Political Theory Commons^™

They, The People, Ammel Sharon

Socio-Legal Review

This essay engages with Rohit De and Ornit Shani’s Assembling India’s Constitution by situating it within a broader conceptual history of “the people.” While the book offers a compelling account of participatory constitution-making, the essay suggests that it opens up further questions about the conceptual and historical conditions shaping the people as a political subject. Drawing on contemporary political theory on populism, the essay explores how politics invokes the people through affective and performative practices alongside constitutional forms.

Prerogative In Common: On The Emancipatory Potential Of Radical Mutuality Amid Sovereign Decisionism, Matthew Builes

Dissertations, Theses, and Capstone Projects

In times of crisis, liberal democracies resort to authoritarian measures that undermine core democratic values. Dominant thought in the study of emergency-era law and politics appeal to a dichotomy of normal and exceptional times, to critique or justify the turn to sovereign decisionism. While this strategy seems clear-cut, the persistence of exceptional spaces and the crises that supposedly generate them challenge existing frameworks by blurring the line between norm and exception. This project explores the prospect of radical mutual aid, as a transformative response to the enduring crisis of modernity.

Mutual Recognitions Across Generations, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

“Sovereignty,” Arendt says, “is contradictory to” the human condition. It is not, in any event, the kind of thing that can be shared across generations. Subsequent generations lack sovereignty to the precise degree that they are bound by the decisions of their predecessors. It is no answer to say that contemporary citizens participate in the sovereignty of a whole, transgenerational people. To paraphrase de Tocqueville, later generations are not free because they are not entirely equal, and they are not equal because they are not entirely free.

Where “sovereignty” is a metaphysical concept that transcends time, recognition is an act …

Sovereignty Before Law, Salmoli Choudhuri, Moiz Tundawala

Articles

Book review: Violent Fraternity: Indian Political Thought in the Global Age, by Shruti Kapila, Princeton, Princeton University Press, 2021, 328 pp., $37.00/£30.00, ISBN 9780691195223

Facing Famine: Justice And The Case Of Unilateral Intervention, Tanner R. Brooks

Honors Theses

Through the course of this year, 900 thousand people will have to struggle through conditions of famine, and a total of 345.2 million will experience food insecurity of some kind. These concerning figures represent an over twofold increase since 2020.1 This presents a serious problem, as access to food is so plainly vital to every aspect of an individual’s existence. It should therefore be uncontroversial to assert the grave nature of the occurrence of famine and other food emergencies faced by so many today. Food emergencies are not merely a result of insufficient food, but rather the institutional policies enacted …

The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram

Philosophy: Faculty Publications and Other Works

Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …

Community Unclaimed: Plurality And The Problem Of Sovereignty In Bataille, Nancy, And Blanchot, Gregory J. Grobmeier

Electronic Theses and Dissertations

This dissertation takes up the exchange between three prominent French thinkers on the question of “community”: Georges Bataille, Jean-Luc Nancy, and Maurice Blanchot. Taken together, and starting with Bataille’s prewar writings and communitarian activism in the 1930s, the exchange between them now spans nearly a century. Georges Bataille’s importance as a political thinker and writer was brought out of relative obscurity with the publication of Jean-Luc Nancy’s “La Communauté désoeuvrée” in 1983. Less than a year after the appearance of Nancy’s inaugural essay, Maurice Blanchot, a close friend of the late Bataille, published La Communauté inavouable. Blanchot’s text was …

From Valladolid To Venezuela : The Legacy Of Las Casas, Vitoria, And Sepúlveda In The Current Venezuelan Crisis., C. Evan Clark

College of Arts & Sciences Senior Theses

This thesis analyzes the current Venezuelan crisis and the international legal questions it has posed concerning sovereignty, the responsibility to protect, and international efforts to influence a state’s internal politics. In particular, the thesis expounds the historical and theoretical context behind international legal principles that governments, international organizations, and nongovernmental organizations (NGOs) have invoked in favor of Juan Guaidó or Nicolás Maduro. The thesis’s analysis centers around its examination of the parallels between the international legal principles that relate to the Venezuelan crisis and the political and ethical arguments of the sixteenth-century Spanish social reformer Bartolomé de las Casas and …

