Eoin Daly
Biographic Data
| ID | 3976269 |
|---|---|
| NAME | Eoin Daly |
| GIVEN NAMES | Eoin |
| FAMILY NAME | Daly |
| SIGNATURE | DALY E |
| AFFILIATIONS | Ollscoil na Gaillimhe – University of Galway |
| ORCID | 0000-0001-5252-2386 |
| VERIFIED | Yes |
| TOTAL WORKS | 23 |
| TOTAL CITATIONS | 42 |
| AUTHOR COUNT | 22 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 2008 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 4 |
Boredom at the end of history: ‘Empty temporalities’ in Rousseau’s Corsica and Fukuyama’s liberal democracy
In this paper, I consider what it might mean to approach boredom as a problem of post-history, rather than of modernity as such. Post-history, or ‘end of history’, in this sense, is linked with the impossibility or unlikelihood of political-systemic change, and thus with the disappearance of the contingency or temporal flux that had been understood as the context or prerequisite of political action and political freedom. I will, argue, firstly, t…
Integration Referendums as Expressions of Constituent Power: Ireland as a Case Study
Referendums are usually conceptualized as expressing “constituent power” in obvious settings of constitutional foundation and rupture. However, I argue that if constituent power can be understood as “active” and relational within a political order—and not merely present in political foundings—then it is arguably present in “routine” referendums that have a function neither of foundation nor rupture, but rather of integration, and particularly in …
Legislating Fraternalism: Representations of Marianne in the 2010 French Face-Veiling Ban
While French laïcité is now understood as prohibiting public displays of religiosity (at least ‘conspicuous’ displays) by private citizens, this can be understood as expressing two quite contradictory demands, especially for minority or racialised subjects. On the one hand, the good republican citizen is portrayed as candidly expressive, and the voile intégral in particular is therefore condemned as austère. Yet on the other hand, the republican …
Popular Sovereignty After Brexit
The Brexit referendum highlights the apparently anomalous role of the “people” in the constitutional order of the United Kingdom. Politically speaking, its verdict is acknowledged as unassailable and unaccountable, yet this “sovereign” status has no legal grounds. In turn, some commentators have argued that this discrepancy between “political” and “legal” understandings of popular sovereignty—or the failure to properly institutionalize popular so…
Prosodic transfer across constructions and domains in L2 inflectional morphology
Second language (L2) learners are known to have difficulty producing inflection in obligatory contexts reliably. According to the Prosodic Transfer Hypothesis (PTH), the prosodic organisation of L2 inflection is constrained by the inventory of representations available in the L1. At the same time, this hypothesis does not explicitly limit how freely prosodic representations can be transferred, so that transfer across constructions within the same…
Alchemising peoplehood: Rousseau’s lawgiver as a model of constituent power
Because Rousseau identifies popular sovereignty with the enactment of fundamental laws, he seems to conflate popular sovereignty with constituent power: the people are sovereign because they constitute the state, without actually ruling it. However, he assigns the lawgiver, or (‘legislator’) an antecedent task that has a more obviously ‘constituent’ character – the task of constituting the people itself, as a political subject and political unity…
Providence and contingency in Corsica: Rousseau on freedom without politics
Rousseau’s embrace of popular sovereignty – a sovereignty that is unmediated and unrepresented – is often understood as entailing a kind of democratic absolutism. However, Richard Tuck has argued that Rousseau recognises the impossibility of large-scale democratic participation under early-modern conditions, and so confines popular sovereignty to one-off exercises in constitutional or ‘constituent’ lawmaking. This suggests that Rousseau’s thought…
Constitutionalism and Crisis Narratives in Post-Brexit Politics
The Brexit vote has sparked renewed criticism of the United Kingdom’s ad hoc constitutional arrangements, particularly in relation to the status of popular sovereignty. While the people is politically recognised as ‘sovereign’ through the apparent unassailability of its referendum verdict, this sovereignty has no legal foundation or form – thus giving it an elusive, indefinite character. In turn, legal commentators have argued that the lack of a …
Transparency as a justification for legislative supremacy
While most arguments for legislative supremacy are grounded on a procedural account of democratic equality, others appeal not to the abstract qualities of legislative process but rather to the mystifying or non-transparent nature of judicial review itself. In this paper, I aim to excavate and clarify what we understand by the non-transparent nature of constitutional-rights jurisprudence, compared with legislative decisions concerning rights. Most…
Laïcité in the Private Sphere? French Religious Liberty After the Baby-Loup Affair
While the French lai&x0308;cit e ́ principle has traditionally been understood as a principle of state neutrality, in recent decades it has increasingly been invoked against certain expressions of private religiosity in public space. However, while lai&x0308;cit e ́ as a political discourse now extends well beyond a purely institutional concept of neutrality, legal doctrine has proven resistant, at least to an extent, to this more expansive conce…
