Enzo Rossi

It is widely acknowledged that human rights law and politics are interwoven. This paper focuses on a specific aspect of this connection: states using human rights discourse to justify their actions while simultaneously shaping the very frameworks meant to hold them accountable. We argue that this creates a circular self-legitimation where states determine their own grounds of justification. Unlike critics who call into question the human rights project entirely, we acknowledge this flaw without abandoning the framework. We introduce radical realist social analysis as a novel jurisprudential instrument for studying and critiquing how states deploy human rights law. This instrument demonstrates how most state applications of human rights justifications are epistemically flawed, thereby failing in their justifying function. Meanwhile, our proposal avoids outright rejection of the human rights framework while strengthening material human rights against political exploitation.

I discuss three books that, like much contemporary literature on legitimacy, try to break away from the standard obligation-correlative account. The books are Matthias Brinkmann's *An Instrumentalist Theory of Legitimacy*, Fabienne Peter's *The Grounds of Political Legitimacy*, and Thomas Fossen's *Facing Authority*. For all their differences, the three books share a strategy: they try to find a way around some of the most intractable aspects of the problem of legitimacy. They all jettison something or other that, for a long time, had been thought essential to any sound philosophical treatment of legitimacy. They do so resourcefully and impressively, but not without cots. In what follows I attempt a cost-benefit analysis. My tentative contention is that where the books do not succeed, it is because—in different ways and to different degrees—they do not deal head-on with what I take to be the original sin of philosophical approaches to legitimacy: the split from descriptive, sociological approaches. I close with a rough sketch of what we may want to do about that.

Is there more to the recent surge in political realism than just a debate on how best to continue doing what political theorists are already doing? I use two recent books, by Michael Freeden and Matt Sleat, as a testing ground for realism’s claims about its import on the discipline. I argue that both book take realism beyond the Methodenstreit, though each in a different direction: Freeden’s takes us in the realm of meta-metatheory, Sleat’s is a genuine exercise in grounding liberal normative theory in a non-moralistic way. I conclude with wider methodological observations. I argue that unlike communitarianism (the previous contender for the discipline’s renewal), realism has the potential to open new vistas, though their novelty is to a large extent relative to the last forty years or so: realism is best thought of as a return to a more traditional way of doing political philosophy.

This paper examines how radical realism, a form of ideology critique grounded in epistemic rather than moral normativity, can illuminate the relationship between ideology and political power. The paper argues that radical realism can have both an evaluative and a diagnostic function. Drawing on reliabilist epistemology, the evaluative function shows how beliefs shaped by power differentials are often epistemically unwarranted, e.g. due to the influence of motivated reasoning and the suppression of critical scrutiny. The paper clarifies those mechanisms in order to address some recent critiques of radical realism. The paper then builds on those clarifications to explore the how tracing the genealogy of legitimation stories can diagnose the distribution of power in society, even if ideology does not play a direct stabilising role. This diagnostic function creates a third position in the debate on ideology between culturalists and classical Marxists, and it can help reconciling aspects of structural and relational theories of power.

This debate or “Critical Exchange” section from Contemporary Political Theory includes the following four articles discussing the book, the Dawn of Everything by David Graeber and David Wengrow: “We make our own history, but in circumstances of other people’s choosing: intercultural materialism in The Dawn of Everything” by Enzo Rossi, “Questions about The Dawn of Everything” by Karl Widerquist and Grant McCall, “Freedom and the bureaucratic state” by Annelien de Dijn, and “On historical materialism and The Dawn of Everything” by David Wengrow.

I consider how The Dawn of Everything deals with the question of whether cultural ideation can help explain social change in ways that do not posit non-material causal factors. I submit that the answer has to do with how each culture is materially impacted by other cultures, and how this leads to socio-political differentiation under similar environmental and technological conditions. In a nutshell, a culture’s ideation is a material constraint for other cultures that come into contact with it. I call this position, which I attribute to Graeber and Wengrow, intercultural materialism.

This essay outlines an empirically grounded account of normative political legitimacy. The main idea is to give a normative edge to empirical measures of sociological legitimacy through a nonmoralized form of ideology critique. A power structure’s responsiveness to the values of those subjected to its authority can be measured empirically and may be explanatory or predictive insofar as it tracks belief in legitimacy, but by itself it lacks normative purchase. It merely describes a preference alignment, and so tells us nothing about whether the ruled have reason to support the rulers. I argue that we can close this gap by filtering the preferences of the ruled through a form of nonmoralized epistemic ideology critique, itself grounded in an empirical account of how belief in legitimacy is formed.

