Rousseau on the People as Legislative Gatekeepers, Not Framers

2005 ◽  
Vol 99 (1) ◽  
pp. 145-151 ◽  
Author(s):  
ETHAN PUTTERMAN
Keyword(s):  
Political Theory ◽  
Agenda Setting ◽  
The Political ◽  
Ideal State ◽  
The People ◽  
The Will ◽  
The Subject

Who drafts the laws in Rousseau's ideal state? According to John T. Scott it is the people alone who execute this function and Rousseau “does not positively argue that commissaires, magistrates, or anyone else has the power to propose laws.” Challenging this view, I argue that the philosopher's varied statements on the subject of lawgiving can be shown to establish merely a right by the people to participate in agenda-setting by others. Rousseau believes that the laws must reflect the will of the people but not necessarily through their physical writing, drafting, or framing of constitutional legislation. More important than popular agenda-setting is the majority's freedom to check those who do draft the laws. Amending my earlier argument that the sovereign is barred from legislating, I reveal how Rousseau's notion of self-legislation as “gatekeeping,” rather than agenda-setting, is central to the political theory and institutions of Du contrat social.

On the Will of the People: Notes on the Political “Theory” of Populism

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Claus Offe
Keyword(s):  
Ethnic Identity ◽  
Political Theory ◽  
Conflicts Of Interest ◽  
Political Rhetoric ◽  
The Political ◽  
The People ◽  
National People ◽  
The Will

The “will of the (national) people” is the ubiquitously invoked reference unit of populist politics. The essay tries to demystify the notion that such will can be conceived of as a unique and unified substance deriving from collective ethnic identity. Arguably, all political theory is concerned with arguing for ways by which citizens can make e pluribus unum—for example, by coming to agree on procedures and institutions by which conflicts of interest and ideas can be settled according to standards of fairness. It is argued that populists in their political rhetoric and practice typically try to circumvent the burden of such argument and proof. Instead, they appeal to the notion of some preexisting existential unity of the people’s will, which they can redeem only through practices of repression and exclusion.

scholarly journals Political Theory of Populism

2019 ◽  
Vol 22 (1) ◽  
pp. 111-127 ◽  
Author(s):  
Nadia Urbinati
Keyword(s):  
Political Culture ◽  
Political Theory ◽  
Popular Sovereignty ◽  
The Political ◽  
Representative Government ◽  
Constitutional Democracy ◽  
The People ◽  
Democratic Societies ◽  
Democratic Principles

Populism is the name of a global phenomenon whose definitional precariousness is proverbial. It resists generalizations and makes scholars of politics comparativist by necessity, as its language and content are imbued with the political culture of the society in which it arises. A rich body of socio-historical analyses allows us to situate populism within the global phenomenon called democracy, as its ideological core is nourished by the two main entities—the nation and the people—that have fleshed out popular sovereignty in the age of democratization. Populism consists in a transmutation of the democratic principles of the majority and the people in a way that is meant to celebrate one subset of the people as opposed to another, through a leader embodying it and an audience legitimizing it. This may make populism collide with constitutional democracy, even if its main tenets are embedded in the democratic universe of meanings and language. In this article, I illustrate the context-based character of populism and how its cyclical appearances reflect the forms of representative government. I review the main contemporary interpretations of the concept and argue that some basic agreement now exists on populism's rhetorical character and its strategy for achieving power in democratic societies. Finally, I sketch the main characteristics of populism in power and explain how it tends to transform the fundamentals of democracy: the people and the majority, elections, and representation.

scholarly journals The Pitfalls of “Love and Kindness”: On the Challenges to Compassion/Pity as a Political Emotion

2018 ◽  
Vol 6 (4) ◽  
pp. 53-61 ◽  
Author(s):  
Anne-Kathrin Weber
Keyword(s):  
Social Justice ◽  
Political Theory ◽  
Presidential Election ◽  
Democratic Theory ◽  
The Political ◽  
Election Campaign ◽  
The Subject ◽  
Political Realm ◽  
Presidential Election Campaign