The political theory of the Irish Constitution: Republicanism and the basic law
A republican defence of the constitutional referendum
The constitutional referendum is often conceptualised as the ultimate institutional expression of popular sovereignty. However, ‘direct democracy’ is viewed apprehensively by many political and legal theorists, particularly republican scholars. They argue that referendums risk engendering a dangerous ‘populism’ while detracting from the deliberative and moderating virtues of parliamentary democracy. In this paper, I defend the political value of …
Freedom as Non-Domination in the Jurisprudence of Constitutional Rights
In recent decades, neo-republican philosophers have developed a theory of freedom as non-domination, which, they claim, is conceptually and analytically distinct from the “liberal” concept of freedom as non-interference. However, neo-republicans have intervened in constitutional debate almost exclusively in relation to structural issues of institutional competence, and have made little impact on the analytical jurisprudence of constitutional righ…
Reframing the Universalist Republic: Legal Pluralism in the French Periphery
France’s official republican doctrines preclude public recognition of legal pluralism, whether in the guise of legislative plurality or customary and religious legal orders. This unusually emphatic rejection of legal pluralism stems from an ideology of abstract universalism that translates primarily as a formalistic understanding of equality before the law and thus as a rejection of all identity-based classifications. Equality, in this sense, req…
Republican deliberation and symbolic violence in Rousseau and Bourdieu
Deliberation is widely viewed as being intrinsic to republican citizenship. Neo-Roman republicans such as Philip Pettit value deliberation primarily for its role in rendering coercive political authority non-arbitrary and thus non-dominating. Accordingly, a deliberative public sphere is seen as necessary to foil domination in politics. In this article, I consider a countervailing view shared by two otherwise very different theorists – Pierre Bour…
Political Theory of the Irish Constitution: Republicanism and the Basic Law
Ostentation and republican civility: Notes from the French face-veiling debates
France’s prohibition on public face-veiling was rationalised partly with reference to ‘fraternity’ – the third prong of the republican motto – as well as liberty and equality. Correspondingly, the voile intégral (‘full veil’) was widely described as transgressing republican standards of civility. Yet counterintuitively, republican civility was not understood, at least primarily, in terms of sociability or expressivity – but rather as requiring di…
Public Funding of Religions in French Law: The Role of the Council of State in the Politics of Constitutional Secularism
The 1905 Law on the Separation of Churches and State continues to represent the primary legislative expression of laïcité , France’s principle of constitutional secularism. While it privatized the formerly established denominations, the law also prohibited any financing of religions by public bodies. Although the legislation represented a broadly liberal solution to the church–state question, more recent measures targeting religious dress have ar…
Political liberalism and French national identity in the wake of the face-veiling law
Political liberalism suggests state power must be exercised and justified on terms all citizens can reasonably be expected to endorse, independently of their comprehensive identities or worldviews. For Rawls, a democratic community cannot be united by any shared ends or identities other than those connected with the political conception of justice itself. Republican political thought often seems to undermine this ‘liberal principle of legitimacy’…
Ritual and Symbolic Power in Rousseau’s Constitutional Thought
Rousseau’s constitutional writings place a seemingly eccentric emphasis on public ceremony, festival and pageantry as integral aspects of statecraft. The obvious function of such republican rituals is to promote the participative civic dispositions which provide stability for a deliberative politics based on common goods. In some accounts, therefore, Rousseau’s ritualistic constitutionalism has parallels in the mild ceremonial practices of contem…
Laïcité and republicanism during the Sarkozy presidency
Laïcité, gender equality and the politics of non-domination
The relationship between constitutional secularism and gender equality acquires peculiar dimensions in the context of the laïcité project in republican France – particularly, in the contemporary conflict between a laïcité interpreted as a politics of emancipatory social transformation, and the more minimalist liberal conception prevailing in French law. The dominant narrative in the republican establishment, shared between left and right, has bee…
Truth Skepticism: An Inquiry into the Value of Truth in Times of Transition
Truth commissions have become so fashionable in times of transition that one can readily recognize what might be called a ‘truth cascade.’ The commissions, and the reports they produce, are reputed to promote many of the goals at the heart of the transitional justice project: helping victims to heal, promoting accountability, drawing a bright line between the past and the present, promoting reconciliation and so forth. And yet, a closer look at t…
