In a recent paper (Linguistics and Philosophy 23, 4, June 2000), Jason Stanley argues that there are no `unarticulated constituents', contrary to what advocates of Truth-conditional pragmatics (TCP) have claimed. All truth-conditional effects of context can be traced to logical form, he says. In this paper I maintain that there are unarticulated constituents, and I defend TCP. Stanley's argument exploits the fact that the alleged unarticulated constituents can be `bound', that is, they can be made to vary with the values (...) introduced by operators in the sentence. I show that Stanley's argument rests on a fallacy, and I provide alternative analyses of the data. (shrink)

Constituent ontologies maintain that the properties of an object are either parts or something very much like parts of that object. Recently, such a view has been criticized as leading to a bizarre and problematic form of substance dualism and implying the existence of impossible objects. After briefly presenting constituent and relational ontologies, I respond to both objections, arguing that constituent ontology does not yield either of these two consequences and so is not shown to be an unacceptable ontological framework.

The concept of constituent power plays a major part in modern political and legal theory- in how we think about the political. This book tackles the twofold issue of public authority and public autonomy in the modern conception of the political by analysing the notion of constituent power, its function in the modern political apparatus, and debates about its meaning and function in our own context. Focusing on contemporary debates on constitutionalism "beyond" the state, Geneviève Nootens assesses the prospects for (...) recasting the notion of constituent power in a polycentric setting that challenges state sovereignty as embodying the autonomy of the political. In doing so, she argues that constituent power belongs with the conceptual apparatus of a theory of government peculiar to a statist way of knowing, and being into, the world, and that it is too much dependent upon the statist framework for it to have critical purchase on new mappings of public authority. Nootens stresses the critical need to frame public authority appropriately if we are to conceptualize a conception of collective political agency that can sustain public autonomy in the current era. Constituent Power Beyond the State will be of interest to students and scholars of political theory, democratic theory, law, and constitutionalism. (shrink)

In Sovereignty across Generations, Ferrara attempts a dual feat. He demonstrates that political liberalism needs a nuanced doctrine of constituent power to be brought in line with traditional democratic concerns. At the same time, he argues that political liberalism is capable of making constituent power safe for democracy, in reining in its unruly and unbound character. By distinguishing between ‘the people’ and the electorate, Ferrara develops a transtemporal conception of the constituent subject, allowing moderate transformation but in effect binding all (...) future time-slices of the people. In my comment, I address two issues with this. First, I ask how such accounts deal with the fact of immigration. It is not clear whether a historically indexed constituent subject has the normative power to bind new citizens arriving with quite distinct historical baggage. A second question is whether Ferrara’s Rawlsian-Michelmanian take is different from, and superior to, the Habermasian account of constituent power, especially to Habermas’s constructive views on supranational constitution-making. Both questions address whether Ferrara’s historically indexed account is sufficiently open to future developments. (shrink)

One of the most basic functions of human language is to convey who did what to whom. In the world's languages, the order of these three constituents (subject [S], verb [V], and object [O]) is uneven, with SOV and SVO being most common. Recent experiments using experimentally elicited pantomime provide a possible explanation of the prevalence of SOV, but extant explanations for the prevalence of SVO could benefit from further empirical support. Here, we test whether SVO might emerge because (a) (...) SOV is not well suited for describing reversible events (a woman pushing a boy) and (b) pressures to be efficient and mention subjects before objects conspire to rule out many other alternatives. We tested this by asking participants to describe reversible and non‐reversible events in pantomime, and we instructed some participants to be consistent in the form of their gestures and to teach them to the experimenter. These manipulations led to the emergence of SVO in speakers of both English (SVO) and Turkish (SOV). (shrink)

