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Not an Immigrant Country?

Non-Western Racism and the Duties of Global Citizenship

Adam K. Webb

The rise of non-Western societies, especially in Asia, to greater global influence demands greater scrutiny of how they engage the rest of the world. To date, every society with high levels of immigration is in Europe or a product of the European empires. The erosion of ethnically and racially inflected understandings of citizenship has also gone much further in the modern West than in East Asia or the Gulf States. Notably, however, liberal political theorists who make the case for a cosmopolitan opening of borders remain silent on such non-Western patterns of racial exclusion. Non-Western societies often claim that, because they are 'not an immigrant country', they should not be held to the same standards of openness and non-discrimination. International law, a product of the postcolonial moment, also has a blind spot on these issues. This article challenges such double standards. It suggests that the implicit normative argument for greater Western openness – collective guilt over the colonial experience and resulting racial stratification – leads in unexpected directions, implicating Asian societies in ways that they do not yet recognise.

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Yusuf Has

My aim in this article is to move the problematic of violence and its role in politics to a historico-ontological plane. I propose a perspective that breaks with the dominant subjectivist concept of human violence and its metaphysical foundations, which fail to distinguish this concept from that of aggression. According to this perspective, we are already in the field of violence in our everyday social existence, regardless of our personal choices or intentions, the sources of which are systemic. The ontological essence of this systemic violence lies in the fact that it is not external to human subjects but is engraved in their very social being by penetrating into the discourses, practices and frames of mind that make up their historical disposition, which makes it in many instances harder to escape than subjective violence. What I call from this ontological perspective the 'violence of closure' has the effect ultimately of suppressing the possibilities of social being open to human beings in their given historical situation, by normalising the existing way of social and political existence, and closing them off to alternatives. I argue that to this violence of closure must be opposed the violence of dis-closure, which, in its various particular intellectual and practical forms, can open up human social existence to its repressed possibilities.

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Ex Aqua

The Mediterranean Basin, Africans on the Move, and the Politics of Policing

P. Khalil Saucier and Tryon P. Woods

Within the annals of black studies, analyses of state power begin with a well-trod premise that policing is not a response to criminal behaviour; nor is it an extension of a criminal justice apparatus whose operations can be accounted for by political economy alone. Rather, the police power is foremost a cultural phenomenon irreducible to materialist conceptions of social control in a capitalist world system. More to the point, policing is a methodology for social organisation premised on antiblack sexual violence. We consider several recent events of state power in the Mediterranean basin – as in the Lampedusa boat victims – in order to ascertain the erotic authority governing the police power of state and civil society. By using the Lampedusa case and others, we highlight that police power in the Mediterranean is more than the interpersonal and the event, but instead manifests as a methodology of violence by the state and its regimes, as history, as legacy. The policing and murder of hundreds of Africans in the Mediterranean we contend are not single and episodic events or moments in time, but are situated in the accumulated violence against black people globally. Without an analysis of antiblackness in relation to policing as methodology, events such as Lampedusa can be seen and understood as moments of exception (i.e. bad FRONTEX policy) rather than a practice that fully follows racial slavery. Without understanding policing from this standpoint, the political reaction to Lampedusa and other events has the danger of promoting 'reform' and 'revision' rather than a more radical vision: a future where black lives matter.

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Fabricating the Color Line in a White Democracy

From Slave Catchers to Petty Sovereigns

Ben Brucato

Though states are founded in and dependent on successfully claiming a monopoly on the use of violent force and the certification of citizenship, these means suggest particular ends: the production of the social order. Police have the primary mandate to produce order and administer poverty. From a new abolitionist perspective, the particular social order of the U.S. is unique. The white race was founded through the production and maintenance of the color line and performed through a cross-class alliance of whites. Policing is deeply implicated in these processes. A historical account of police during the Herrenvolk era is provided. Finally, the persistence of racist policing is explained in light of a now officially color-blind political order, with officers functioning as petty sovereigns in a neoliberal era.

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Foucault

Critical Theory of the Police in a Neoliberal Age

Andrew Johnson

In Discipline and Punish the police is a state institution isomorphic with the prison. In his Collège de France lectures, Foucault unearths a 'secret history of the police' where greater attention is paid to public health, social welfare and regulating the marketplace than investigating and arresting criminals. This broad overview of Foucault's writings on the police exhibits a 'splintering-effect' in his modalities of power. To resolve this apparent contradiction, a nominalist reading that conflates Foucault's divergent paradigms of power results in a more multifaceted history and a ubiquitous mode of power with diverse and precise techniques. There are strengths and weaknesses in Foucault's theory when applied to modern neoliberal police. Foucault should not be employed for one-dimensional criticisms of modern police or as an analytical cure-all.

