The post-truth regime is a regime in which certain central categories of modernity seem to be inadequate: that of truth as correspondence, that of truth as verification, and that of truth as sincerity. This reflection aims at proposing a shift from the category of truth to the category of legitimacy, in order to rethink those of correctness, objectivity, adequacy. The advantage potentially offered by the concept of legitimacy, with regards to that of truth, has to do with the reference to (...) a given context, with an element of social recognition and a processual dimension, which makes the management of discourses more flexible, without abdicating to their deregulation. (shrink)

What does it mean to act politically? This paper contributes an answer to this question by looking at the role that necessity plays in the political theory of Carl Schmitt. It argues that necessity, whether in the form of existential danger or absolute values, does not affect the sovereign decision, which must be free from normative determinations if it is to be a decision in Schmitt’s sense at all. The paper then provides a reading of Schmitt in line with Weber’s (...) ethics of responsibility, according to which the political actor decides not arbitrarily and irresponsibly, but actively assumes responsibility for the decisions he takes. (shrink)

This article discusses the work of Cornelius Castoriadis, an important political thinker and theorist of democracy. Castoriadis developed not one but two theories of democracy based on two distinct understandings of autonomy. The first is compatible with the key features of representative government; the second is not. Unfortunately, Castoriadis models his interpretation of the idea of popular sovereignty on the second view, thereby concluding, like Rousseau before him, that it is incompatible with representative government. This article discusses both approaches and (...) presents a reinterpretation of political representation and of the idea of popular sovereignty in order to show how they can be made compatible. I argue that the discourse of popular sovereignty and the modern principles of representative government entail one another. (shrink)

This essay examines the concept of sovereign debt in both political‐economic and theological registers. Elaborating the dynamics of monetary economy, I demonstrate how postures of indebtedness characterize the relationship between sovereign power and the governed. While taxation signals the debt of obedience and fealty owed to sovereignty, the monetary circuit reveals that sovereign power exists in a state of indebtedness to the governed. The morally valenced proximity between debt and guilt helps to perpetuate such relations. Tracing these resonances and resemblances (...) in the theological realm, I consider the centrality of debt as a structuring principle in key soteriological traditions within Christian thought. Not only does God appear to uphold debt logic, but God, I claim, becomes identified with debt and marked as a debtor. The divine sovereign as debtor and as enforcing debt provides cues for earthly sovereigns and legitimates cultures of debt. In light of the theopolitical legacy in the West, the mutual influence between theology and the political realm, refiguring this set of influential theological concepts may prove helpful in decentering debt as a governing principle in modern life. (shrink)

The article represents a contribution to the discussions about the basis, motives, and goals of European integration, which were stimulated by the recent “normative turn” in EU studies. My aim in this the article is threefold: By addressing the issue of internal legitimacy of EU decision-making, I wish to show that the European Union is in need of a public “story” of European integration; however, a closer analysis suggests that there is much normative disagreement on values and principles that are (...) supposed to define such “Europeanness”. This is also relevant for the role of Europe on the scene of international or global politics, where the EU aspires to become a leading actor, or is supposed to do so by cosmopolitan-minded authors. Lastly, the text defends the usefulness of the traditional conceptual apparatus of political theory, which which has – in relation to the European integration – in recent times come under attack. (shrink)

Carl Schmitt’s radio broadcast ‘Hegel and Marx’, aired on 13 November 1931, and newly translated here, recapitulates the account of Marxism that Schmitt started to develop in the 1920s. Beginning from Schmitt’s early theory of adjudication inLaw and Judgement, the concepts of decision, representation and the friend/enemy distinction are analysed, connected, and shown to structure Schmitt’s critique of Marxism, both in the broadcast, and in his other writings during this period. Some concluding remarks are offered on the substantive issues Schmitt’s (...) critique raises for Marx’s political theory. (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)

In their efforts to prevent democratic backsliding, militant democrats have traditionally been sympathetic to technocratic arrangements. Does this sympathy imply a logical congruence? Comparing theories of militant democracy and epistemic technocracy (aka epistocracy), I discover a common approach to basic aspects of representative democracy. Both theories see voters as fallible or ignorant instead of capable political agents; and they both understand political parties to be channels of state rule rather than democratic expression. This shared suspicion of grassroots political agency explains (...) why they employ non-democratic means to pursue their goals. But the two theories appear to be also analytically co-extensive. Like militant democrats, epistemic technocrats polemicize antidemocrats inasmuch as the latter are proxies for epistemically foul decision-making. Conversely, militant democrats try to block ‘incorrect’ decisions as long as these lead to democratic subversion, thereby producing a distinct type of militant technocracy. The article ends by drawing the implications of this symbiosis of epistemic and militant democratic ideas for contemporary democratic theory. (shrink)

This article provides a framework for understanding post-truth politics by employing the ideas of Nietzsche and Schmitt. It posits pre-moral and pre-economic guilt and debt, relating human non-self-sufficiency, at the heart of social and political existence and alleges that guilt and debt are the hey bonds that hold human groupings together. Following Schmitt, romantic attitudes to politics are seen as negating this underlying reality, opting instead for escapist fantasy of self-mastery and unlimited creative potential. The author claims that these promises (...) in particular are picked up by post-truth politics, placing the human person and their preconceptions at the heart of the world and handing over to them prime creative power at least as a matter of fantasy. Nevertheless, this escapism merely hides the persistence of guilt and debt. However, despite being an inadequate way of perceiving the world, the post-truth fantasy still constitutes a severe challenge to political bonds. (shrink)

ABSTRACTIn Capitalism, Socialism and Democracy, Schumpeter contrasted his definition of democracy against what he called its “Classical Doctrine.” Received scholarly wisdom holds either that the classical doctrine had no real historical embodiments, or that it is a composite of historical arguments pieced together only so that Schumpeter could knock them down. Arguably, however, Schumpeter actually drew the classical doctrine from a very real source: Carl Schmitt.

