When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, marked by the (...) European integration process, but has also been at the very core of legal evolution in Europe throughout its modern history. The introduction of modern law in Europe can be traced back to the eleventh and twelfth century Investiture Conflict between the Church and the Emperor, a conflict which solidified the existence of two parallel universes of law, one Church-based and one empire-based, both of which rested, in principle, upon mutually exclusive claims to superiority, but which nonetheless became institutionally stabilized in a manner which allowed for mutual co-existence between them. The existence of such parallel universes of law has throughout, also in the “Westphalian world”, been a central characteristic of European law. It is suggested that the current constellation between the EU and its Member States should be viewed in this light. (shrink)

This article explores 'statehood' and argues Indus Valley (Harappan) Civilisation was not a state like contemporary Sumer and Egypt were, despite being equally complex - hence calling for revision of the unilineal anthropological model culminating in the state.

In the history of statehood, separatism is a natural phenomenon rather than something unusual. Separatism is mostly perceived as a group’s seeking to separate one part of the territory of a given country from the rest in order to create a new state organism (secessionism) or to unify within one country lands inhabited by people that form a single ethnocultural community (irredentism). Sometimes the idea of separatism serves as a negotiating strategy for a regional group to get from the (...) state authorities benefits that are minor in comparison to territorial separation, e.g., the governance of a regional community within the framework of territorial autonomy, or better conditions for a region’s integration with the rest of the country. It is often the case, especially during a long-lasting intensification of a regional conflict, that separatism becomes the ideological legitimization for the outbreak and continuance of armed conflict, while the conflict itself turns into a way of life for at least some of its initiators and participants. Postcolonial Africa has been and will be experiencing conflicts of a separatist nature. One example of separatism in Africa that is extremely complex and interesting to the researcher in such problems is the conflict that has taken place since 1983 in the Senegalese region of Casamance. (shrink)

This article considers concrete manifestations of the politogenesis multilinearity and the variation of its forms; it analyzes the main causes that determined the politogenetic pathway of a given society. The respective factors include the polity's size, its ecological and social environment. The politogenesis should be never reduced to the only one evolutionary pathway leading to the statehood. The early state formation was only one of many versions of development of complex late archaic social systems. The author designates various complex (...) non-state political systems as early state analogues. The early state analogue posed a real alternative to the state for a rather long period of time, whereas in many ecologically marginal regions they could compete quite seriously with the state sometimes until recently. Thus, it was only in the final count that the state became the leading form of political organization of complex societies. The very pathways to statehood had a few versions. One may group them into two main types: ‘vertical’ and ‘horizontal’. Within the ‘vertical’ model the state formation took place in a direct way, i.e. directly from small pre-state polities to primitive statehood. Within the ‘horizontal’ model we first ob-serve the formation of early state analogues that were quite com-parable to the state as regards their complexity, whereas later those analogues were transformed into states . (shrink)

In Anarchy, State and Utopia, Robert Nozick argues, first, that free-market anarchism is unstable -that it will inevitably lead back to the state; and, second, that without a certain "redistributive" proviso, the model is unjust. If either of these things is the case, the model defeats itself, for its justification purports to be that it provides a morally acceptable alternative to government (and therefore to the state). I argue, against Nozick's contention, that his "dominant protection agency" neither meets his monopoly (...) condition for statehood nor need run afowl of his redistributive requirement. This being the case, his argument against free market anarchism fails. (shrink)

How did the Stoics conceive of a polis and statehood? What happens when these ideas meet different biographies and changing historical environments? To answer these questions, 'The Stoics and the State' combines close philological reading of original source texts and fine-grained conceptual analysis with wide-ranging contextualisation, which is both thematic and diachronic. A systematic account elucidates extant definitions, aspects of statehood (territory, institutions, population and state objectives) and the constitutive function of the common law. The book’s diachronic part (...) investigates how Stoics from Zeno to Marcus Aurelius used their theory of the state to assess particular states, explain the origin of political communities and shape their own political practice. A glimpse at modern adaptations from Justus Lipsius to Martha C. Nussbaum explains the peculiarities of Stoic notions and their basis in a conception of human nature as not only political but essentially sociable and beneficent. (shrink)

