Critical Theory and Political Modernity
“This book represents a significant and original contribution to the field. It displays an enormous depth of knowledge in its distinctive account of political modernity—its problems and potentials. It is one of the more stereoscopic works recently produce
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José Maurício Domingues
Critical Theory and Political Modernity
José Maurício Domingues Rio de Janeiro State University Rio de Janeiro, Brazil
ISBN 978-3-030-02000-2 ISBN 978-3-030-02001-9 (eBook) https://doi.org/10.1007/978-3-030-02001-9 Library of Congress Control Number: 2018960919 © The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer Nature Switzerland AG 2019 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover designed by Tjaša Krivec This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Contents
Introduction xi Part I 1 1 The Dual Individual and Its Rights 3 1.1 The Split Nature of the Modern Social Fabric: Citizen and Private Agent 3 1.2 Rights and the Law 7 1.2.1 Rights as Real Abstractions 7 1.2.2 Elements of Rights 10 1.3 The Social Pact: Fable and Reality 17 1.4 Reach of Citizenship Rights 26 1.5 Rights and the Modern Imaginary 29 1.6 From Rights to Sovereignty 34 2 The State as Abstraction 49 2.1 From Law to State 49 2.2 The Rule of Law 52 2.3 The State Apparatus and the Law 58 2.3.1 The Police 60 2.3.2 Law and the Overall Bureaucratic Apparatus 62 2.4 De-personalization, De-politicization, De-substantialization 67 2.5 Towards Political Rights and Representation 71 v
vi
Contents
3 From Abstract to Concrete 91 3.1 Nation and People 91 3.2 Social Policy and Social Citizenship 96 3.2.1 Universalism 97 3.2.2 Rights, Entitlements and Targeting 99 3.2.3 Sectorialized Policies101 3.3 Rights and Freedom102 3.4 The Upsurge of Concreteness104 3.4.1 Neopatrimonialism105 3.4.2 Administration and the Law106 3.4.3 The Multiplication of Bureaucratic
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