In the last two decades Anglophone political theory witnessed a renewed interest in social-scientific empirical findings—partly as a reaction against normative theorizing centred on the formulation of abstract, intuition-driven moral principles. This brief paper begins by showing how this turn has taken two distinct forms: (i) a non-ideal theoretical orientation, which seeks to balance the emphasis on moral principles with feasibility and urgency considerations, and (ii) a fact-centric orientation, which seeks to ground normative conclusions in empirical results. The core of the paper then compares and contrast three variants of fact-centric political theory: normative behaviourism, grounded normative theory, and radical realism. The upshot: normative behaviourism achieves focus on observable behaviour at the cost of status quo bias, grounded normative theory achieves radicalism at the cost of endorsing an activist orientation to theorising, and radical realism combines a non-activist orientation with the potential for far-reaching critique of the status quo.

In this essay we criticise Rainer Forst's attempt to draw a connection between power and justification, and thus ground his normative theory of a right to justification. Forst draws this connection primarily conceptually, though we will also consider whether a normative connection may be drawn within his framework. Forst's key insight is that if we understand power as operating by furnishing those subjected to it with reasons, then we create a space for the normative contestation of any exercise of power. He calls this the noumenal understanding of power. Against the conceptual connection between power and justification, we argue that (i) on most plausible accounts of political freedom, some freedom-restrictions commonly attributed to the successful exercise of power would perplexingly count as failures of power on Forst's view, and that (ii) on the most plausible account of reason-recognition, namely an appropriateness of response account, a justification relation is only a sufficient but not necessary condition for recognition. Against the normative connection, we argue that (iii) Forst can establish the existence of a right to justification only if he reconsiders the transcendental aspirations of his theory.

What is the point of ideology critique? Prominent Anglo-American philosophers recently proposed novel arguments for the view that ideology critique is moral critique, and ideologies are flawed insofar as they contribute to injustice or oppression. We criticize that view and make the case for an alternative and more empirically-oriented approach, grounded in epistemic rather than moral commitments. We make two related claims: (i) ideology critique can debunk beliefs and practices by uncovering how, empirically, they are produced by self-justifying power, and (ii) the self-justification of power should be understood as an epistemic rather than moral flaw. Drawing on the recent realist revival in political theory, we argue that this genealogical approach has more radical potential, despite being more parsimonious than morality-based approaches. We demonstrate the relative advantages of our view by discussing the results of empirical studies on the contemporary phenomenon of neopatriarchy in the Middle East and North Africa.

Do salient normative claims about politics require moral premises? Political moralists think they do, political realists think they do not. We defend the viability of realism in a two-pronged way. First, we show that a number of recent attacks on realism, as well as realist responses to those attacks, unduly conflate distinctively political normativity and non-moral political normativity. Second, we argue that Alex Worsnip and Jonathan Leader-Maynard’s recent attack on realist arguments for a distinctively political normativity depends on assuming moralism as the default view, which places an excessive burden on the viability of realism, and so begs the question. Our discussion, though, does not address the relative merits of realism and moralism, so its upshot is relatively ecumenical: moralism need not be the view that all apt normative political judgments are moral judgments, and realism need not be the view that no apt normative political judgments are moral judgments.

The Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. Modern states' authority claims and their exercise of power and sovereignty span a spectrum: from the most stringently and explicitly codified-the constitutional level-to the most fluid and turbulent-acts of war. The Public Uses of Coercion and Force investigates both these individual extremes and also their relationship. Using Arthur Ripstein's recent work Kant and the Law of War as a focal point, this book explores this connection through the lens of the (just) war theory and its relationship to the law. The Public Uses of Coercion and Force asks many key questions: what, if any, are the normatively salient differences between states' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state's coercive reach? How could that be done while also guaranteeing a robust conception of human rights and adherence to the rule of law? With individual replies by Ripstein to chapters, this book will be of interest to students and academics of constitutional law, justice, philosophy of law, criminal law theory, and political science.

Our contention is that while what may be termed woke capitalism is the result of real changes in both the material structure of capitalism and its ideological superstructure, those are not changes pulling in the same direction. The main material development is the consolidation of the shift from a quasi-deterministic to a more pronouncedly probabilistic nexus of class and race. But it is unclear that this makes much difference to the material prospects of the vast majority of people of color or indeed of people in general. Indeed, the racial permeability of the upper classes is accompanied by an increased and inverse racial permeability of the underclass. Diversification is so elite-driven that it is unlikely to proceed beyond the cosmetic, and for that reason it seems that diversification does not necessarily correspond to any major structural changes in the relations between groups of people, whether we consider them as arranged by class, race, or the intersection of the two. It follows that the politics of representation should not be regarded as a vehicle for the agenda of the materialist left. We propose instead a responsive universalist approach—responsive to racism and all other forms of marginalization and different from the homogenizing universalism of class-only politics.

