Arash Abizadeh

Many anticosmopolitan Rawlsians argue that since the primary subject of justice is society's basic structure, and since there is no global basic structure, the scope of justice is domestic. This paper challenges the anticosmopolitan basic structure argument by distinguishing three interpretations of what Rawls meant by the basic structure and its relation to justice, corresponding to the cooperation, pervasive impact, and coercion theories of distributive justice. On the cooperation theory, it is true that there is no global basic structure, but the basic structure turns out to be only an instrumental condition for realizing justice, and not an existence condition that must be met before demands of justice arise. On the pervasive impact and coercion theories, the basic structure is indeed an existence condition, but there exists a global basic structure. The upshot is that on any plausible interpretation of Rawls's account of the basic structure, Rawlsian justice is global in scope

What motivated an absolutist Erastian who rejected religious freedom, defended uniform public worship, and deemed the public expression of disagreement a catalyst for war to endorse a movement known to history as the champion of toleration, no coercion in religion, and separation of church and state? At least three factors motivated Hobbes’s 1651 endorsement of Independency: the Erastianism of Cromwellian Independency, the influence of the politique tradition, and, paradoxically, the contribution of early-modern practices of toleration to maintaining the public sphere’s religious uniformity. The third factor illustrates how a key function of the emerging private sphere in the early-modern period was to protect uniformity, rather than diversity; it also shows that what was novel was not so much the public/private distinction itself, but the separation of two previously conflated dimensions of publicity – visibility and representativeness – that enabled early-modern Europeans to envisage modes of worship out in the open, yet still private.

Critics of state sovereignty have typically challenged the state’s right to close its borders to foreigners by appeal to the liberal egalitarian discourse of human rights. According to the liberty argument, freedom of movement is a basic human right; according to the equality or justice argument, open borders are necessary to reduce global poverty and inequality, both matters of global justice. I argue that human rights considerations do indeed mandate borders considerably more open than is the norm today but that, no matter how radical in its critique of state sovereignty, human rights discourse fails to address a crucial feature of this ideology. It is not enough to engage in a substantive moral argument about what the state’s moral duties are. One must also address the procedural political question of who has the legitimate authority to decide what rights and duties to act on in cases of disagreement. In addition to human rights discourse, I argue, border activists must also draw on the challenge posed to the doctrine of state sovereignty by the democratic theory of popular sovereignty. According to democratic theory, the people subject to the state’s coercive exercise of political power, and not the state itself, is ultimately the sovereign arbiter of political questions. And because foreigners are subject to the state’s border laws, democratic theory requires granting them a participatory say in setting those laws.

How can liberal democracies mobilize their citizens and effect their social integration, while accommodating their tremendous heterogeneity and respecting their freedom? Neo-Kantian liberals and cosmopolitans such as Habermas reject appeals to shared ethnicity, culture, or nation, for fear that they effect the suppression of difference; communitarian critics retort that theories like Habermas's are impotent to motivate social integration. My goal is to show that this theoretical impasse is an artifact of the fact that both camps articulate their disagreements within the tacitly shared parameters inherited from the long-running debate between philosophy and rhetoric. By first interrogating the posited relationship between rhetoric, passion, reason, and politics in Rousseau's oeuvre, I illustrate the reception of this ancient debate in modern political theory, a reception that has effected a series of binaries such as reason/passion and abstract/concrete---the first terms associated with impotence, the second with motivational efficacy. I then turn to contemporary cultural nationalist thought, and demonstrate how these binaries are deployed to critique doctrines such as Habermas's constitutional patriotism. The Rousseauist assumption that affect requires "concrete" sites to motivate social integration is invariably combined with the presupposition that bounded communities such as the nation instantiate the required concreteness. The implausibility of that presumption such communities are "imagined" and not concrete in any relevant sense---is masked by the category of territory, which serves as a trope for concreteness. Tracing the roots of this dubious trope to Rousseau shows how "territory" reproduces the exclusionary features that the distinction between ethnic and civic-territorial nationalism tends to attribute solely to ethnicity: concreteness often means either an exclusionary boundedness directed against the foreign other, or an ossification of collective identities that stifles difference internally. Finally, turning to the discourse-ethical theory's promise to avoid this suppression of difference, I argue that Habermas fails to shake the charge of motivational impotence precisely because he is just as beholden to the philosophy/rhetoric binaries as his critics. Drawing on an Aristotelian art of rhetoric, I show how Habermas's category of discursive rationality can be reconstructed as a mode of organizing, rather than expelling, rhetoric and the passions