In the Preussen contra Reich case of 1932, Carl Schmitt’s theories on equal chance and law in extreme conditions are interpreted and applied in a court of law, firstly by Schmitt himself, then, going contrary to Schmitt’s interpretation, by Dr. Arnold Brecht and Dr. Hans Peters. This paper will first present the basis of the two theories from Schmitt’s “Legality and Legitimacy,” namely, equal chance and the need for extraordinary measures. Then this paper will focus on the diverging legal interpretations (...) of these two theories, as presented in court by different legal theorists. These divergent interpretations of “equal chance” and “law in extreme conditions,” as presented in the aforementioned case, have yet to reach an international readership, as the case itself has never been fully translated into English. Finally, this paper will question the practical application of the two theories in the reality of the empirical world, which in turn question the relationship between any parliamentary legislative system and law. (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)

This article focuses on theoretical reflections on sovereignty and constitutionalism in the context of the globalization and Europeanisation of the nation states, their politics, and legal systems. Starting from a critical assessment of the Kelsen-Schmitt polemic, the author claims that sovereignty needs to be analysed by the sociological method in order to disclose its current structural differentiation. The constitution of society may be imagined as the multitude of self-constituted and functionally differentiated social subsystems. The constitutional pluralism argument subsequently reconceptualizes sovereignty (...) as socially differentiated and divided between specific subsystems. The EU's differentiated constitutional domain and the paradox of divided sovereignty are used as examples of profound structural and semantic changes in contemporary national and transnational societies. While the sovereign nation-state institutions have become marginalized in political structures of European societies, the self-constitutionalization of the functionally differentiated EU legal system proceeds by internalizing the concept of divided sovereignty and using it semantically as its mode of self-reference. (shrink)

Feminist scholars have long debated on a key contradiction in the political theory of Thomas Hobbes: While he sees women as free and equal to men in the state of nature, he postulates their subjection to male rule in the civil state without any apparent explanation. Focusing on Hobbes’s construction of the mother–child relationship, this article suggests that the subjugation of the mother to the father epitomizes the neutralization of the ancient principle of ‘governance’, which he replaces with a novel (...) concept of ‘power’ as formally authorized command. This scrutiny leads to three main conclusions: a radicalization of Pateman’s concept of ‘sexual contract'; the acknowledgement that patriarchy is inseparable from the logic of political authority constructed by Hobbes; and the claim that criticism of patriarchal rule requires an overall problematization of the mainstream conception of political participation we have inherited from modern political science. (shrink)

,is article addresses the relationship between sovereignty, biopolitics and governmentality in the work of Giorgio Agamben, Judith Butler, and Michel Foucault. By unpacking Foucault’s genealogy of modern governmentality, it responds to a criticism leveled against Foucauldian accounts of power for their alleged abandonment of the traditional model of power in juridico-institutional terms in favor of an understanding of power as purely productive. ,is claim has most signi-cantly been developed by Agamben in “Homo Sacer: Sovereign Power and Bare Life”. I argue (...) that Judith Butler’s analysis of power, in particular in her essay “Inde-nite Detention”, presents a more di.erentiated account of power that registers the signi-cance of practices of sovereignty and resonates with Foucault’s lectures on “Security, Territory, Population”. (shrink)

Carl Schmitt, an increasingly influential German law professor, developed a provocative and historically oriented model of “political theology” with specific relevance to legal scholarship and the authorship of constitutional texts. His “political theology” is best understood neither as an expressly theological discourse within constitutional law, nor as a uniquely legal discourse shaped by a hidden theological agenda. Instead, it addresses the possibility of the continual resurfacing of theological ideas and beliefs within legal discourses of, for instance, sovereignty, the force of (...) law and states of emergency (or “exception”) that present themselves as relentlessly secular, even—in the case of Kelsenian jurisprudence—”scientific”. This article illustrates and then critically evaluates Schmitt’s theory in terms of the authorship of constitutional texts in particular. It includes two case studies—genocidal colonial land appropriation and Kelsenian positivism in order to illustrate aspects of his political theology. Whilst Schmitt is defended against reductionist interpretations, I show that there remains considerable unfinished business before a Schmittian approach to legal theory merits full acceptance. (shrink)

Since 9/11, the possibilities for pluralism and tolerance have been severely tested by a discourse of terrorism and security. The development of an intelligent and cosmopolitan understanding between religious communities in Europe and America has been compromised by a range of legal and political responses to terrorism. While the debate about the berqa has clearly indicated the problems relating to Muslim cultural differences, we argue that legal pluralism and in particular the question of Shari’a tribunals may prove to be a (...) more decisive test of Western multiculturalism. This article examines the many criticisms raised against religious arbitration in domestic affairs and considers the presence of the Shari’a at various levels of society, claiming that the evolution of Sharia-mindedness is compatible both with a faith-based life and with liberal ideals. However, the problem with religious courts lies elsewhere, namely with the fragmentation of social life and the erosion of citizenship. The article concludes by examining the prospects and problems of Turkish entry into the European Union with special reference to the domestic policies of the Justice and Development Party. (shrink)