In this paper we show how a realistic normative democratic theory can work within the constraints set by the most pessimistic empirical results about voting behaviour and elite capture of the policy process. After setting out the empirical evidence and discussing some extant responses by political theorists, we argue that the evidence produces a two-pronged challenge for democracy: an epistemic challenge concerning the quality and focus of decision-making and an oligarchic challenge concerning power concentration. To address the challenges we then put forward three main normative claims, each of which is compatible with the evidence. We start with a critique of the epistocratic position commonly thought to be supported by the evidence. We then introduce a qualified critique of referenda and other forms of plebiscite, and an outline of a tribune-based system of popular control over oligarchic influence on the policy process. Our discussion points towards a renewal of democracy in a plebeian but not plebiscitarian direction: Attention to the relative power of social classes matters more than formal dispersal of power through voting. We close with some methodological reflections about the compatibility between our normative claims and the realist program in political philosophy.

In this paper we put forward a realist account of the problem of the accommodation of conflicting claims over sacred places. Our argument takes its cue from the empirical finding that modern, Western-style states necessarily mould religion into shapes that are compatible with state rule. So, at least in the context of modern states there is no pre-political morality of religious freedom that states ought to follow when adjudicating claims over sacred spaces. In which case most liberal normative theory on religious accommodation turns out to be wrong headed. As an alternative, we suggest the question of contested sacred places should be settled with reference to the state’s purposes—at least as long as one is committed to the existence of modern states. If one finds the state’s treatment of religion unsatisfactory, then our argument provides a pro tanto reason for seeking alternative forms of political organisation.

Drawing on empirical evidence from history and anthropology, we aim to demonstrate that there is room for genealogical ideology critique within normative political theory. The test case is some libertarians’ use of folk notions of private property rights in defence of the legitimacy of capitalist states. Our genealogy of the notion of private property shows that asking whether a capitalist state can emerge without violations of self-ownership cannot help settling the question of its legitimacy, because the notion of private property presupposed by that question is a product of the entity it is supposed to help legitimise: the state. We anchor our genealogical critique in recent work on ideology in epistemology and philosophy of language, and in current debates on the methodology of political theory. But, unlike more traditional approaches that aim to debunk whole concepts or even belief systems, we propose a more targeted, argument-specific form of ideology critique.

To what extent are questions of sovereign debt a matter for political rather than scientific or moral adjudication? We answer that question by defending three claims. We argue that (i) moral and technocratic takes on sovereign debt tend to be ideological in a pejorative sense of the term, and that therefore (ii) sovereign debt should be politicised all the way down. We then show that this sort of politicisation need not boil down to the crude Realpolitik of debtor-creditor power relations—a conclusion that would leave no room for normative theory, among other problems. Rather, we argue that (iii) in a democratic context, a realist approach to politics centred on what Bernard Williams calls ‘The Basic Legitimation Demand’ affords a deliberative approach to the normative evaluation of public debt policy options.

Political realism is characterised by fidelity to the facts of politics and a refusal to derive political judgments from pre- political moral commitments. Even when they are not taken to make normative theorising impossible or futile, those characteristics are often thought to engender a conservative slant, or at least a tendency to prefer incremental reformism to radicalism. I resist those claims by distinguishing between three variants of realism—ordorealism, contextual realism, and radical realism—and contrasting them with both non-ideal theory and utopianism. I then develop a version of radical realism as a form of debunking and vindicatory genealogy. Even though this new approach eschews both feasibility constraints (unlike non-ideal theory) and prescriptions about the ideal society (unlike utopianism), I show how it has more radical potential than morality-driven (and hence often ideological) political theory, and how it supports both open-ended, radical social critique and concrete forms of prefigurative political action.

This chapter discusses the Rawlsian project of public reason, or public justification-based 'political' liberalism, and its reception. After a brief philosophical rather than philological reconstruction of the project, the chapter revolves around a distinction between idealist and realist responses to it. Focusing on political liberalism’s critical reception illuminates an overarching question: was Rawls’s revival of a contractualist approach to liberal legitimacy a fruitful move for liberalism and/or the social contract tradition? The last section contains a largely negative answer to that question. Nonetheless the chapter's conclusion shows that the research programme of political liberalism provided and continues to provide illuminating insights into the limitations of liberal contractualism, especially under conditions of persistent and radical diversity. The programme is, however, less receptive to challenges to do with the relative decline of the power of modern states.

