This leading scholar draws on extensive research from four plurinational states - the United Kingdom, Spain, Belgium, and Canada - to provide a radical rethink of the very nature of sovereignty and the state. This innovative account demonstrates how transnational integration and other demands on the nation-state have broken the automatic link between state and nation, and goes on to provide a major new analysis of the subsequent challenges of recognition of nationality and democracy.

While the Euromodern model of the nation-state has been the subject of unremitting, exhaustive and merited political criticism, this article advances an anti-anti-statism. Oriented by warnings of theorists who have advanced plurinational states, creolising the nation, separating states from nations and abolishing the state, I turn to Fanon's insistence that states be re-envisioned beyond Cold War alternatives and narrowing nationalisms; Cabral's modelling of political unity on an effective football team; and Gyekye's suggestion of deliberately forging meta-national states. (...) I argue that we need the institutional rejection of states reliant on racialised enslavement and colonialism as the exclusive custodians of bestowing and withholding political recognition. We must also premise rightful belonging not only on historical group identities but on how these are expressed in records of political activities demonstrating commitment to the cultivation and extension of national consciousness or the meta-state as the basis of political legitimacy. (shrink)

This article examines Bolivian vice president Álvaro García Linera’s use of concepts originating in the work of Antonio Gramsci and Bolivian sociologist René Zavaleta Mercado. Zavaleta’s concept of sociedad abigarrada has a history of misappropriation in which García Linera participates by articulating it with the related concept of the estado aparente to claim that the merely ‘apparent’ state which does not effectively represent the heterogeneous social reality of a country like Bolivia is abolished with the official establishment of the (...) Plurinational State in 2009. This ideologeme of the Plurinational State as one that faithfully represents Bolivia’s abigarramiento is equated with the Gramscian stato integrale, which in Gramsci refers to the state proper plus civil society where these are thoroughly integrated to function as an organic whole. Beyond merely misusing the borrowed terms of this discursive operation, García Linera gives a prescriptive value to concepts developed for an analytical purpose to validate the existing regime. (shrink)

ABSTRACT The Plurinational Constitutional Court is the final arbiter of legal disputes involving the interpretation and application of the Political Constitution of the Plurinational State of Bolivia (2009) (BC). Its role is especially important given that the BC follows a type of decolonial ‘hybrid’ constitutional model that incorporates the Indigenous concept of Vivir Bien (VB) as part of their legal paradigm. Using tools from Case Law Analysis and Critical Discourse Analysis, this article explores the Court’s judicial interpretation (...) and application of VB and its principles to a legal dispute regarding Indigenous Peoples’ constitutional right to be consulted over government measures impacting their ancestral territories. The results indicate that the judges would foreground and background different aspects of the VB principles to support their views, resorting to their use in a hierarchical form that is not mandated in the BC. This shows a gap between formal incorporation and the practical application of the VB principles. This research informs the fields of legal studies, decolonial thought, and discourse studies. (shrink)

Este artículo vincula preocupaciones sociológicas con la propuesta comunitarista de Michael Walzer y las esferas de la justicia. Partiendo de la premisa básica de que no puede existir un criterio distributivo único universal para todas las esferas y de que efectivamente las distintas esferas exigen distintos criterios, se intenta responder la siguiente pregunta: a partir del reconocimiento de ciertas realidades apremiantes del mundo actual, ¿qué ideas de justicia global pueden ser válidas, sobre qué criterios básicos y para qué esferas teniendo (...) en cuenta la diversidad de los bienes sociales? Asimismo, se analizan las esferas del dinero y del poder político y se propone dos estrategias para tratar de alcanzar una justicia global: la Renta Básica Ciudadana en la esfera del dinero y el reconocimiento del Estado plurinacional en la esfera política. This article links up sociological concerns with the communitarian proposal of Michael Walzer and the spheres of justice. Starting from the basic premise that there can be no such thing as a single universal distributive criterion for all the spheres and that effectively all the different spheres require different criteria, this paper tries to answer the following question: Based on the recognition of certain urgent realities in today's world, what ideas of global justice may be valid, on what basic criteria and for which spheres taking into account the diversity of social goods? Likewise, the spheres of money and political power are analyzed and also two strategies to try to achieve global justice are proposed: The Citizen Basic Income in the sphere of money and the recognition of the plurinational State in the political sphere. (shrink)

