James Tully

This article is an attempt to answer the following two questions: What is the specific form of imperialism today? And, is it possible for individual and collective actors to adapt and exercise Trudeau’s civic ethos within and against it in the name of another freedom and another world? Section one is an analysis of the rise of networks as the defining form of communicative and social organization in the present. Section two is an analysis of the forms of control, exclusion, hierarchy and concentration of power that have developed along with communication networks and govern the transmission of knowledge and information. Section three is an analysis of the possibility of critical and effective forms of “social, political and cultural action” within the array of networks and controls in which we are both enabled and constrained to communicate and interact today. These critical and effective forms of action are examples of the emerging form of civic communicative freedom of the governed that I call “democratic communicative action.” It is a new form of civic freedom appropriate to being governed through the types of imperial networks and controls discussed in sections one and two. The enactment of democratic communicative freedom in and against concentrations of network power and their communicative barriers, I will argue, is one way of adapting and applying Trudeau’s civic ethos to the present.

We know that law is a major enabler of the human activities that cause climate change, biodiversity destruction, and related ecosocial crises. We also turn to the law to regulate, mitigate, and attempt to transform these unsustainable human activities and systems. Yet, these regulatory regimes are often “recaptured” or “overridden” in turn by the very anthropogenic processes causing the crises. The resulting vicious cycles constitute the global trilemma of the twenty-first century that is rapidly rendering the living earth uninhabitable for humans, in radically unequal ways, and for thousands of other species. Integral, non-violent, sustainable democratic constitutionalism is one modest, experimental, trial-and-error response to this trilemma

The paper is a critical survey of the last ten years of research on the principles of legitimacy of constitutional democracy and their application in practice in Europe and North America. A constitutional democracy is legitimate if it meets the test of two principles: the principles of democracy or popular sovereignty and of constitutionalism or the rule of law. There are three contemporary trends which tend to conflict with the principle of democracy and thus diminish democratic freedom. There are three responses to the lack of legitimacy of these three trends. The first is to downplay the principle of democracy in order to endorse the three trends. The second is to uphold the principle of democracy, in the form of deliberative constitutional democracy, in order to criticise aspects of the three trends and to call for further democratisation. The third trend deepens this critical response by tying the test of democratic legitimacy more closely to case studies of attempts by citizens to exercise their democratic freedom.

These two ambitious volumes from one of the world's most celebrated political philosophers present a new kind of political and legal theory that James Tully calls a public philosophy, and a complementary new way of thinking about active citizenship, called civic freedom. Professor Tully takes the reader step-by-step through the principal debates in political theory and the major types of political struggle today. These volumes represent a genuine landmark in political theory. In this second volume, Professor Tully studies networks and civic struggles over global or imperial relations of inequality, dependency, exploitation and environmental degradation beyond the state. The final chapter brings all of the author's resonant themes together in a new way of thinking about global and local citizenship, and of political theory in relation to it. This forms a powerful conclusion to a major intervention from a vital and distinctive voice in contemporary thought.