The Post-Colonial Constitutional Order of the Commonwealth Caribbean: The Endurance of the Crown and the Judicial Committee of the Privy Council

ABSTRACT

Amongst Britain's former colonies the independent countries of the Commonwealth Caribbean represent something of an anomaly in so far as the majority of them remain constitutional monarchies and continue to retain the Judicial Committee of the Privy Council (JCPC) as their final appellate court, even though the region has had its own final appellate court – the Caribbean Court of Justice – since 2006. This is in marked contrast to Britain's former colonies in Africa and South Asia, the majority of which switched to republicanism soon after independence and at the same time abolished rights of appeal to the JCPC. This paper seeks to uncover the reasons for this anomaly by examining how the path that led to independence was shaped by a particular conception of Dominion status and by the willingness of nationalist leaders to embrace a dual identity: equal parts West Indian nationalist and Empire loyalist. It will also examine the phenomenon of the ‘postcolony’; being the persistence of the colonial order following the acquisition of constitutional independence. The paper has three aims. Firstly, to contribute to a better understanding of the impact of Dominion status and all that it symbolised in a region which is often overlooked in the scholarly literature on this topic. Secondly, better to understand the competing political forces that led three countries in the region to adopt republicanism, but inhibited its adoption elsewhere in the region. Thirdly, and finally, to enhance discussion of the complex nexus between republicanism and the abolition of rights of appeal to the JCPC where political and juridical considerations do not neatly align.     

Pocock,Machiavelli and Political Contingency in Foreign Affairs: Republican Existentialism Outside (and Within) the City

SUMMARY

In this essay, inspired by J.G.A. Pocock's appropriation of Machiavelli's theory of political contingency, and building upon my previous engagements with Pocock's ‘republican existentialism’, I focus on the role played by ‘accidents’ in Machiavelli's analysis of war and foreign affairs within The Prince and the Discourses. In so doing, I consider the following issues: the ways through which a potential imperial hegemon might consolidate control over nearby lesser powers—and, conversely, how such less powerful polities might resist imperial encroachments on their autonomy; the contrasting military modes and orders characteristic of ancient and modern republics; and the extent to which Machiavelli actually thought that accidents in foreign affairs were ever truly ‘accidental’ in light of his determinations concerning well- versus badly ordered domestic institutions.     

The Concept of Corruption in J.G.A. Pocock's The Machiavellian Moment

SUMMARY

In the scholarship on the concept of political corruption, one frequently encounters the lamentation that the manner in which the concept is deployed in liberal modernity is insufficiently attuned to the richer sense in which the term was employed in the ‘civic humanist’ tradition. In these lamentations, the usual point of reference is J.G.A. Pocock's The Machiavellian Moment, a work that made corruption the central term of art in a political language stretching from the Renaissance to the eighteenth century and beyond. Certainly there is something quite attractive today about the ‘Machiavellian’ inflection of the term—our era is replete with the very things the protagonists of Pocock's story decried: debt, dependency, oligarchy, standing armies and the diminution of civic duties. But to what extent is Pocock's classic text a reliable guide for those studying the concept of corruption? This article suggests that Pocock uses the term in an excessively capacious manner, which both weakens his book's utility for understanding eighteenth-century political thought and undermines its power as a foundation for political critique by civic-minded anti-corruption reformers.     

Nudging Bentham: indirect legislation and (neo-)liberal politics

SUMMARY

The debates over Sunstein and Thaler’s Nudge oppose libertarianism and paternalism, or defend the authors’ proposed manipulation of individuals’ ‘choice architectures’ as a consistent system of libertarian paternalism. My essay looks beyond the terms of this debate and revisits Bentham’s ‘Indirect Legislation’ in order to excavate the issues raised by the deployment of technologies of behavioural economics in schemes of government. On the one hand, nudging is nothing other than a mild and carefully considered mode of indirect legislation, and the authors are right to join Bentham in pointing out that the landscape they seek to improve is always with us; we are always already governed and governing others, and we might as well govern and be governed better than we do/are. On the other hand, nudge-like innovations reveal the extent to which Bentham’s insights have been captured by a disciplinary orientation that removes its subjects from political space. Put differently, the issue with this kind of government is not that it interferes with our liberty so much as that it presumes our lack of political orientation and efficacy. Bentham’s liberal subjects inhabit a public and even republican space that Sunstein and Thaler’s neo-liberal subjects have long since abandoned.     

