Silencing the laws to save the fatherland: Rousseau’s theory of dictatorship between Bodin and Schmitt

ABSTRACT

Jean-Jacques Rousseau devoted an important chapter of his Social Contract to the dictatorship. Carl Schmitt interpreted Rousseau’s chapter as marking the transition from ‘commissarial’ to ‘sovereign dictatorship’. This article argues that Schmitt’s interpretation is historically and conceptually inaccurate. Instead of paving the way for sovereign dictatorship, Rousseau carefully distinguished the dictatorship from the people’s sovereign authority. Taking position in the ‘debate’ between Bodin and Grotius on the relation between dictatorship and sovereignty, he argued that the dictator could provisionally suspend the people’s sovereign authority, but not abolish it. More particularly, the dictator did not possess the power to make generally binding laws, which had to remain the exclusive authority of the popular assembly. However, this did not prevent Rousseau from recognizing the dictatorship as a means for democratic reform. Rousseau thus conceived of the dictatorship as a time-limited and revocable commission to protect the constitution and to provide for a more stable and effective state organization based on the principle of popular sovereignty.     

A. V. Dicey and English constitutionalism

The jurist A. V. Dicey’s study of the Law of the Constitution (1885) has been since its publication the dominant analysis of the British constitution and the source of orthodoxy on such subjects as parliamentary sovereignty and the rule of law. This canonical status has obscured the originality of Dicey’s ideas in the history of legal and political thought. Dicey reworked the traditional idea of sovereignty into two separate concepts – legal and political sovereignty – in order to square the common law notion of the sovereignty of parliament with the democratic idea of the sovereignty of the people. He forged a new concept – ‘the rule of law’ – to explain the legal basis of liberty in common law countries in a manner that was both Benthamite and constitutionalist. Finally, he provided a democratic and anti-federalist rationale for maintaining the Union of Great Britain and Ireland. This majoritarian, centralist and utilitarian constitutionalism has been one of the most enduring products of Victorian scholarship. This article seeks to recover it in its original context and, in so doing, to show the value of reintegrating legal thought into the mainstream of modern British history and the history of political thought.     

Framing social rebalancing,national identity,and victimhood in Kanaky/New Caledonia

New Caledonia is an island territory located in the French South Pacific. In 2018, the first of three referenda on the island’s sovereignty will occur. Over the next decade, inhabitants of this territory will decide whether to become fully sovereign, maintain their dependence on France, or enter into an independent-association relationship with another state. Through a series of interviews with prominent New Caledonian politicians and secondary sources, this article explores how definitions of victimhood and national identity construction shape the notion of rebalancing. Both loyalist and nationalist politicians argue that the current social inequalities between New Caledonian communities require targeted policies intended to re-balance the populations. Politicians use these victim narratives and national identities to construct imagined communities that advocate for the inclusive or exclusive application of the right to self-determination.     

Sovereignty from ‘ground zero’: Power through performance in independent South Sudan

Through a reading of the South Sudanese independence ceremony as a ritual of statehood, I show how state actors in South Sudan declared and performed their claim to sovereignty in the face of extraordinary challenge. Central to their performance was their rendering of a national chronotope and their assertion of what I call rebel sovereignty: their articulation of themselves as both saviours from oppression and legitimate wielders of state power. State actors' equal appeal to local antipathy to centralised power and international norms of statehood, as well as their performative redefinition of international undermining as partnership, demonstrates the necessity of contemporary sovereign performance to define both the content and context of extant political realities. More broadly, the ritual demonstrates the performative basis of sovereignty and the increasing necessity of sovereign aspirants to acknowledge the impossibility of sovereign control and redefine challenges and critiques of this power as they assert it.     

