This chapter analyzes the systematic relationship of Carl Schmitt’s oeuvre to rhetoric, arguing that his work cannot be detached from its engagement in a simultaneously metaphysical and historical polemic. The encounter between history and metaphysics manifests in the dimension of the commonplace. Schmitt’s contributions to political theory can be understood as attempts to shift the commonplaces through which his time defines itself. Tracing the influence of Schmitt’s early literary criticism on his legal writing, the chapter demonstrates that for him, literature is a school of rhetoric, an exemplary dimension in more than one sense: it is a normative, ethical, and stylistic authority. While Schmitt’s books are contributions to specific legal, political, and critical discourse, they also claim to contribute to the great and urgent concerns of a community. This dimension inherits the genus grande and places his oeuvre at the limits of rhetoric.
David Ponet and Ethan J. Leib
The “systemic turn” in deliberative democractic theory builds off the critical insight that one instance or site of deliberation does not legitimate an entire political system. But accepting too easily that non-deliberative parts can contribute to a deliberative sum can risk deliberative democracy’s aspirations for reform. This chapter examines three evolving areas of deliberative lawmaking—administrative lawmaking, districting commissions, and deliberative plebiscites—that underscore the ongoing relevance and promise of “second wave” deliberative democratic institutional design. The “notice and comment” structure of administrative rule-making, for instance, can invite the admission of multiple voices into the lawmaking process, especially when combined with the court’s role in incentivizing such practice. The trend toward nonpartisan or bipartisan commissions establishing legislative district lines can also generate powerful deliberative democratic dividends. Similarly, practices in plebisicitary democracy—whether through instances such as citizen policy juries or other directly democratic mechanisms—can contribute toward the deliberative democratization of law and society.
Global Norms, State Regulations, and Local Activism Marriage Equality and Same-Sex Partnership, Sexual Orientation, and Gender Identity Rights in Japan and Hong Kong
Diana Khor, Denise Tse-Shang Tang, and Saori Kamano
This chapter discusses the intersection of sexual minority rights, global polity, and political economy through case studies of marriage equality in Japan and Hong Kong. Past research on the complex relationship between local activism and global norms in Japan and Hong Kong is limited. Through a detailed analysis of interconnecting discursive practices among governments, local nongovernmental organizations on LGBT rights, United Nations covenants on discrimination against sexual orientation, and perceived global standards of marriage equality, the authors explore the lone pursuit of same-sex partnership benefits and rights as a potential illusion of progress, hence forestalling fundamental changes in wider society. As Hong Kong and Tokyo strive to be world cities in the Asian region with the forthcoming Tokyo Olympics in 2020 and Gay Games in Hong Kong in 2022, the chapter further examines the challenges for global norms to be invoked and reworked in domestic contexts.
Tobias Berger and Milli Lake
This chapter examines the promotion of human rights, the rule of law, and democracy by external actors in areas of limited statehood. It begins with the definition of key terms and a brief overview of the historical trajectory in which contemporary interventions by external actors unfold. We then discuss cross-cutting issues and introduce the key actors involved in the promotion of human rights, the rule of law, and democracy. Analysing each of these issue areas in turn, we make three overarching arguments. Firstly, we highlight the multiplicity of outcomes that result from external interventions, whose impacts prove highly unevenly and spatially dispersed. Secondly, we emphasize the crucial influence of local actors and pre-existing institutions in shaping the outcomes of any governance intervention. Finally, we note that external actors have tended to rely on state-centric conceptualizations of democracy, the rule of law, and human rights.
This chapter investigates the relationship between the concepts of international justice and international law. It suggests that the idea of an international rule of law is constructed on procedural, rather than substantive, accounts of justice. Against the background of two opposing tendencies in the international legal order that influence ideas of international justice, namely the Westphalian and UN Charter accounts, the chapter considers various attempts to incorporate notions of justice in the international legal order. Examples are drawn from the 1970s campaign for a New International Economic Order at the UN, from international adjudication, from feminist campaigns, and from the work of international legal scholars such as Thomas Franck and Steven Ratner. The chapter argues that the concept of international justice has become associated largely with international criminal law, and indicates the limitations of this linkage.
This chapter probes the way in which description, prescription, and critique form a congeries of approaches that together, in turn, produce an intellectual field that might be described as the political theory of international law (though it is hardly one thing, and some of it refuses altogether the injunctions of traditional political theory). All of this will lead to an examination of two particular problems of international diplomacy to which political theories of international law appear to have responded: namely, intervention and war crimes trials, and an engagement with two interdisciplinary turns (to History and to International Relations) through which international law has enlivened its habits of thought and theoretical inclinations.
LGBT Rights, Sexual Citizenship, and Blacklighting in the Anglophone Caribbean: What Do Queers Want, What Does Colonialism Need?
Cornel Grey and Nikoli A. Attai
This chapter takes up questions of sexual citizenship by examining the desire for and impact of LGBT rights discourses in the Anglophone Caribbean. The chapter works through the difficulties and aspirations of queer politics in the Caribbean to articulate a vision of citizenship and/or freedom that is not overdetermined by white Anglocentric models. Popular measurements of homophobia tell a partial story of queer life and sexual politics in the Caribbean, and this chapter attempts to fill that gap by pointing to the ways that queer people engage, challenge, redefine, and dissociate from laws and policies that mark their sexuality as antagonistic to nationhood. The chapter draws on Rinaldo Walcott’s mobilization of homopoetics to contextualize the political and cultural tensions between LGBT rights organizations in the Global North and organizers in the Caribbean. It offers blacklighting as a way to name the processes by which organizations and governments in the Global North doubly impose LGBT rights frameworks and forward antiblack narratives about Caribbean citizens. In closing, the chapter asks for a return to the question of LGBT rights and its deployment in the Caribbean and proposes a means of engagement that holds blackness alongside sexuality in matters of rights and citizenship.
This chapter takes stock of the main scholarly and policy debates pertaining to the rise of violent and criminal governors. First, it delves into the reasons that drive these actors towards investing in governance; emphasizing the usefulness of governance provision to extract resources, enhance control, built legitimacy, and fulfil state-building aspirations. Second, the chapter briefly accounts for the main variations in the types of governance configurations established by criminal and violent actors, focusing on when and where these actors act as governors; what types of services they are likely to provide and to whom, as well as on how governance itself is delivered. This cursory examination, along with an analysis of the relationships these groups build while acting as governors, allows us to reflect on the impact of these non-state governors on the civilian population under their rule, as well as on the notions of sovereignty and statehood more broadly.