This paper links the debates on constituent power and European independence movements in order to develop a theoretically compelling and empirically grounded conception of constituent power, as well as to assess in how far constituent power contributes to the meaning of political independence. In its first part, it builds upon recent republican contributions to the debates on corporate, joint and collective agency and argues that, even on individualist grounds, constituent power can convincingly be understood as a surplus of collective agency (...) that corporate agency cannot encompass. In the second part of the paper, these preliminary theoretical considerations are confronted with the debates about Scotland's constitutional future and the 2014 independence referendum. This examination suggests further differentiation, but also facilitates insights into the interplay of the constituent power of the people with corporate forms of agency, as well as into changes of constituent peoples. In the final part, the paper inverts the perspective of inquiry to show that, once one is conscious of the complex relation between popular sovereignty and sovereignty that conceptions of corporate and collective agency help us to grasp, constituent power also proves to be an element of a compelling political conception of political independence. (shrink)

The paper addresses the problem which consists in that the semantic content of an utterance is often much richer than the content fixed by the semantic conventions and compositionality. The semantic content of an utterance is, therefore, supposed to involve so-called unarticulated constituents, over and above those articulated at the linguistic level. It is often claimed that this problem undermines traditional conceptions of semantics. The paper shows that every unarticulated constituent has to be determined at the syntactic level. Consequently, there (...) are no unarticulated constituents tout courts. This claim is resulting from a careful specification of the notions used to show that there are unarticulated constituents . Given these specifications, it is possible to develop a theory of syntactic ellipsis as a viable solution to the above mentioned problem. (shrink)

This article examines the meaning and significance of the concept of constituent power in constitutional thought by showing how it acts as a boundary concept with respect to three types of legal thought: normativism, decisionism and relationalism. The concept can be fully appreciated, it suggests, only by adopting a relationalist method. This relationalist method permits us to deal with the paradoxical aspects of constitutional founding creatively and to grasp how constituent power, as the generative aspect of the political power relationship, (...) works not only at founding moments but also within the dynamics of constitutional development. Relationalism realizes this ambition by exposing the tension between unity and hierarchy in constitutional foundation and the tension between the people-as-one and the people-as-the governed in the course of constitutional development. It contends, contrary to normativist claims, that constituent power remains a central concept of constitutional thought. (shrink)

In Optimality Theory, recent work has been exploring the idea that the order of constituents in syntax is determined by alignment constraints, developed within the theory of Generalized Alignment ). Costa and Samek-Lodovici present general overviews, and both have specifically argued that OT analyses are superior to proposals expressed in terms of the parameterized “directionality” of movement or ordering. In Korean, the ordering options for major clausal constituents have been explored in Choi and Lee, who discussed the ordering of a (...) verb’s arguments as an interaction between constraints on canonical ordering and constraints on information structure. In this paper, I will discuss extending the ideas of ordering as alignment into the core clausal syntax, concentrating on the non-phrasal clausal elements.. (shrink)

The paper comprehensively responds to critical comments by F. Michelman, D. Rasmussen, J. van der Walt, S. Winter, P. Niesen, and B. Schupmann on Sovereignty Across Generations. Constituent Power and Political Liberalism. The themes debated include: whether Rawls’s dualist view of democracy, including his idea of legitimation by constitution, intimates or calls for a concretistic view of a subject of constituent power as creator of the constitutional order (Michelman); the relation of the normative to the historical in political liberalism and (...) whether Plato’s allegory of the cave is helpful for elucidating the meaning of the ‘most reasonable for us’ (Rasmussen); Rawls’s stance vis-à-vis the unbridgeable divisiveness of pluralism, the virtuality of overlapping consensus, and the dissolution of constituent power into a panoply of constituent powers (Van der Walt); democratic sequential sovereignty contrasted with serial sovereignty, the sensibleness of distinguishing legal principles from the cognitive assumptions undergirding their application, the justification of sequential sovereignty, and the nexus of vertical reciprocity and freedom across generations (Winter); the implications of the gap between ‘the people’ and the population for constitutional legitimacy, and the distinct prospects for a Habermasian and a political liberal conception of constituent power to be applicable at a supranational level (Niesen); the cogency and effectiveness of ‘implicit unamendability’ for safeguarding constitutional essentials compared with entrenching them via eternity clauses, the extent to which measures of militant democracy are compatible with political liberalism (Schupmann). (shrink)

