This essay theorizes how the enforcement of universal norms contributes to the solidification of ... more This essay theorizes how the enforcement of universal norms contributes to the solidification of sovereign rule. It does so by analyzing John Locke's argument for the founding of the commonwealth as it emerges from his notion of universal crime in the Second Treatise of Government. Previous studies of punishment in the state of nature have not accounted for Locke's notion of universal crime which pivots on the role of mankind as the subject of natural law. I argue that the dilemmas specific to enforcing the natural law against " trespasses against the whole species " drive the founding of sovereign government. Reconstructing Locke's argument on private property in light of universal criminality, the essay shows how the introduction of money in the state of nature destabilizes the normative relationship between the self and humanity. Accordingly, the failures of enforcing the natural law require the partitioning of mankind into separate peoples under distinct sovereign governments. This analysis theorizes the creation of sovereign rule as part of the political productivity of Locke's notion of universal crime and reflects on an explicitly political, rather than normative, theory of " humanity. "
Current debates on 'crimes against humanity' address its history and its potentially neo-imperial... more Current debates on 'crimes against humanity' address its history and its potentially neo-imperial effects in international relations. In reference to these issues, this essay abstracts the idea of universal crime from the contemporary concept of 'crimes against humanity' and analyzes its mobilizations in early-modern perspectives on the legitimacy of European colonialism. First theorizing the easy union between notions of universal crime and arguments about European imperialism, I then draw on arguments by Vitoria, Gentili, and Grotius. I find that they rely on the idea of an offense injuring all mankind to negotiate colonial relationships between European powers and peoples abroad as well as between European powers vis-à-vis one another, both within Europe and in non-European spaces. The essay concludes by offering three venues for inquiry into the concepts of universal crime and crimes against humanity, namely their political productivity, their historical circulation, and their contemporary neo-imperial character.
This essay theorizes how the enforcement of universal norms contributes to the solidification of ... more This essay theorizes how the enforcement of universal norms contributes to the solidification of sovereign rule. It does so by analyzing John Locke's argument for the founding of the commonwealth as it emerges from his notion of universal crime in the Second Treatise of Government. Previous studies of punishment in the state of nature have not accounted for Locke's notion of universal crime which pivots on the role of mankind as the subject of natural law. I argue that the dilemmas specific to enforcing the natural law against " trespasses against the whole species " drive the founding of sovereign government. Reconstructing Locke's argument on private property in light of universal criminality, the essay shows how the introduction of money in the state of nature destabilizes the normative relationship between the self and humanity. Accordingly, the failures of enforcing the natural law require the partitioning of mankind into separate peoples under distinct sovereign governments. This analysis theorizes the creation of sovereign rule as part of the political productivity of Locke's notion of universal crime and reflects on an explicitly political, rather than normative, theory of " humanity. "
Current debates on 'crimes against humanity' address its history and its potentially neo-imperial... more Current debates on 'crimes against humanity' address its history and its potentially neo-imperial effects in international relations. In reference to these issues, this essay abstracts the idea of universal crime from the contemporary concept of 'crimes against humanity' and analyzes its mobilizations in early-modern perspectives on the legitimacy of European colonialism. First theorizing the easy union between notions of universal crime and arguments about European imperialism, I then draw on arguments by Vitoria, Gentili, and Grotius. I find that they rely on the idea of an offense injuring all mankind to negotiate colonial relationships between European powers and peoples abroad as well as between European powers vis-à-vis one another, both within Europe and in non-European spaces. The essay concludes by offering three venues for inquiry into the concepts of universal crime and crimes against humanity, namely their political productivity, their historical circulation, and their contemporary neo-imperial character.
Uploads