Telos 209 (Winter 2024): Democracy Today?

Telos 209 (Winter 2024): Democracy Today? is now available for purchase in our store. Individual subscriptions to Telos are also available in both print and online formats.

Since the supposed triumph of liberal democracy with the end of the Cold War, democracy seems now to be in retreat. The hung parliaments in France and Germany, reminiscent of the divides of Germany’s Weimar Republic; the just-in-time reversal of the declaration of martial law in South Korea; the increasing authoritarianism of China, Iran, and Russia; and the deterioration of democratic norms in the United States are all indications that the liberal democratic end of history was a chimera.

What is the situation of democracy today? Are the present problems simply growing pains in the inevitable march of history, or are there fundamental limitations of this political form? Is democracy a stable form of government or a delicate balancing act that will always be at risk of deteriorating and being replaced by some form of authoritarianism?

These current indications of the precarity of democracy also coincide, however, with an intense concern for its future. Never has there been such a focus on democracy as a political goal. During the Cold War, the United States, more concerned about promoting capitalism than defending democracy, supported capitalist authoritarianism in places such as Chile, South Korea, and Taiwan. But as it turned out, capitalism did not really need such political backing. In the Cold War between capitalism and communism, the latter lost based on its inability to produce economic growth. Insofar as communism’s undermining of private property and market mechanisms proved to be economically catastrophic, even nominally communist governments in China and Vietnam have since voluntarily embraced capitalist economic policies. Aside from U.S. college campuses, the only diehard Marxists left are in Cuba, North Korea, and Venezuela, all of whose governments are presiding over the immiseration of their peoples.

While it was the Soviet Union, and not capitalism, that collapsed under the weight of its own contradictions, the general recognition of these contradictions meant that communism could only maintain itself by using repressive methods. Communism has been one of the surest ways of moving toward and cementing authoritarianism and totalitarianism. By contrast, capitalist authoritarianism has sometimes led to democratic reforms, and we can point again to Chile, South Korea, and Taiwan, but also to the countries of Eastern Europe, as successful transitioners to democracy within a capitalist framework. Unfortunately, while communism might correlate strongly with authoritarianism, the link between capitalism and democracy does not seem to be so tight.

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Law and Revolution: The Impact of Soviet Legitimacy on Post-Soviet Constitutional Transformation

Andrey N. Medushevsky’s “Law and Revolution: The Impact of Soviet Legitimacy on Post-Soviet Constitutional Transformation” appears in Telos 189 (Winter 2019), a special issue on constitutional theory. Read the full article at the Telos Online website, or purchase a print copy of the issue in our online store. Individual subscriptions to Telos are available in both print and online formats.

The systematic investigation of the Russian revolutionary tradition in comparative, historical, and functional perspective provides the opportunity to understand its impact on the creation of the modern world and the contemporary social and political system. This article discusses the meaning, formation, and evolution of the Soviet project—the concept and practice of social and legal reorganization in Russia inspired by Marxist philosophical ideas and fulfilled during the period from the Bolshevik Revolution of 1917 until the collapse of the Soviet regime in 1991. Employing a cognitive theoretical approach in historical studies, the author examines the role of Communist myth in the formation of the Soviet state, the ideological and legal grounds of one-party dictatorship, the nature of nominal constitutionalism, and the role of institutional continuity in the formation of the current political system. He shows the place of the permanent grounds (ideology, nominal constitutionalism, and dictatorial impetus) as well as the place of changing parameters of the project (Soviet, federative, and class-oriented regulation) regarding their formal and informal influence on the political regime’s legitimacy and the cumulative impact on the system’s transformation and failure. In this context, the author discusses the evolution of the legitimating formula of the political regime from Tsarist times to the collapse of the Soviet regime, as represented in ideological programmatic, nominal Soviet constitutionalism (1918, 1924, 1936, and 1977 Soviet constitutions) and changing practices of the social mobilization. That makes possible the general evaluation of the revolutionary heritage and its influence on the current post-Soviet ideological priorities, political system, legal transformation, and prospects for its modernization.

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Carl Schmitt on the Law, the Land, and the Sacred

Central to Carl Schmitt’s geophilosophy is his view that law is intrinsically linked to the physical location. This connection between the terra firma and the law is an essential element of what he refers to as nomos. Schmitt sees this as the most authentic form of law, distinguishable from views that perceive law as a normative or positive regime. In his article “Carl Schmitt and the Sacred Origins of Law,” Mika Ojakangas elucidates Schmitt’s conception of nomos, its relation to Schmitt’s view of mythopolitical legitimization of the state, and the consequences of rejecting the notion of such a link by secularization.

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