Between Scylla and Charybdis?

2021 ◽  
Vol 44 (3) ◽  
pp. 429-453
Author(s):  
Mathieu Ferradou

Abstract In 1792 foreigners flocked to France to participate in the new republican regime, redefining the nation as the conduct of popular sovereignty. A number of American, British, and Irish foreigners formed a club in Paris, the Society of the Friends of the Rights of Man (Société des Amis des Droits de l'Homme), among whom Irish republicans were a key component. Eager to “revolutionize” Britain and Ireland, they contributed to the rise in tensions and, ultimately, to the outbreak of war between France and Britain. The author argues that these Irish, because of their colonial experience, were a crucial factor in the redefinition of and opposition between British imperial and French republican models of nation and citizenship. Their defense of a cosmopolitan citizenship ideal was violently rejected in Britain and was severely tested by the “Terror” in France. En 1792, de nombreux étrangers vinrent en France pour participer à l’élaboration du nouveau régime républicain, redéfinissant la nation comme le vecteur de la souveraineté populaire. Plusieurs Américains, Anglais, Irlandais et Ecossais formèrent un club à Paris, la Société des amis des droits de l'homme (SADH), parmi lesquels les Irlandais furent une composante clé. Désireux de « révolutionner » la Grande-Bretagne et l'Irlande, ils contribuèrent à la montée des tensions et à l’éclatement du conflit entre la France et la Grande-Bretagne. Cet article cherche à démontrer que ces Irlandais, du fait de leur expérience coloniale, jouèrent un rôle central dans la redéfinition et l'opposition entre le modèle impérial britannique et le modèle français républicain de la nation et de la citoyenneté. Leur défense d'un idéal cosmopolite de citoyenneté suscita un violent rejet en Grande-Bretagne et fut mise à rude épreuve pendant la « Terreur » en France.

Author(s):  
Leif Wenar

Article 1 of both of the major human rights covenants declares that the people of each country “shall freely dispose of their natural wealth and resources.” This chapter considers what conditions would have to hold for the people of a country to exercise this right—and why public accountability over natural resources is the only realistic solution to the “resource curse,” which makes resource-rich countries more prone to authoritarianism, civil conflict, and large-scale corruption. It also discusses why cosmopolitans, who have often been highly critical of prerogatives of state sovereignty, have good reason to endorse popular sovereignty over natural resources. Those who hope for more cosmopolitan institutions should see strengthening popular resource sovereignty as the most responsible path to achieving their own goals.


Author(s):  
Miguel Vatter

The ‘return of religion’ in the public sphere and the emergence of postsecular societies have propelled the discourse of political theology into the centre of contemporary democratic theory. This situation calls forth the question addressed in this book: Is a democratic political theology possible? Carl Schmitt first developed the idea of the Christian theological foundations of modern legal and political concepts in order to criticize the secular basis of liberal democracy. He employed political theology to argue for the continued legitimacy of the absolute sovereignty of the state against the claims raised by pluralist and globalized civil society. This book shows how, after Schmitt, some of the main political theorists of the 20th century, from Jacques Maritain to Jürgen Habermas, sought to establish an affirmative connection between Christian political theology, popular sovereignty, and the legitimacy of democratic government. In so doing, the political representation of God in the world was no longer placed in the hands of hierarchical and sovereign lieutenants (Church, Empire, Nation), but in a series of democratic institutions, practices and conceptions like direct representation, constitutionalism, universal human rights, and public reason that reject the primacy of sovereignty.


Author(s):  
Chris Armstrong

This chapter examines the idea that our priority ought to be to reform the international trade in resources so as to deliver on popular resource sovereignty, and to deliver upon an ideal of ‘public accountability’ in resource sales. It suggests that ‘accountability’ reforms have some promise, but cannot be considered a replacement for more ambitious egalitarian reforms. Indeed, it shows that we have reason to be cautious about those reforms, in light of their likely effects. It also shows that public accountability and popular sovereignty are not unambiguously enshrined in international law. This reduces the supposed pragmatic advantage of accountability reforms, and their purported superiority over more ambitious egalitarian reforms.


Author(s):  
Jean L. Cohen

We typically associate sovereignty with the modern state, and the coincidence of worldly powers of political rule, public authority, legitimacy, and jurisdiction with territorially delimited state authority. We are now also used to referencing liberal principles of justice, social-democratic ideals of fairness, republican conceptions of non-domination, and democratic ideas of popular sovereignty (democratic constitutionalism) for the standards that constitute, guide, limit, and legitimate the sovereign exercise of public power. This chapter addresses an important challenge to these principles: the re-emergence of theories and claims to jurisdictional/political pluralism on behalf of non-state ‘nomos groups’ within well-established liberal democratic polities. The purpose of this chapter is to preserve the key achievements of democratic constitutionalism and apply them to every level on which public power, rule, and/or domination is exercised.