Truth Skepticism: An Inquiry into the Value of Truth in Times of Transition
Truth commissions have become so fashionable in times of transition that one can readily recognize what might be called a ‘truth cascade.’ The commissions, and the reports they produce, are reputed to promote many of the goals at the heart of the transitional justice project: helping victims to heal, promoting accountability, drawing a bright line between the past and the present, promoting reconciliation and so forth. And yet, a closer look at t…
Constitutionalism and Crisis Narratives in Post-Brexit Politics
The Brexit vote has sparked renewed criticism of the United Kingdom’s ad hoc constitutional arrangements, particularly in relation to the status of popular sovereignty. While the people is politically recognised as ‘sovereign’ through the apparent unassailability of its referendum verdict, this sovereignty has no legal foundation or form – thus giving it an elusive, indefinite character. In turn, legal commentators have argued that the lack of a …
Ostentation and republican civility: Notes from the French face-veiling debates
France’s prohibition on public face-veiling was rationalised partly with reference to ‘fraternity’ – the third prong of the republican motto – as well as liberty and equality. Correspondingly, the voile intégral (‘full veil’) was widely described as transgressing republican standards of civility. Yet counterintuitively, republican civility was not understood, at least primarily, in terms of sociability or expressivity – but rather as requiring di…
Laïcité, gender equality and the politics of non-domination
The relationship between constitutional secularism and gender equality acquires peculiar dimensions in the context of the laïcité project in republican France – particularly, in the contemporary conflict between a laïcité interpreted as a politics of emancipatory social transformation, and the more minimalist liberal conception prevailing in French law. The dominant narrative in the republican establishment, shared between left and right, has bee…
Ritual and Symbolic Power in Rousseau’s Constitutional Thought
Rousseau’s constitutional writings place a seemingly eccentric emphasis on public ceremony, festival and pageantry as integral aspects of statecraft. The obvious function of such republican rituals is to promote the participative civic dispositions which provide stability for a deliberative politics based on common goods. In some accounts, therefore, Rousseau’s ritualistic constitutionalism has parallels in the mild ceremonial practices of contem…
Providence and contingency in Corsica: Rousseau on freedom without politics
Rousseau’s embrace of popular sovereignty – a sovereignty that is unmediated and unrepresented – is often understood as entailing a kind of democratic absolutism. However, Richard Tuck has argued that Rousseau recognises the impossibility of large-scale democratic participation under early-modern conditions, and so confines popular sovereignty to one-off exercises in constitutional or ‘constituent’ lawmaking. This suggests that Rousseau’s thought…
Laïcité and republicanism during the Sarkozy presidency
Boredom at the end of history: ‘Empty temporalities’ in Rousseau’s Corsica and Fukuyama’s liberal democracy
In this paper, I consider what it might mean to approach boredom as a problem of post-history, rather than of modernity as such. Post-history, or ‘end of history’, in this sense, is linked with the impossibility or unlikelihood of political-systemic change, and thus with the disappearance of the contingency or temporal flux that had been understood as the context or prerequisite of political action and political freedom. I will, argue, firstly, t…
Alchemising peoplehood: Rousseau’s lawgiver as a model of constituent power
Because Rousseau identifies popular sovereignty with the enactment of fundamental laws, he seems to conflate popular sovereignty with constituent power: the people are sovereign because they constitute the state, without actually ruling it. However, he assigns the lawgiver, or (‘legislator’) an antecedent task that has a more obviously ‘constituent’ character – the task of constituting the people itself, as a political subject and political unity…
Reframing the Universalist Republic: Legal Pluralism in the French Periphery
France’s official republican doctrines preclude public recognition of legal pluralism, whether in the guise of legislative plurality or customary and religious legal orders. This unusually emphatic rejection of legal pluralism stems from an ideology of abstract universalism that translates primarily as a formalistic understanding of equality before the law and thus as a rejection of all identity-based classifications. Equality, in this sense, req…
Republican deliberation and symbolic violence in Rousseau and Bourdieu
Deliberation is widely viewed as being intrinsic to republican citizenship. Neo-Roman republicans such as Philip Pettit value deliberation primarily for its role in rendering coercive political authority non-arbitrary and thus non-dominating. Accordingly, a deliberative public sphere is seen as necessary to foil domination in politics. In this article, I consider a countervailing view shared by two otherwise very different theorists – Pierre Bour…
Political liberalism and French national identity in the wake of the face-veiling law
Political liberalism suggests state power must be exercised and justified on terms all citizens can reasonably be expected to endorse, independently of their comprehensive identities or worldviews. For Rawls, a democratic community cannot be united by any shared ends or identities other than those connected with the political conception of justice itself. Republican political thought often seems to undermine this ‘liberal principle of legitimacy’…
