communicative norms necessary for reinvigorating voluntary and civic organizations. However, while each of these approaches provides a research agenda, none of them gets at the root cause of the anxiety over agency: the attachment of rhetorical agency to a vision of political change. The anxiety over agency pushes rhetorical critics and theorists into becoming moral entrepreneurs scolding, correcting, and encouraging the body politic to improve the quality and quantity of political participation.The purpose of this paper is to offer an escape route from theorizing rhetorical agency as a model of political communication.1 In opposition to a political-communicative vision of rhetorical agency, this paper suggests a different materialist ontology, one that imagines rhetorical agency as a form of living labor. I will argue that rhetorical agency belongs to the domain of communicative labor, a form of labor increasingly necessary to the workings of contemporary capitalist production. In other words, I want to replace a political-communicative model of rhetorical agency with a materialist-communicative model. To highlight the similarities and differences between the two models, I will focus on how the interface between politics, communication, and economics plays out in the Marxist tradition of rhetorical studies. I will organize this tradition into two sections: the first, represented by James Aune, advocates a hermeneutic approach to rhetorical agency, and the second, represented by Dana Cloud, argues for imagining rhetorical agency as a class-based social movement. By focusing on the work of my comrades, the paper risks being received as a "left sectarian" polemic.2 As I will demonstrate in each section, the problem with these two approaches has less to do with Marxism and more to do with how they turn to hermeneutics and social movements to imagine rhetorical agency in the idiom of communication theory. In the third section of the paper I will resituate rhetorical agency into a materialist ontology of labor and capitalist production. In so... (shrink)

The debate on political constitutionalism has entirely neglected the constitution-making dimension. This is probably due to the fact that constitution-making usually brings with it undesirable outcomes such as the entrenchment of rights or structures. These outcomes do not respect reasonable disagreement among citizens because they violate the only fair system for settling disagreement: majority rule and equal voting rights. This article argues that political constitutionalists may regret the absence of any claim about constitution-making. Either they are overlooking certain problems inherent (...) to the electoral process that is supposed to tackle disagreement or, even worse, they are downplaying the entrenching effect of ordinary political processes by ignoring the redemptive properties of constituent power. In both cases, their claims undermine the political dimension of constitutionalism. (shrink)

Reading 'Capital''s promotion of the Spinozist sources of Marxism has stimulated a series of important studies in several major zones of Marxist theoretical work. A more general reassessment of Spinoza's thought in the project of a 'radical Enlightenement' provides the opportunity to consider critically the contribution of these studies to the elaboration of Marxist political theory. Vittorio Morfino, well known Italian scholar of Spinoza and Althusser, proposes to study Engels's reading of Spinoza in the context of the inheritance of classical (...) German idealism in the Marxist theory of history. He argues that Spinoza provides resources for rethinking Marxist notions of temporality and structure. The result is a theory of conjunctural analysis, in distinction from 'normative' and 'prescriptive' perspectives. (shrink)

The aim of my article is to relate Roberto Esposito’s reflections on Europe to his more recent proposal of instituent thought. I will try to do so by focusing on three theoretical cornerstones of Esposito’s thought: the first concerns the evidence of a link between Europe, philosophy and politics. The second is deconstructive: it highlights the inadequacy of the answers of the most important contemporary ontological-political paradigms to the European crisis, as well as the impossibility of interpreting this crisis through (...) theoretical-political categories such as sovereignty. The third relates more directly to the proposal of a new political ontology, which Esposito defines as instituent thought. Esposito’s discussion of political theology is the central theoretical nucleus of this study. This discussion will focus, in particular, on the category of negation, from which any political ontology that is based on pure affirmativeness or absolute negation is criticized. In his opinion, philosophical theories developed on the basis of these assumptions have proved to be incomplete or ineffective in relation to the current European and global philosophical and political crisis. Esposito therefore perceives the urgent need to propose a line of thought that is neither negatively destituent, nor affirmatively constituent, but instituent, capable of thinking about order through conflict. Provided that we do not think of the institution statically–in a conservative sense–but dynamically, as constant instituting in which conflict can become an instrument of a politics increasingly inspired by justice. (shrink)

More than 30 years after the fall of the soviet block and because of the social and political crisis that have occurred in various places of the world in recent years, there have been important political and academic debates about the meaning of the concept of communism. The current article attempts to contribute theoretically to this discussion by highlighting the different becomings within which communism can be understood in the actual context. Among those are the performative importance of the word (...) “communism” in political and symbolic terms; communism as a process that precedes and modulates capitalist development; communism as a specter and multiplicity; and the relationship of communism with new forms of capitalist exploitation and political subjectivity. (shrink)