Crimmigrant Nations: Resurgent Nationalism And The Closing Of Borders [Table Of Contents], Robert Koulish, Martje Van Der Woude

Law

As the distinction between domestic and international is increasingly blurred along with the line between internal and external borders, migrants—particularly people of color—have become emblematic of the hybrid threat both to national security and sovereignty and to safety and order inside the state. From building walls and fences, overcrowding detention facilities, and beefing up border policing and border controls, a new narrative has arrived that has migrants assume the risk for government sponsored degradation, misery, and death. Crimmigrant Nationsexamines the parallel rise of anti-immigrant sentiment and right-wing populism in both the United States and Europe to offer an unprecedented …

Evolving Conceptions Of Sovereignty As Applied To Membership In International Organizations, Luke C. Radice

CMC Senior Theses

In the current international climate, both nations and individuals increasingly question both the validity and necessity of international organizations. This paper seeks to answer some of those questions, and to determine why countries choose to surrender significant portions of the national power that they are afforded under traditional perceptions of “Westphalian sovereignty”. This question is answered through an analysis of historical political thought on the concept of Sovereignty, then is applied to two case studies: the United Nations and the European Union, in which the benefits and downsides of surrendering sovereignty are discussed. Ultimately, this thesis concludes that the concept …

It Could Never Last: Why British Sovereignty And Its Influence Since 1945 Resulted In Brexit, Jeffrey Brandt

Master's Theses

The EU Referendum of June 2016 marked a watershed moment for the United Kingdom, as it sought to once again reassert its sovereignty and retake its place in the world as an independent state, free from European Union infringement. The British are usually seen as the cussid ones in Europe, stubbornly holding on to their principles and traditions of sovereignty. But why is that? Carefully tracing UK history, particularly from the end of the Second World War to the present day, it becomes understandable why the result of the 2016 referendum should not be quite a surprise. Studying events in …

The Intentional De-Cohesion In Deportability, Talha Issevenler

Publications and Research

A critical exploration of loss or decohesion of political agency in deportability.

We Refugees, Again, Aaron Linas

Dissertations, Theses, and Capstone Projects

Dramatic shifts in climate have generated a new form of global displacement. These ‘climate migrants’ challenge the notion of state sovereignty by introducing a new paradigm for global responsibility. I seek to address this emerging demand of sovereignty by outlining the normative mechanisms of state institutions when encountering displaced persons. The extreme cases of disappearing island nations creates stateless population incompatible with standard liberal values of humanitarianism and border security. My claim is that current normative institutions and principles of assistance to migrating people are insufficient to manage the international crisis of climate change. To be able to aid migrants …

Sexual Violence In The Field Of Vision, Sharon Sliwinski

Data and Test Instruments

Meditating on a single photograph from a recent Human Rights Watch report concerning police violence in Northern British Columbia, Canada, this paper pursues two lines of questions about the visual politics of human rights. One concerns how our ways of seeing—our modes of attending to the vulnerability and integrity of particular persons—can itself be understood as a form of human rights practice. The other aims to widen space in contemporary political theory for thinking about how sexual violence functions as a central technology of sovereignty and how we might make this phenomenon more perceptible. The paper explores the ways photographs …

The Original Theory Of Constitutionalism, David Singh Grewal, Jedediah Purdy

Faculty Scholarship

The U.S. Constitution embodies a conception of democratic sovereignty that has been substantially forgotten and obscured in today’s commentary. Recovering this original idea of constitution-making shows that today’s originalism is, ironically, unfaithful to its origins in an idea of self-rule that prized both the initial ratification of fundamental law and the political community’s ongoing power to reaffirm or change it. This does not mean, however, that living constitutionalism better fits the original conception of democratic self-rule. Rather, because the Constitution itself makes amendment practically impossible, it all but shuts down the very form of democratic sovereignty that authorizes it. No …