Abstract:This essay examines the ways that the 2008 Constitution resignified Ecuador as a “plurinational” state, one that respects and affirms the sovereignty of the diverse Indigenous and Afro-descendent groups within it, as well as the ways that it redefined the family, shifting from a singular notion of family to one based on a notion of la familia diversa, the family in its diverse forms. We'll suggest that these linked redefinitions share a similar logic of multiplicity and open-endedness that (...) work to challenge monolithic and hegemonic social and political forms that had been imposed on Ecuador in a colonial context and then preserved in the postcolonial period. In doing so, we pay particularly close attention to the development of these concepts in contemporary Ecuadorian politics, as well as to ways in which their implementation has been limited, compromised, and forestalled. We argue that, far from being a change only on paper, the opening up of the definitions of the nation and the family in the Ecuadorian Constitution are important aspects of linguistic and institutional resistance to the coloniality of power in Ecuador. We explore ways that Ecuadorian activists maneuver the contradictions and challenges of engaging with the state in doing this work. (shrink)

The 1970s and 1980s meant an ethnic politicization of the indigenous movement in Ecuador, until this moment defined largely as a class-based movement of indigenous peasants. The indigenous organizations started to conceptualize indigenous peoples as nationalities with their own economic, social, cultural and legal structures and therefore with the right to autonomy and self-determination. Based on this conceptualization, the movement developed demands for a pluralist reform of state and society in order to install a plurinational state with (...) wide degrees of autonomy and participation for indigenous nationalities. A part of those demands was the double strategy to fight for legal pluralism while already installing it at the local level. Even if some degrees of legal pluralism have been recognized in Ecuador since the mid-1990s, in practice, the local de facto practice prevails until today. Another central part of the demand for plurinationality is the representation of indigenous peoples in the legislative organs of the state, developing since their first appearance in the 1940s in a complex way. This article will analyze the development of right-based demands within the discourse of the indigenous movement in Ecuador, the visions of the implied state-reform and the organizational and political background and implication they have. Based on an analysis of the central texts of the indigenous organizations, conceptualizations of rights and laws and their appropriation within an autonomist discourse and a local practice will be highlighted. (shrink)

Hunger reduction, a universal goal, is often pursued through the concept of food security, which partially shifts the responsibility from national states to food banks. However, the active involvement of various stakeholders in food banks is frequently overlooked. The first waves of the COVID-19 pandemic prompted the High-Level Panel of Experts on Food Security and Nutrition of the Committee on World Food Security to acknowledge the necessity of stakeholders´ participation in achieving food security. Despite the significant influence of power relations (...) on the operations of a food bank, there is a shortage of evidence on the role of power relations among stakeholders in food banks, particularly in developing countries. Therefore, this paper delves into the power dynamics among actors in a food bank in a metropolitan region in Bolivia (Plurinational State) before and during the COVID-19 pandemic and their impact on the food sovereignty of the actors and the region. Our research was guided by an analytical framework based on Gaventa’s Power Cube and the definition of food sovereignty from the Declaration of Nyéléni. We employed rigorous qualitative research methods, including participatory observation and semi-structured in-depth interviews, over three months in an iterative process. Our findings reveal that power relations can enhance the food distributed by the food bank, but they can also limit the agency of actors, particularly the most vulnerable, such as women and children, leading to constraints in food access. These power relations were influenced by trust among actors, their motivations and needs, cultural and spiritual values, and their presence in social media. (shrink)

The Kurdish-led autonomous entity called Autonomous Administration of North and East Syria - also known as Rojava - considers women?s liberation an imperative condition for shaping a democratic society. The practice of autonomy in NES shares strong resemblances with Non- Territorial Autonomy models; however, it introduces a novelty in the role of women as active agents in building a plurinational democracy. This paper examines the intellectual and political origins of the political role ascribed to women in autonomous administrations and (...) how the practice of autonomy in Rojava has advanced women?s rights by shedding light on both institutional implementation of women?s rights, as well as the creation of -territorial spaces of women?s emancipation within the autonomous model. The argument made is that the conceptual framework of the Rojava model goes beyond the Kurdish question and can be considered an attempt to resolve a democratic deficit of liberal democratic nation-states through bringing together solutions that address the intertwined subordination of minorities and women. nema. (shrink)

En Bolivia, el Estado Plurinacional se institucionalizó en 2009 por medio de la Asamblea Constituyente, luego de un amplio periodo de movilizaciones sociales. Sin embargo, la idea de plurinacionalidad había aparecido en 1983, en el contexto de los debates del sindicalismo campesino. El objetivo del artículo es analizar las características de la noción de plurinacionalidad en la Constitución Política, historizando sus dimensiones más relevantes. La hipótesis es que esta formulación fue capturada por la noción de Estado, enfatizando su institucionalización en (...) desmedro de su potencial político en la reconfiguración de las relaciones interétnicas e interculturales. Teórica y metodológicamente trabajaré desde la historia de los lenguajes políticos. (shrink)