Truth Skepticism: An Inquiry into the Value of Truth in Times of Transition
Truth commissions have become so fashionable in times of transition that one can readily recognize what might be called a ‘truth cascade.’ The commissions, and the reports they produce, are reputed to promote many of the goals at the heart of the transitional justice project: helping victims to heal, promoting accountability, drawing a bright line between the past and the present, promoting reconciliation and so forth. And yet, a closer look at t…
Laïcité, gender equality and the politics of non-domination
The relationship between constitutional secularism and gender equality acquires peculiar dimensions in the context of the laïcité project in republican France – particularly, in the contemporary conflict between a laïcité interpreted as a politics of emancipatory social transformation, and the more minimalist liberal conception prevailing in French law. The dominant narrative in the republican establishment, shared between left and right, has bee…
Political liberalism and French national identity in the wake of the face-veiling law
Political liberalism suggests state power must be exercised and justified on terms all citizens can reasonably be expected to endorse, independently of their comprehensive identities or worldviews. For Rawls, a democratic community cannot be united by any shared ends or identities other than those connected with the political conception of justice itself. Republican political thought often seems to undermine this ‘liberal principle of legitimacy’…
Ritual and Symbolic Power in Rousseau’s Constitutional Thought
Rousseau’s constitutional writings place a seemingly eccentric emphasis on public ceremony, festival and pageantry as integral aspects of statecraft. The obvious function of such republican rituals is to promote the participative civic dispositions which provide stability for a deliberative politics based on common goods. In some accounts, therefore, Rousseau’s ritualistic constitutionalism has parallels in the mild ceremonial practices of contem…
Laïcité and republicanism during the Sarkozy presidency
Public Funding of Religions in French Law: The Role of the Council of State in the Politics of Constitutional Secularism
The 1905 Law on the Separation of Churches and State continues to represent the primary legislative expression of laïcité , France’s principle of constitutional secularism. While it privatized the formerly established denominations, the law also prohibited any financing of religions by public bodies. Although the legislation represented a broadly liberal solution to the church–state question, more recent measures targeting religious dress have ar…
The political theory of the Irish Constitution: Republicanism and the basic law
A republican defence of the constitutional referendum
The constitutional referendum is often conceptualised as the ultimate institutional expression of popular sovereignty. However, ‘direct democracy’ is viewed apprehensively by many political and legal theorists, particularly republican scholars. They argue that referendums risk engendering a dangerous ‘populism’ while detracting from the deliberative and moderating virtues of parliamentary democracy. In this paper, I defend the political value of …
Freedom as Non-Domination in the Jurisprudence of Constitutional Rights
In recent decades, neo-republican philosophers have developed a theory of freedom as non-domination, which, they claim, is conceptually and analytically distinct from the “liberal” concept of freedom as non-interference. However, neo-republicans have intervened in constitutional debate almost exclusively in relation to structural issues of institutional competence, and have made little impact on the analytical jurisprudence of constitutional righ…
Reframing the Universalist Republic: Legal Pluralism in the French Periphery
France’s official republican doctrines preclude public recognition of legal pluralism, whether in the guise of legislative plurality or customary and religious legal orders. This unusually emphatic rejection of legal pluralism stems from an ideology of abstract universalism that translates primarily as a formalistic understanding of equality before the law and thus as a rejection of all identity-based classifications. Equality, in this sense, req…
Republican deliberation and symbolic violence in Rousseau and Bourdieu
Deliberation is widely viewed as being intrinsic to republican citizenship. Neo-Roman republicans such as Philip Pettit value deliberation primarily for its role in rendering coercive political authority non-arbitrary and thus non-dominating. Accordingly, a deliberative public sphere is seen as necessary to foil domination in politics. In this article, I consider a countervailing view shared by two otherwise very different theorists – Pierre Bour…
Political Theory of the Irish Constitution: Republicanism and the Basic Law
Ostentation and republican civility: Notes from the French face-veiling debates
France’s prohibition on public face-veiling was rationalised partly with reference to ‘fraternity’ – the third prong of the republican motto – as well as liberty and equality. Correspondingly, the voile intégral (‘full veil’) was widely described as transgressing republican standards of civility. Yet counterintuitively, republican civility was not understood, at least primarily, in terms of sociability or expressivity – but rather as requiring di…