Radical democratic political theorists have used the concept of constituent power to sketch ambitious models of radical democracy, while many legal scholars deploy it to make sense of the political and legal dynamics of constitutional politics. Its growing popularity notwithstanding, I argue that the concept tends to impede a proper interpretation of civil disobedience, conceived as nonviolent, politically motivated lawbreaking evincing basic respect for law. Contemporary theorists who employ it cannot distinguish between civil disobedience and other related, yet ultimately different, (...) modes of political illegality. The essay also examines Jürgen Habermas’ recent contributions to a theory of mixed or dualistic constituent power, conceding that Habermas avoids many theoretical and political ills plaguing competing radical democratic theoretical retrievals. Nonetheless, Habermas’ attempt to salvage the idea of constituent power as part of... (shrink)

In multiethnic and multi-religious democracies, the chronic danger is that candidates will engage in “identity politics,” appealing to one locally preponderant ethnic group against other groups. The usual formulas for composing multiethnic democracies—ethnic federalism and/or proportional representation—often exacerbate the problem, ethnicizing political campaigns and carving up the national legislature into ethnic blocs, each beholden only to its own group. An alternative approach—what I call “dispersed constituency democracy”—is to match each legislative seat with a constituency that reflects the overall (...) ethnic composition of the society in question, so as to encourage candidates to reach across ethnic divisions rather than play to locally preponderant ones. I propose a simple way to do this, and explore the likely consequences for national electoral campaigns and legislative dynamics over a range of demographic circumstances. I also consider supplemental devices for protecting minority rights that would be made possible by the proposed constituency system. (shrink)

In Constituent Power, Violence, and the State, Dimitri Vouros examines the question of political violence by placing the thought of Georges Sorel, Walter Benjamin, and Hannah Arendt in conversation with contemporary theories of sovereignty and constituent power. Vouros argues that the violence sustaining the modern state inhibits institutional accountability and derails constituent power. The paradox of modern law-which is both the expression of the people's will but also alienated from them-sets the stage for political contestation. For Vouros, the multitude's potentiality (...) is actualized through either organized or spontaneous acts of resistance against state force. Antagonism is therefore a key element of the political and must be included in any theory of political agonism. A strong notion of constituent power ensures the integrity of the public sphere and the expansion of citizens' political agency. Bringing all these ideas together is unique for this field of investigation. Accessible and engagingly written, Constituent Power, Violence, and the State is a must read for researchers in political theory and political philosophy. Critical legal studies scholars and social theorists will also profit from this book. (shrink)

This essay goes beyond the dominant conception of constituent power developed by Emmanuel Sieyès and Carl Schmitt by excavating an alternative through the practices of twentieth-century workers’ councils and the interpretations of council democracy by Cornelius Castoriadis and Hannah Arendt. Interpreters of the constituent power often agree on its fundamentally antagonistic relation to constituted power, hereby making constituent politics a momentary experience, which cannot be sustained in constituted politics. Council democracy, instead, discloses a modality of politics, which bridges the gap (...) between constituent power and political form in order to provide institutional means through which the spirit of revolution can survive the founding moment. With this alternative concept of council democratic constituent power, this essay contributes to radical democratic theory by stipulating ways in which institutions can be rethought radically democratic as a way in which constituent power (creativity, novelty, freedom) can be institutionally approximated and continually reexperienced. (shrink)

van der Velde's & de Kamps's model encodes complex word-to-word relations in sentences but does not encode the hierarchical constituent structure of sentences, a fundamental property of most accounts of sentence structure. We summarize what is at stake and suggest two ways of incorporating constituency into the model.

Constituent Postponement in Biblical Hebrew Verse. By John Scott Redd. Abhandlungen für die Kunde des Morgenlandes, vol. 90. Wiesbaden: Harrassowitz Verlag, 2014. Pp. xii + 155. €68.