Martha Nussbaum’s political theory of compassion offers an extensive and compelling study of the potential of employing compassionate emotions in the political realm to further social justice and societal “love”. In this article, two pitfalls of Nussbaum’s affirming theory of a politics of compassion are highlighted: the problem of a dual-level hierarchisation and the “magic” of feeling compassion that potentially removes the subject of compassion from reality. I will argue that Hannah Arendt’s thoughts on pity provide substantial challenges to a democratic theory of compassion in this respect. Following these theoretical reflections, I will turn to Hillary Clinton’s 2016 US-American presidential election campaign, to her video ads “Love and Kindness” in particular, in order to provide fitting illustrations from current realpolitik for these specific pitfalls of the political employment of compassionate emotions.

Laws, Liberties, and the Will of the People

2021 ◽  
pp. 155-177
Author(s):  
Sarah Mortimer
Keyword(s):  
The Netherlands ◽  
Natural Law ◽  
Popular Sovereignty ◽  
The Political ◽  
Dutch Revolt ◽  
Development Of Resistance ◽  
The People ◽  
The Will ◽  
Role Of Religion

From the 1560s, tensions between Protestant and Catholics escalated and this was accompanied by a wave of writing on political and religious ideas, especially in France and the Netherlands. There was a renewed interest in the nature and origins of authority within the political sphere, particularly the importance of the ‘people’ and the ways in which their will could be both represented and controlled. This chapter considers some of the key texts of resistance theory written in the 1560s and 1570s, including Francogallia and the Vindiciae, Contra Tyrannos in France, and George Buchanan’s De Jure Regni apud Scotos in Scotland. Discussions of liberty and privileges in the Netherlands during the Dutch Revolt are also considered; here historically based arguments began to be supplemented by appeals to wider principles of morality and natural law. The election of Henry of Valois to the Polish throne provides one example of elective monarchy in practice. This chapter discusses the role of religion and of legal arguments in the development of resistance theories. It also highlights some of the practical and conceptual difficulties in appealing to popular sovereignty, especially in a period of deep confessional divisions, and shows how the authority of magistrates could be understood in different ways.

The People: Ethnoracial Configurations, Old and New

2020 ◽  
pp. 79-96
Author(s):  
Leila Brännström
Keyword(s):  
Western Europe ◽  
Northern Europe ◽  
The Political ◽  
Right Wing ◽  
The People ◽  
Political Forces ◽  
The Subject ◽  
Political Association ◽  
The Relationship ◽  
Point Of Departure

In recent years the Sweden Democrats have championed a clarification of the identity of the ‘the people’ in the Instrument of government. The reference, they argue, should be to the ethnic group of Swedes. This chapter will take this ambition to fix the subject of popular sovereignty as the point of departure for discussing some of the ways in which the contemporary anti-foreigner political forces of Northern and Western Europe imagine ‘the people’ and identify their allies and enemies within and beyond state borders. To set the stage for this exploration the chapter will start by looking at Carl Schmitt’s ideas about political friendship, and more specifically the way he imagines the relationship between ‘us’ in a political and constitutional sense and ‘the people’ in national and ethnoracial terms. The choice to begin with Schmitt is not arbitrary. His thoughts about the nature of the political association have found their way into the discourse of many radical right-wing parties of Western and Northern Europe.

Comunero Politics and the King’s Justice

2019 ◽  
pp. 145-166
Author(s):  
S. Elizabeth Penry
Keyword(s):  
Political Philosophy ◽  
Political Theory ◽  
The Political ◽  
The People ◽  
The Town

In 1774, a mob of commoner Andeans in one town in the viceroyalty of Peru attacked and killed their cacique, claiming that no person could be held responsible because the común, the community of commoners, had done it. The political theory was simple: if the cacique is good, he should be obeyed, but if he is a tyrant, if he does not serve justice, the people of the community have a right to overthrow him. A synthesis of pre-Columbian practices, religious teachings, and Spanish political philosophy, it was taught by officers in the cabildo and cofradías of the town. Also known as the rey común, Andeans defined it as “the ayllus together.” In testimony and written petitions, comuneros defended their right to overthrow their cacique, while professing loyalty to the Crown by paying tribute and serving mita. This idea of commoner self-government spread to other indigenous towns.

