Abstract

‘Sovereignty’, Arendt says, ‘is contradictory to’ the human condition. It is not, in any event, the kind of thing that can be shared across generations. Subsequent generations lack sovereignty to the precise degree that they are bound by the decisions of their predecessors. It is no answer to say that contemporary citizens participate in the sovereignty of a whole, transgenerational people. To paraphrase de Tocqueville, later generations are not free because they are not entirely equal, and they are not equal because they are not entirely free. Where ‘sovereignty’ is a metaphysical concept that transcends time, recognition is an act of the imagination that extends empathy diachronically in both directions. An earlier generation treats its successors with recognition and respect by bequeathing the best system it can manage and entrusting later generations to exercise the same freedom that it enjoyed. Democratic law can exist across generations only through negation. Later citizens may accept as valid the law made by their predecessors. But, in doing so, they implicitly affirm their right to alter, amend, or abolish what came before. Only by freely affirming the choices of their predecessors can current citizens participate in something approaching freedom.

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