Constituent power is a key concept in democratic theory and constitutional law. The French term pouvoir constituant was coined by Sieyès in the context of the French Revolution in his famous pamphl...

Constituent power is an idea with a long tradition in modern political thought but has been largely abandoned since the middle of the twentieth century. Here I offer a new account of constituent power that avoids problems of the classical account, including the paradox of constitutionalism, and clarifies how individuals contribute to creating their shared political order. I argue that constituent power should be understood as an individual power-with: the agential power to constitute a legal order with others. Our individual, (...) banal acts of law-abidingness each partially effect the collective outcome. We generally exercise constituent power unconsciously and automatically, guiding our actions to succeed as defined by law and relying on the legal system to take up our contributions and effectively combine them with others. (shrink)

This article argues that, far from being a merely defensive act of individual protest, civil disobedience is a much more radical political practice. It is transformative in that it aims at the politicization of questions that are excluded from the political domain and at reconfiguring public space and existing institutions, often in comprehensive ways. Focusing on the reconstitution of the political community also allows us to reconceptualize constituent power. Rather than portraying it as a quasi-mythical force erupting only in extraordinary (...) moments, constituent power can be conceptualized as a dynamic situated within established orders, transgressing their logic and reconfiguring them from within. Civil disobedience as a transformative and potentially comprehensive practice aimed at reconstituting the political order can then be seen as an internal driving force keeping this dialectic in play. A concrete example can be found in protests and border struggles by irregularized migrants. They show how unexp... (shrink)

An important debate in the current literature is whether “all truth-conditional effects of extra-linguistic context can be traced to [a variable at; LM] logical form” (Stanley, ‘Context and Logical Form’, Linguistics and Philosophy, 23 (2000) 391). That is, according to Stanley, the only truth-conditional effects that extra-linguistic context has are localizable in (potentially silent) variable-denoting pronouns or pronoun-like items, which are represented in the syntax/at logical form (pure indexicals like I or today are put aside in this discussion). According to (...) Recanati (‘Unarticulated Constituents’, Linguistics and Philosophy, 25 (2002) 299), extra-linguistic context can have additional truth-conditional effects, in the form of optional pragmatic processes like ‘free enrichment’. This paper shows that Recanati’s position is not warranted, since there is an alternative line of analysis that obviates the need to assume free enrichment. In the alternative analysis, we need Stanley’s variables, but we need to give them the freedom to be or not to be generated in the syntax/present at logical form, a kind of optionality that has nothing to do with the pragmatics-related optionality of free enrichment. (shrink)

This paper considers Niccolò Machiavelli’s contribution to a theory of constituent power. Modern authors who have analysed the concept of constituent power generally agree on its ambiguous, paradoxical and apparently contradictory essence. With few exceptions, Machiavelli is absent from both the historical reconstructions of and the theoretical debates on the origin of constituent power. My argument is built around two main theses: reintroducing Machiavelli to the debate on constituent power offers an original response to the theoretical fallacies and inconsistencies identified (...) by modern scholars. In particular, Machiavelli’s philosophy contributes to the comprehension of constituent power as a living force within social order. My second thesis is that by tracing the source of constituent power back to Machiavelli, we can overcome the main theoretical problem implied by this concept, namely the problem of the priority of the factual or the juridical, by providing a vision that emphasises their immanent coexistence. (shrink)

Jason A. Frank, Constituent Moments: Enacting the People in Postrevolutionary America, Duke University Press, ISBN - 9780822346630Vicki Hsueh, Hybrid Constitutions: Challenging Legacies of Law, Privilege and Culture in Colonial America, Duke University Press, ISBN - 9780822346180.

Kan demokrati - folkets magt - realiseres. Forfatteren gennemgår dette på baggrund af den konflikt, der altid har været mellem den påtvungne magt og den valgte magt.

