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)

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)

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)

While most other works focus on conspiracy theories, this book examines conspiracy panics, or the anxiety over the phenomenon of conspiracy theories. Jack Z. Bratich argues that conspiracy theories are portals into the major social issues defining U.S. and global political culture. These issues include the rise of new technologies, the social function of journalism, U.S. race relations, citizenship and dissent, globalization, biowarfare and biomedicine, and the shifting positions within the Left. Using a Foucauldian governmentality analysis, Bratich maintains that conspiracy (...) panics contribute to a broader political rationality, a (neo)liberal strategy of governing at a distance through the use of reason. He also explores the growing popularity of 9/11 conspiracy research in terms of what he calls the "sphere of legitimate dissensus." Conspiracy Panics concludes that we are witnessing a new fusion of culture and rationality, one that is increasingly shared across the political spectrum. (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)

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)

The work of Hardt and Negri offers the field of education important theoretical resources for reconceptualizing subjectivity as a site of politics. Yet recent shifts on the Left toward more articulated mobilizations, along with the emergence of new decolonizing movements that interrogate the undifferentiated character of the common, partly affirm long-standing critiques of Hardt and Negri’s theses. Rather than rejecting their arguments, we should rethink their central assertions—from the starting point of decolonial theory—in a way that responds to these concerns. (...) We argue that the notion of constituent power grounding their theorization of politics be rethought in dialogue with the ethico-political concept of obediential power ; that the “monstrous” subjectivity they propose as the mode of exodus from given forms of biopolitical production take direction from Wynter’s new Human Project; and that the insurrectionary figure of the multitude be reconsidered alongside the variegated figure of insurgent cosmopolitanism. This rethinking restores to Hardt and Negri’s project a more contextualized and less universalistic theory of politics, and establishes a foundation for a critical pedagogy that, beginning from an accountability to student agency, engages a form of insurgent leadership that responds to the centrality in capitalist education of the historical processes of colonial partition. (shrink)

The concept of the republic is a complex meta-principle that facilitates and conceals global relations of domination. Specifically, it enables the invisibility of racism as the core of political power. From its very origins the concept of republic serves to seize constituent power or politeia. In modernity, as it merges with private property, it will serve as the launchpad of a vast colonization project that then evolves in a new form of power in coloniality. The article applies the theory of (...) the ‘encryption of power’—to decrypt the historical concept of the republic. In doing so, we will demonstrate the key antidemocratic role it has played at the heart of global coloniality. We will bear witness as to how, from within the concept of republic, a refined mechanism of domination raises and expands, conforming the most magnificent and lethal form of power of our times. We exemplify our theory showing that the concept of ‘republic’ is the common thread between the law that abolished slavery in Brazil (known as Lei Aurea) and the 1988 constitution. Within this scope, we propose a vital space of reconsideration of political ontology through radical democracy as the only means to build the world from immanent difference. (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)

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)

Althusser’s Machiavelli and Us has often been considered as the French Marxist’s first step on the path beyond Marxism. This article opposes this interpretation by showing that, while Machiavelli helps Althusser to renounce any attempt to deduce a communist political practice from the necessity portrayed by a theory of history, Althusser was mindful not to identify the relationship between the communist party and the masses with the relationship between the Prince and the people. From a Marxist perspective, a communist political (...) practice must further the autonomous political initiatives of the masses that delineate a tendency towards the withering-away of the state and cannot merge with a practice of governing the people. This is why Marxism must not forsake its theory of history but employ it in the process of the subtraction of the party to its becoming-state by detecting the conditions of impossibility of the duration of a communist political practice. (shrink)

The question ‘what is to be done?’ is most often uttered at moments of great urgency and political crisis. It operates in a divide between theory and practice, when thinking should end, and action must proceed. This article considers how the grammar of this question produces relationships between subjects, action and the future, drawing a relationship between the constituent grammar of the question and Gilles Deleuze and Félix Guattari's notion of the collective assemblage of enunciation. For Deleuze and Guattari, the (...) collective assemblage of enunciation denotes amongst other things an immanent relationship between language and action: a relationship in which politics and language are bound together in a relationship of forces. This approach aims to rethink the urgency and force that is associated with the question through examining and re-proposing the connection between the linguistic organisation of the question and the different forms of political organisation that the question might produce. In so doing, Deleuze and Guattari provide a conceptual and linguistic apparatus for rethinking the plane of political action and organisation. (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)

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)

Reification, a central theme in radical social/political theory from the 1920s onward, has started falling out of fashion since the 1970s, a period when a number of crucial alterations in the compo...