ABSTRACT This essay is a critical study of Jason Brennan's Against Democracy. We make three main points. First, we argue that Brennan's proposal of a right to competent government only works if one considers the absence of government a viable proposition, something most of his opponents are not prepared to do. Second, we suggest that Brennan's account of competent decision-making is blind to forms of oligarchic power that work against the very ideals of justice and epistemic virtue that competence is meant to safeguard. Third, we muster empirical evidence to argue that, in the real world, democracy is not just about making decisions and selecting policies, in which case Brennan's argument misses its mark.

This thesis is a critique of the prominent strand of contemporary liberal political theory which maintains that liberal political authority must, in some sense, rest on the free consent of those subjected to it, and that such a consensus is achieved if a polity’s basic structure can be publicly justified to its citizenry, or to a relevant subset of it. Call that the liberal legitimacy view. I argue that the liberal legitimacy view cannot provide viable normative foundations for political authority, for the hypothetical consensus it envisages cannot be achieved and sustained without either arbitrarily excluding conspicuous sectors of the citizenry or commanding a consent that is less than free. That is because the liberal legitimacy view’s structure is one that requires a form of consent that carries free-standing normative force, yet the particular form of hypothetical consent through public justification envisaged by the view does not possess such force, because of its built-in bias in favour of liberalism. I also argue that the liberal legitimacy view is the most recent instantiation of one of two main strands of liberal theory, namely the nowadays dominant contract-based liberalism, which seeks to ground liberal political authority in a hypothetical agreement between the citizens. My case against the liberal legitimacy view, then, contributes to the revitalisation of the other main approach to the normative foundations of liberalism, namely the substantivist one, which legitimates liberal political authority through an appeal to the substantive values and virtues safeguarded and promoted by liberal polities.

A polity is grounded in a modus vivendi (MV) when its main features can be presented as the outcome of a virtually unrestricted bargaining process. Is MV compatible with the consensus-based account of liberal legitimacy, i.e. the view that political authority is well grounded only if the citizenry have in some sense freely consented to its exercise? I show that the attraction of MV for consensus theorists lies mainly in the thought that a MV can be presented as legitimated through a realist account of public justification. Yet I argue that, because of persistent ethical diversity, that realism problematically conflicts with the liberal commitments that underpin the very ideas of consensus and public justification. Thus, despite the interest it has recently attracted from critics of political liberalism and deliberative democracy, MV is not an option for those wishing to ground liberal political authority in some form of consensus. So if realist and agonistic critiques are on target, then the fact that modus vivendi is not an option casts some serious doubt on the viability of the consensus view of liberal legitimacy.

This paper outlines an account of political realism as a form of ideology critique. Our focus is a defence of the normative edge of this critical-theoretic project against the common charge that there is a problematic trade-off between a theory’s groundedness in facts about the political status quo and its ability to consistently envisage radical departures from the status quo. To overcome that problem we combine insights from three distant corners of the philosophical landscape: theories of legitimacy by Bernard Williams and other realists, Frankfurt School-inspired Critical Theory, and recent analytic epistemological and metaphysical theories of cognitive bias, ideology, and social construction. The upshot is a novel account of realism as empirically-informed diagnosis- critique of social and political phenomena. This view rejects a sharp divide between descriptive and normative theory, and so is an alternative to the anti- empiricism of some approaches to Critical Theory as well as to the complacency towards existing power structures found within liberal realism, let alone mainstream normative political philosophy, liberal or otherwise.

This paper provides a realist analysis of the EU's legitimacy. We propose a modification of Bernard Williams' theory of legitimacy, which we term critical responsiveness. For Williams, 'Basic Legitimation Demand + Modernity = Liberalism'. Drawing on that model, we make three claims. (i) The right side of the equation is insufficiently sensitive to popular sovereignty; (ii) The left side of the equation is best thought of as a 'legitimation story': a non-moralised normative account of how to shore up belief in legitimacy while steering clear of both raw domination and ideological distortions. (iii) The EU's current legitimation story draws on a tradition of popular sovereignty that sits badly with the supranational delegation and pooling of sovereign powers. We conclude by suggesting that the EU's legitimation deficit may be best addressed demoicratically, by recovering the value of popular sovereignty at the expense of a degree of state sovereignty.