The question addressed by this article is whether a form of constituent power exists at the EU level. It is argued that European integration has not suppressed the idea of people as constituent power. Instead, the idea of ‘people’ has been constructed through the discourses of security and rights. Ever since the early stages of European integration, the security and rights discourses have consisted in the articulation of a meta-constitutional rationale, which is here called the ‘security of the European project’, (...) i.e. a form of political morality that is pursued by the EU as a polity over time and aims at its own survival. Security and rights discourses have contributed to constructing two ideas of ‘people-as-constituent-power’. The first idea is that of ‘mobile people’, i.e. people exercising EU free movement rights. The second idea is that of ‘peoples’ in the plural, conceived as States and citizens at the same time. Nevertheless, these discourses are characterised by a certain degree of ambiguity and have been unrolling as if the development of the EU polity was a mere technical, neutral matter. This state of affairs cannot continue: the European project has always been a political project, and, as integration reaches its more advanced stages, the time has come to disclose its political nature and address conflict openly. (shrink)

Radical democratic political theorists have used the concept of constituent power to sketch ambitious models of radical democracy, while many legal scholars deploy it to make sense of the political and legal dynamics of constitutional politics. Its growing popularity notwithstanding, I argue that the concept tends to impede a proper interpretation of civil disobedience, conceived as nonviolent, politically motivated lawbreaking evincing basic respect for law. Contemporary theorists who employ it cannot distinguish between civil disobedience and other related, yet ultimately different, (...) modes of political illegality. The essay also examines Jürgen Habermas’ recent contributions to a theory of mixed or dualistic constituent power, conceding that Habermas avoids many theoretical and political ills plaguing competing radical democratic theoretical retrievals. Nonetheless, Habermas’ attempt to salvage the idea of constituent power as part of... (shrink)

This article explores the powers and potentialities of imaginations of political community at the site of the museum in contemporary South Africa. Taking the District Six Museum and Constitution Hill as the empirical backdrop, I explore the ways in which memorialising practices at these sites bolster or deflate the exaltation of the post-1996 constitutional moment. This argument aligns closely with contemporary discussions by South African constitutional theorists about the role of monumentalism and counter-monumentalism. Indeed, I argue that memorialising techniques employed (...) at the District Six Museum offer a practice of memory-making that resists the fixed and limited boundaries proffered by the new South African constitutional discourse exalted at Constitution Hill. However, my critique does not include a call for a reform of the latter. Instead, I argue that the continuation of monumental memory practices at Constitution Hill, in juxtaposition to counter-monumental practices at District Six, serves a key role in revealing the limits of fixed notions of law and subjectivity in imagining past and future political communities. Drawing on Antonio Negri’s concept of constituent power, I argue that the juxtaposition of monumental and counter-monumental memorial practices exposes the illusion of the division between transcendent Power and immanent power. Finally, I turn to Emilios Christodoulidis’ conception of ‘strategies of rupture’ to consider ways in which this contradiction might be made to ‘persist’ through the site of the museum. Indeed, if the goal is to illuminate the illusion of transcendent power, the juxtaposition of memorialising practices between the two sites may serve as a platform for the truth of constituent power to be realised. (shrink)

McCormick’s book engages with the theoretical and political positions discussed by the Italian philosopher Niccolò Machiavelli about five centuries ago, and, in particular, the creation of the tribunes of the plebs. In ancient Rome, plebeian power had been institutionalised through the creation of tribunes. According to McCormick, a similar institution would offer a legitimate forum for expression to the people in modern democracies. In fact, following Machiavelli’s suggestions, this would contribute to the implementation of a new form of democracy, more (...) respectful of the people and more eager to defend values such as freedom and independence from the influence of the powerful and the rich. In this review, Filippo Del Lucchese comments on McCormick’s book from a Marxist point of view. One of the strongest points of the book is the discussion of the opposition between democracy and republicanism. Over the last decades, the latter has in fact been absorbed into the sphere of influence of the Cambridge School, and neutralised, or at least defused its most interesting and radical aspects. McCormick’s attempt to repoliticise the Machiavellian discourse is indeed praiseworthy, yet, by mainly focusing on the ‘institutionalisation’ of popular power, McCormick fails to discern the most radical elements of Machiavelli’s thought. From this angle, the review discusses McCormick’s use of the category of ‘class’ and offers a different perspective on the revolutionary dimension. (shrink)

