Introduction
OMAR DAHBOUR
Today there is an increasing urgency about the many attempts currently under way to revisit fundamental problems of democratic and state theory. Advocacy of the democratization of the state appears increasingly anemic in the face of the cooptation of legal systems, the expansion of policing agencies, and the brutalization of whole populations by military and financial means that are the common coin of the present. If there is an adequate political response to these initiatives of the wealthy and the powerful, it cannot only consist of the democratization of existing state structures; rather, these very structures need to be reconsidered for their efficacy in realizing emancipatory and egalitarian goals. But neither can these state structures be simply swept awayâeven if this were possible. The options of a truly liberal democracy and a thoroughly libertarian anarchy seem equally foreclosed for the present. If democracy is then to be usefully radicalized in service to emancipation and equality, its meaning must be reexamined in relation to other more fundamental political norms that can provide the ineradicable context for such radicalization.
This is one lesson that is taught by all the selections from the first part of this volume. Each in its own way calls for such a reexamination. Furthermore, there are some commonalities in how this intellectual project of rethinking the state should proceed. Three such common themes will be briefly mentioned here, followed by an explication of how these themes are developed by the four individual contributors to this section.
One commonality of all the following four authors is the idea that democratic politics always takes place within a larger struggle for power, hegemony, or sovereignty. The latter term is preferred: power has its specifically political manifestations, and these are ignoredâor subsumed within notions of âsocialâ power or cultural hegemonyâat our peril. In fact, there is a new âsovereignty debateâ taking place and at least three of the contributors (the exception is Carol C. Gould) aim to make a contribution to this debate in one way or another.
A second commonality is that that the renovation, revitalization, or radicalization of democracy can take place only in a global context. This means different things to different theoristsâand all but one of the contributions to this section (with Brennan and Ganguly being the exception) have specific ideas about what is required. But it always implies the importance of recognizing that democratic politics within putatively sovereign states can be affectedâencouraged, strengthened, weakened, or destroyedâby political forces and events at a global scale. Rather than attempting to ignore this fact, political theory should take it fully into consideration in reformulating what is meant by democracy. Politics, in other words, is about much more than what is traditionally referred to as âinternal sovereigntyââwho has power (the people, the politicians, the elites) within a sovereign state. Equally significant is who possesses the âexternal sovereigntyâ necessary to maintain or protect democratic experiments.
Finally, one thing on which all the contributors agree is the necessity of aiming at a new conceptualization of political power or sovereignty that enables democracy to flourish again as a form of the state. There is, of course, substantial disagreement about what form this should be. While Brennan and Ganguly invoke a âprinciple of hopeâ and Buck-Morss advocates the development of a new nomos, Gould and Benhabib argue for more specific concepts, such as âtransnational democracyâ and ârepublican federalism.â But all concur that the possibility of a radical democratization of the state needs to be placed on the contemporary political agenda.
Brennan and Ganguly begin with the claim that contemporary US politics is based on the acceptance of or acquiescence in the theft of the 2004 presidential election by the Republican Party. The result was to accustom the political elites to further subordination to a politics of âtechno-medievalismâ without precedent: the employment of advanced technological means of incantation, intimidation, and incarceration, all to further the centralization of power by a group of political insiders cloaking their moves with the cynical deployment of fundamentalist discourse. What conclusions do the authors draw from this characterization of US politics, 2004â2006? First, that any evasion of the crudity of how power has been wielded will fail to draw the obvious conclusion that the key to power has been and continues to be the control of the state and its deployment for consolidating further power. Any radical response that has a chance of redemocratizing the US will first have to seize state power, just as its enemies have done. A new discourse capable of âunmaskingâ the false and cynical consciousness of those who have power must be followed by one that articulates the desirability and inevitability of a political leadership unafraid to take power itself, though a leadership also without elitist or âvanguardistâ tendencies.
Second, this requires a long-term assembly of an oppositional civil society capable of taking power, based on a clearly articulated âutopian projectâ and eschewing any version of the ârealismâ that accedes to the demands of short-term accommodation. Here, Brennan and Ganguly make reference to the two thinkers most influential on the neoconservative movement in the USâLeo Strauss and Carl Schmitt. Brennan and Gangulyâs view, contrary to that of Susan Buck-Morss in her essay that follows, is that Schmitt is much less useful to oppositional movements than is Strauss. It was the latter who taught conservatives to forgo the everyday politics of realism for a long-range strategy of taking power based on a radically alternative vision of politics (that is, alternative to the prevailing politics of liberal welfarism in the 1960s and 1970s). This strategy was itself based on neoclassical ideals of political life taken from a tendentious reading of Plato, Machiavelli, and Hobbes, among other political philosophers. Schmitt, on the other hand, with his âfriendâenemyâ concept of the political, and his âstate of exceptionâ notion of sovereignty, affirmed a much âpurerâ power politics, devoid of principle or vision. It is an existential concept of politics, not susceptible to any rational or normative justificationâand also one unable to articulate a vision of social life other than that of unending agonistic strife. Schmitt is unable to offer a view of sovereignty useful for emancipatoryâegalitarian political movements, since he equates sovereignty with the capacity for the arbitrary assumption of commandâwith dictatorship. Democratic oppositions need a concept of sovereignty that provides them with hope for an end to arbitrary power, not one that assumes the irreducibility of political violence and struggle.