Some commentators worry that a plurinational constitutional order can only ever be an inherently unstable modus vivendi. They fear that the accommodation of sub-state nationalism will tend to undermine the viability of constitutional democracies. This article enlists Ronald Dworkin's theory of ‘law as integrity’ to show how these concerns might be assuaged. My central claim is that the expressive value of integrity can drive a divided society in the direction of an eventual community of principle, even in the (...) absence of a common political identity. I argue that this model of political community is a more plausible prescription for divided societies than the theory that competing nationalisms might be superseded by constitutional patriotism. I go on to explain, however, that integrity has a better chance of realizing this potential if the generally judge-centric focus of Dworkin's theory is expanded to make greater room for non-judicial interpretative responsibility. Occasional references are made to the example of Northern Ireland to illustrate my points. (shrink)

Identity and democracy and, more particularly, national identity and deliberative democracy account for a controversial relationship. However, from a classical deliberative democratic point of view, the controversy over who is the ‘we’ that needs to stand together in contemporary complex societies settled with the constitution of modern states. In this sense, the main contribution of this paper is twofold. On the one hand, I rebut the analytical appropriateness and conceptual coherence of Habermas’ discursive approach to democracy for the case of (...) plurinational societies in contemporary constitutional democracies. A discussion of a test case – Catalonia – demonstrates that this inadequacy renders incoherent the deliberative model regarding one of its most fundamental premises: the equal weight of the principles of law and the principle of democracy. On the other hand, I sustain that the challenge is not about identity but democracy, and more particularly, about the role deliberative democracy is called to play when controversy challenges whether the people of a state do conform to a single people or not. More concretely, I explore the opportunities offered by the systemic turn to sustain a more realistic approach to deliberative democracy regarding its capacity to steer society towards integration in the context of the system of public deliberation. (shrink)

Explainable AI (XAI) provides methods to understand non-interpretable machine learning models. However, we have little knowledge about what legal experts expect from these explanations, including their legal compliance with, and value against European Union legislation. To close this gap, we present the Explanation Dialogues, an expert focus study to uncover the expectations, reasoning, and understanding of legal experts and practitioners towards XAI, with a specific focus on the European General Data Protection Regulation. The study consists of an online questionnaire and (...) follow-up interviews, and is centered around a use-case in the credit domain. We extract both a set of hierarchical and interconnected codes using grounded theory, and present the standpoints of the participating experts towards XAI. We find that the presented explanations are hard to understand and lack information, and discuss issues that can arise from the different interests of the data controller and subject. Finally, we present a set of recommendations for developers of XAI methods, and indications of legal areas of discussion. Among others, recommendations address the presentation, choice, and content of an explanation, technical risks as well as the end-user, while we provide legal pointers to the contestability of explanations, transparency thresholds, intellectual property rights as well as the relationship between involved parties. (shrink)

In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

If we are looking for an Ur-explanation for the persistence of the Ur-myth, or any other myth, in our literature, could we not more directly find it in the structure of a mind which does not have to remember in order to imitate? The occasion of both myth and literature is the social life of the species which, in Starobinski's sense, is a history of continual eviction; but as regards the apparatus of thought by which this social life is reflected (...) in art it is more a history of assimilation and repetition. "The work of the brain," to cite a recent article in Scientific American, "is to create a model of a possible world rather than to record and transmit to the mind a world that is metaphysically true…Different worlds are presumably constructed by similar species."1 And, presumably, similar worlds are constructed by similar species. Weisinger hints briefly at something like this in his essay "The Mythic Origins of the Creative Process," but one has the clear impression, as his title suggests, that he would like to have the [myth/ritual] cart before the creative horse.2 However much this may satisfy our longing to crown our literature, if not creativity itself, with a mythic genealogy, it seems a wistful hypothesis. One might just as well look upon the remains of early man's shelters, marvel that they too had roofs, just like ours, and conclude that therefore our roofs have their origin in theirs.· 1. Harry J. Jerison, "Paleoneurology and the Evolution of Mind," Scientific American, January 1976, p. 99.· 2. Herbert Weisinger, The Agony and the Triumph: Papers on the Use and Abuse of Myth , p. 250.Bert O. States, professor of dramatic arts at the University of California at Santa Barbara, is the author of Irony and Drama: A Poetics and The Shape of Paradox: An Essay on "Waiting for Godot.". (shrink)

The argument laid out in this book discusses and interprets the work of Hobbes in relation to religion. It compares a traditional interpretation of Hobbes where Hobbes’ use of conventional terminology when talking about natural law is seen as ironic or merely convenient despite an atheist viewpoint, with the view that Hobbes’ morality is truly traditional and Christian. The book considers other thinkers of the age in tandem with Hobbes and discusses in detail his theology inspired by corporeal mechanics. The (...) position is that there are significant senses in which Hobbes can be said to be a traditional natural law theorist. (shrink)

Translator's Introduction Political Theory in the Welfare State [Politische Theorie im Wohl- fahrtsstaat] was originally published (Olzog, Munich) in. ...