Laïcité in the Private Sphere? French Religious Liberty After the Baby-Loup Affair
While the French lai&x0308;cit e ́ principle has traditionally been understood as a principle of state neutrality, in recent decades it has increasingly been invoked against certain expressions of private religiosity in public space. However, while lai&x0308;cit e ́ as a political discourse now extends well beyond a purely institutional concept of neutrality, legal doctrine has proven resistant, at least to an extent, to this more expansive conce…
Transparency as a justification for legislative supremacy
While most arguments for legislative supremacy are grounded on a procedural account of democratic equality, others appeal not to the abstract qualities of legislative process but rather to the mystifying or non-transparent nature of judicial review itself. In this paper, I aim to excavate and clarify what we understand by the non-transparent nature of constitutional-rights jurisprudence, compared with legislative decisions concerning rights. Most…
Constitutionalism and Crisis Narratives in Post-Brexit Politics
The Brexit vote has sparked renewed criticism of the United Kingdom’s ad hoc constitutional arrangements, particularly in relation to the status of popular sovereignty. While the people is politically recognised as ‘sovereign’ through the apparent unassailability of its referendum verdict, this sovereignty has no legal foundation or form – thus giving it an elusive, indefinite character. In turn, legal commentators have argued that the lack of a …
Alchemising peoplehood: Rousseau’s lawgiver as a model of constituent power
Because Rousseau identifies popular sovereignty with the enactment of fundamental laws, he seems to conflate popular sovereignty with constituent power: the people are sovereign because they constitute the state, without actually ruling it. However, he assigns the lawgiver, or (‘legislator’) an antecedent task that has a more obviously ‘constituent’ character – the task of constituting the people itself, as a political subject and political unity…
Providence and contingency in Corsica: Rousseau on freedom without politics
Rousseau’s embrace of popular sovereignty – a sovereignty that is unmediated and unrepresented – is often understood as entailing a kind of democratic absolutism. However, Richard Tuck has argued that Rousseau recognises the impossibility of large-scale democratic participation under early-modern conditions, and so confines popular sovereignty to one-off exercises in constitutional or ‘constituent’ lawmaking. This suggests that Rousseau’s thought…
Popular Sovereignty After Brexit
The Brexit referendum highlights the apparently anomalous role of the “people” in the constitutional order of the United Kingdom. Politically speaking, its verdict is acknowledged as unassailable and unaccountable, yet this “sovereign” status has no legal grounds. In turn, some commentators have argued that this discrepancy between “political” and “legal” understandings of popular sovereignty—or the failure to properly institutionalize popular so…
Prosodic transfer across constructions and domains in L2 inflectional morphology
Second language (L2) learners are known to have difficulty producing inflection in obligatory contexts reliably. According to the Prosodic Transfer Hypothesis (PTH), the prosodic organisation of L2 inflection is constrained by the inventory of representations available in the L1. At the same time, this hypothesis does not explicitly limit how freely prosodic representations can be transferred, so that transfer across constructions within the same…
Legislating Fraternalism: Representations of Marianne in the 2010 French Face-Veiling Ban
While French laïcité is now understood as prohibiting public displays of religiosity (at least ‘conspicuous’ displays) by private citizens, this can be understood as expressing two quite contradictory demands, especially for minority or racialised subjects. On the one hand, the good republican citizen is portrayed as candidly expressive, and the voile intégral in particular is therefore condemned as austère. Yet on the other hand, the republican …
Boredom at the end of history: ‘Empty temporalities’ in Rousseau’s Corsica and Fukuyama’s liberal democracy
In this paper, I consider what it might mean to approach boredom as a problem of post-history, rather than of modernity as such. Post-history, or ‘end of history’, in this sense, is linked with the impossibility or unlikelihood of political-systemic change, and thus with the disappearance of the contingency or temporal flux that had been understood as the context or prerequisite of political action and political freedom. I will, argue, firstly, t…
Integration Referendums as Expressions of Constituent Power: Ireland as a Case Study
Referendums are usually conceptualized as expressing “constituent power” in obvious settings of constitutional foundation and rupture. However, I argue that if constituent power can be understood as “active” and relational within a political order—and not merely present in political foundings—then it is arguably present in “routine” referendums that have a function neither of foundation nor rupture, but rather of integration, and particularly in …
Political science (20 works) · Law (19 works) · Politics (18 works) · Sociology (18 works) · Law (15 works) · Philosophy (9 works) · Philosophy (9 works) · Political Theory and Influence (8 works) · Democracy (7 works) · Law and economics (7 works)