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)

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)

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)

Lenin’s State and Revolution is not only a project for imminent revolutionary policy and not only a legitimization argument for a revolutionary dictatorship, but also a theory of state and theory of democracy. Lenin points at the reduplication of state organs that is inherent in a democratic state. While the Russian revolutionary thinks of this reduplication as something transitory, we today increasingly see it as a durable condition coterminous with the late-modern democratic state. I use Lenin’s treatise as a point (...) of inspiration to briefly characterize my dialectical theory of state. (shrink)

This essay offers a new interpretation of Michael Hardt and Antonio Negri’s landmark work of critical social theory Empire. It develops an account of the politics of exile by situating this political strategy in terms of Hardt and Negri’s claim that it is no longer feasible to confront capitalist power head-on. It attends closely to Hardt and Negri’s account of Empire’s pyramidal structure, and the problems that this structure creates for the multitude’s passage from virtuality to actuality. It criticizes the (...) authors’ assertion that, under Empire, the institutions associated with modernity have become indistinguishable from one another in ‘society of control.’ This essay concludes by theorizing the historicity and power of the university, in an attempt to specify what the democratic self-organization of the multitude, together with its exodus from Empire, might look like. Accordingly, it contends that the production of knowledge and higher education depend upon an idea of absolute value which outstrips the commodity-form, and in so doing, provides an intimation of the multitude passing to the exterior of Empire. (shrink)

This article presents a critical account of Agamben’s understanding of the logic of sovereignty and of the notion bare life, particularly Agamben’s approach to the paradox of sovereignty and its relation to Aristotle’s metaphysical category of potentiality. With regards to bare life, it brings together an analysis of the figure of the homo sacer with an account of Agamben’s use of paradigms as methodological tools. The first part of the paper argues that Agamben ontologises sovereignty by dramatising the paradox of (...) its structure as im-potentiality. The second part claims that even though an account of Agamben’s methodology serves to respond to the different critiques that his notion of bare life has raised, Agamben’s notions of sovereignty and of bare life ultimately rely on Schmitt’s decisionism. El artículo hace un recuento crítico de la forma en que Agamben entiende la lógica de la soberanía y la noción de nuda vida, particularmente su abordaje de la paradoja de la soberanía y su relación con la categoría metafísica aristotélica de la potencialidad. Con respecto a la nuda vida, combina el análisis de la figura del homo sacer con un recuento del uso que hace Agamben de los paradigmas como herramientas metodológicas. En la primera parte del ensayo, se argumenta que Agamben ontologiza la soberanía al dramatizar la paradoja de su estructura como im-potencialidad. En la segunda, se afirma que aunque la descripción de la metodología de Agamben sirve para responder a las diferentes críticas suscitadas por su noción de nuda vida, sus nociones de soberanía y de nuda vida dependen, en última instancia, del decisionismo de Schmitt. Este artigo apresenta a versão crítica do entendimento de Agamben sobre a lógica da soberania e da noção de vida nua. Em particular, a aproximação de Agamben para o paradoxo da soberania e da sua relação com a categoria metafísica da potencialidade de Aristóteles. No que diz respeito à vida nua, reúne uma análise da figura do homo sacer com uma explicação do uso de Agamben de paradigmas como ferramentas metodológicas. Na primeira parte deste artigo, argumenta-se que Agamben ontologiza a soberaniadramatizando o paradoxo de sua estrutura como im-potencialidade. Na segunda parte, será alegado que, apesar de uma explicação da metodologia de Agamben ter servido para responder às diferentes críticas que sua noção de vida nua tenha levantado, em última análise, duas noções da soberania e vida nua de Agamben dependem do "decisionismo schmittiano". (shrink)

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)

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)

This article sets out to offer a new reconceptualisation of the common good as the mechanism providing the temporal coordinates for revolutionary politics. The first section investigates the pairing of commonality and goodness, revealing its nature as a synthesis of apparently irreconcilable opposites. The second section examines how this irreconcilability is overcome, advancing the argument that to heal the divide, a double movement of definition and concealment is necessary, whereby the process of definition of what constitutes the common good is (...) accompanied by an expropriation, or hollowing out, of meaning. The third section offers a proposal for overcoming this epistemological impasse about the nature of the common good, by contrasting chronos and kairós, chronological time and what in English can be translated as ‘opportune time’, and offering kairós as the chance to create, within the fissures of the totalitarianism of chronological time, the timescape for revolutionary politics. This proposal is carried on in the second part of this article, starting with ‘Chronos and Kairós’ section, where the concept of kairós is expanded upon and coupled with the Epicurean and Lucretian idea of the clinamen, the swerve of the atoms that introduces the element of chance against Democritean determinism. With the support of Antonio Negri’s reading of kairós and clinamen, the article argues in ‘Alma Venus: Love, Desire and Revolution’ section that these two concepts provide the spatial and temporal coordinates for revolutionary politics, in tension and critical engagement with Ackerman’s idea of constitutional moments, to conclude in ‘Conclusions: Kairós and Revolutionary Politics’ section, that the common good is to be defined as that which takes place and is identified/identifiable within these coordinates. (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)

This article develops a line of theorising the relationship between peace, war and commerce and does so via conceptualising global juridical relations as a site of contestation over questions of economic and social justice. By sketching aspects of a historical interaction between capitalist accumulation, natural rights and state hegemony, the article offers a critical account of the limits of liberal international law, and attempts to recover some ground for thinking about the emancipatory potential of international law more generally.