Bringing republican ideas back home. The Dewey–Laski connection

This article explores J.G.A. Pocock’s insight that “traces” of civic republican discourse survived within the dominant liberal paradigm of modern political thought. It does so by tracking classical republican themes in the works of American pragmatist John Dewey and English pluralist Harold Laski. The main contribution of the article is to show that the 1920s pluralist theory of the state can be interpreted as a reformulation of the classical republican critique of modern liberal conceptions of state sovereignty. In particular, I suggest that Laski can be viewed as a kind of republican pluralist inspired by Aristotle and Harrington as well as by American pragmatism, itself a late outgrowth of the republican tradition in US history.     

‘Iustitiam non includo’: Carl Schmitt, Hugo Grotius and the Ius Publicum Europaeum

Through a discussion of Hugo Grotius’ conception of just war, this essay shows that within his critique of liberalism, Schmitt clashed with the very intellectual tradition he claimed to represent. Both historically and philosophically Schmitt's concept of the Ius Publicum Europaeum was a mirage. Indeed, his concept of the political was a rejection of the moral and civil philosophy that sees politics as the world of active citizens and commonwealths arguing with each other about fundamental questions of justice and equity.     

The meaning of historical terms and concepts: New studies on begriffsgeschichte

A contribution to the liberalism-republicanism debate from a political historian's point of view, this essay focuses on Britain in the mid-Victorian period—arguably the golden age of modern liberalism. The first part argues that the writings and political ideas of the leading liberal thinkers were imbued with ‘neo-roman’ values, including participatory citizenship, civic virtue and concern for the common good. The second part discusses the dissemination of ‘neo-roman’ ideas among the rank and file of the Liberal party, focusing on popular celebrations of the right to bear arms. The essay concludes that, despite the methodological claims of some scholars, the liberalism-republicanism debate has tended to ignore the context within which ideas and traditions were developed by their leading interpreters. Moreover, it argues that if we really are interested in the context of political thought we must go beyond traditional concerns with the ‘canonical’ texts and look at its social environment.     

Freedom,ethical choice and the Hellenistic polis

ABSTRACT

This paper examines ideas of individual freedom in the Hellenistic city-states (c. 323–31 BCE). It concentrates on the civic ideas expressed in the laws and decrees of Hellenistic cities, inscribed on stone, comparing them with Hellenistic historical and philosophical works. It places different Hellenistic approaches alongside modern liberal, neo-Roman republican and civic humanist theories of individual liberty, finding some overlaps with each of those modern approaches. The argument is that the Hellenistic Greeks developed innovative ways of combining demanding ideals of civic virtue and the common good with equally robust ideals of individual freedom and ethical choice. They did so not least by adapting and developing traditional Greek approaches close to modern civic humanism, in ways very relevant to modern debates about how to reconcile civic duty, the common good and pluralism.     

Polish republicanism of the Four Year Seym at a doctrinal crossroads

The aim of the article is to analyse the most intellectually challenging conceptions of Polish political thought at the time of the Four Year Seym, specifically those of Stanis?aw Staszic and Hugo Ko???taj, when viewed from the perspective of the dilemmas of the republicanism of the period. At its heart, it places the issue so provocatively put forward by Rousseau’s Considérations sur le gouvernement de Pologne, that of reforming a previously noble republic against the monarchical tendencies that prevailed in Europe. The analysis shows that, indeed, in both reformers’ advocacy for the hereditary throne, having no other justification but geopolitical reasons, and especially in some Ko???taj’s later proposals, one can find evidence of their doctrinal compromises. On the other hand, their argumentations revealed an extraordinarily modern approach that could pave the way for new promising prospects of Polish republicanism. Its value lay mainly in the fact that they combined the ideals of more passionate civic (and military) patriotism with those of an economically free and active society. At any rate, all their endeavours can confirm, especially when juxtaposed with those of their political adversaries, that that tradition was approaching perhaps one of its most challenging turning points.