In this article I examine an as yet unexplored aspect of J.P. Moreland’s defense of so-called bare particularism — the ontological theory according to which ordinary concrete particulars (e.g., Socrates) contain bare particulars as individuating constituents and property ‘hubs.’ I begin with the observation that if there is a constituency relation obtaining between Socrates and his bare particular, it must be an internal relation, in which case the natures of the relata will necessitate the relation. I then distinguish various (...) ways in which a bare particular might be thought to have a nature and show that on none of these is it possible for a bare particular to be a constituent of a complex particular. Thus, Moreland’s attempt to resurrect bare particulars as ontologically indispensable entities is not wholly without difficulties. (shrink)

Many democracies use geographic constituencies to elect some or all of their legislators. Furthermore, many people regard this as desirable in a noncomparative sense, thinking that local constituencies are not necessarily superior to other schemes but are nevertheless attractive when considered on their own merits. Yet, this position of noncomparative constituency localism is now under philosophical pressure as local constituencies have recently attracted severe criticism. This article examines how damaging this recent criticism is, and argues that within limits, noncomparative (...) constituency localism remains philosophically tenable despite the criticisms. The article shows that noncomparative constituency localism is compelling in the first place because geographic constituencies foster partisan voter mobilisation, and practices of constituency service help to sustain deliberation among constituents and within the legislature and promote the realisation of equal opportunity for political influence. The article further argues that it is unwarranted to criticise geographic constituencies for being biased against geographically dispersed voter groups, for causing vote-seat disproportionality, and for being vulnerable to gerrymandering. The article also discusses the criticisms that local constituencies may pose risks of inefficiency and injustice in resource allocation decisions, may lead legislators to neglect the common good, and may limit citizens’ control over the political agenda. Whilst conceding that these objections may be valid, the article argues that they do not outweigh the diverse and normatively weighty considerations speaking in favour of noncomparative constituency localism. Finally, the article’s analysis is defended against several variants of the charge that it exaggerates the benefits of geographic constituencies. (shrink)

