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A Critique of Sovereignty

A Critique of Sovereignty

Daniel Loick | Axel Honneth | Amanda DeMarco

(2018)

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Book Details

Abstract

In this important new book, Daniel Loick argues that in order to become sensible to the violence imbedded in our political routines, philosophy must question the current forms of political community – the ways in which it organizes and executes its decisions, in which it creates and interprets its laws – much more radically than before. It must become a critical theory of sovereignty and in doing so eliminate coercion from the law.

The book opens with a historical reconstruction of the concept of sovereignty in Bodin, Hobbes, Rousseau, and Kant. Loick applies Adorno and Horkheimer’s notion of a ‘dialectic of Enlightenment’ to the political sphere, demonstrating that whenever humanity deemed itself progressing from chaos and despotism, it at the same time prolonged exactly the violent forms of interaction it wanted to rid itself from. He goes on to assemble critical theories of sovereignty, using Walter Benjamin’s distinction between ‘law-positing’ and ‘law-preserving’ violence as a terminological source, engaging with Marx, Arendt, Foucault, Agamben and Derrida, and adding several other dimensions of violence in order to draw a more complete picture. Finally, Loick proposes the idea of non-coercive law as a consequence of a critical theory of sovereignty.

The translation of this work was funded by Geisteswissenschaften International – Translation Funding for Humanities and Social Sciences from Germany, a joint initiative of the Fritz Thyssen Foundation, the German Federal Foreign Office, the collecting society VG WORT and the Börsenverein des Deutschen Buchhandels (German Publisher & Booksellers Association)
Daniel Loick is Assistant Professor of Philosophy at the Goethe-University Frankfurt, Germany. He is the author and editor of several books published in German.
An essential reading on sovereignty, Daniel Loick’s book is a real feast in political theory. Moving effortlessly through a wide array of thinkers from Jean Bodin to Walter Benjamin and beyond, Loick reconstructs modern theories of state sovereignty with remarkable systematicity and erudition, only to problematize and decenter this dominant tradition with the best tools of contemporary critical theory. With an acute sense of irony, he deciphers the contradictions that characterize the great thinkers of sovereignty and offers a patient demystification of the modern state. Loick reminds us that law without coercion and life without sovereignty are not only possible but also eminently desirable.
Banu Bargu, Professor of History of Consciousness and Political Theory, University of California

As richly erudite as it is thoughtful and provocative, A Critique of Sovereignty is remarkable for the sheer number of literatures it plumbs--across the history of political thought and across multiple generations and genres of critical theory. Loick also models thinking expansively, rigorously and imaginatively about one of the important predicaments of our time: democratic possibility at the end of the nation's state monopoly of political power and violence. Beautifully written and translated, this is a book to read, ponder, argue with and teach.
Wendy Brown, Class of 1936 First Professor of Political Science, University of California, Berkeley
Daniel Loick’s book offers a masterful critique of traditional theories of sovereignty from Bodin through Hobbes and Rousseau to Kant; a compelling reconstruction of critical theories of sovereignty from Marx through Benjamin and Arendt to Foucault, Derrida, and Agamben; and a bold and ambitious proposal for rethinking critical theory beyond the concept of sovereignty. A timely, original, and insightful contribution to contemporary critical theory.
Amy Allen, Liberal Arts Professor of Philosophy and Women's, Gender, and Sexuality Studies, Penn State University
Most contemporary critical theory looks at sovereignty as something to democratize or improve, thus failing to set up a thorough critique. On the contrary, Loick does not aim at making sovereignty work better. With this book, he radically questions its very legitimacy. This is critical theory at its best.
Chiara Bottici, Associate Professor of Philosophy, The New School for Social Research

Table of Contents

Section Title Page Action Price
Contents 7
Foreword 9
Introduction 17
Notes 24
I: Traditional Theories of Sovereignty 25
1. Order and Orientation: Primitive Usurpation (Jean Bodin) 28
1.1 What Is Sovereignty? 29
1.2 Competence-Competence and Limitation-Limitations 35
1.3 Peace through Violence 40
2. Binding and Blinding: The Rhetorics of Obligation (Thomas Hobbes) 41
2.1 Might Is Right 42
2.2 The State and Its Limits 51
2.3 The Ironic Justification of Power 57
3. Divide and Conquer: Autonomy as Heteronomy (Jean-Jacques Rousseau) 61
3.1 The Problème Fondamental and Its Solution 62
3.2 What Is Popular Sovereignty? 66
3.3 Forced Freedom 74
4. Internalise and Internationalise: Subordinate Sovereignty (Immanuel Kant) 77
4.1 The Human Right to the State 77
4.2 The Rule of Reason 83
4.3 Coercion and the End of Reason 93
5. Interim Conclusion: Ironies of the Political 95
Notes 97
II: Critical Theories of Sovereignty 113
1. The Critique of Law-Positing Violence (Karl Marx and Hannah Arendt) 119
1.1 The Dawn of Critical Sovereignty Theory: Karl Marx 119
1.2 Sovereignty as the Loss of Politics: Hannah Arendt 128
1.3 Marx and Arendt: A New Virtuosity of the Political 135
2. The Critique of Law-Preserving Violence (Walter Benjamin and Michel Foucault) 137
2.1 Critical Theory of the Police: Walter Benjamin 137
2.2 The Law of Sovereignty, the Mechanics of Discipline: Michel Foucault 147
2.3 Benjamin and Foucault: Politics beyond the State 157
3. The Critique of Law-Withholding Violence (Giorgio Agamben) 158
3.1 Exception and Exclusion 159
3.2 Exception and the External 164
3.3 Sovereignty and Latency 168
4. The Critique of Law-Interpreting Violence (Robert Cover and Jacques Derrida) 170
4.1 The Non-Opposition of Law and Violence in the Work of Robert Cover 171
4.2 Aporias of Decision in the Work of Jacques Derrida 175
4.3 The (Im)possibility of the Non Liquet 178
5. The Critique of Law-Splitting Violence (Feminist Critique of Sovereignty) 183
5.1 The Four Dimensions of the State’s Masculinism 183
5.2 Feminist Critique of Sovereignty: Abortion, Bio-Politics and Omnicompetence 187
5.3 Post-Masculine Politics in the World of Sovereignty 190
Excursus: Law-Replacing Violence (Problems of Passage) 191
Notes 198
III: Critical Theory without Sovereignty 215
1. Law without Coercion (Hermann Cohen) 220
2. Commandment without the State (Franz Rosenzweig) 226
3. Participation and Dissidence: Consequences of a Critical Theory of/without Sovereignty 234
Notes 241
IV: Literature 249
1. Abbreviations 249
2. Further Literature 252
Index 267