The political philosophy of radical democracy has made innumerable invaluable contributions to theories of democracy. However, while radical democrats tend to focus on the political, a cogent and comprehensive framework of law appropriate to radical democracy has only recently been begun to be developed. Interpreting the vast tradition of radical democracy to be based at least on the fundamental tenets of radical equality, anti-foundationalism, and to a lesser extent conflict, this paper argues that the oft-forgotten work of the American legal (...) philosopher Robert Cover may provide critical resources for a radical democratic theory of law. According to Cover, every agent living under law is embedded, or embeds themselves, within a nomos or normative universe. From this nomos legal texts become imbued with widely different meanings, many of which will be mutually incompatible. Cover’s legal anarchism, moreover, gives way to the argument that no agent or institution has a particularly privileged view of the ‘correct’ law. Accordingly, every legal texts gives rise to a proliferation of normative universes which due to their mutual incompatibility will eventually come into conflict with one another. This paper shows that Cover’s normative commitments are highly congruent with those professed by many radical democrats, and that therefore Cover’s legal philosophy furnishes a fruitful basis on which to further theorise a framework of radical democratic or agonistic law that incorporates struggle while remaining committed to equality and disavowing of any determinate foundations. (shrink)

Joseph Carens develops one of the most prominent cases for open borders in the academic literature on the basis of freedom and equality. Yet the implementation of his social membership theory would mean that immigrants who have not yet lived in a country long enough to become members would be excluded from political and social rights, thus raising the possibility of their domination and subordination by citizens. Given that these problems arise because Carens aims to balance the freedom of individuals (...) with the “claims of belonging” to a political community, can we theorize the relationship between freedom and community differently? French philosopher Jean-Luc Nancy does just that, by showing how to think freedom and community as mutually constitutive. Nancy thus offers the resources for an alternative case for open borders, grounded on the claim that the freedom of community entails openness to the outside. Drawing also on Nancy’s account of the common and of democratic politics, my Nancean argument for open borders challenges Carens’s exclusion of nonmembers from the rights of citizens, emphasizing instead the need for an ongoing political struggle to expand who is eligible to claim rights as well as the scope of the rights themselves. (shrink)

Journal of International Political Theory, Ahead of Print. Joseph Carens develops one of the most prominent cases for open borders in the academic literature on the basis of freedom and equality. Yet the implementation of his social membership theory would mean that immigrants who have not yet lived in a country long enough to become members would be excluded from political and social rights, thus raising the possibility of their domination and subordination by citizens. Given that these problems arise because (...) Carens aims to balance the freedom of individuals with the “claims of belonging” to a political community, can we theorize the relationship between freedom and community differently? French philosopher Jean-Luc Nancy does just that, by showing how to think freedom and community as mutually constitutive. Nancy thus offers the resources for an alternative case for open borders, grounded on the claim that the freedom of community entails openness to the outside. Drawing also on Nancy’s account of the common and of democratic politics, my Nancean argument for open borders challenges Carens’s exclusion of nonmembers from the rights of citizens, emphasizing instead the need for an ongoing political struggle to expand who is eligible to claim rights as well as the scope of the rights themselves. (shrink)

Joseph Carens develops one of the most prominent cases for open borders in the academic literature on the basis of freedom and equality. Yet the implementation of his social membership theory would mean that immigrants who have not yet lived in a country long enough to become members would be excluded from political and social rights, thus raising the possibility of their domination and subordination by citizens. Given that these problems arise because Carens aims to balance the freedom of individuals (...) with the “claims of belonging” to a political community, can we theorize the relationship between freedom and community differently? French philosopher Jean-Luc Nancy does just that, by showing how to think freedom and community as mutually constitutive. Nancy thus offers the resources for an alternative case for open borders, grounded on the claim that the freedom of community entails openness to the outside. Drawing also on Nancy’s account of the common and of democratic politics, my Nancean argument for open borders challenges Carens’s exclusion of nonmembers from the rights of citizens, emphasizing instead the need for an ongoing political struggle to expand who is eligible to claim rights as well as the scope of the rights themselves. (shrink)