“Only a God Can Resist a God.” Political Theology between Polytheism and Gnosticism

ABSTRACT

Sovereignty – based on a claim to irresistible authority – and “speaking truth to power” (or parrhesia) are evidently opposed and yet they seem to have a strange affinity with one another, at least if one follows Foucault’s last lectures on this motif of political philosophy. This article revisits Hans Blumenberg’s reconstruction of the meeting between the German poet Goethe and the French emperor Napoleon as an example of a parrhesiastic encounter between philosophy and tyranny. The article situates Blumenberg’s discussion of Goethe’s pantheism and polytheism in the context of his ongoing polemic with Schmitt’s conceptions of sovereignty and political theology. It argues that while both Blumenberg and Schmitt seek to offer responses to the Gnostic rejection of worldly power, a reading of Goethe in light of the discourse on parrhesia or frank speech lately revived by Foucault allows for the articulation of republican response to Gnosticism.     

Agamben,Postcoloniality, and Sovereignty in South Korea

This paper examines modern Korean politics through the framework of Giorgio Agamben's theories of sovereign power, bare life, and the state of exception. Though his political analysis draws from the European history, we contend that the nature of his method attests to the possibility of analogical examples in non‐Western places. Thus, we argue that a postcolonial encounter with Agamben may enrich our understanding of sovereignty and political geography. In the Korean context, such an analysis needs to consider that sovereign power has been shaped by the itineraries of colonialism and empire. Korea's political space is deeply marked by the legacy of Japanese colonialism, the imperial interventions by the U.S., and the division of the peninsula. Thus, Korea offers a valuable lens through which to read Agamben's critique of sovereignty. Our paper offers such a reading to argue that a state of exception functions as the underlying nomos for postcolonial Korea.     

Mobile sovereignty: The case of ‘boat people’ in Australia

State sovereignty, in terms of the organisation and expression of political authority by nation states, is traditionally interpreted as a political container that is being weakened by increasing human and non-human mobilities. However recent research indicates that states are themselves becoming more mobile as executive bodies move and sovereign spaces are tactically reduced and expanded to intercept and control global mobilities. While challenging dichotomous notions of mobility and sovereignty, such research frames the movements of governments, territory and sovereign agents as the tactics of already established states. This paper builds on extant research by drawing on both a mobile ontology and Giorgio Agamben's theory of sovereignty to examine how mobilities constitute modern state sovereignty. To do so I examine Australian sovereignty and the related material and symbolic exclusion of asylum seekers arriving by boat. My analysis finds that mobilities, in terms of material movements and their representation, are essential to the construction of Australian sovereignty and the position of maritime asylum seekers as its outsider and limit identity. Through their mobile interception and management, and their representation as mobile ‘others’, maritime asylum seekers are used to create sovereign borders between specific types of movement; between ‘correct’ and ‘incorrect’ (im)mobilities. I argue that this form of state sovereignty is disarticulated from space and follows populations who construct territories as being ‘inside’ or ‘outside’ of the Australian state as they move.     

Interpreting foreign institutions. How the Italian academic culture dealt with the French Fifth Republic, 1958–1998

The interpretation by Italian scholars of the institutions of the French Fifth Republic was directly linked not only to the new French constitution and to the evolving practice of power in France, but also to the scholars' own judgement on the Italian constitution and on their changing perception of the role of the political parties within Italian republican institutions. Three main phases in the development of the interpretation of the Fifth Republic by Italian jurists and political scientists can be identified. During the first – extending from 1958 to the late 1970s – it was strongly criticized by most as anti-democratic. The second phase – from the late 1970s to the early 1990s – was marked by the end of anti-democratic suspicions; but only during the 1990s – the third phase – were the Fifth Republic's institutions proposed by some scholars as a model to be imported in to Italy.     

