This chapter contains sections titled: Introduction Political Reflexivity and the Boundaries of Legal Order Legal Unity and Political Plurality Question and Response Human Rights and the Dialectic of Cosmopolitanism Bidding Farewell to Communitarianism and Cosmopolitanism Acknowledgments References.

Bringing together normative political theory and recent empirical research on the state, the essay examines the challenges posed by the postnationalization and privatization of state authority to conventional accounts of civil disobedience. It does so by taking a careful look at John Rawls’ influential theory of civil disobedience along with its oftentimes neglected implicit assumptions about state and society, assumptions which turn out to have reproduced commonplace postwar statist and Westphalian ideas, including the optimistic view that the liberal democratic nation (...) state should prove up to the task of successfully regulating and perhaps civilizing capitalism. Postnationalization and privatization render those assumptions problematic. Consequently, the Rawlsian model that was partly constructed on them becomes problematic as well. However, some of its features transcend the obsolescent empirical assumptions on which it was implicitly built. Theorists of civil disobedience should not just deconstruct but also reconstruct the Rawlsian account of civil disobedience. Postnationalization and privatization may leave us with a bare-bones version of the Rawlsian original. Yet bare bones arguably remain better than no bones. (shrink)

Over the last decade and a half, in a literature otherwise obsessed with citizenship in all its forms, a broad array of scholars has downplayed, criticized, and at times trivialized national citizenship. The assault on citizenship has had both an expansionary and a contractionary thrust. It is expansionary in that the language of citizenship is no longer linked with nationality, but rather protest politics. An earlier generation of social scientists would have described these actions as lobbying; they have now become (...) “citizenship practice.” It is contractionary in that what one might have thought to be the core of citizenship; nationality, the possession of a nation-state’s passport is viewed as less and less relevant to citizenship. Scholars have dislodged both the substance of citizenship, what it is, and the location of citizenship, where it “happens,” from the nation-state and national citizenship. The article challenges this devaluation of citizenship and the nation-state on empirical, conceptual, and normative grounds. Empirically, scholars, whom I link together under the umbrella term “postnationalists,” have based their anti-statist arguments on evidence that, when subjected to further inspection, wholly fails to support the arguments advanced. Conceptually, postnationalists rely on categories that are confused and untenable, being that national variables are cited as evidence of transnational developments. Normatively, postnationalists have lost the emancipatory thrust that once gave concerns with citizenship real-world purchase. (shrink)

This article argues that there is a discrepancy between Jürgen Habermas's initial plea for critical and rational identities and his more recent glorification of the European model. Initially, Constitutional Patriotism could be apprehended as a critical standard for existing political practices. However, Habermas's recent political texts tend to lose all kind of reflexive distance in their apprehension of the European identity — which is presented as distinct and even superior to its counter-model, the US. Such a `Europatriotic' temptation should be (...) resisted. The `thick' European identity advocated by Habermas has no truly federative dimension and could undermine the unique normative potential of a political entity composed of distinct identities. Consequently, the article suggests an elucidation of liberal postnationalism with a view to explaining its refusal to tie Europe's legitimacy to an identification logic. (shrink)

At the heart of the Israeli-Palestinian conflict rages a struggle between two foundational tragedies: the Jewish Holocaust and the Palestinian Nakba. The contending ways in which both events are commemorated is a known feature of the conflict. Less known are marginal attempts to jointly deliberate on them. This article draws on such attempts to theorize a postnational conception of memory. Deliberating on the Holocaust and the Nakba, it argues, challenges the way nationalism structures ‘our’ and ‘their’ relationship to the past. (...) While nationalism seeks the congruence of memory and territory, postnationalism challenges this congruence. Doing so entails extending the communicative bounds of memory beyond national members, disrupting the territorialization of memory along national lines, and critically revising national narratives in light of a cosmopolitan memory. The article explores these three dimensions and offers a typology that differentiates the way nationalism and postnationalism mediate our relationship to the past. (shrink)

The enlargement of the European Union to include eventually Turkey and the former communist countries is a major challenge for our understanding of the meaning of Europe as a geopolitical, social and cultural space. It is also a question of the identity of Europe as one shaped by social or systemic integration. With the diminishing significance of national borders within the EU, the outer territorial frontier is also losing its significance and Europe will become more and more postwestern. It thus (...) appears that the eastern frontier is more flexible than was previously thought. The EU is now at the decisive point of moving beyond postnationality to a transnational encounter with multiple civilizational forms. Enlargement is not just about getting bigger but is crucially a matter of cultural transformation and therefore it differs from all previous dynamics of Europeanization. Rather than tell the story of Europeanization exclusively as one of national histories and of closure, a civilizational analytic offers the possibility of multiple modernities and thus of a more appropriate theorization of the current situation. (shrink)

In seeking to answer the question "How does that which is other become evil?" the author provides a discussion of four entwined aspects of the issue at stake: difficulty in achieving clarity on the grammar of evil; genocide as a striking illustration of otherness becoming evil; the challenge of postnationalism as a resource for dealing with otherness in the socio-political arena; and the ethico-religious dimension as it relates to the wider problem of evil.