[1]. Recently renewed interest in non transformational approaches to syntax [2] suggests that it might be well to take another look at categorial grammars, since they seem to have been neglected largely because they had been shown to be equivalent to context free phrase structure grammars in weak generative capacity and it was believed that such grammars were incapable of describing natural languages in a natural way. It is my purpose here to sketch a theory of grammar which represents a (...) generalization of categorial grammars of the sort invented by Ajdukiewicz (1935) and further elaborated especially by Bar Hillel (1953) and Lambek (1961). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Constituer le Réel. Noétique et Métaphysique chez Dietrich de Freiberg by Véronique DecaixBrian Francis ConollyVéronique Decaix. Constituer le Réel. Noétique et Métaphysique chez Dietrich de Freiberg. Paris: Librairie Philosophique J. Vrin, 2021. Pp. 336. Paperback, $48.00.Dietrich of Freiberg's theory of the constitutive power of the intellect, as presented in his De origine rerum praedicamentalium, has proved unusually resistant to contextualization within the philosophical and theological discussions at the (...) University of Paris in the last two decades of the thirteenth century. There is little indication in the quodlibet literature that any of his contemporaries were aware of his unusual doctrine, let alone interested in responding to it, and Dietrich himself provides few hints as to which quaestiones of contemporary interest he is responding to. One therefore welcomes this study by Véronique Decaix in which it is argued that "il est irréfutable que les concepts centraux du De origine ont été forgés dans une discussion permanente avec Henri de Gand" (223). Drawing upon and developing the work of Pasquale Porro, Jan Aersten, and others, Decaix establishes Dietrich's indebtedness to Henry of Ghent, all while providing a comprehensive and remarkably clear, detailed, and precise presentation of Dietrich's theory of the constitutive power of the intellect. [End Page 706]Particularly noteworthy is the manner in which Decaix clarifies that there are several distinct ways in which the intellect, on Dietrich's theory, exercises its constitutive power. Thus, for instance, "categorial constitution," whereby certain relations and the six posterior relative categories are constituted, is distinguished from "quidditative constitution," wherein a real natural thing is constituted in its quidditative being, which is at the same time the mode or manner in which the intellect constitutes its own proper object. Decaix clarifies that such modes of constitution differ not only with respect to what is constituted, but by the kind of causality exercised by the intellect. Categorial constitution is a kind of formal causality—because it concerns only accidents, and because intellect grasps these accidents "sur une modalité déduite d'un élément extrinsèque" (284)—whereas quidditative constitution is efficient—it is "plus fondamentale, car elle est plus essentielle et plus intérieure" and "s'exerce sur la forme substantielle et cause l'étant en tant qu'étant" (286). In either case, whether the mode of constitution is categorial or quidditative, Decaix makes clear that constitution is not creation, and does not pertain to the reality or absolute entity of the thing affected by the intellect's constitutive power. Rather, constitution in the relevant sense here entails introducing and imposing upon the real natural thing a new mode of being: with respect to categorial constitution, that mode of being is ad aliud (to be in relation to another); with respect to quidditative constitution, the constituted mode of being is quidditative being.Decaix argues that Dietrich consciously develops his theory of categorial relation within the framework provided by Henry of Ghent. She cites as evidence, among other factors, that Dietrich concludes his analysis of categorial relation with what Decaix calls the "exacte contre-pied" (154) to question 3 of Henry's Quodlibet IX: "Utrum circumscripta re sui fundamenti relatio possit signari per nomen primae impositionis?" Dietrich in effect responds: "Si autem ab huiusmodi entibus removeamus actum rationis, tunc secundum nullum modum sunt entia quantum ad id, quod significatur per nomen, sed relinquitur sola realitas et entitas fundamenti" (160).Question 3 of Henry's Quodlibet IX is still more important for Decaix's argument. For she sees herein more than a germ of Dietrich's doctrine of the constitutive power of the intellect. As Decaix explains, in addition to the real foundation (quantity or quality) provided by nature, and the pure ratio of relation, provided by the intellect, Henry introduces the modus characterizatus a re, whereby the peculiar nature of the foundation (e.g. the length or the color) particularizes the general notion of the pure relation (157–58). Thus, the real, particular relation, for example, "is shorter than" or "is similar to," arises only from both nature and the intellect as joint contributing causes. In this... (shrink)

Attempts to characterize unarticulated constituents (henceforth: UCs) by means of quantification over the parts of a sentence and the constituents of the proposition it expresses come to grief in more complicated cases than are commonly considered. In particular, UC definitions are inadequate when we consider cases in which the same constituent appears more than once in a proposition that only has one word with the constituent as its semantic value. This article explores some consequences of trying to repair the formal (...) definitions. (shrink)

In order to identify usable indices, measures of well‐being are classified according to whether they are based on well‐being's constituents or their commodity determinants. For practical purposes, it is often simpler to construct measures based on well‐being's commodity determinants.

There is a "public arena" in which, in principle, individuals can participate in decisions that involve the general society: how public revenues are obtained and used, what foreign policy will be, etc. In a world of nationstates, the public arena is primarily governmental, at various levels. Democracy functions insofar as individuals can participate meaningfully in the public arena, meanwhile running their own affairs, individually and collectively, without illegitimate interference by concentrations of power. Functioning democracy presupposes relative equality in access to (...) resources--material, informational, and other--a truism as old as Aristotle. In theory, governments are instituted to serve their "domestic constituencies" and are to be subject to their will. A measure of functioning democracy, then, is the extent to which the theory approximates reality, and the "domestic constituencies" approximate the population. (shrink)