The Diffusion of Sovereignty

Summary

The transmission of ideas about sovereignty and its related practices from one time, place, or intellectual context to another is sometimes characterised as a process of ‘diffusion’ or even ‘contagion’. Intellectual historians may use such metaphors but the explanations they provide are historical, not scientific. Sovereignty was transmitted when European states brought their forms of government to other peoples and when those peoples embraced such forms in declaring their independence from imperial rule. It was also transmitted when the idea of sovereignty was itself transformed in the course of these and other historical passages. In Foundations of Modern International Thought, David Armitage explores some of these historical passages, the outcome of which he sees as the world of sovereign states that defines the modern period and the disappearance of which would signal its end. In doing so, he illuminates the larger enterprise of writing the history of international thought or, as he prefers to call it, international intellectual history, inviting reflection on its relationship to other kinds of historical inquiry and the opportunities and dangers it poses.     

评荀子的君本论和君民"舟水"关系说

荀子是战国末期儒学的传承,但他基于封建政权已经稳固的现实,提出了君民“舟水”关系说。其说弱化了传统儒家民本思想的力度,强化了君主专制的权威,从而从根本上构筑了儒学君本主义体系。孔孟儒学中的民本主义思想则被荀子削去锋芒,塞入君本主义框架中。于是,在牺牲了“民贵君轻”精神的前提下,儒学实现了与封建专制政治的并轨改造,并在理论上为后世封建政治提供了完备而切实可行的方案。     

4. PARTISANS AND POPULATIONS: THE PLACE OF CIVILIANS IN WAR,ALGERIA (1954–62)

Carl Schmitt's influential text The Theory of the Partisan (1963) serves in this article to read the history of civilians in modern warfare, examining the case of Algeria (1954–62). Schmitt's argument that the partisan leads to a dangerous conceptual blurring in war, confusing soldier and civilian, friend and enemy, reveals important questions about the war, questions that are otherwise invisible in conventional readings of the archives. Notably it places in relief the figure of the “population,” a way that the French military conceptualized Algerian civilians and their place on the battlefield. The article argues that the population, as constituted in military theory, needs to be understood as the partisan's partner in contributing to the normlessness of violence. This offers both a new reading of the war in Algeria and the violence suffered by civilians, as well as a correction to Schmitt's politically one‐sided explanation of the problem of normlessness and modern warfare. Whereas Schmitt's revolutionary partisan is a figure of the left, the notion of the population originated among counter‐revolutionary French officers who rethought war in an effort to stop decolonization and reshape their own society along military lines. For them Algerian civilians served as a primary weapon against the National Liberation Front (FLN) by breaking up the nationalists’ claim to lead a single, undivided, and sovereign Algerian people. In effect, the notion of the population made Algerian civilians appear as potential enemies to the FLN, blurring the nationalists’ own understanding of the political configuration of the war, directly exposing civilians to its violence.     

Agamben in the Ogaden: Violence and sovereignty in the Ethiopian–Somali frontier

This paper asks what makes the periphery or the frontier a prime locus of the “inclusionary exclusion” that is, according to Giorgio Agamben, so constitutive of the state of exception. By applying Agamben’s analytics to the Ogaden – a frontier province of the Ethiopian state – we propose an interpretation of the political history of the Ethiopian Ogaden as a recurrent government by exception that spans the Imperial rule (c. 1890–1974), the socialist dictatorship of the Derg (1974–1991), and the current revolutionary democratic regime led by the Ethiopian Peoples’ Revolutionary Democratic Front (EPRDF) (1991–today). Drawing attention to the historical continuities in the exercise of (Ethiopian) state sovereignty in its (Somali) frontier, we offer a genealogy of the violent incorporation of the Ogaden into the Ethiopian body politic. We identify recurring practices of sovereign power by successive Ethiopian regimes that are constitutive of the state of exception, namely a conflation between law and lawlessness, the politics of bare life and an encampment strategy. By doing so, this paper insists on the constitutive importance of land appropriation – Carl Schmitt’s Landnahme – in performances of sovereignty and territorialization at the margins of the postcolonial state.     

