Showing posts with label sovereignty. Show all posts
Showing posts with label sovereignty. Show all posts

Sunday, May 29, 2022

Chris Szabla on A New Foundation for Freedom of Movement in an Age of Sovereign Control: The Liberal Jurisprudence of August Wilhelm Heffter (Law and History Review)

"A New Foundation for Freedom of Movement in an Age of Sovereign Control: The Liberal Jurisprudence of August Wilhelm Heffter"
Christopher Szabla
Law and History Review, Volume 40, Issue 1, pp. 63-90, doi:10.1017/S0738248021000596
Published in February 2022
Abstract: This article addresses how a once influential jurist addressed a potential paradox in liberal thought—between democratic control over borders and transnational rights—as it arose in the mid-nineteenth-century, amid advocacy against authoritarianism and for free trade and movement, on the one hand, and the increasing calling into question of natural law theories that may have best facilitated free movement, on the other. While scholarship has increasingly shown how the boundaries between periods of natural law and positivist hegemony are difficult to distinguish, specific tensions in the mid-nineteenth-century called for an approach that preserved free movement in light of the growing appeal of empiricism and state sovereignty. In this context, August Wilhelm Heffter proposed that states were bound by higher law as a consequence of their free decision to enter international communities: these communities’ purpose, he wrote, bred customary laws facilitating interstate interaction. Heffter’s approximation of “natural” law in a more positivist context and his use of the period’s “customary” logic helps account for his influence not only in periods of free trade and movement’s ascendancy but also the survival of forms of his thought into periods of sovereigntist reaction against them. It therefore holds potential to address what scholarship has termed today’s “liberal paradox” between democracy and migration better than approaches that emphasize a more complete return to natural law.

Wednesday, October 13, 2021

Daniel Matthews on Reframing Sovereignty For The Anthropocene (Transnational Legal Theory)

Daniel Matthews
Published Online: 2021-5-20
Abstract: Writing on sovereignty has failed to address the challenges associated with planetary climatic change. As debates about the nature of sovereignty return to the fore, there remains little attention paid to how our newly unstable environmental conditions might call for sovereignty to be imagined anew. Drawing on Neil Walker’s account of the ‘sovereignty frame’–as a means of understanding the enduring relevance of sovereignty for contemporary law and politics – this article understands sovereignty as an aesthetic device which constitutively inures political subjects to the ecological forces and relations central to the climate crisis and the broader challenges associated with the Anthropocene. In taking up the task of reframing sovereignty in a way that properly attends to these issues, this article introduces how sovereignty’s spaces, subjects and modes of governance might be reimagined in light of the Anthropocene thesis and the various disruptions it heralds for social life.

Friday, May 28, 2021

Daniel Matthews on Reframing Sovereignty for the Anthropocene (Transnational Legal Theory)

"Reframing sovereignty for the anthropocene"
Daniel Matthews 
Transnational Legal Theory
Published on 20 May 2021
Abstract: Writing on sovereignty has failed to address the challenges associated with planetary climatic change. As debates about the nature of sovereignty return to the fore, there remains little attention paid to how our newly unstable environmental conditions might call for sovereignty to be imagined anew. Drawing on Neil Walker’s account of the ‘sovereignty frame’–as a means of understanding the enduring relevance of sovereignty for contemporary law and politics – this article understands sovereignty as an aesthetic device which constitutively inures political subjects to the ecological forces and relations central to the climate crisis and the broader challenges associated with the Anthropocene. In taking up the task of reframing sovereignty in a way that properly attends to these issues, this article introduces how sovereignty’s spaces, subjects and modes of governance might be reimagined in light of the Anthropocene thesis and the various disruptions it heralds for social life.

