This paper will explore the 1948 Universal Declaration of Human Rights as an exemplar of political mythmaking, a genre of narrative designed to channel and thereby to quell social anxiety and to orient select groups toward desirable beliefs and practices. One of the Declaration’s most fundamental and forceful elements is its enshrinement of the “inherent dignity” of each member of the human family. Drawing upon contemporary theorizations of mythmaking and sacralization, this article will elucidate the manner in which inherent dignity (...) functions as the central item of sacredness within what we might call the “secular morality” of universal human rights. (shrink)

Many studies have deduced subterranean dialogues between Hannah Arendt and Carl Schmitt from indirect evidence. This article uses new evidence from marginalia in Arendt’s copy of Nomos of the Earth and finds that she formed, but never published, an incisive critique of Schmitt’s geopolitics. Through an analysis of Arendt’s comments on the topics of soil, conquest, and contract, I show that Arendt deemed Schmitt’s theory to be imperialist and in contradiction with itself. Her reading of Schmitt prompts important new questions (...) regarding the scholarly use of Schmitt’s conception of nomos as a tool of critique against American empire in the post-9/11 era. The marginalia also suggests, against past scholarship, that Arendt thought justice should play a central role in politics. I propose that we look to Arendt’s own conception of nomos, which she developed later, in order to form an alternative geopolitics. Because of her focus on intersubjective world-building, Arendt’s nomos embraces contract and promise-mak... (shrink)

This paper analyzes the reception of decolonial and neo-Marxist thought in a jihadist critique of the modern state. The author argues that a study of Abū Qatāda al-Filisṭīnī, a prominent theorist of modern Jihadism and Salafism, reveals his nuanced interaction with theories of hegemony, ideology, and decolonization. An examination of Abū Qatāda’s critique of modern state institutions and ideology shows that he engages with philosophical critiques of sovereignty, hegemony, capitalism, and the nation-state and utilizes both neo-Marxist and decolonial thought. This (...) paper explores how Abū Qatāda theorizes the modern state as a colonial project, leading him to rationalize jihad, or violent resistance, as the only solution to realize paradigmatic change. It further shows how Abū Qatāda justifies opposition to the modern state and hegemony with seamless deployment of scripture and Islamic jurisprudence and insists that his political project builds on premodern Islamic theories of knowledge and government necessary for decolonization, albeit often without offering details. This study reveals a feature of jihadist thought that has remained largely unnoticed in the literature and is the first to explore the interactions between Salafism and critiques of the modern state. (shrink)

Sixty years before Carl Schmitt wrote his Political Theology, and more than a 100 years before President Bush announced a ‘war on terrorism’ the American Supreme Court grappled with the difficult issue of emergency powers in connection with issues arising out of the American Civil War. The question confronting the Court in a set of cases named the Prize Cases was whether President Lincoln’s decision to respond to acts of aggression by the secessionist Southern states with measures of war was (...) lawful. The legal problem was that Lincoln had made this decision unilaterally although the American Constitution specifically allocates the power to declare war to Congress. The Court solved the dilemma by arguing that in cases where no war has been declared, the decision whether the country is in a state of war is ultimately ‘a question to be decided by him [the President], and [the Supreme] Court must be governed by the decisions and acts of the political department of the Government to which this power was entrusted’. The precedent, which the Court thereby laid down, has since played out as an important leverage for the Bush government’s legal arguments in connection with the war on terrorism. This article engages the theoretical framework of Locke, Schmitt and Agamben in order to come to a better understanding of this important set of cases. (shrink)

The concept of sovereignty is one of the central concepts of modern political philosophy. However, faced with processes of economic globalization as well as legal and political universalism, contemporary political theory struggles to account for the exercise of state power in terms of the traditional understanding of sovereignty. This survey article reviews the most influential conceptualizations of sovereignty in contemporary continental political philosophy. These include Schmitt’s defense of sovereignty and Agamben’s rejection of sovereign politics as well as a number of (...) theoretical attempts to account for the complexities of sovereignty and its adaptation to new political circumstances. (shrink)

Many scholars in recent years have focused their efforts on revealing the connection of philosophy and authority. Basically, from Nietzsche onwards, philosophyhas witnessed ongoing efforts for “will to power” by some philosophers and of course this motivated many philosophers to take part in politics. Nonetheless, thismoot point engendered a serious risk and not only contrasted with the Socratic contributions, but also paved the way for the advent of a new way of making politics where philosophy and scientific prestige are being (...) manipulated following certain interests. By comparing the US and Argentinian climates, this paper explores to what extent philosophy can and must remain independent of politics. Even though one might think of Heidegger as a clear example of this relationship, there are many other philosophers who were interested in politics and committed to political parties. One of the aspects that characterizes this new way of politics is the theatrification of reality, and philosophers are part of this process. To some extent, the prestige given to scholars for their contribution to society is being conferred to some privileged groups to gain more legitimacy, precisely in a world where the classical institutions are gradually declining. (shrink)

Brasil ha participado de manera importante en el movimiento mundial de los derechos humanos que se ha producido durante las últimas décadas. Este país se ha visto fuertemente influido por las tendencias internacionales y por la comunidad transnacional de derechos humanos. En la década de los ochenta del pasado siglo, la dictadura militar que gobernaba en Brasil fue reemplazada por un régimen democrático y, desde entonces, se han creado multitud de instituciones formales para la protección de los derechos humanos. Sin (...) embargo, estas instituciones sólo han cambiado parcialmente las prácticas cotidianas. Lo cual puede comprobarse en el ámbito de las actuaciones policiales, en el que la violencia arbitraria, la corrupción y la ineficacia son lugares comunes. En los últimos años se han producido importantes esfuerzos para transformar la práctica policial; en este terreno, los reformadores también se han visto influidos por los acontecimientos internacionales, y han buscado conjugar la preocupación por la eficacia policial con el respeto de los derechos humanos. (shrink)