Thomas Hobbes, John Locke, And Champeta: The Colombian Conflict As Case Study In Sovereignty, Anna Shepard

CMC Senior Theses

I will argue that a discussion of sovereignty as it relates to internal conflict deepens our understanding of the Colombian conflict, and in turn, the Colombian conflict deepens the ongoing discussion on sovereignty. Internal armed conflict is a tool to free and dominate populations, to save and kill individuals, and to destroy and build institutions. Thomas Hobbes and John Locke set an initial framework for understanding sovereignty. Armed actors use violence to create a sphere of influence that overlaps with the state’s legal jurisdiction: armed actors use violence as a strategy of hegemonic state building. Overlapping territorial claims challenge the …

Federalism All The Way Up: State Standing And "The New Process Federalism", Jessica Bulman-Pozen

Faculty Scholarship

This commentary considers what federalism all the way up means for Gerken’s proposed new process federalism. The state-federal integration she documents underscores why judicial policing of “conditions for federal-state bargaining” cannot be limited to state-federal relations in the traditional sense. It must extend to state challenges to the allocation and exercise of authority within the federal government. The new process federalism would therefore do well to address when states will have standing to bring such cases in federal court. After Part I describes contemporary federalism-all-the-way-up litigation, Part II suggests that Gerken’s “Federalism 3.0” complicates both traditional parens patriae and sovereignty …

Wild-But-Not-Too-Wild Animals: Challenging Goldilocks Standards In Rewilding, Erica Von Essen, Michael P. Allen

Between the Species

Rewilding is positioned as ‘post’-conservation through its emphasis on unleashing the autonomy of natural processes. In this paper, we argue that the autonomy of nature rhetoric in rewilding is challenged by human interventions. Instead of joining critique toward the ‘managed wilderness’ approach of rewilding, however, we examine the injustices this entails for keystone species. Reintroduction case studies demonstrate how arbitrary standards for wildness are imposed on these animals as they do their assigned duty to rehabilitate ecosystems. These ‘Goldilocks’ standards are predicated on aesthetic values that sanction interventions inconsistent with the premise of animal sovereignty. These include culling, relocations and …

Lexicons Of Colonialism: A Grounded Theory Examination Of Indian And Supreme Court Definitions Of Sovereignty, Jacob Daniel Bosley

Senior Honors Projects, 2010-2019

Sovereignty has served as an important political principle in the United States in both its founding and its relations with Native peoples. While the United States signed hundreds of treaties with Native peoples that recognize tribal nations as separate political entities, the political status and legitimacy of Native peoples has constantly come into question. Sovereignty has been cited throughout America’s founding documents and major Supreme Court opinions as the measure of political authority used to judge the status of Native peoples relative to the United States overriding political authority. The precedent established by these citations of sovereignty remains unclear, and …

State-Seeking Nations: Critical Success Factors, Including Moderate Un Security Council Reform, David Jones, David Jones

Seton Hall University Dissertations and Theses (ETDs)

This thesis proposes realistic critical success factors of state-seeking nations (breakaway regions) in gaining full statehood. It also includes ramifications to the state-seeking nations with moderate UNSC (P5) reform. This argument proposes that without these critical successful factors, success for a state-seeking nation gaining full statehood is highly unlikely.

Theology Of Global Citizenship: Belonging Beyond Boundaries, God Within Boundaries, Jisoo Hong

Political Science Honors Projects

Though creating identity and belongingness under the sovereign requires an enclosure by boundaries, the very act of drawing boundaries imposes inevitable challenges. The limitations of the Westphalian system based on territorial boundaries are becoming more tangible with transnational flows threatening individual’s sense of belonging and the state’s exercise of sovereignty. Global citizenship is suggested as a possible “solution” transcending these arbitrarily drawn boundaries. Nonetheless, my political theological examination concludes that global citizenship is yet another translation of the human beings’ old wish for belonging to, protection from, and unity under a “god,” albeit with new boundaries that differentiate us from …