Prior to 1651, Hobbes was agnostic about the existence of God. Hobbes argued that God’s existence could neither be demonstrated nor proved, so that those who reason about God’s existence will systematically vacillate, sometimes thinking God exists, sometimes not, which for Hobbes is to say they will doubt God’s existence. Because this vacillation or doubt is inherent to the subject, reasoners like himself will judge that settling on one belief rather than another is epistemically unjustified. Hobbes’s agnosticism becomes apparent once we attend to his distinctions between the propositional attitudes one might adopt towards theological claims, including supposing, thinking, having faith and knowing.

In On Global Justice, Mathias Risse claims that the earth’s original resources are collectively owned by all human beings in common, such that each individual has a moral right to use the original resources necessary for satisfying her basic needs. He also rejects the rival views that original resources are by nature owned by no one, owned by each human in equal shares, or owned and co-managed jointly by all humans. I argue that Risse’s arguments fail to establish a form of ownership at all and, moreover, that his arguments against the three rival views he considers all fall short. His argument establishes, rather, a moral constraint on any conventional system of property ownership.

Hobbesian war primarily arises not because material resources are scarce; or because humans ruthlessly seek survival before all else; or because we are naturally selfish, competitive, or aggressive brutes. Rather, it arises because we are fragile, fearful, impressionable, and psychologically prickly creatures susceptible to ideological manipulation, whose anger can become irrationally inflamed by even trivial slights to our glory. The primary source of war, according to Hobbes, is disagreement, because we read into it the most inflammatory signs of contempt. Both cause and remedy are therefore primarily ideological: The Leviathan's primary function is to settle the meaning of the most controversial words implicated in social life, minimize public disagreement, neutralize glory, magnify the fear of death, and root out subversive doctrines. Managing interstate conflict, in turn, requires not only coercive power, but also the soft power required to shape characters and defuse the effects of status competition.

According to the special-obligations challenge to the justice argument for more open borders, immigration restrictions to wealthier polities are justified because of special obligations owed to disadvantaged compatriots. I interrogate this challenge by considering three types of ground for special obligations amongst compatriots. First, the social relations that come with shared residence, such as participation in a territorially bounded, mutually beneficial scheme of cooperation; having fundamental interests especially vulnerable to the state’s exercise of power; being subject to coercion by the state; and having pervasive and roughly equal stakes in a political society. Second, the civic relations of shared citizenship, such as participation in a common political enterprise. And third, the political relation of joint responsibility for the exercise of political power. In light of this analysis, I argue that whatever special obligations are owed by citizens (or residents) of wealthier polities to their domestic poor, they do not justify restrictions on immigration by the global poor.

There are at least five important arguments for why liberal egalitarianism permits states, under today's circumstances, to close their borders to foreigners: the public order, domestic economy, social integration, political threat, and domestic welfare arguments. Critical examination of these arguments suggests that liberal egalitarianism, rather than supporting a right to close one's borders to foreigners, mandates borders considerably more open than is the practice of today's self-styled liberal states.

By the time Hobbes wrote Leviathan, he was a theist, but not in the sense presumed by either side of the present-day debate concerning the sincerity of his professed theism. On the one hand, Hobbes’s expressed theology was neither merely deistic, nor confined to natural theology: the Hobbesian God is not merely a first mover, but a person who counsels, commands, and threatens. On the other hand, the Hobbesian God’s existence depends on being constructed artificially by human convention. The Hobbesian God is not a natural person; he exists as a person only insofar as he is by fiction represented. Like the state and pagan gods, he is an artificial person by fiction. The upshot is that Hobbes was a sincere theist and that his seventeenth-century critics were right to think that, in their sense, he was an atheist: he did not steadfastly believe in an independently existing deity who precedes human convention. Hobbes was agnostic on this question. He nevertheless believed that God is brought into being as an artificial person. This ‘personal theology’ not only involved a heretical interpretation of the Trinity, it also came to play a significant role in his moral and political philosophy.