Author(s):  
Zoran Oklopcic

As the final chapter of the book, Chapter 10 confronts the limits of an imagination that is constitutional and constituent, as well as (e)utopian—oriented towards concrete visions of a better life. In doing so, the chapter confronts the role of Square, Triangle, and Circle—which subtly affect the way we think about legal hierarchy, popular sovereignty, and collective self-government. Building on that discussion, the chapter confronts the relationship between circularity, transparency, and iconography of ‘paradoxical’ origins of democratic constitutions. These representations are part of a broader morphology of imaginative obstacles that stand in the way of a more expansive constituent imagination. The second part of the chapter focuses on the most important five—Anathema, Nebula, Utopia, Aporia, and Tabula—and closes with the discussion of Ernst Bloch’s ‘wishful images’ and the ways in which manifold ‘diagrams of hope and purpose’ beyond the people may help make them attractive again.


Author(s):  
Hermann Heller

This 1927 work addresses the paradox of sovereignty, that is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt who seek to dissolve the paradox, this text sees the tensions that the paradox highlights as an essential part of a society ruled by law. Sovereignty, in the sense of national sovereignty, is often perceived in liberal democracies today as being under threat, or at least “in transition,” as power devolves from nation states to international bodies. This threat to national sovereignty is at the same time considered a threat to a different idea of sovereignty, popular sovereignty—the sovereignty of “the people”—as important decisions seem increasingly to be made by institutions outside of a country’s political system or by elite-dominated institutions within. This text was written in 1927 amidst the very similar tensions of the Weimar Republic. In an exploration of history, constitutional and political theory, and international law, it shows that democrats must defend a legal idea of sovereignty suitable for a pluralistic world.


Author(s):  
Kenneth Owen

Political Community in Revolutionary Pennsylvania challenges the ways we understand popular sovereignty in the American Revolution, demonstrating how ordinary citizens wielded significant political power. Previous histories place undue focus on either elite political thought or class analysis; on the contrary, citizens cared most about the establishment of a representative, publicly legitimate political process. Popular activism constrained leaders, creating a system through which governmental actions were made more representative of the will of the community. This book analyzes developments in Pennsylvania from 1774, and the passage of the Intolerable Acts, through to 1800 and the election of Thomas Jefferson. It examines the animating philosophy of the Pennsylvania state constitution of 1776, a “radical manifesto” espousing a vision of popular sovereignty in which government was devolved from the people only where necessary. The legitimacy of governmental institutions rested on their demonstration that they operated through popular consent, expressed in a variety of forms of popular mobilization. This book examines how early Americans interacted with the power structures shaping the world in which they lived, recasting the nature of the American Revolution and illuminating the origins of modern American political practice. It investigates how political mobilization operated inside and outside formal channels of government. Mechanisms of popular mobilization helped a diverse population mediate with governmental institutions, providing the foundation of early American power. Histories that ignore this relationship miss one of the most significant founding characteristics of the United States—the importance of popular politics and democratic practice in the establishment of American government.


Author(s):  
Holly Lawford-Smith

Given their size and influence, states are able to inflict harm far beyond the reach of a single individual. But there is a great deal of unclarity about exactly who is implicated in that kind of harm, and how we should think about both culpability and responsibility for it. The idea of popular sovereignty is dominant in classical political theory. It is a commonplace assumption that democratic publics both authorize and have control over what their states do; that their states act in their name and on their behalf. Not In Their Name approaches these assumptions from the perspective of social metaphysics, asking whether the state is a collective agent, and whether ordinary citizens are members of that agent. If it is, and they are, there is a clear case for democratic collective culpability. The book explores alternative conceptions of the state and of membership in the state; alternative conceptions of collective agency applied to the state; the normative implications of membership in the state; and both culpability (from the inside) and responsibility (from the outside) for what the state does. Ultimately, Not In Their Name argues for the exculpation of ordinary citizens and the inculpation of those working in public services, and defends a particular distribution of culpability from government to its members.


Author(s):  
Oli Wilson

This chapter explores how the New Zealand popular music artist Tiki Taane subverts dominant representational practices concerning New Zealand cultural identity by juxtaposing musical ensembles, one a ‘colonial’ orchestra, the other a distinctively Māori (indigenous New Zealand) kapa haka performance group, in his With Strings Attached: Alive & Orchestrated album and television documentary, released in 2014. Through this collaboration, Tiki reframes the colonial experience as an amalgam of reappropriated cultural signifiers that enraptures those that identify with colonization and colonizing experiences, and in doing so, expresses a form of authorial agency. The context of Tiki’s subversive approach is contextualized by examining postcolonial representational practices surrounding Māori culture and orchestral hybrids in the western art music tradition, and through a discussion about the ways the performance practice called kapa haka is represented through existing scholarly studies of Māori music.


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