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American Extraterritorial Legislation

The Data Gathering behind the Sanctions

Ali Laïdi

Abstract

Since the early 2000s, the United States’ different administrations of justice have been prosecuting foreign companies suspected of violating US laws on bribery of foreign public officials and of failing to respect embargoes and economic sanctions. Even if these violations take place outside US borders, the American prosecution authorities (including the Department of Justice, the Securities and Exchange Commission and the Office of Foreign Assets Control) consider themselves legitimate to intervene. European multinationals have been particularly sanctioned. For instance, in 2014, fines reached up to 9 billion dollars for the French bank BNP, which was accused of using dollars in its transactions with certain countries sanctioned by the US (mainly Iran, Cuba and Sudan). Punishing companies and hitting them in the wallet are not the only objectives of the American administration. The United States takes advantage of legal procedures against foreign companies to collect millions of bytes of data, sometimes including sensitive information on them as well as on their partners and markets. Facing this legal offensive, Europe is still struggling to provide responses to protect its companies.

Open access

Communication, Context, and Narrative

Habermas and Contemporary Realist Thought

Navid Hassanzadeh

Abstract

Although often cast by realists as an exemplar of moralist or rationalist thinking, Jürgen Habermas and certain commentators on his work reject this characterisation, highlighting elements of his thought that conflict with it. This article will examine dimensions of Habermas's work that relate to many realist concerns in political theory. I argue that while he escapes the commonplace caricature of an abstract thinker who is inattentive to real world affairs, Habermas's claims in relation to communication, historical and empirical context, and the development of rights in history, reveal a narrow consideration of what defines context and a progressivist narrative of history that fails to address seemingly outdated beliefs and political forces. An analysis of these issues can serve to inform understandings of these topics in realist thought and in political theory more broadly.

Open access

Postcolonial Finance

The Political History of ‘Risk-Versus-Reward’ Investment in Emerging Markets

Cecilia Schultz

Abstract

This article politicises the discourse of emerging markets in global finance. The black-boxed appearance of credit markets easily obscures the significant amount of subjective evaluation and cultural work that underpins capital flows. This article reveals the colonial, masculine, and racial imagination that informs the articulation of emerging markets as geographies of risk and profit. This brings into view the postcolonial nature of contemporary finance and how colonialism's regimes of power and knowledge remain crucial for the reproduction of the global political economy. To illustrate this point, the article highlights the sociality of credit practices. Contrary to their mathematical appearance, credit is a relationship with the future, mediated by social imaginations of trust. Focusing on emerging markets as ‘risk-versus-reward’ investments, this article examines the long-term colonial histories embedded in modern investment discourses. The article aims to show the continuing relevance this history plays for emerging market economies in modern financial markets and their political economies.

Open access

Fadi Amer

Abstract

This article explores Amartya Sen's understanding of freedom, and performs two central functions, one classificatory and the other substantive in nature. First, I situate his reflections within canonical understandings of liberty, finding an irreducible pluralism incorporating positive liberty in ‘capability’ alongside negative and republican liberty in ‘process’, which is subsequently unified in the notion of ‘comprehensive outcomes’. Secondly, I attempt to find a normative referent for the intrinsic value of choice, and thereby indirectly that of freedom, in his account. In contrast to the liberal subjectivity one might – I believe, mistakenly – attribute to Sen's deployment of neoclassical economic frameworks, I instead argue for a re-interpretation of his account, inspired by the sociological literature on embodiment. Here, an ‘encumbered’ subject must inherit and transcend a normative totality to become an agent in the fullest sense.

Open access

Takamichi Sakurai

Abstract

This article methodologically explores Erich Fromm's theory of narcissism in socio-theoretical terms while referring to his theory of alienation. It thereby portrays the foundations of an analytical method of far-right politics in the context of capitalism and demonstrates that malignant narcissism touches off fascism without regard to authoritarianism. Essentially, the Freudian psychoanalytic concept of narcissism lies in Fromm's social theory. However, it is possible to discern the theoretical essence of his social theory characteristically in his conception of alienation. By focusing on this theoretical concern, I argue that in Fromm's social theory the concept of narcissism works on a socio-pathological level, particularly in the way in which it synchronises with alienation, a social phenomenon that fulfils its important functions in conjunction with the marketing orientation under the conditions of a market society, and therefore that the concept plays an overriding role in his theory of alienation. I conclude that the relevance of a Frommian critical social theory of narcissism for our society is best showcased by the concept of postfascism.

