Posts Tagged ‘freedom’
To this stimulating and learned series of posts I cannot add much about the genealogy of religious freedom or its fate in the US courts, never mind predict the consequences of judicial decisions, or even address a larger question raised by Winni Sullivan and others which, I take it, has to do with the general effects of submitting questions of religious practice to a particular kind of legal system, one that works by means of precedents, binding decisions, etc. I make two comments as an anthropologist.
At a moment when some of the theoretical gestures being inspired by old, new, or futuristic political theologies have become ineffective, Paul Kahn’s Political Theology: Four New Chapters on the Concept of Sovereignty is a book of extraordinary significance. Or, perhaps I should say that I think it might be a book of extraordinary significance, inasmuch as it bears a potential to do something which has remained impossible, not only for Carl Schmitt, but also for some important contemporary critics of neo-liberal political economy. I want to reflect specifically about the way this impossibility might become possible, strangely, by way of a new migration of Abraham into the territory of philosophies of freedom and difference.
I agree with Kahn (and with Schmitt) about the fact that political theory should leave room for decision and exception. But to me, the main question is: to what extent? Are there no principles that admit no exception? When I read Kahn, as when I read Schmitt, I don’t seem to encounter any such principles—anything like what Habermas thematized in Law and Morality as “indisponibility,” that is, rights that are not at the disposal of the sovereign. Can the sovereign decide that torture is a legitimate practice? The answer, to me, should be no without exception.
I am delighted that my new book on political theology has provided the occasion for this conversation. The editors have suggested that I offer an “interim” intervention. This is a good idea, since already much has been said. I am going to try to advance the discussion rather than defend the book, which will have to fend for itself. That a creative work must stand on its own is, by the way, central to my book’s claim about the nature of the free act, as well as to the attitude I take toward Schmitt’s text.
Kahn has identified an ideal—the sacrificial ideal of freedom—that exists both as an ideal and at times in practice. And while the U.S. is certainly his main subject, he describes an ideal of freedom that has purchase well beyond American borders. Perhaps this freedom is what we’ve seen evoked by some of the protesters in the Middle East and North Africa in recent months. And Kahn is right to draw our attention to the claim that there is something miraculous in the plausible appearance of “the people.” Conjuring the people by giving up one’s self seems to represent just the kind of freedom and popular sovereignty that Kahn has in mind. The challenge for those who accept Kahn’s ideal is how to bring the individual and the conjured popular sovereign into a sufficient degree of unity with the apparatus of government, for such is the condition of more lasting freedom. These are the directions in which Kahn pushes us, and we need not think that he is correct on a factual or phenomenological level all of the time in order to examine this ideal, to ask when and how it emerges, and to see it as something astounding and “theological.”
Paul W. Kahn’s Political Theology: Four New Chapters on the Concept of Sovereignty is a compelling book, though compelling in a sense not unlike an intellectual bruise one is drawn to press on again and again. Ostensibly a re-purposing of Carl Schmitt’s 1922 Political Theology, Kahn’s book possesses a more ambitious armature than his title and the format of following Schmitt’s chapter scheme might suggest. Kahn is a legal scholar by training, and interested here in the problem of sovereignty, which takes him deep into questions of law, jurisprudence, constitutional reasoning, and forms of political organization. It is no less notable, however, that Kahn’s project weighs in on four classic philosophical and political problems . . . .