Publications.

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Out of Joint
Out of Joint

To secure power in a crisis, leaders must sell deep change as a means to future good. But how could we know the future? Nomi Claire Lazar draws on stories across a range of cultures and contexts, ancient and modern, to show how leaders use constructions of time to frame events. These frames carry an implicit promise to secure or subvert an expected future, shaping belief in what is possible—and what is inevitable.

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States of Emergency
States of Emergency

In an emergency, statesmen concentrate power and suspend citizens’ rights. These emergency powers are ubiquitous in the crisis government of liberal democracies, but their nature and justification is poorly understood. Based on a pluralist conception of political ethics and political power, this book shows how we can avoid the dangers and confusions inherent in the norm/exception approach that dominates both historical and contemporary debate. The book shows how liberal values need never – indee

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States of Exception in American History
States of Exception in American History

States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, thi

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Decisionist Imagination
Decisionist Imagination

In the decades following World War II, the science of decision-making moved from the periphery to the center of transatlantic thought. The Decisionist Imagination explores how “decisionism” emerged from its origins in prewar political theory to become an object of intense social scientific inquiry in the new intellectual and institutional landscapes of the postwar era. By bringing together scholars from a wide variety of disciplines, this volume illuminates how theories of decision shaped numero

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Extra-Legal Power & Legitimacy
Extra-Legal Power & Legitimacy

When an economic collapse, natural disaster, epidemic outbreak, terrorist attack, or internal crisis puts a country in dire need, governments must rise to the occasion to protect their citizens, sometimes employing the full scope of their powers. How do political systems that limit government control under normal circumstances allow for the discretionary and potentially unlimited power that such emergencies sometimes seem to require?

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Temporal Boundaries of Law and Politics
Temporal Boundaries of Law and Politics

In the last decade, the changing role of time in society has once again taken centre stage in the academic debate. A prominent, but surely not the only, aspect of this debate hinges on the so-called acceleration of time and its societal consequences. Despite the fact that time is fundamental to the way in which law and politics function, the influence of the contemporary experience of time on law and politics remains underdeveloped.

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Books and Chapters

Recent Journal Articles 

Constitutional Alchemy
in Philosophy and Social Criticism (Online First, 2020)
 

https://journals.sagepub.com/doi/full/10.1177/0191453720974741

In ‘The End of Law’, Bill Scheuerman illustrates the ways normativity, context and decision interlace, putting the lie to Carl Schmitt’s claim that decision is pure will. In doing so, Scheuerman gestures toward a truth about the alchemical nature of constitutions. Like decisions, I argue, constitutions are alchemical mechanisms for actualizing norms and normativizing facts. They accomplish this in part through mediating between dynamic (individual and political) selves before and after the moment of decision or coming-into-force. Schmitt’s error – or perhaps his strategy – is to make static this dynamic process of political self- formation. Viewed as static, it is more difficult to discern the process ofnormativizing facts and concretizing norms. I show how contemporary populist authoritarians are particularly skilled at harnessing this strategy. Populist authoritarians often use constitutional change to consolidate not just power but constructed identity. They are able to do so because con- stitutions provide this strategy of dynamic identity formation, which, by generating new normative imperatives, in turn shores up legitimacy.

Keywords: Carl Schmitt, constitutions, political identity, political legitimacy, populism

Utopian Rhetoric has a Pleasure Problem
in Rhetoric Society Quarterly 51(3), (2021)
 

https://www.tandfonline.com/doi/full/10.1080/02773945.2021.1918511

By rhetorically tracing arcs of time, political leaders love to invoke a promised future. Those whose interest lies in a status-quo-future use process-oriented, cyclic, or progressive frames (“stick with me, we’re on the right path!”). But leaders who promise a radically changed future use a utopian stasis-rhetoric of ultimate arrival, an eschatology. But for Utopia, once achieved, to last,  conflict - which law traditionally manages through domination and violence - must cease. Utopia’s draw is precisely their absence. Because the desire that sparks pleasure drives action and conflict, Utopia thus confronts a pleasure problem. Non-Utopian rhetoric allows for ‘pleasure problem’ management, but a Utopia without domination and violence would have to solve it. Through a typology of pleasure, I suggest Utopias cannot. The pleasure problem means that the spoken promise of final arrival--which sparks energetic political activity in the present--renders Utopia an impossible future. 

 

Keywords: Utopia; eschatology; political rhetoric; temporality, pleasure 

Time Framing in the Rhetoric of Constitutional Preambles
in Law and Literature 33(1), 2021
 

https://doi.org/10.1080/1535685X.2019.1688477

Constitutional preambles grow ever longer, more complex, and more present in public debate. Extant theories note their descriptive or symbolic roles, but leave key elements, such as the use of historical recitation, untouched. A core purpose of such elements is legitimation. Because constitutions are not just legal documents but when promulgated, contentious events, leaders must sell a constitution to a sometimes sceptical or fractured citizenry. To sell the constitutional future, preambles cite the past. While the substance of past events matters, the arc of time traced out by joining the dots between events, also does rhetorical work. These narrative arcs have familiar shapes: progressive, cyclical, or eschatological. We recognize this type of story, and we know what type of thing happens next. By situating the new constitution as an event along such a recognizable arc of time, citizens can infer a hopeful future from the shape of a strategically constructed past. While not all historical preambles use “temporal framing” as a rhetorical strategy, the technique is common, and, here, illustrated through in-depth engagements with China’s and Hungary’s constitutional preambles.

 

Keywords: preamble, rhetorical framing, China, Hungary, constitution, temporality, legitimacy, history, time