The method of explication has been somewhat of a hot topic in the last 10 years. Despite the multifaceted research that has been directed at the issue, one may perceive a lack of step-by-step procedural or structural accounts of explication. This paper aims at providing a structural account of the method of explication in continuation of the works of Geo Siegwart. It is enhanced with a detailed terminology for the assessment and comparison of explications. The aim is to provide means (...) to talk about explications including their criticisms and their interrelations. There is hope that this treatment will be able to serve as a foundation to a step-by-step guide to be established for explicators. At least it should help to frame and mediate explicative disputes. In closing the enterprise will be considered an explication of ‘explication’, though consecutive explications improving on this one are undoubtedly conceivable. (shrink)

My general aim in this paper is to shed light on the controversial concept of a bare particular. I do so by arguing that bare particulars are best understood in terms of the individuative work they do within the framework of a realist constituent ontology. I argue that outside such a framework, it is not clear that the notion of a bare particular is either motivated or coherent. This is suggested by reflection on standard objections to bare particulars. However, within (...) the framework of a realist constituent ontology, bare particulars provide for a coherent theory of individuation—one with a potentially significant theoretical price tag, but one that also has advantages over rival theories. (shrink)

This paper examines two popular arguments for the nonidentity of the statue and its constituent material. An essentialist response is provided to one of the arguments; that response is then shown to undermine the other argument as well. It is also shown that even if we accept these arguments and concede nonidentity, we can still avoid the further conclusion that constitution is not identity. These ideas are then extended to other applications of the arguments for nonidentity (specifically, their application to (...) a person and the constituent body, and to a mental event and its constituent neural event). (shrink)

New Edition In the ten years since the initial publication of _Insurgencies_, Antonio Negri's reputation as one of the world's foremost political philosophers has grown dramatically. An invigorating appraisal of revolutionary thought, Insurgencies is both the precursor to and the historical basis for Antonio Negri and Michael Hardt's masterwork, Empire. At the center of this book is the conflict between "constituent power," the democratic force of revolutionary innovation, and "constituted power," the fixed power of formal constitutions and central authority. This (...) conflict, Negri argues, defines the drama of modern rebellions. Now with a foreword by Michael Hardt, _Insurgencies_ leads to a new notion of how power and action must be understood if we are to achieve a democratic future. (shrink)

Moderation and liberalism are different and in some cases antagonistic concepts. In recent years, the view that Sieyès’s idea of constituent power is a moderate and liberal rendering of sovereignty has gained acceptance in intellectual history and constitutional theory literature. This claim is based on the premise that radical and illiberal readers of Rousseau’s idea of sovereignty, such as Robespierre and the Jacobins, were opposed to representing the general will (volonté générale). Thus, constituent power as the exercise of power by (...) extraordinary representatives to draft a constitution would be a liberal attempt at political moderation in the French revolution. In contrast to this liberal reading, my analysis shows that Sieyès’s idea of constituent power is an illiberal attempt at political moderation. Against moderate liberal theories, constituent power demands that the extraordinary representatives of the constituent assembly must will, deliberate, and act as if they were the people themselves. These representatives have absolute powers and the mandate to create a constitution but also the imperative to perceive and mirror the sovereign will. From a political theory approach, I conclude that constituent power is not a liberal idea but a key notion of moderate illiberalism that prevailed during the French Revolution. (shrink)

The book presents a collection of articles authored by several members of the Warsaw School of Political Theory, affiliated with the University of Warsaw. The team of scholars, first founded in the 1970s by professor Artur Bodnar, has been conducting research under the leadership of professor Miroslaw Karwat.

