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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 60 Issue 134

Towards a Theory of Freedom

Mariam Thalos

Human freedom resides primarily in exercise of that capacity that humans employ more abundantly than any other species on earth: the capacity for judgement. And in particular: that special judgement in relation to Self that we call aspiration. Freedom is not the absence of a field of (other) powers; instead, freedom shows up only against the reticulations of power impinging from without. For freedom worthy of the name must be construed as an exercise of power within an already-present field of power. Thus, liberty and causal necessity are not obverses.

What Determines the Boundary of Civil Society?

Hume, Smith and the Justification of European Exploitation of Non-Europeans

Elias L. Khalil

Civil society consists of members obligated to respect each other's rights and, hence, trade with each other as equals. What determines the boundary, rather than the nature, of civil society? For Adam Smith, the boundary consists of humanity itself because it is determined by identification: humans identify with other humans because of common humanness. While Smith's theory can explain the emotions associated with justice (jubilance) and injustice (resentment), it provides a mushy ground for the boundary question: Why not extend the common identity to nonhuman animals? Or why not restrict the boundary to one's own dialect, ethnicity or race? For David Hume, the boundary need not consist of humanity itself because it is determined by self-interest: a European need not respect the property of outsiders such as Native Americans, if the European benefits more by exploiting them than including them in the European society. While Hume's theory can provide a solid ground for the boundary question, it cannot explain the emotions associated with justice. This paper suggests a framework that combines the strengths, and avoids the shortcomings, of Smith's and Hume's theories.

Political Life beyond the Biopolitical?

Leonie Ansems de Vries

Michel Foucault's genealogy of the entry of life into politics provides an incisive account of the manner in which life came to be governed on the basis of its understood biological capacities and requirements. Foucault problematises biopolitics as a mode of governance through which life's potentialities are both produced and immobilised via the continuous (re)production of circulations, or the constitution of the milieu. The question is whether governance can be (dis)ordered such that this problem of biopolitical foreclosure is overcome. This problematique will be broached in this article by staging an encounter between Foucault's problematisation of biopolitical life and Gilles Deleuze and Félix Guattari's biophilosophy, which offers the promise of an ontological movement to think political life anew. Engaging Deleuze and Guattari's concept of the milieu, the article explores whether a shift of focus to an understanding of political life in terms of its potentialities of mobile and relational becoming within a wider play of forces can offer a viable strategy to counter the problematic foreclosure of politics to which Foucault draws attention.

Subjecting International Relations to the Law of Nature

A Neglected Aspect of the Early Modern Jurists and Edmund Burke

Camilla Boisen

In this article, I deal with the issue of how the early modern thinkers dealt, over time, with the question of 'international law' and its enforcement. To draw out Burke's underappreciated view of enforcement, it recounts the law of nations ideas by some of the main jurists of the period such as Vitoria, Gentili and Suárez. As is well known, their differentiation of the law of nations from the law of nature led to the gradual emergence of the legal principle and moral right of intervention to prevent gross violations of the natural law in the discourse of international justice. Such ideas were refined by Grotius, who largely equated international law with punishment, something Pufendorf and Vattel would later criticise. I argue that it is nevertheless Edmund Burke to whom we must look to bridge the two concerns of international law: authority and enforcement. Burke provided the conceptual scope needed to plausibly resolve the issues of enforcement by prescribing specific common law foundations, binding the legal and the moral in international law and presenting it as domestic law. This way of looking at Burke is under-recognised and provides insight into some of the same concerns we face today with enforcement in international law.

The University as a Bombed Town

Peter Vale

Higher education reform has a particular character in the United Kingdom as Stefan Collini points out in his book, What are universities for? Margaret Thatcher's assault on social institutions put the university, as an institution for the common good, under particular economic pressure. As a result, British-oriented higher education systems world- the legacy of Empire - have suffered similar mounting pressures. This includes South Africa where the debate has been strongly influenced by the idea that university, in the name of democracy, should be more accountable and transparent. But, this purported shift towards openness masks the powerful hold of market-driven economics on the contemporary university and poses a threat to its immediate purpose and the long-term future of higher education.

Book Review

Anthony Egan

God in Pain: Inversions of Apocalypse by Slavoj Žižek and Boris Gunjevic