Philosophy & Social Criticism, Volume 48, Issue 1, Page 128-150, January 2022. In this article, I engage with what relevant literature addresses as the ‘paradox of democracy’ and trace it back to the dialectic between authorization and representation established by social contract theories. To make my argument, I take Rousseau’s Social Contract as a paradigmatic example of the paradox and analyse it in light of Hegel’s critical response. My aim is to show that, although Rousseau rejects the idea of representing (...) the popular will, representation resurfaces in his Republic from top to bottom and engenders a structural opposition between citizens and rulers: drawing on the Hegelian scrutiny of contractarianism, I focus on three key moments in Rousseau’s theory, namely the Lawgiver, the majority rule and the executive power. After illustrating how the social contract undermines democratic participation in deliberative processes, I suggest that Hegel’s philosophy of right overcomes the paradox by positively assuming it as a dialectical contradiction that requires a specific constitutional approach to democracy. In this sense, I argue, the Hegelian perspective on democratic deliberation helps us to better frame Rousseau’s ambition to conceive the Republic as a free community of equals and urges us to elaborate a more coherent understanding of participation in a pluralistic society. (shrink)

Models of idealistic societies pervade the history of political thought from ancient times to the present. How can these models contribute to our thinking about political life in our non-ideal world? Not, as many political theorists have hoped, by performing a normative function -- by giving us reasons to accept particular political principles for the purpose of regulating our thought and behavior. Even still, idealistic models can sharpen our thinking about politics by performing a conceptual function -- by helping us (...) clarify and interpret the concepts we use to describe and evaluate political behavior and institutions. These insights point to a more incisive and judicious approach to political inquiry, in which explanatory and normative modes of thought are tightly intertwined. (The manuscript is under review. I have uploaded the table of contents, chapters 1 and 2, and the bibliography. Chapter summaries are available from my website.). (shrink)

Even though revolutions are central to the history of modern constitutionalism, some revolutions have invited more attention than others. This essay, a response to a symposium on India’s Founding Moment, underlines the significance of India’s constitutional founding and highlights ways in which India’s founders sought to create and develop democracy in a land where its supposed ingredients did not exist. The essay then turns to contemporary politics and considers the possibilities and limitations of the constitutional framework to address the current (...) concerns over democratic backsliding in India. (shrink)

In this article, I engage with what relevant literature addresses as the ‘paradox of democracy’ and trace it back to the dialectic between authorization and representation established by social contract theories. To make my argument, I take Rousseau’s Social Contract as a paradigmatic example of the paradox and analyse it in light of Hegel’s critical response. My aim is to show that, although Rousseau rejects the idea of representing the popular will, representation resurfaces in his Republic from top to bottom (...) and engenders a structural opposition between citizens and rulers: drawing on the Hegelian scrutiny of contractarianism, I focus on three key moments in Rousseau’s theory, namely the Lawgiver, the majority rule and the executive power. After illustrating how the social contract undermines democratic participation in deliberative processes, I suggest that Hegel’s philosophy of right overcomes the paradox by positively assuming it as a dialectical contradiction that requires a specific constitutional approach to democracy. In this sense, I argue, the Hegelian perspective on democratic deliberation helps us to better frame Rousseau’s ambition to conceive the Republic as a free community of equals and urges us to elaborate a more coherent understanding of participation in a pluralistic society. (shrink)

In this essay, I make the interpretive claim that we cannot properly understand the Federalist without appreciating the extent to which the papers mount a sustained rejection of extra-constitutional democracy—practices in which people aim to assert authority over the terms of common life in ways that are not sanctioned by existing laws. I survey such practices, which were common in America before and after the Revolution. I argue that there is continuity between Publius’s justification for rejecting extra-constitutional democracy and his (...) justification for his preferred system against constitutional alternatives. Adequate analysis and evaluation of the Federalist’s arguments about faction, representation, and institutional design require attention to the double duty the arguments play against constitutional and extra-constitutional opposition. This interpretive argument supports several analytic and evaluative conclusions. First, we must distinguish a new form of “non-hierarchical dualist” constitutionalism, according to which irregular democratic activity need not be limited to extraordinary “constitutional moments” or revolutions. Second, the politically egalitarian character of procedures depends not on the procedures alone, but how the maintenance of such procedures limits other forms of democratic practice. Third, the argument suggests a novel defense of “uncivil” disobedient politics: one grounded not in contributions to democratic deliberation, but in the entitlements of citizens to direct assertions of authority over common life. (shrink)

ABSTRACTFor the Scottish Enlightenment thinker Adam Ferguson and many of his time, the history of the Roman Republic furnished the best case study for discussions of internal threats to a mixed system of government. These included factionalism, popular discontent, and the rise of demagogues seeking to concentrate power in their own hands. Ferguson has sometimes been interpreted as a ‘Machiavellian’ who celebrated the legacy of Rome and in particular the value of civic discord. By contrast, this article argues that he (...) is better understood as a disciple of Montesquieu, who viewed Rome as an anachronistic and dangerous ideal in the eighteenth century, the era of the civilized and commercial monarchy. The greatest fear of Ferguson was military despotism, which he believed was the likely outcome of democratic chaos produced by the levelling instincts of the ‘common’ people and demagogues prepared to harness their discontent. In such a scenario, a legitimate order in a mixed government would be turned into a faction putting the constitutional balance at risk, undermining intermediary powers, and ending liberty for all. (shrink)

In his posthumously published lectures, Politics in Commercial Society, István Hont argues that Jean-Jacques Rousseau and Adam Smith should be understood as theorists of commercial society. This article challenges Hont’s interpretation of both thinkers and shows that some of his key claims depend on conflating the terms ‘commercial society’ and ‘commercial sociability’. I argue that, for Smith, commercial society should not be defined in terms of the moral psychology of commercial sociability, before questioning Hont’s Epicurean interpretation of Smith’s theory of (...) sociability. I then turn to Rousseau and outline some of the difficulties involved with classifying him as a theorist of commercial society, the most important of which is that he often appeared to be more deeply opposed to commercial progress than Hont suggests. I conclude by highlighting some of the most salient differences between Rousseau’s and Smith’s views of the politics of eighteenth-century Europe. (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)

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)

Power and leadership are typically theorized as exercises of sovereignty in the western tradition of thought. This essay takes up Michel Foucault’s challenge to escape the ‘spell of monarchy’ in our thinking in order to move beyond sovereign models of power. Interdisciplinary scholarship on complex adaptive systems provides fertile ground for this endeavor, illustrating the dynamics of post-sovereign power and opportunities for post-sovereign leadership. Viewing human organizations as complex adaptive systems helps us to theorize leadership without over-simplifying its nature or (...) exaggerating its potential. It also undermines the prevailing identification of sovereign power as the only antidote for anarchy. (shrink)