Two arguments apparently support the thesis that collective identity presupposes an Other: the recognition argument, according to which seeing myself as a self requires recognition by an other whom I also recognize as a self (Hegel); and the dialogic argument, according to which my sense of self can only develop dialogically (Taylor). But applying these arguments to collective identity involves a compositional fallacy. Two modern ideologies mask the particularist thesis’s falsehood. The ideology of indivisible state sovereignty makes sovereignty as such appear particularistic by fusing “internal” with “external” sovereignty; nationalism imagines national identity as particularistic by linking it to sovereignty. But the concatenation of internal sovereignty, external sovereignty, and nation is contingent. Schmitt’s thesis that “the political” presupposes an other conflates internal and external sovereignty, while Mouffe’s neo-Schmittianism conflates difference (Derrida) with alterity. A shared global identity may face many obstacles, but metaphysical impossibility and conceptual confusion are not among them.

Against the dominant view in contemporary Hobbes scholarship, I argue that Hobbes’ philosophy of language implicitly denies that linguistic expressions refer to anything. I defend this thesis both textually, in light of what Hobbes actually said, and contextually, in light of Hobbes’ desertion of the vocabulary of suppositio, which was prevalent in semantics leading up to Hobbes. Hobbes explained away the apparent fact of linguistic reference via a reductive analysis: the relation between words and things wholly reduces to a composite of the relation of signification between words and conceptions on the one hand, and the relation of representation between conceptions and things on the other. Intentionality, for Hobbes, accrues to conceptions, not words

Readers of Hobbes usually take his account of practical deliberation to be a passive process that does not respond to agents’ judgements about what normative reasons they have. This is ostensibly because deliberation is purely conative and/or excludes reasoning, or because Hobbesian reasoning is itself a process in which reasoners merely experience a succession of mental states (e.g. according to purely associative mental structures). I argue to the contrary that for Hobbes deliberation (and hence the basis for voluntary action) is not purely conative and amongst humans it involves reasoning. Furthermore, while non-linguistic reasoning is passive, specifically linguistic reasoning is for Hobbes an active process in which reasoners affirm propositions from which they reason. The historical significance of Hobbes’s new account of agency lies in his attempt, in deploying the tool of language, to weld a materialist determinism to a cognitive account of practical deliberation that can involve reasoning and be reason-responsive.

Liberal nationalists advance two claims: (1) an empirical claim that nationalism is functionally indispensable to the viability of liberal democracy (because it is necessary to social integration) and (2) a normative claim that some forms of nationalism are compatible with liberal democratic norms. The empirical claim is often supported, against postnationalists’ view that social integration can bypass ethnicity and nationality, by pointing to the inevitable ethnic and cultural particularities of all political institutions. I argue that (1) the argument that ethno-cultural particularity demonstrates the need for nationalist integration depends on an implausible reification of national identity at the level of social theory, and that (2) this reification ironically serves to undermine liberal nationalists’ normative claim.

According to the special-obligations challenge to the justice argument for more open borders, immigration restrictions to wealthier polities are justified because of special obligations owed to disadvantaged compatriots negatively impacted by the immigration of low-skilled foreign workers. We refute the special-obligations challenge by refuting its empirical premise and draw out the normative implications of the empirical evidence for border policies. We show that immigration to wealthier polities has negligible impact on domestic wages and that only previous cohorts of immigrants are adversely affected. The special-obligations challenge therefore succeeds only if special obligations owed to previous immigrants justify closing borders to further immigration; we argue that they do not