Free access

Maša Mrovlje and Jennet Kirkpatrick

Of late, resistance has become a central notion in political theory, standing at the heart of attempts to respond to the dilemmas of contemporary times. However, many accounts tend to ascribe to an idealised, heroic view. In this view, resistance represents a clear-cut action against injustice and stems from individuals’ conscious choice and their unwavering ethical commitment to the cause. Some liberal scholars, most notably Candice Delmas and Jason Brennan, have argued that citizens of democratic societies have a moral duty to resist state-sanctioned injustice. This resistance occurs either through ‘principled – civil or uncivil – disobedience’ or through ‘defensive actions’ (Delmas 2018: 5; Brennan 2019: 15). While acknowledging that pervasive injustice can compromise our cognitive and moral capacities, however, their articulation of our political obligation to resist refrains from a sustained examination of the moral dilemmas, uncertainties and risks that arise when fighting systemic oppression (Delmas 2018: 198–222; Brennan 2019: 28–59, 210–14).

Free access

Derek Edyvane and Demetris Tillyris

‘The fox knows many things, but the hedgehog knows one big thing’. -Archilochus quoted in Berlin, The Hedgehog and the Fox, 22

The fragment from the Greek poet Archilochus, quoted in Isaiah Berlin’s essay ‘The Hedgehog and the Fox’, serves as a metaphor for the long-standing contrast and rivalry between two radically different approaches to public ethics, each of which is couched in a radically different vision of the structure of moral value. On the one hand, the way of the hedgehog corresponds to the creed of value monism, reflecting a faith in the ultimate unity of the moral universe and belief in the singularity, tidiness and completeness of moral and political purposes. On the other hand, the way of the fox corresponds to the nemesis of monism, the philosophical tradition of value pluralism, to which this collection of essays is devoted. This dissenting countermovement, which emerges most clearly in the writings of Isaiah Berlin, Stuart Hampshire, Bernard Williams and John Gray, is fuelled by an appreciation of the perpetuity of plurality and conflict and, correspondingly, by the conviction that visions of moral unity and harmony are incoherent and implausible. In the view of the value pluralists, ‘there is no completeness and no perfection to be found in morality’ (Hampshire 1989a: 177).

Free access

Andrew Benjamin and Francesco Borghesi

This special issue arose from a workshop on “Peace and Concord from Plato to Lessing”, organised by the editors and which took place at the University of Sydney on 18 and 19 September 2017. Central to the work of both the editors is the relationship between the concepts of ‘concord’, ‘peace’ and ‘dignity’ within a setting created by a concern with the development of a philological anthropology. Their work combines both intellectual history and philosophy, a combination that is reflected in the contents of the special issue of Theoria. The importance of these terms is that they allow for another interpretation of the ethical and the political. Central to both is the location of human being within a larger cultural context. That context demands an approach in which philosophy does not exclude history, and history recognises that it is already informed philosophically. If there is a unifying term, it is ‘culture’. The approach taken within the larger project starts with the centrality of culture as that which demands to be thought. And yet culture is neither tranquil nor unified. As Walter Benjamin argued, there ‘is no document of culture which is not at the same time a document of barbarism’. Allowing for culture’s centrality entails a reconfiguration of both philosophy and intellectual history.

Free access

Editorial

African Philosophy and Rights

Motsamai Molefe and Chris Allsobrook

A useful way to approach the discourse of rights in African philosophy is in terms of Kwasi Wiredu’s (1996) distinction between cultural particulars and universals. According to Wiredu, cultural particulars are contingent and context-dependent. They fail to hold in all circumstances and for everyone (Wiredu 2005). Cultural universals are transcultural or objective (Wiredu 2005). Examples of cultural particulars include dress styles, religious rituals, social etiquette and so on. One example of a cultural universal is the norm of truth. One may imagine a society with different methods of greeting, dress, and raising children, but one cannot imagine a robust society which rejects the norm of truth as the basis of social practices.

Free access

Editorial

Some Senses of Pan-Africanism from the South

Christopher Allsobrook