Philosophy & Social Criticism, Volume 48, Issue 3, Page 361-385, March 2022. Modern thinking about democracy is largely governed by the concept of constituent power. Some versions of the concept of constituent power, however, remain haunted by the spectre of totalitarianism. In this article, I outline an alternative view of the identity of the people whose constituent power generates democratic authority. Broadly speaking, constituent power signifies the idea that all political authority, including that of the constitution, must find its source (...) in some idea of ‘the people’, whose authority is never exhausted by constituted power. The deficiency I seek to address is that of asking who the people is to whom any claim of authority refers, while avoiding the pitfalls of totalitarianism. I show the most famous totalitarian view of constituent power – advanced by Carl Schmitt – to be not only politically unsavoury but also ontologically unjustified. To outline my alternative view, I draw on Jacques Derrida’s concept of just decisions to argue that the undecidable inaugurates collective responsibility by demanding a response. This suggests a view of ‘the people’ as a doing rather than a being. I conclude by showing how this avoids totalitarian views of popular sovereignty by demonstrating its congruency with Claude Lefort’s democratic theory as opposed to totalitarianism. (shrink)

Research suggests that the mind contains a set of adaptations for detecting alliances: an alliance detection system, which monitors for, encodes, and stores alliance information and then modifies the activation of stored alliance categories according to how likely they will predict behavior within a particular social interaction. Previous studies have established the activation of this system when exposed to explicit competition or cooperation between individuals. In the current studies we examine if shared political opinions produce these same effects. In particular, (...) if participants will spontaneously categorize individuals according to the parties they support, even when explicit cooperation and antagonism are absent, and if party support is sufficiently powerful to decrease participants’ categorization by an orthogonal but typically-diagnostic alliance cue . Evidence was found for both: Participants spontaneously and implicitly kept track of who supported which party, and when party cross-cut race—such that the race of targets was not predictive of party support—categorization by race was dramatically reduced. To verify that these results reflected the operation of a cognitive system for modifying the activation of alliance categories, and not just socially-relevant categories in general, an identical set of studies was also conducted with in which party was either crossed with sex or age . As predicted, categorization by party occurred to the same degree, and there was no reduction in either categorization by sex or by age. All effects were replicated across two sets of between-subjects conditions. These studies provide the first direct empirical evidence that party politics engages the mind’s systems for detecting alliances and establish two important social categorization phenomena: that categorization by age is, like sex, not affected by alliance information and that political contexts can reduce the degree to which individuals are represented in terms of their race. (shrink)

Rousseau has always had an uncertain relationship with the theory of constituent power. On the one hand, his distrust of political representation and support for popular sovereignty seem consistent with the idea of the people as a legally unlimited constitution-maker. On the other hand, if, from those views about representation and sovereignty, it follows that Rousseau is a proponent of direct democracy, then there seems to be no place in his thought for a theory that presupposes, above all, a separation (...) between those who exercise a delegated authority and those who possess an original constitution-making power. In a legal order in which all laws must be directly made by the people, such a separation is absent: the constituent and the legislative body are one and the same. It is therefore not surprising that Rousseau’s name is largely absent from contemporary literature on constituent power. In this article, however, I will show that once Rousseau’s particular conception of law, as well as his distinction between sovereignty and government, are properly understood, one finds in his work not only the first major formulation of the theory of constituent power, but also a careful exploration of its implications for actual constitutional practice. (shrink)

The truth-conditions of many utterances have components that do not correspond to any uttered morpheme. This happens because linguistic acts are always a supplement to whatever else is available to agents engaged in a conversation. Unarticulated constituents result from the informational trade-off between what is available in the situation of utterance and what needs to be linguistically articulated. Unarticulated constituents are constituents of propositions, that is, of classifying tools that are neutral with respect to the way in which what is (...) given in a situation interacts with the words uttered. (shrink)

It is quite popular nowadays to postulate various kinds of unarticulated constituents that have essential bearing on truth conditions of utterances. F. Recanati champions an elaborated version of contextualism according to which one has to distinguish two kinds of unarticulated constituents: those that are articulated at the level of the logical form of a given sentence and those that are truly unarticulated. Recanati offers a theory which explains the manner of incorporating truly unarticulated constituents into the propositions expressed. This theory (...) invokes variadic functions. The present paper shows that variadic functions are unnecessary because no constituents are truly unarticulated in the sense assumed by Recanati. An alternative explanation is offered according to which all propositional constituents are either explicitly or implicitly represented at the syntactic level. (shrink)