This concept of sovereignty must include two things. First is the notion that, as Brennan and Ganguly put it, âeffective political action is always about controlling the stateâ (Chapter 1, this volume, p. 33). This still involves a movement based in civil society, not an appeal to political elites. But this movement must form around a âutopian goalâ or âshared idealâ of a new society, including a new form of the state. If such an effort is to succeed, it can be neither an instrumental accommodation to power nor a pragmatic negotiation of divergent group interests. The RousseauianâHegelian project of reimagining the state must be taken up again. Above all, political âescapismâ is precluded, for the reason that such escapism is itself possible only when permitted or enabled by a certain sort of state institution. In the age of the national security state, no such possibilities exist. So no âcounterhegemonic imaginings,â âendorsements of quotidian subversion,â or âpopular-cultural resistanceâ can substitute for state power and the seizure thereof.
Second, the notion of the ethical state must be revived. Not to do so is to acquiesce in the notion that all power is arbitrary powerâthat sovereignty is equivalent to dictatorship. This neo-Hobbesian notion has been most famously revived by Carl Schmitt in his concept of the âfriendâenemyâ distinction underlying all state institutions.1 The stateâand by extension, political life in generalâis, in Schmittâs account, always based on an existential encounter between peoples who identify the other as friend or enemy. Politics, in this view, generates its own meaningâand this meaning cannot be translated into the ethical terms of good and bad, just and unjust.
Brennan and Ganguly reject such a notion of power; but, since they do not seek out the intellectual foundations of an alternative conceptualization of state power, they are left doing what Schmitt has so powerfully criticized as an imposition of moralistic and legalistic constraints that inevitably weakens sovereign authority.2 While constraints on state power are not to be shunnedâin fact, they are crucial for making such power nonarbitraryâthey are also not a sufficient characterization of the purposes of the state. Power is not simply an instrument for the enforcement of moral or legal rules; it is an enabling capacity for the achievement of social goals (of equity, justice, redistribution, investment, and so on). The alternative to a Schmittian Machtpolitik is not the liberal state, minimally enforcing a ârule of law.â It is an Hegelian Polizeistaat, properly understood (and translated) as a âwelfare stateââa state that utilizes its power for the public good.3 This was the real âenemyâ of the Schmittian attack on the German constitution in the 1920s and 1930s, since that constitution had been formulated in part by democratic and socialist parties influenced by this neo-Hegelian idea of the ethical state.
Susan Buck-Morss differs from Brennan and Ganguly in arguing that a Schmittian approach to sovereignty can be useful for a critique of the neo-Marxian theory of the state. For Buck-Morss, it is important to recognize that sovereignty is distinct from a simple affirmation of state power. For her, Schmitt made this distinction central to his understanding of nomos, the concept of law-giving or -creating. The establishment of the state itself depended on having the power to build or constitute a regime, along with its own rule of law. This power was central to the idea of sovereignty, common to Schmitt, Weber, and others, as the monopolization of violence. The ability to monopolize violence led to the creation of legitimacy for a state and its laws. This understanding of sovereignty as a kind of originary power means that sovereignty and state power are not the same; the latter is derived from the former, in fact. Any attempt to theorize oppositional politics must recognize this form of power as antecedent to and determinative of state power as such.
Buck-Morss elaborates a neo-Hegelian narrative of sovereign power that suggests the possibility of an oppositional sovereignty for the future. Thus, sovereignty originates in the unitary rule of the Church, followed by a multiplicity of sovereign states, and culminating in an idea of national sovereignty, semi-independent, and normatively determinate, of state sovereignty as such. At the end of her essay, Buck-Morss turns to think about what might lie beyond this narrative. But first, she argues that understanding the importance of this nonstate sovereignty, this ânomos of the earth,â in Schmittâs terminology (which Buck-Morss favors), lies in also leading us beyond the blindspot about the state that is found in neo-Marxian (and perhaps other radical) theories.
It is the idea that the state, once its authority is breached, could âwither awayâ that is inimical to serious radical theorizing about the state, according to Buck-Morss. Such an idea implies that the economy is a free-standing, and potentially self-regulating, system which can function independently of states. This idea, from a Schmittian perspective, is nothing less than a denial of the reality or importance of âthe politicalâ in social life. But, this denial is not a merely theoretical point; it is also politically disabling, since without a conception of a new form of sovereignty (nomos), no alternative form of power can be legitimated once the state is overthrown. Besides, the patent unreality (or âeconomismâ) of viewing economies or markets as self-regulating or administering opens the door to the reconstruction of state power, legitimate or not.