This collection addresses the central issue of political philosophy or, in a couple of cases, issues very close to the heart of that question: Is government justified? This ancient question has never been more alive than at the present time, in the midst of continuing political and social upheaval in virtually every part of the world. Only two of the pieces collected here have been published previously. All the other contributions were, at the time of the inception of the volume, (...) fresh from the pens, or still to emerge from the pens, of their authors. (shrink)

Las exclusivas del hombre. La mano.--La caricia.--La caricia (continuacíon)--El tiempo.--El tiempo (conclusión).

"Is it meaningful to call oneself a democrat? And if so, how do you interpret the word?" -/- In responding to this question, eight iconoclastic thinkers prove the rich potential of democracy, along with its critical weaknesses, and reconceive the practice to accommodate new political and cultural realities. Giorgio Agamben traces the tense history of constitutions and their coexistence with various governments. Alain Badiou contrasts current democratic practice with democratic communism. Daniel Bensaid ponders the institutionalization of democracy, while Wendy Brown (...) discusses the democratization of society under neoliberalism. Jean-Luc Nancy measures the difference between democracy as a form of rule and as a human end, and Jacques Rancière highlights its egalitarian nature. Kristin Ross identifies hierarchical relationships within democratic practice, and Slavoj Zizek complicates the distinction between those who desire to own the state and those who wish to do without it. -/- Concentrating on the classical roots of democracy and its changing meaning over time and within different contexts, these essays uniquely defend what is left of the left-wing tradition after the fall of Soviet communism. They confront disincentives to active democratic participation that have caused voter turnout to decline in western countries, and they address electoral indifference by invoking and reviving the tradition of citizen involvement. Passionately written and theoretically rich, this collection speaks to all facets of modern political and democratic debate. (shrink)

A great contemporary German philosopher attacks the explosive problem of political myth in our day, and reveals how the myth of the state evolved from primitive times to prepare the way for the rise of the modern totalitarian state. "A brilliant survey of some of the major texts in the history of political theory."—Kenneth Burke, _The Nation._.

Is capitalism compatible with democratic equality? Rawls’s critique of welfare-state capitalism implies a negative answer. I argue that Rawls’s critique fails and that welfare-state capitalism can satisfy the demands of democratic equality. I articulate a social democratic interpretation of the ideal of democratic equality and show that it justifies welfare-state capitalism. This argument also implies that welfare-state capitalism can satisfy the demands of democratic equality as interpreted by Rawls’s justice as fairness. So, whether we accept Rawls’s (...) interpretation of democratic equality or the social democratic alternative, welfare-state capitalism can satisfy the demands of democratic equality. (shrink)

Ambient assisted living technologies are increasingly presented and sold as essential smart additions to daily life and home environments that will radically transform the healthcare and wellness markets of the future. An ethical approach and a thorough understanding of all ethics in surveillance/monitoring architectures are therefore pressing. AAL poses many ethical challenges raising questions that will affect immediate acceptance and long-term usage. Furthermore, ethical issues emerge from social inequalities and their potential exacerbation by AAL, accentuating the existing access gap between (...) high-income countries and low and middle-income countries. Legal aspects mainly refer to the adherence to existing legal frameworks and cover issues related to product safety, data protection, cybersecurity, intellectual property, and access to data by public, private, and government bodies. Successful privacy-friendly AAL applications are needed, as the pressure to bring Internet of Things devices and ones equipped with artificial intelligence quickly to market cannot overlook the fact that the environments in which AAL will operate are mostly private. The social issues focus on the impact of AAL technologies before and after their adoption. Future AAL technologies need to consider all aspects of equality such as gender, race, age and social disadvantages and avoid increasing loneliness and isolation among, e.g. older and frail people. Finally, the current power asymmetries between the target and general populations should not be underestimated nor should the discrepant needs and motivations of the target group and those developing and deploying AAL systems. Whilst AAL technologies provide promising solutions for the health and social care challenges, they are not exempt from ethical, legal and social issues. A set of ELSI guidelines is needed to integrate these factors at the research and development stage. (shrink)

Murphy, Elysia Government funds should not be used to endorse religion in state schools. The presence of chaplains and scripture teachers in public schools diminishes the secularity of the state school system. Given the plethora of faith-based schools for families seeking a religious education, it is not unreasonable for non-religious families to expect a secular education from the government sector.