The Development and Formation of International Law

1912 ◽  
Vol 6 (1) ◽  
pp. 1-29 ◽  
Author(s):  
Ernest Nys
Keyword(s):  
International Law ◽  
The Political ◽  
Human Reason ◽  
The Earth ◽  
The People ◽  
The Subject ◽  
The Republic ◽  
Civil Laws

“Law in general,” says Montesquieu, “is human reason so far as it controls all the people of the earth, and the political and civil laws of each nation can only be considered as individual cases in which this human reason is applied.” Reason was held by the Romans to constitute one of the fundamental elements of law. Cicero announced the existence of “a veritable law, true reason (recta ratio), in conformity with nature, universal, immutable and eternal, the commands of which constitute a call to duty and the prohibitions of which avert evil.”It is at present unnecessary to consider what influence the Stoic, Academic and Epicurean doctrines had on Roman jurisprudence, and it would be risky to support as absolutely final any view which might be expressed on the subject. During the last phases of the Republic there had already come to exist in the world’s capital a fusion of the different schools of philosophy; and traces of the Platonic teachings constantly appear in the expression of the great orator’s lofty thought.

The Institutions of Deliberative Democracy

2000 ◽  
Vol 17 (1) ◽  
pp. 181-202 ◽  
Author(s):  
William Nelson
Keyword(s):  
Deliberative Democracy ◽  
Political Process ◽  
The Political ◽  
Democratic Process ◽  
Current Interest ◽  
Democratic Institutions ◽  
Men And Women ◽  
The People ◽  
The Will ◽  
Over Time

A theory of democratic institutions should provide us with a coherent combination of definition and justification. It should explain how it defines democratic institutions and also how they will or should function; but it also should explain why democracy, so understood, is desirable. We are all familiar with stories about the fiscal excesses to which democracies are prone, stories about the ignorance of voters, and stories about the venality of legislators. Some of us may also be suspicious of concepts such as “consent” or “the will of the people” associated with traditional arguments for democracy. Against this background, the current interest in deliberative democracy seems promising. This conception of democracy does not rely, for example, on the idea of rational and knowledgeable voters satisfying preferences they have independent of the political process. Nor does it rely on any notion of an independent popular will. Instead, it offers a picture of the democratic process as one in which men and women engage in constructive discussion, seeking a principled resolution of their differences and developing, over time, a conception of the terms on which they will live with one another.

The People, Rhetoric, and Affect: On the Political Force of Du Bois'sThe Souls of Black Folk

2012 ◽  
Vol 106 (1) ◽  
pp. 188-203 ◽  
Author(s):  
MELVIN L. ROGERS
Keyword(s):  
Political Theory ◽  
The Other ◽  
The Political ◽  
Emotional States ◽  
Black Folk ◽  
The People ◽  
The Status ◽  
Souls Of Black Folk ◽  
Racial Lines ◽  
The One

In recent decades, the concept of “the people” has received sustained theoretical attention. Unfortunately, political theorists have said very little about its explicit or implicit use in thinking about the expansion of the American polity along racial lines. The purpose of this article in taking up this issue is twofold: first, to provide a substantive account of the meaning of “the people”—what I call its descriptive and aspirational dimensions—and second, to use that description as a framework for understanding the rhetorical character of W.E.B. Du Bois's classic work,The Souls of Black Folk, and its relationship to what one might call the cognitive–affective dimension of judgment. In doing so, I argue that as a work of political theory,Soulsdraws a connection between rhetoric, on the one hand, and emotional states such as sympathy and shame, on the other, to enlarge America's political and ethical imagination regarding the status of African-Americans.

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