What follows is less than a book review and more than a book report – I hope. My plan is to convey a first impression, chapter-by-chapter, every week or so.
Actualized Freedom’s Fragility in the Myths of Self-Authorization.
Freedom, more specifically “fully actualized freedom,” is spontaneity – acting on new reasons – that has been “unhooked from exigency,” i.e. recurrent and habitual patterns of action. This happens when subjects are directly related to one another, so that what it makes sense to do or what one has reason to do is not shaped by their relations with “inert objects” (39). Subjects directly related to one another can, as a group, authorize their own actions because each recognizes all others and each is recognized by all.
Once such a group has formed it has a reason for maintaining itself, namely to maintain the freedom of self-authorization (and equality) as an “indeterminate good” (48). Self-authorization is “fragile,” however, because, being paradoxical and to that extent logically impossible, it is something of a myth (45, 47). Pinkard refers to the “paradox of democracy” (or autonomy):
the idea that a people authorizing itself, for example, to write a constitution cannot actually describe itself as an authoritative people capable of such an act until after “they” have written the constitution that creates and authorizes them as a people to do just that. (The United States Constitution, with its famous preamble beginning “We, the people …” is one of the paradigm cases.) (49.)
As an aside, I don’t see how the U.S. Constitution is paradoxical in this sense, for the people of the United States certainly existed, and were lawfully represented, when the Constitution of 1789 was being written, debated, and ratified. The United States of America was created in 1777 by the Articles of Confederation, which was an agreement among colonies or states that regarded themselves as sovereign to enter into a “Confederation and perpetual Union” of that name. Subsequently, it made sense to speak of the people of the United States, but strictly speaking the United States created by the Articles was not and did not claim to be the act of the people of the United States. The Articles do refer to “America” and could be said to allude to the American people, as the Declaration of Independence speaks for “one people” as opposed to another, but that’s not the same thing. Continue reading