The anomos of the earth: political indexicality, immigration, and distributive justice

Abstract

Polities appeal to the principle of distributive justice when justifying the right to inclusion and exclusion they claim for themselves with respect to immigrants: to each their own place. This paper attempts, in a first stage, to explain the nature of the link between distributive justice and an alleged right to inclusion and exclusion, as manifested in the political use of indexicals such as ‘we’, ‘here’, and ‘now’. Drawing on an analysis of the European Union, it subsequently shows why the use of political indexicals, when officials exercise the EU's putative jus includendi et excludendi, is only possible by invoking the utterance of a first ‘we-here-now’ that has no referent. The relation between distributive justice and an alleged right to inclusion and exclusion—a polity as a nomos, as I will call it—is rendered both possible and continuously undermined by an anomos—the invocation of a polity and a world that are not and cannot be in empirical space and time.