The susceptibility of Habermas' socio-political theory to the charge of motivational impotence can be traced to a problem in the way in which he conceives of discursive practical reason. By implicitly constructing the notion of discursive rationality in contrast to, and in abstraction from, the rhetorical and affective components of language use, Habermas' notion of discursive practical reason ends up reiterating the same binaries — between reason and passion, abstract and concrete, universal and particular — that provide the tacit parameters used by his critics to motivate the charge of impotence. Habermas' project of reconciling social integration and political rule with freedom can succeed only by rebuilding his discourse -ethical theory of politics upon a notion of discursive practical reason that overcomes these philosophy/rhetoric binaries common to both camps. Key Words: communicative action • constitutional patriotism • discourse ethics • Jürgen Habermas • practical reason • rhetoric

The question of whether or not a closed border entry policy under the unilateral control of a democratic state is legitimate cannot be settled until we first know to whom the justification of a regime of control is owed. According to the state sovereignty view, the control of entry policy, including of movement, immigration, and naturalization, ought to be under the unilateral discretion of the state itself: justification for entry policy is owed solely to members. This position, however, is inconsistent with the democratic theory of popular sovereignty. Anyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries. Because the demos of democratic theory is in principle unbounded, the regime of boundary control must be democratically justified to foreigners as well as to citizens, in political institutions in which both foreigners and citizens can participate.

Although sovereign jurisdictional authority is not itself a kind of property right for Hobbes, it is the object of the sovereign’s (not the state’s) proprietary rights. Jurisdictional authority for Hobbes is foundationally over persons rather than territory, so that the sovereign’s territorial jurisdiction is parasitic on jurisdiction over persons. Territory nevertheless plays a significant role in determining subjects’ political obligations because the sovereign’s ability to protect subjects is necessary for such obligations, and control over space is necessary to protect subjects. Yet Hobbes shows why the modern ideology of the state does not univocally posit the state as an intrinsically territorial entity. There are two traditions here: The Lockean one that, in grounding jurisdictional authority in private dominion over things, portrays the state as intrinsically territorial, and the Hobbesian one that, in deriving property rights from jurisdictional authority, does not.

National Baha’i elections, conducted world-wide without nominations, competitive campaigns, or parties, challenge the emerging consensus that the only truly democratic elections are multiparty elections in which each party’s candidates compete freely for votes. National Baha’i electoral institutions are based on three core values: respect for the inherent dignity of each person, the unity and solidarity of persons collectively, and the justice and fairness of institutions. While liberal political philosophy interprets respect for dignity exclusively in terms of equality and freedom, the Baha’i model interprets dignity to require respect for the equality, freedom, and nobility of each person. The perfectionist focus on nobility helps explain the distinct features of national Baha’i elections and, in particular, the ban on campaigning. In light of ongoing concerns about the character of the electoral process in actually existing democracies, further research into Baha’i elections and their philosophical foundations provides a promising basis for rethinking widely held liberal assumptions about how democratic elections must be conducted.

According to Aristotle, character (êthos) and emotion (pathos) are constitutive features of the process of phronetic practical deliberation: in order to render a determinate action-specific judgement, practical reasoning cannot be simply reduced to logical demonstration (apodeixis). This can be seen by uncovering an important structural parallel between the virtue of phronêsis and the art of rhetoric. This structural parallel helps to show how Aristotle's account of practical reason and deliberation, which constructively incorporates the emotions, illuminates key issues in contemporary democratic theory concerning deliberation at the political level.

The claim that liberal democratic normative commitments are compatible with nationalism is challenged by the widely acknowledged fact that national identities invariably depend on historical myths: the nationalist defence of such publicly shared myths is in tension with liberal democratic theory’s commitment to norms of publicity, public justification, and freedom of expression. Recent liberal nationalist efforts to meet this challenge by justifying national myths on liberal democratic grounds fail to distinguish adequately between different senses of myth. Once this is done (drawing on Arthur Danto’s analytical philosophy of history), it becomes apparent that historical narratives cannot be justifiably shielded from criteria of truth and significance, and that genuinely historical myths are incompatible with liberal democratic political philosophy.