This article critically analyzes Antonio Negri's democratic theory by exploring the theoretical significance of a concept that begins to appear in his writings after the 1990s, namely the concept of ‘love’. Negri's turn to love in the closing pages of his most recent books is puzzling, especially given his earlier recourse to notions of antagonistic struggle, direct confrontation and even violence. Using Jacques Derrida's conception of ‘the supplement’ for interpretive purposes, I argue that the concept of love not only enriches (...) Negri's account of democracy, but also points to a lack within his political thought. During the 1970s, as one of the leading figures of autonomist Marxism, Negri called for a radicalization of antagonism and the use of violence to ensure the political organization of the revolutionary subject without giving up on the emancipatory potential of ‘direct and immediate’ action. In his recent writings, Negri has supplemented the notion of ‘love’ for his earlier emphasis on antagonism to address autonomist Marxism's unresolved question of political organization. And yet, this turn to love comes at a price. Negri's understanding of love as the creative force of revolutionary consciousness leads him to erase the process of political contestation and mediation involved in the constitution of political struggles. Love, then, operates as a dangerous supplement, undermining Negri's commitment to multiplicity and diversity as central aspects of his democratic theory. (shrink)

Movements tend to employ instituent practices and to acquire constitutive characteristics when they set up the material foundations of their collective autonomy, i.e. when they establish socially reproductive commons, democratically producing forms of life that respond to basic needs of the participants to the commons. The legal recognition of the sphere of the commons and the freedom of people to share, co-establish and self-regulate whole infrastructures of their social production is therefore not a negligible change but a complete reversal of (...) the logic currently underlying our legal order. It is, therefore, clear that to the end of multiplying and expanding the sphere of the commons we need to invent a new theory of a law of the commons and a hybrid and transitional semi-state ius communis, which will be capable of incorporating the acquis of social movements and receptive to emerging forms of life of the oppressed. (shrink)

Given that the Obama administration still relies on many strategies we would think of as sitting on the side of secrecy, it seems that the only lasting transparency legacy of the Obama administration will be data-driven or e-transparency as exemplified by the web interface ‘data.gov’. As the data-driven transparency model is exported and assumes an ascendant position around the globe, it is imperative that we ask what kind of publics, subjects, and indeed, politics it will produce. Open government data is (...) not just a matter concerning accountability but is seen as a necessary component of the new ‘data economy’. To participate and benefit from this info-capitalist-democracy, the data subject is called upon to be both auditor and entrepreneur. This article explores the implications of responsibilization, outsourcing, and commodification on the contract of representational democracy and asks if there are other forms of transparency that might better resist neoliberal formations and re-politicize the public sphere. (shrink)

Spanish translation of Field, S. L. (2012). 'Democracy and the multitude: Spinoza against Negri'. Theoria: A Journal of Social and Political Theory, 59(131), 21-40. Translated by María Cecilia Padilla and Gonzalo Ricci Cernadas. Negri celebra una concepción de la democracia en la que los poderes concretos de los individuos humanos no se alienan sino que se agregan: una democracia de la multitud. Pero ¿cómo puede actuar la multitud sin alienar el poder de nadie? Para contestar esta dificultad, Negri explícitamente apela (...) a Spinoza. Sin embargo, en este trabajo, sostengo que la filosofía de Spinoza no respalda el proyecto de Negri. Por el contrario, argumento que la multitud spinozista evita la jerarquía interna por medio de la mediación de las instituciones políticas y no a pesar de ellas; de la misma manera, estas instituciones tampoco simplemente emanan de la multitud tal cual es, sino que estructuran, contienen y canalizan sus pasiones. En particular, las instituciones requeridas no son las de la democracia simple y directa. Puede ser que existan otros argumentos no spinozistas en los cuales Negri pueda basar su teoría, pero no puede defender legítimamente su concepción de la multitud democrática apelando a Spinoza. (shrink)

The Italian philosopher Giorgio Agamben’s conception and critique of sovereignty has won him wide and well-deserved acclamation. In this article, however, it is argued that Agamben’s conception of sovereignty is somewhat misplaced, and, as a consequence, his positive political project of developing a ‘destituent power’ is highly deficient in terms of construing a popular and viable political alternative. The critique of Agamben is developed through a close reading of Aristotle’s Politics and his notion of kurion. It is argued that Agamben’s (...) flawed conception of sovereignty reemerges symptomatically in his extremely problematic reading of Aristotle’s Politics, and that a viable political alternative to both Agamben’s own project and the conception of politics that he criticizes can be developed through an alternative and closer reading of Aristotle. (shrink)