Affect and constitution. On the normativity of affective forces in world society

Dr. Kolja Möller

The research project investigates the relationship between affects and the observable processes of constitutionalization in global society. The assumption is that affect dynamics – such as waves of indignation, shared expectations of solidarity or fear scenarios – also contribute to the juridification of normative orders on an inter- and transnational level. This raises fundamental questions about the interaction between law, politics and affect. In particular, it examines how they shape the criticism and justification of normative orders. The project is linked to research field 3.

Interim results

So far, the following interim results have emerged: (1) The relationship between affect and constitution cannot be conceptualized in terms of a “narrowed” rationalism, but must take into account mechanisms of affective transmission and processing as well as the inherent logic of law and politics. This results in starting points for an “expanded” normativity that is effective in the relationship between affect and constitution.

(2) In the context of the plurality and overlap of international order formation, these transmission mechanisms take on an enhanced role in order to criticize existing justification narratives on the one hand (in the frequent absence of institutionalized opposition possibilities), but on the other hand they can also contribute to the consolidation of existing justification narratives. This relationship will be analysed and elaborated on the basis of individual case studies of transnational constitutionalization. With regard to the overarching question of the relationship between critique and justification of normative orders, a change in the form of constitutionalism in the transition to a global society emerges, which rearranges the relationship between law, politics and affect.

(3) A further central result of the first phase is the revaluation of political action as a constitutive component of the observable dynamics of affect: They are neither abruptly processed legally (as current research in legal studies assumes) nor do they replace politics and political action (as current contributions in sociology observe): A moment of political action is always required that makes affect dynamics communicatively perceptible in the first place.

Most important publications

1. Changing forms of the constitution. Die postdemokratische Verfasstheit des Transnationalen, Bielefeld 2015.
2. *Formwandel des Konstitutionalismus. Zum Verhältnis von Postdemokratie und Verfassungsbildung jenseits des Staates, in: Archiv für Rechts- und Sozialphilosophie 2/2015, 270-289.
3. *A Critical Theory of Transnational Regimes. Creeping Managerialism and the Quest for a Destituent Power, in: Kerstin Blome/Andreas Fischer-Lescano/Hannah Franzki/Nora Markard/Stefan Oeter (eds.): Contested Collisions. Interdisciplinary Inquiries into Norm Fragmentation in World Society, Cambridge University Press (forthcoming).

Most important events

1. Panel at the conference of the Law and Society Association in Minneapolis (together with Dr. Manuel Bastias-Saavedra, Universidad Austral de Chile) on “Transnational Constitutionalism, 25.5.2014.
2nd workshop series “Normative Disorders” (together with Dr. Federica Gregoratto, research field 1), WS 2014/2015.
3rd panel at the Congress of the German Sociological Association “Critical Theory and/or Systems Theory” (together with Dr. Jasmin Siri, Institute of Sociology, University of Munich), 8.10.2014.

Further cooperation partners

Prof. Hauke Brunkhorst (University of Flensburg), Prof. Andreas Fischer-Lescano (University of Bremen) on questions of transnational constitutionalization and Dr. Philipp Schink (University of Frankfurt, Institute of Philosophy) on theories and problems of political action.