The Curious History of the Minerva Reefs: Tracing the Origin of Tongan and Fijian Claims Over the Minerva Reefs

ABSTRACT

This article explores the historical events relating to the competing claims over the Minerva Reefs by Tonga and Fiji. Tonga’s sovereign claim over the Minerva Reefs was prompted by a private group’s laying claim to a 'Republic of Minerva' in 1972. At that time, Fiji, as well as the South Pacific Forum, recognized Tonga as the only possible owner of the Minerva Reefs, but did not explicitly recognize Tonga's claimed sovereign title. Such a position reflected the legal uncertainty in relation to Tonga's claim in 1972. The establishment of the 200?nm Exclusive Economic Zone legal regime in the late 1970s gave rise to Fiji's claim to the Minerva Reefs, whereas subsequent developments in international law have significantly reduced the legal uncertainty in relation to Tonga's claim.     

Italy’s unification and its discontents: Giovanni Verga’s Cos’è il Re?

ABSTRACT

The article, ‘Italy’s Unification and its Discontents: Verga’s Cos’è il Re, focuses on the mental confusion of the protagonist, Cosimo, which becomes symptomatic of the southern rural masses’ disenfranchisement from the unification process. Verga’s political disillusion with the new state, for which he fought, comes to the fore, underlining how the Savoy kingdom’s constitution was no guarantee of a real improvement for the rural masses. Verga’s story contrasts the Savoy king, whose power is limited by the constitution, with the Bourbon Monarch’s Corpus Mysticum, as described by Ernest Kantorowicz, whose power is absolute, like that of Jesus Christ. The story denounces, then, the paradox that the Bourbon monarch, in his paternalistic governance, was better for the impoverished rural masses than the constitutional Savoy king. Moreover, Italy’s unification under the Savoy sovereign further developed a national discourse that systematically racialized Southerners because of their subaltern position within the nation.     

The Sovereign Base Areas: colonialism redivivus?

Abstract

In 1960, following a bitter struggle, the British colonial power, agreed to concede a (qualified) independence to Cyprus. As the price of such independence, however, the UK government insisted on retaining sovereignty in perpetuity over two sovereign base areas, Dhekelia and Akrotiri, the largest Royal Air Force base outside the United Kingdom. These bases cover three per cent of the land area of the island. Such retention of control over part of a former colonial territory is unique in the history of British decolonization and has manifest consequences for the people of Cyprus.     

The predicament of pastoral sovereignty

This paper seeks to understand the conditions of possibility of “sanctuary” – the claiming of a “sacred” space of (humanitarian) exception - in the midst of civil war. Sanctuary codifies an exceptional space where sovereign and pastoral registers of power converge into a form of “pastoral sovereignty” that can temporarily “interrupt” the law of violence of sovereign power. In civil war this can enable civilians to be saved and protected from killings and suffering. However, this pastoral sovereignty is precarious as it depends on the belligerents' good will and tacit authorization: this is what we call the predicament of pastoral sovereignty. Using the case study of Church sanctuary in Sri Lanka's civil war, this paper explores how this predicament of pastoral sovereignty comes into effect in moments of acute crisis. Throughout Sri Lanka's brutal civil war, Catholic priests provided “sanctuary” to Tamil civilians in the form of territorial sanctuary (Church compounds), bodily sanctuary (the priests' bodies providing protection), and numerous other humanitarian activities. Our ethnographic material illustrates the force and fragility of the Church's claims to pastoral sovereignty and its sanctuary practices and provides detailed accounts of numerous constellations. The paper thereby raises fundamental questions about the ontology of sovereignty and its operability in moments of humanitarian crisis.     