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Jérémie Barthas

‘No government can protect the rights of citizens without rigorous police, but the difference between a free regime and a tyrannical one is that, in the former, the police are employed against that minority opposed to the general good as well as against the abuse and negligence of the authorities; whereas, in the latter the State police are employed against the down-trodden who are thus delivered into the hands of injustice and impunity’.

This declaration was not a reaction to the Marikana massacre (16 August 2012), when a British mining company operating in South Africa had a special unit of the post-Apartheid South African Police Service murderously repress a mine workers strike, by means of mass shooting; many of those killed were later found to have been shot in the back as they ran away from the volley of bullets. It was made about two hundred and twenty years before, in April 1794, when revolutionary France was experiencing its most tragic moments. In the context of the Terror, and facing the necessity to discipline it, its author, Saint-Just (1767–1794), redeployed some of the most classical concepts in the History of Political Thought – freedom versus tyranny, general good versus particular interest, elite accountability versus impunity of power – in order to provide the ideological principles framing the organisation, within the web of the revolutionary police, of a special office in charge of the surveillance of the Executive and of public authorities.

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Louis-Antoine Saint-Just, Christopher Fotheringham, and Jérémie Barthas

We are publishing here the first modern English translation of the report on police and other matters presented by Louis-Antoine Saint-Just to the National Convention on 15 April 1794. This was his last report: his last appraisal of the history of the French Revolution since 1789, his last analysis of the social and economic consequences of the ongoing fight between revolutionary and counter-revolutionary forces and his last sketch on what still needed to be done to secure the foundations of the young Republic. A few months later, the 10th Thermidor year II of the French Republic (28 July 1794 CE), Saint-Just was guillotined in Paris, Place de la Révolution.

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Egalitarian Liberalism

What Are Its Possible Futures in South Africa?

David Bilchitz and Daryl Glaser

Liberalism is associated by many with the protection of private property and the insulation of economic markets from state intervention. Yet the liberal tradition is very diverse, and some have taken its concern with equality and liberty in radically egalitarian directions that belie the reduction of liberalism to market-fundamentalist ‘neoliberalism’.

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David Bilchitz

These modern constitutions that have been adopted largely in the Global South enshrine a set of divergent values and rights that embrace both political philosophical concerns relating to liberty as well as distributive equality. This article seeks to grapple with the approach to distributive justice that can best give expression to the multiple normative commitments of these constitutions as well as key institutional features thereof. I argue for these societies to adopt what I term a two-tier theory of distributive justice: these theories require a set pattern or threshold to be achieved in a certain domain but also allow for a tolerable variation in resource distribution in another domain. I seek to show how two of the foremost egalitarian liberal theories of distributive justice – that of Ronald Dworkin and John Rawls – exemplify this structure as well as the resources they have to address the problems thereof. I then argue that a two-tier structure of a theory of distributive justice can help explain and reconcile key features of these modern constitutions. In particular, I shall seek to show the manner in which such theories conform to understandings of the role of a constitution, and the importance of preserving space for democratic decision-making. At the same time, two-tier theories assist in delineating the appropriate role constitutional courts should play in addressing the distribution of economic resources in society. These theories also have important implications for the role of the state and markets. Such a structure, I shall conclude, gives effect to a particular conception of equality as well as liberty and so manages to reconcile these two normative values.

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Richard Calland

Part of the popular attraction of transparent governance and freedom of information is that it has the potential to reconfigure venerable information asymmetries between state and citizen. Is this an expression of the liberal genealogy of the idea? Based on four foundational considerations, this article argues that the 'new' practice of the right of access to information (ATI) suggests that the idea can escape its liberal heritage to serve egalitarian socio-economic outcomes. The first explores the genealogy of ATI as a right, examining its 'liberal' roots. The second considers the idea that liberal rights are, per se, non-progressive or anti-egalitarian. Accordingly, the third examines the nature of the right. The fourth considers the praxis and the emerging empirical picture to see if it supports ATI's embryonic 'theory of change', which casts ATI as a 'power right', which in practice, and subject to certain conditions, enables ATI to adopt an egalitarian disposition.