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Theoria

A Journal of Social and Political Theory

ISSN: 0040-5817 (print) • ISSN: 1558-5816 (online) • 4 issues per year

Volume 56 Issue 118

Editorial

Laurence Piper

On the mainstream liberal view it is both possible and desirable to separate out political and economic power from prescriptive normative views of how life ought to be led—at least beyond a relatively restricted ‘overlapping consensus’ about what constitutes the right process for resolving disputes about political leadership, justice and the economy. This is said to establish a public realm where claims to resources and recognition are framed in universal terms, and a private realm where particular beliefs about God, family and culture reside. Only by compromising views of politics justified by particular visions of the good life can we who value freedom and equality co-exist peacefully and prosperously, especially in an increasingly multi-cultural and socio-economically diverse world. In various ways the articles in this edition challenge this view, and offer more complex portrayals of the theoretical and empirical relationships between democracy, morality and discipline.

The Limits of John Rawls' Pluralism

Chantal Mouffe

This article argues that John Rawls' liberal philosophising is an inadequate means of facing today's varied social and political challenges, both domestic and international, because it is incapable of grasping the antagonistic dimension which is constitutive of the political. Focusing first on Rawls' conception of politics in a well-ordered liberal society, and thereafter on his arguments pertaining to the field of international politics, it is shown how Rawls forecloses the recognition of the properly political moment by postulating that the discrimination between what is legitimate and what is not legitimate is dictated by morality and rationality. With exclusions presented as rationally justified and with the antagonistic dimension of politics whisked away, liberalism appears as the truly moral and rational solution to the problem of how to organise human coexistence, and its universalisation becomes the aim of all those who are moved by moral and rational considerations. Against this conception, it is suggested that a future, more peaceful world would be less a cosmopolitan and more a pluralist one.

Civil Disobedience and Terrorism

Testing the Limits of Deliberative Democracy

Michael Allen

This article explores the boundaries of the commitment of deliberative democrats to communication and persuasion over threats and intimidation through examining the hard cases of civil disobedience and terrorism. The case of civil disobedience is challenging as deliberative democrats typically support this tactic under certain conditions, yet such a move threatens to blur the Habermasian distinction between instrumental and communicative action that informs many accounts of deliberative democracy. However, noting that civil disobedience is deemed acceptable to many deliberative democrats so long as it remains 'relevantly tied to the objective of communicative action', Allen holds that certain kinds of terrorism cannot be ruled out either. Whilst acknowledging that the deliberative democrat cannot really justify taking life as a tactic to induce deliberation, as 'dead people cannot deliberate', Allen notes that this does not rule out terrorism per se, the object of which is not death so much as generating overwhelming fear. Further, while a permanent condition of fear would set limits on deliberation, limited and temporary physical harm to persons need not. This implies that deliberative democrats must explain why intentionally causing some physical harm to property or persons is always an illegitimate form of communication.

Leo Strauss' Modern Regime Cycle

Christopher J. Paskewich

Which of the regimes of the modern world is the best? The political philosopher Leo Strauss provides a useful context for this issue by weighing the three primary regimes he finds available to modernity: traditional regimes, liberal regimes, and the universal state (in the manner of the French philosopher, Alexandre Kojève). He posits a new cycle of regimes for the modern world, just as Plato and Polybius did for the ancient world. Strauss suggests that the post-Enlightenment tendency is toward a universal state, but he asserts that a highly traditional, but liberal, regime is the most desirable for us.

Tradition's Desire

The Politics of Culture in the Rape Trial of Jacob Zuma

Thembisa WaetjenGerhard Maré

This article examines the recent trial of ANC president Jacob Zuma, and how gender power was framed in respect to, and within, the politics of culture. The trial centred on allegations of rape by Zuma of an HIV positive woman many years his junior, who was also the daughter of a former anti-apartheid struggle comrade. All of these details were considered pertinent, not only to the legal debates about whether a crime had been committed, but also to the political debates raging around the nation's key challenges of high rates of sexual violence and the 'denialist' state response to devastating levels of HIV infection. Many Zuma supporters saw the accusation of rape as politically motivated and as evidence of an anti-Zuma conspiracy. In visibly smaller numbers, women's rights groups were present on the streets as well, trying to draw attention to the general problem of the nation's extraordinarily high rates of sexual violence and the general failure of the justice system to address cases of rape. The article argues that the fervour surrounding this trial, the burning political question of women's status was continually cast as a private matter: debates about relations between men and women came to be focused on issues of propriety, behaviour and etiquette rather than on questions about rights and power. In short, the privatisation of gender was effected through the politics of culture. As culture is politicised as a legal and secular 'right', gender is de-politicised to become a normatively 'private' and 'customary' domain. This is not merely a South African dilemma, but a dilemma which is con-concomitant to the social conditions of modernity itself.

'A Punishment More Bitter Than Death'

Dirck Coornhert's Boeven-tucht and the Rise of Discipline

Roger Deacon

Dirck Coornhert (1522-90) was a Dutch humanist whose seminal 1587 book, Boeven-tucht, redefined issues of poverty, charity, development and crime. A transitionary document, Boeven-tucht lies on the cusp of what Michel Foucault called the 'great confinement', which took place between about 1600 and 1750 and which was the common response by local and national authorities to the social disorder concomitant upon population expansion, a widening gap between rich and poor, religious discord and war. Inspired by Boeventucht, the Amsterdam Rasphuis and Spinhuis were the European prototypes of houses of correction which sprang up all over Europe, intended to apply 'a punishment more bitter than death' to all 'criminal idlers'. This introduction to the first-ever English translation of Boeven-tucht situates Coornhert's text in the space between unmediated absolutist sovereignty and full-blown modern discipline, when disciplinary techniques were as yet only gradually emerging from the monasteries and lay fraternities in which they had been incubated, and before they spread into all facets of modern society.

Boeven-Tucht

The Discipline of Misbehaviour, or the Means to Reduce the Number of Harmful Idlers

Dirck Volckertzoon Coornhert

This first English-language translation of Boeventucht is based on the modern Dutch version of the original text as reprinted in Dirck Volckertzoon Coornhert, Boeventucht, Arie-Jan Gelderblom and Marijke Meijer Drees (eds). (Muiderberg: Dick Coutinho, 1985). The kind support of Professors Arie-Jan Gelderblom and Marijke Meijer Drees, of the Faculteit Letteren at Utrecht University, as well as of the publisher, Dick Coutinho, is gratefully acknowledged.

Book Reviews

Fixing Men: Sex, Birth Control, and AIDS in Mexico, Contemporary South Africa, by Matthew Gutmann Marc Epprecht

The Political Philosophy of Needs, by Lawrence Hamilton David James

Foucault, Psychology and the Analytics of Power, by Derek Hook Grahame Hayes

Rethinking Multiculturalism: Cultural Diversity and Political Theory, 2nd edition, by Bhikhu Parekh Joleen Steyn-Kotze

The Plot to Kill God: Findings from the Soviet Experiment in Secularization, by Paul Froese Gerald West