So the revival of state power as a desideratum of radical emancipatory politics is necessitated by the flawed economistic assumptions of neo-Marxian state theory. The fact that Marx in Capital devastatingly criticized the idea of the market economy as a free-standing, self-regulating entity did not prevent him (and later Marxians) from reimporting this idea into their concept that, absent the market economy, the âadministrationâ of society would be a simple matter entailing the âwithering awayâ of the state. Even someone as politically astute as Lenin was not immune, in his theoretical work (that is, in State and Revolution), from making this assumption.4 As Buck-Morss concludes, âThat is a blind spot in Marxist thought, which did not deal with the problems of sovereign legitimacy and violence that actual Marxist regimes later had to faceâ (Chapter 2, this volume, p. 58).
The sovereign state will therefore continue to be needed to regulate economic life. The fact that, as Marx maintained in the German Ideology,5 the economy is more able, through the rule of economic elites, to dominate the state than vice versaâin capitalist societyâdoes not mean that in postcapitalist societies the state will not still be needed to prevent the reemergence of capital accumulation and its attendant inequities. And, for that matter, as Buck-Morss has emphasized, whichever postcapitalist societies arise will need states that can ensure and protect the gains made in the face of restorationist pressures by global capital and its imperial allies. What this role for the state will be and how it changes the theory of sovereignty for the postnationalist era is what we need to consider now.
As a basic concept, most clearly formulated by Max Weber, sovereignty is taken to be âmonopoly over the means of violenceâ possessed by a legitimate authority.6 The critique of sovereignty from Locke to Weber was primarily concerned with who rightly possessed such authority. But, since Weber, the idea has arisen that perhaps political life can dispense with sovereignty in general. In other words, the idea has been put forward (for instance, by Hannah Arendt) that politics requires no such exclusive or final authority, and that violence itself is not essentialâand may even be inimicalâto political action.7
So it may be useful to recall the purpose and role of the basic idea of sovereignty. Here is how Buck-Morss puts it: âThe state is not only a means of wielding power ⌠It is power ⌠The state not only makes laws but embodies the Law that makes laws legal. It is not just a legislating or administrating state, but a legitimating, sovereign stateâ (Chapter 2, this volume, p. 50). Sovereignty is therefore the entity that binds together into an indissoluble whole the state, laws, and legitimate violence: it is what gives purpose to the state, force to the laws, and authority to the use of violence. Power is of the essence of all these institutions, and it is power that is legitimately wielded by those who are sovereign.
To identify who today can claim such legitimacy requires the creation of nothing less than a new conception of nomos or sovereignty. Contrary to older concepts of sovereignty (such as Schmittâs), it must now include commitments not only to âglobalizingâ democratic governance, as Carol C. Gould claims, but to a just reorganization of the goods and rights pertaining in (global) civil society, as Seyla Benhabib maintains. How this new global sovereignty can be made democratic is the subject of Carol C. Gouldâs article. Gould, however, prefers the term âtransnational democracyâ to talk of sovereignty. The reason is that her concern is one of extending democratic rights beyond the limits of sovereign states, as traditionally conceived. Rather than attempting to renovate the concept of sovereignty, Gould prefers to focus on the creation of political communities (and the corresponding imputation of political rights) across competing claims for sovereignty. In this way, she hopes to ensure the revitalization of democratic initiativesâmaking them transnational (not to say, global) provides the opportunity for new alliances and solidarities.
Transnational democracy consists of four elements, in her account:
- cross-border associations of people(s) engaged in common activities (e.g., communication, trade, education);
- regional human rights (legal) frameworks that can provide a basis for making claims on undemocratic regimes;
- the development of means of democratic participation by all those importantly affected by long-distance (i.e., global) state or market actions; and
- forms of transnational solidarity with other democratic or emancipatory movements.
The most original and important of these elements are the first and thirdâthe encouragement of cross-border communities and the claim to cross-border democratic participation. In the first case, it is the creation of transnational networks of people similarly identified or employed that provides the social basis for linkages of various kinds. Gould argues that the oft-cited phenomenon of globalization can provide the empirical basis for crucial normative claims to democracy: at its most general, âglobalizationâ can be defined as linkages of various kinds between distantly situated peoples. To the extent that these linkages are real, they provide the basis for arguing that the common activities creating these linkages ought to be codetermined by all the participants involved. So, in the first instance, such transnational linkages provide reasons for making human rights claims transnational or regional (not to say, global): all rights violations in regions of linked socioeconomic activity ought to be adjudicated according to similar criteria (of right). Second, these cross-border linkages provide the underlying âsocial empathyâ upon which to base solidaristic actions. To the extent that these linkages are institutionalized in associative communities of some kind, such solidarities are accordingly strengthened.
Finally, and most importantly, transnational associations (whether formal or informal) provide the rationale for according distantly affected others rights of democratic participation. This is where transnational associations can become transnational democracies. Gouldâs claim is that all those âimportantly affectedâ by actions are entitled to participate in the determination of those actions. âImportantly affectedâ means affected in terms of their basic (human) rights. Thus, those affected by stat...