Sunday, November 29, 2020

Dr Daniel Matthews Featured in "The Sovereign State Feels the Heat" (HKU Bulletin)

"The Sovereign State Feels the Heat"
HKU Bulletin
Volume 22 No. 1
Published in November 2020
However you look at it, the modern state is ill-equipped to deal with the challenges of climate change.
Dr Daniel Matthews of the Faculty of Law is an admirer of English philosopher Thomas Hobbes, who defined sovereignty as it is commonly understood: escaping nature under the security and protection of the state through a social contract. Hobbes was writing 400 years ago and today, the cracks are showing.
     “Hobbes was extraordinarily creative in rethinking how we define political authority,” Dr Matthews said. “But even though sovereignty is back big time, with Brexit and the rise of populism being examples, I see that as a real dead end for dealing with the challenges of climate change. 
    “Climate change does not respect state borders and many of its effects are non-anthropocentric, impacting on a range of non-human forces and relations described by geology and ecology. Modern politics is really bad at being sensitive to these forces.” 
     Dr Matthews has been tracking these shortfalls as a scholar of the history and theory of sovereignty and sees problems in all three components that define sovereignty: territorial, populational and institutional.
... 

     Getting people to see the world differently, both in the visual and contemplative sense, will not be easy. The COVID-19 pandemic offers a glimpse of the challenges. “We’ve seen a reassertion of national borders, concentration of power in the hands of the executive, greater emphasis on who gets the privilege of citizenship and who doesn’t. I fear we will see repeats of this in future climatic crises,” he said. 

     Dr Matthews hearkens back to Hobbes, who was also exploring how politics could be reorganised in a changing world. “This idea that we have to deny our attachments to the natural world in order to create a distinct political sphere is precisely what needs to be reversed. But the way things are going at the moment doesn’t make me massively hopeful,” he said.
     “Radical changes need to take place. It can’t be business as usual. Exactly how these changes will be instituted, no one knows. In my own work, I’m hoping to point out the limitations of the existing coordinates that define modern sovereignty and encourage critical and creative thinking about the changing nature of political authority in the context of climatic transformation.”
      The Aesthetics of Sovereignty in the Anthropocene will be published by Edinburgh University Press in 2021. Click here to read the full text. 

Monday, August 20, 2018

Stacy Douglas & Dan Matthews on Sovereignty, Affect and Being-Bound (new book chapter)

Stacy Douglas &  Daniel Matthews
in Daniel Matthews & Scott Veitch (eds), Law, Obligation, Community (Routledge, June 2018), Chapter 7, 22 pages
Introduction: If ever it left us, sovereignty has returned. The protectionist and nativist instincts that helped propel Donald Trump into office have been felt throughout the Western world as new nationalisms have forced themselves into the political mainstream. The promise of post-national identities, global flows of people and capital, and the weakening of the ‘bright lines’ of state control have been met by a forceful resistance that foregrounds local interests and concerns, often depends on ethnically defined notions of identity and clings fervently to nationalistic histories and modes of belonging. Whilst we might dismiss some of these movements as being motivated by atavistic fears of difference, there is a powerful sense that the events of 2016 represent the high watermark for the form of turbo-charged globalisation let loose as the Berlin Wall fell and the ‘new world order’ took hold in the early 1990s. As Kyle McGee argues, the West is suffering from a loss of both ‘place’ and ‘land’ as the dual forces of globalisation and global warming put extant forms of attachment to locale and community under erasure (McGee 2017). In such conditions, the allure of sovereignty with its promise to ‘take back control’, as the Brexit campaign had it, is quite understandable. If ‘waning sovereignty’ (Brown 2014) has accompanied these ‘twin vertigoes of placelessness and landlessness’ (McGee 2017, p. 128), its recent revival offers – some would believe – a line of defence against the forces of globalisation and the increasing precarity this brings. Against this background we engage with the theme of obligation in two ways.
     First, we explore the ways in which juridically enforceable obligations installed and defended by modern constitutional sovereignty are crucial to giving shape to the affective life of a community. We approach sovereignty through the sentiments that it produces – or claims to produce – and the particular effect that it has in enframing the world and giving scope to a sense of our political attachments and modes of belonging. We dwell on the sensibilities associated with sovereignty and on how the mobilisation of the rights and duties associated with the protection of sovereignty affectively enframes the way a political community attaches to place, past and an imagined future. 
     Second, continuing our emphasis on the register of affect, we explore a sense of ‘being-bound’ that both precedes and exceeds juridically defined obligations. The binding quality of obligations – evidenced in the root word ligare, which we find in ligature, ligament, allegiance and religion – limited notion of an obligation at law. It is this more expansive sense of ‘being-bound’ that we explore in what follows, underscoring the affective, political and existential dimensions to the bonds that give form to collective life. Ultimately, we are interested in unsettling the affective life of sovereignty, in revealing and attuning our selves to a sense of ‘being-bound’ that challenges sovereignty’s power to recentre an autonomous legal subject, and its attendant national community, within an anthropocentric horizon. Such a horizon is today increasingly compromised. In particular, the ‘twin vertigoes’ of globalisation and climatic change ought to attune us to a set of relations that transcend the assumed bifurcation between human and non-human life, ushering in a sensitivity to the bonds that sustain habitability beyond the limited set of relations honoured by modern sovereignty. 
     We find possibilities for such an unsettling of sovereignty’s affective force in artistic practices coming out of South Africa, namely in the work of J. M. Coetzee and Nandipha Mntambo, and explore the implications of their work for rethinking what it means to ‘be-bound’ beyond the juridical proscriptions associated with sovereignty. The complex challenges associated with the constitutional settlement in South Africa is not our central concern. Rather, by attending to the practices of two artists working within this context we hope to shed light on a broader problematic. The oldest questions of legal and political theory – the nature of the body politic, the territorial limits of political power and the aspirations of the common good – are today being reposed with a renewed urgency. It is our contention that turning to art and literature helps unseat the predominant affective disposition installed by contemporary juridico-political techniques. We think that the South African case, as it has been tumultuously unfolding for the past nearly 25 years, can offer some important insights here, especially as it demonstrates how the affective force of sovereignty reaffirms a deeply held anthropocentricism that we must today begin to challenge if we are to avoid an eternal return of well-worn scripts that equate constitutional sovereignty with justice. We begin by unpacking our approach to affect before moving to discuss sovereignty, South Africa, Coetzee and Mntambo.