What is to be learned from the chaotic downfall of the Weimar Republic and the erosion of European liberal statehood in the interwar period vis-a-vis the ongoing European crisis? This book analyses and explains the recurrent emergence of crises in European societies. It asks how previous crises can inform our understanding of the present crisis. The particular perspective advanced is that these crises not only are economic and social crises, but must also be understood as crises of public power, (...) order and authority. In other words, it argues that substantial challenges to the functional and normative setup of democracy and the rule of law were central to the emergence and the unfolding of these crises. The book draws on and adds to the rich ’crises literature’ developed within the critical theory tradition to outline a conceptual framework for understanding what societal crises are. The central idea is that societal crises represent a discrepancy between the unfolding of social processes and the institutional frameworks that have been established to normatively stabilize such processes. The crises at issue emerged in periods characterized by strong social, economic and technological transformations as well as situations of political upheaval. As such, the crises represented moments where the existing functional and normative grid of society, as embodied in notions of public order and authority, were severely challenged and in many instances undermined. Seen in this perspective, the book reconstructs how crises unfolded, how they were experienced, and what kind of responses the specific crises in question provoked. -/- Table of Contents -/- Introduction: European Crises of Public Power: From Weimar until Today, Poul F. Kjaer & Niklas Olsen / Part I: Semantics, Notions and Narratives of Societal Crisis / 1. What Time Frame Makes Sense for Thinking About Crises?, David Runciman / 2. The Stakes of Crises, Janet Roitman / Part II: Weimar and the Interwar Period: Ideologies of Anti-Modernism and Liberalism / 3. The Crisis of Modernity – Modernity as Crisis: Towards a Typology of Crisis Discourses in Interwar East Central Europe and Beyond, Balázs Trencsényi / 4. European Legitimacy Crisis – Weimar and Today: Rational and Theocratic Authority in the Schmitt-Strauss Exchange, John P. McCormick / 5. Crisis and the Consumer: Reconstructions of Liberalism in Twentieth Century Political Thought , Niklas Olsen / Part III: The Causes of Crises: From Corporatism to Governance / 6. The Constitutionalization of Labour Law and the Crisis of National Democracy , Chris Thornhill / 7. The Crisis in Labour Law: From Weimar to Austerity Ruth Dukes / 8. From the Crisis of Corporatism to the Crisis of Governance, Poul F. Kjaer / Part IV: The Euro and the Crisis of Law and Democracy / 9. What is left of the European Economic Constitution II? From Pyrrhic Victory to Cannae Defeat Christian Joerges / 10. Reflections on Europe’s “Rule of Law Crisis”, Jan-Werner Müller. 11. Democracy under Siege: The Decay of Constitutionalisation and the Crisis of Public Law and Public Opinion, Hauke Brunkhorst/ Part V: The Consequences of Crises and the Future of Europe / 12. Crises and Extra-Legality: From Above and From Below, William E. Scheuermann / 13. “We could all go Down the Road of Lebanon” – Crisis Thinking on the Anti-Muslim Far Right, Mikkel Thorup / 14. Conclusions and Perspectives: The Re-Constitution of Europe, Poul F. Kjaer & Niklas Olsen Index . (shrink)

Section 1 of this article presents a mathematical analysis of the longterm global urbanization dynamics and demonstrates that it could be described as a series of phase transitions between attraction basins. This makes it possible to suggest new approaches to the analysis of global social macroevolution. Section 2 presents a threestage model of the macroevolution of the World System statehood (early – developed – mature state) that, we believe, describes the main features of political macroevolution better than the twostage (...) model proposed by Claessen and Skalník (early – mature state). This model has been used as a basis for the analysis of changes in the development of political structures from the prestate polities and the most primitive early states (and their analogues) till the modern supercomplex states. In this section we also analyze the relationship between the growth of the territory controlled by the World System states and the growth of the statehood complexity. Finally, Section 3 attempts at the detection of the correlation between the global evolution of political structures and global urbanization processes. This study confirms the presence of a system of attraction basins and phase transitions within the World System macroevolutionary development field, as well as the presence of mathematically interpretable correlations and interrelations between the analyzed global processes – political, urbanizing, demographic, technological, and sociostructural. (shrink)

This paper examines 18th-century Annamese Neo-Confucian discourse on conceptual issues related to zhongguo and the hua-yi dichotomy as expressed across a diversity of 18th-century writings. I engage with Huang Chun-chieh’s theory of “contextual turn” and localized subjectivity in 18th-century East Asian Confucianisms by arguing that 18th-century Annamese Neo-Confucianism operated along a dissimilar ideological trajectory which affirmed “geographic China, political China, and cultural China” as a transdynastic and singular zhongguo from which Annam received its politico-cultural legitimation and prestige. This discourse of (...) dependence on institutional recognition and geographical connection to the Chinese zhongguo distinguished 18th-century Annamese literati not only from contemporaneous modes of Confucian intellectuality in Japan and Joseon, but also from foundational conceptions of Vietic statehood characteristic of the early Le dynasty. My analysis of metaphysical theories invoked by 18th-century Annamese literati in their discussions of zhongguo and the rise of human civilization engages with both Huang Chun-chieh’s theory of a philological turn away from the metaphysical commitments in 18th-century East Asian Confucianisms and Alexander Woodside’s theory of pre-modern Vietnamese Confucianism being characterized by a non-metaphysical “classical primordialism.”. (shrink)