‘My Body was Aflame with His Memory’: War,Gender and Colonial Ghosts in Hiroshima mon amour (1959)

This article argues that historicising the iconic 1959 French film Hiroshima mon amour reveals a different set of meanings that most scholars have overlooked. As France found itself embroiled in the brutal and bloody Algerian War of Independence, many started reflecting on the meaning and aftereffects of the Second World War. Despite its anti‐colonial universalist humanism, Hiroshima remains haunted by colonial ghosts and fantasies of post‐war ‘Asia’ where Asian female bodies are passive and Asian male bodies only echo other European male bodies. Ultimately, sexual and racial differences organise the film's narrative of war and canonises a Eurocentric version of ‘history’. The film's melodramatic love story renders invisible the ways gender and sexuality shape understandings of violence, wars, and violated bodies. Against Marguerite Duras's and Alain Resnais's intentions, the love story allows the remembering and forgetting of a (French) national history that only the female character embodies. Only the French woman stands in for subjectivity, memory and trauma, rendering everything else secondary. Once read as a historical text, the film illustrates the limits and ambivalences of post‐war anti‐colonial humanist political imagination.     

Made in France? The (re-)invention of ‘Mai 68’

Abstract

Whenever young people protest, references to the French ‘Mai 68’ are quickly made. For nearly 50 years, former activists and journalists have turned events in the Latin Quarter in Paris into the main symbol for the potential of youth to pressure governments. Western European politicians and scholars easily index ‘Mai 68’ as the positive core of ‘European Memory’. French accounts during the historical moment initially emphasized, however, the global experience of student unrest. Such interpretations understood mobilization in Mexico, Poland and Nigeria as sharing one horizon of expectation and turned worldwide anti-authoritarian student unrest into an interpretive frame. With the unfolding of events in France, the French narrative shifted from a globally experienced present to a nationally framed ‘évènement’ of the past. This shift from lived experience to memory turned the student mobilization into a succession of French historical events coined ‘les évènements de mai-juin 68’. The commemoration of French events as a paradigmatic case sidelined mobilization in other European, Asian, African and Latin American countries. Meanwhile, this nationalization gave way to a pacified Franco-centred narrative which could be juxtaposed to the European memory scale whilst neglecting its internal contradictions stemming from the diverse European and global peripheries.     

Witchcraft,Statecraft, Mancraft: On the Demonological Foundations of Sovereignty

ABSTRACT

Questions of sovereignty remain central to political theology, yet the role played by demonology in sovereignty’s construction has yet to be closely examined. This article addresses this omission by exploring the relation between the phantasmatic figures of the “sovereign” and the “witch” in the work of Jean Bodin (1530–96). Early modern concepts of “witchcraft” and its prosecution have a constitutive relation to (theo)political sovereignty, modern gender relations, and the birth of the nation-state. Reading Bodin’s work on witchcraft alongside those on sovereignty, tolerance, and the household, I argue that the demonological witch forms a self-consolidating other at the foundation of modern constructions of sovereignty, tolerance, and the (cishetero)normative family – an excess or absence that reinforces and destabilizes gendered, sexual, political, juridical, and religious hierarchies that continue to influence the present. In doing so, I demonstrate that sovereignty rests on a demonological foundation.     

Claiming the Bonin Islands: Captain Beechey’s Plaque

In 1827, Captain Beechey arrived at what are known today as the Ogasawara Islands and quickly claimed the islands for Britain by attaching a copper plaque to a tree on Peel Island, or present-day Chichijima Island. However, this claim was later complicated by a Japanese assertion of earlier possession. In this article, I trace the provenance of the Beechey Plaque demonstrating that, although the plaque was a powerful tool of sovereign claim over the Bonin Islands, its significance soon diminished and it became merely an object of curiosity shuffled around various private and public collections. However, I argue that the plaque requires greater recognition and attention because it was used as a symbol of sovereign claim that led to some of the earliest Anglo-Japanese diplomatic interactions and Japan’s first negotiations over sovereign territorial claim with the West. Moreover, the plaque represents a territorial assertion by Britain that pinpoints the common origin for the transnational pasts of the descendants of early settlers on the main island of the Osagawara archipelago, Chichijima.