South Africa's transition to democracy coincided and interlinked with massive global shifts, including the fall of communism and the rise of western capitalist triumphalism. Late capitalism operates through paradoxical global-local dynamics, both universalising identities and expanding local particularities. The erstwhile hegemonic identity of apartheid, 'the Afrikaner', was a product of Afrikaner nationalism. Like other identities, it was spatially organised, with Afrikaner nationalism projecting its imagined community onto a national territory. The study traces the neo-nationalist spatial permutations of 'the Afrikaner', following (...) Massey's understanding of space as political, produced through interrelations ranging from the global to micro intimacies, potentially a sphere for heterogeneous co-existence, and continuously created. Research is presented that shows a neo-nationalist revival of ethnic privileges in a defensive version of Hall's 'return to the local'. Although Afrikaner nationalism's territorial claims to a nation state were defeated, neo-nationalist remnants reclaim a purchase on white Afrikaans identities, albeit in shrunken territories. This phenomenon is, here, called Afrikaner enclave nationalism. Drawing on a global revamping of race as a category of social subjugation, a strategy is deployed that is here called 'inward migration'. These dynamics produce a privatised micro-apartheid in sites ranging from homes, to commercial and religious enterprises, to suburbs. Virtual white spaces in the form of Afrikaans media products serve as extensions of these whitened locales. The lynchpin holding it all together is the heteronormative, middle-class family, with consumption the primary mode of the generation of its white comfort zones. (shrink)

Postnationalists like Habermas have suggested EU citizenship as a way to overcome nationalisms, grounding political belonging on the body of laws that members of the postnational polity generate in the public sphere. Cosmopolitan communitarianist like Bellamy think that EU citizens should form a mixed-commonwealth, with political belonging based on their nations. I will argue that the second option is more desiderable and submit the analogical character of the ensuing ideas of the citizenship, identity and polity. Cosmopolitan communitarianist citizenship promises to (...) better foster the great richness of European national cultural, religious, historical, political, legal and linguistic diversity while still maintaining a certain unity to form a "mixed" polity. (shrink)

The European Union requires a stronger approach to social solidarity than has been offered in existing theory. Perhaps the exigency of this claim is nowhere more evident than in the recent failed referendums in France and the Netherlands. In both cases the narrow legal-economic sense of the EU won out over what was hoped to be an emerging European public sphere, indeed a shared sense of European identity rooted in history. This article asks what type of ‘history’ this identity requires. (...) Approaching this problem from a theoretical perspective, I will outline why and how such a ‘history’ must accord with the existing limits set by post-and/or transnationalism itself. Second, I will question how well various attempts at writing such a ‘history’ have already managed in terms of these limits. Lastly, drawing on the current work of sociologist Ulrich Beck, I will put forward a theoretical alternative to the existing models. (shrink)

Ulrich Beck, Jean-Marc Ferry et Jürgen Habermas voient dans l’Union européenne la réalisation d’une démocratie postnationale, capable de se hisser au niveau des enjeux actuels. Les signes de cette réalisation ne se font toutefois pas jour dans des valeurs abstraites, mais dans l’expérience de l’européanisation, lors des commerces transfrontaliers. Après avoir présenté ce paradoxe dans les textes, nous suggérons que l’accent mis sur les expériences ordinaires tient à la place occupée par le droit dans la construction européenne. Le contrôle des (...) libertés de circulation par la Cour de justice de l’Union européenne, caractéristique du marché intérieur, est à l’origine d’une intégration plus large, qui a étendu les droits des opérateurs économiques et forgé le statut de citoyen européen. La jurisprudence de la CJUE a en effet permis d’élargir la portée des droits transnationaux, dans la continuité du droit cosmopolitique kantien, sans dissoudre les États membres dans une association supranationale. Une affiliation postnationale, alternative au modèle de la souveraineté étatique classique, semble ainsi se concrétiser dans l’Union européenne. Cependant, nous suggérons que le crédit accordé à la construction, par la jurisprudence de la CJUE, de la citoyenneté postnationale, risque d’occulter les effets problématiques d’une intégration judiciaire vouée à être essentiellement négative. (shrink)