This paper explores the question of whether there can be a right to secede from a liberal state by examining the concept of a liberal state and the different forms of liberalism that may be appealed to in order to justify secession. It argues that where the foundations of the state’s legitimacy are conceived in terms of a non-derivative right to self-determination, then secession from a liberal state may be a justified form of action for different types of groups including (...) ‘illiberal’ ones. If, however, a broader definition of political legitimacy is adopted – one that is predicated upon the liberal notions of individual moral autonomy and equality – then the right to independent statehood will generally not include a right to secede from a state that already upholds these principles. Consequently, liberal theorists of secession are forced to choose between particularizing a right of independent statehood to groups trapped in illiberal states, or acknowledging that the right to secede includes a right to establish an ‘illiberal’ state that bestows upon its citizens unequal rights and entitlements other than a right of exit. (shrink)

Inhabitants of low-lying islands flooded due to anthropogenic climate change will lose their territory and thereby their ability to exercise their right to political self-determination. This paper addresses the normative questions which arise when climate change threatens territorial rights. It explores whether the loss of statehood supports a claim to territorial compensation, and if so, how it can be satisfied. The paper concludes that such claims are well founded and that they should be met by providing compensatory territories. After (...) introducing a differentiation between land rights and territorial rights, previous theoretical responses to the problem of sinking islands are criticized. It is argued that states may be required to give up parts of their territory as compensation. The paper develops criteria of sufficiency for compensatory territories and proposes to base their selection process on a negative auction. Since it is unlikely that unsettled compensatory territories that meet the specified requirements are available, the rights of their original inhabitants are discussed. (shrink)

As with terms such as “human rights”, “democracy”, and “equality”, the notion of “freedom” has an emblematic character with highly normative overtones. After the declaration of universal human rights, one might argue that freedom is – at least formally – a universal entitlement belonging to every human being. However, this universalist structure is built upon a conflictual foundation, as the juridico-political meaning of freedom is determined by the boundaries of national citizenship, statehood, and territorial sovereignty. This chapter examines refugeehood (...) as a normal by-product of the post-colonial world order, embodying the counter-history of nation-states whose internal borders, walls, and external fortifications are growingly being militarised and reinforced. Refugeehood represents an anomalous juridico-political condition that cannot be elucidated by colonial-racial binaries such as inclusion versus exclusion or rightlessness versus national citizenship. The central idea of this chapter is that, for refugees, the meaning of freedom and unfreedom are intertwined and should be approached as a dynamic relationship characterising the state of (non)-subjectivity. As political (non)-subjects, refugees call structural determinations of unfreedom into question. Refugees’ freedom is expressed in the act of flight and border crossing, irregular migratory movement, language games of resistance, and other emancipatory signifying practices by which they claim a place of refuge in the world. (shrink)

Afryka postkolonialna była, jest i będzie targana konfliktami o naturze separatystycznej. Najsłynniejsze już próby secesji w Afryce to przypadki Katangi (w latach 1960–1963) oraz Biafry (w latach 1967–1970). Wojna w Erytrei (w latach 1961–1991) to jedyny jak dotąd afrykański konflikt separatystyczny, który skończył się ustanowieniem nowego państwa (1993 rok). Charakter separatystyczny mają również dwa krwawe konflikty w Sudanie Południowym (w latach 1961–1972 i 1983–2005). Od 1975 roku aż do dzisiaj Etiopia zmaga się ze zbrojnym separatyzmem w Ogadenie. Irredentystyczna idea budowy (...) Wielkiej Somalii, tj. zjednoczenia w jednym państwie wszystkich Somalów, leżała u podłoża wojny, jaką w Ogadenie stoczyły ze sobą Etiopia i Somalia w latach 1977–1978. W 1981 roku wybuchł konflikt w północnej Somalii, która w 1991 roku ogłosiła niepodległość jako Somaliland. Choć krajowi temu brakuje uznania międzynarodowego, Somaliland posiada wszelkie inne atrybuty państwa, w przeciwieństwie do pozostającej od lat w stanie upadku Republiki Somalii. To tylko niektóre z, często już historycznych, przykładów zbrojnego separatyzmu na kontynencie afrykańskim – te najbardziej krwawe czy długotrwałe. Zbrojny separatyzm obecny jest jednak współcześnie w wielu innych miejscach Afryki. Prawie każde położone na południe od Sahary państwo tego kontynentu posiada potencjalne warunki do rozwoju separatyzmu. Przebieg niemal wszystkich granic w Afryce został arbitralnie ustanowiony przez mocarstwa kolonialne jeszcze w XIX wieku. Większość granic dzieli jakiś lud na nominalnych obywateli różnych organizmów państwowych. Z drugiej strony w granicach jednego państwa zamieszkuje niejednokrotnie wiele ludów o odmiennym pochodzeniu etnicznym oraz różnej kulturze i wierzeniach. Wieloetniczność i różnorodność kulturowa nie są same w sobie przyczynami dążeń separatystycznych, choć zwykle stanowią dla nich bardzo ważne podłoże. (shrink)