I propose a theory of popular power, according to which a political order manifests popular power to the extent it robustly maintains an egalitarian basic structure. There are two parts to the theory. First, the power of a political order lies in the basic structure's robust self-maintenance. Second, the popularity of the political order’s power lies in the equality of relations between the society's members. I will argue that this theory avoids the perverse consequences of some existing radical democratic theories (...) of popular power which focus on mass expression, either in plebiscites or in social movements, as popular power's canonical instances. In particular, my theory does not valourise momentary expression over durable effect, and it offers a ready framework for conceptualising the sometimes-oligarchic substructure of the supposedly canonical instances of popular power. I will show that this theory has strong precedents within a certain republican tradition of political philosophy. (shrink)

Negri celebrates a conception of democracy in which the concrete powers of individual humans are not alienated away, but rather are added together: this is a democracy of the multitude. But how can the multitude act without alienating anyone’s power? To answer this difficulty, Negri explicitly appeals to Spinoza. Nonetheless, in this paper, I argue that Spinoza’s philosophy does not support Negri’s project. I argue that the Spinozist multitude avoids internal hierarchy through the mediation of political institutions and not in (...) spite of them; nor do these institutions merely emanate from the multitude as it is, but rather they structure, restrain and channel its passions. In particular, the required institutions are not those of a simple direct democracy. There may be other non-Spinozist arguments on which Negri can ground his theory, but he cannot legitimately defend his conception of the democratic multitude by appeal to Spinoza. (shrink)

In this paper Jane Mansbridge reflects upon the role of resistance in democracy. Resistance “can cause inaction by focusing on stopping, rather than using, coercion.”’ Instead we should increase the legitimacy of democratic action and in that manner further the possibility of sanction through coercion. An improvement of democratic institutions and of the procedures of deliberation, which makes room for citizen input, would also make for a more efficacious and organized resistance, when necessary.

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)

In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a (...) parliament. I cite two reasons for such a conclusion. The primary reason for my conclusion is that I see primary legislation as being an output of a particular subsystem of society, while the law is the output of another subsystem of society. I argue that these outputs are the discrete products of separate subsystems of society. I argue that primary legislation should be viewed as a trinity. The first state of this trinity is that, upon enactment, primary legislation is a brute fact in that it is but a thing and the only property of this thing is that of being a text. The second state of this trinity is that following the act of enactment, the thing enacted will be reproduced and this reproduction is a separate thing that will sit in some repository until used. The third state of this trinity is that, upon use, this thing that is primary legislation will be transformed into an object and the user will attribute such functions and attributes to that object as are appropriate to the context within which the object is used. The thing has therefore become an object and an institutional fact. The second reason for my conclusion that primary legislation is not a law relates to the fact that the thing that is primary legislation is a text and the only function of a text is that it is available to be read. That is to say, of itself, a text is incapable of doing anything: it is the reader who defines the status of the text and attributes functions and attributes. Upon use, primary legislation thus becomes a censored input for future action and one of these actions may be some statement by a court of law. I assert that the view of primary legislation that has been accepted within the body politic is the product of the discourse of a particular subsystem of society that I have designated 'the legal practice', and I outline why and how this has occurred. Outlining a view about primary legislation also necessitates outlining a view as to the nature of the law. I assert that the law is a myth and I see this myth as a product of the discourse of the legal practice. I have asserted that although it is the judges that state the law, such statements flow from the discourse of those who practise the law. (shrink)

What kind of polity is justified by classic Confucian values? Adopting an interpretive approach, this paper explores the idea of leadership democracy being expressive of classic Confucian values by first introducing the models of leadership democracy associated with Weber and Schumpeter and second connecting Confucian elitist values to them. I argue that leadership democracy best realizes the Confucian emphasis on the people as the source of legitimacy and the ruler as the engine of good governance. The Confucian idea of people-rootedness (...) is borne out by citizens behaving as democratic plebeians who are empowered to choose their leader but devoid of moral and intellectual capabilities for collective decision-making. The Confucian idea of rulership is expressed by democratic leaders displaying competent statesmanship and compensating for intra-elite tensions within the Confucian tradition. (shrink)

Recent studies of peacebuilding highlight the importance of attending to people’s local experiences of conflict and cooperation. This trend, however, raises the fundamental questions of how the local is and should be constituted and what the relationship is between institutions and individual actors of peace at the local level of politics. I turn to Hannah Arendt’s thoughts to address these issues. Arendt’s thinking provides a distinctive form of realism that calls for stable institutions but never depletes the spirit of resistance. (...) Peacebuilding guided by this insight seeks to enable parties in conflict to voice their competing opinions by acting agonistically in public and to help them align their disruptive yet creative voices with a desire to establish and sustain common institutions. Thus, Arendt’s thinking not only offers a way to increase sensitivity to local differences but also to provide direction to the politics of resistance. In the end, it offers a balanced insight into peacebuilding and local agency beyond the contemporary liberal and critical approaches to peace. (shrink)