This idea—that the difference between law and politics is a difference in language—lies at the heart of Niklas Luhmann’s systems theory. Luhmann suggested that society must be understood as a communication system. As such, it is differentiated into different subsystems, among them the political system and the legal system, but also, for example, the religious system, the scientific system, and so on.
Here is a poll that shows that the political system is not so tightly coupled with the religion system. Just 25 percent of Americans say
Identity politics differentiates; it draws distinctions to reveal social oppression or, in Butler’s terminology, precaritization–occupying or being held in precarious position. Identity politics emphasizes differences
Judith Butler, in Notes Toward a Performative Theory of Assembly (2015), argues that marginalized or ignored populations performatively establish “the right to have rights” by
From at least the early thirteenth century Florence’s history was dominated by a competition, more intense and longer-lasting than similar confrontations elsewhere in Italy, between two distinct but overlapping political cultures and classes: an elite of powerful, wealthy families of international bankers, traders, and landowners organized as agnatic lineages [of the male bloodline]; and a larger community of economically more modest local merchants, artisans, and professional groups organized in guilds and called the popolo.
This post is related to a previous post on Charlottesville and morality. There is an interesting article in The Atlantic by Peter Bienart titled “The