Tuesday, October 18, 2016

Dan Matthews Speaking at the University of Helsinki on Sovereignty in the Age of the Anthropocene

Dr Dan Matthews will be speaking at the University of Helsinki on 19 October 2016 on "The Sense of Sovereignty in the Age of the Anthropocene". The Political Constitutional Theory (PolCon) website describes the seminar as follows:
"The ‘Anthropocene’ names a new climatic regime in which human activity has begun to shape the Earth’s geological, ecological and atmospheric constitution. If the sixteenth century was marked by the West’s ‘discovery’ of new areas of the globe, along with distinct modes of its inhabitation, climatologists have today discovered a new relation that the human has to the earth and its atmosphere. The fact that humans have become a geological force is attributable to the impact of ‘modernity’, the result of industrialisation, technological progress and an enormous expansion of the human population. The political exigencies that this new age of discovery provokes are well known, precipitous and unsettling. This paper will offer some preliminary thoughts on how the changing reality to which the ‘Anthropocene’ signals challenges dominant modes of political and legal thinking. In particular, the paper will suggest that ‘sovereignty’ a concept deeply embedded with the history of modernity and still, in so many ways, constituting the contemporary world, deserves renewed, critical attention. A concept born as the last ‘age of discovery’ got into its stride, can sovereignty still constitute the limit of our legal and political horizons in the age of the Anthropocene?"
For more details, click here.

Monday, September 26, 2016

Dan Matthews on Plasticity, Jurisdiction, and the Interruption of Sovereignty (Law & Literature)

Daniel Matthews
Law & Literature
Aug 2016, pp. 1-22
Abstract: In a series of recent interventions Catherine Malabou, the contemporary French philosophy of “plasticity,” argues that celebrated “deconstructions” of sovereignty have failed to transcend the concept's constitutive division between “symbolic” and “biological” life. Malabou's argument conspicuously fails to address the role of the juridical in giving form to sovereignty, an omission that is addressed here through an assessment of “jurisdiction.” This turn to the juridical opens a space for further critical reflection on Malabou's thinking. Through a reading of José Saramago's novel Seeing we can displace Malabou's insistence on the centrality of cerebral “life” in her effort to deconstruct the symbolic/biological binary and instead gesture towards a collectiveand affective “life” that remains refractory in relation to the juridical forms that sovereignty seeks to impose. Pointing to important tensions inherent in Saramago's text, the article brings critical pressure to bear on the position, articulated by Michel Foucault and endorsed by Malabou, that we need to transcend sovereignty tout court.