Oath and Office

Mitchell Dean’s “Oath and Office” appears in Telos 185 (Winter 2018). Read the full article at the Telos Online website, or purchase a print copy of the issue in our online store. Individual subscriptions to Telos are available in both print and online formats.

The oath pertains to law, sovereignty, and office. A public servant takes an oath. A witness and a juror at a trial swear an oath. The British monarch swears a coronation oath and the president-elect of the United States an oath of office. While the coronation of the monarch has been regarded as “medieval” and the inauguration of the president as “ceremonial” or “symbolic,” it would be a mistake to view them as empty rituals, particularly the oaths taken. And while the oath invokes God, it would be an error to assume that it is merely an atavism, a retroversion, or a vestige of a more religious past. But what it is and what it does is far from clear, including to those who swear oaths. When President Obama, sworn in by Chief Justice John Roberts, misspoke his oath of office in January 2009, he was advised to retake it the next day, as the White House counsel put it, “out of an abundance of caution.” Ex abundanti cautela might indeed by the principle that scholars should adopt, given the thicket of false trails, unfathomable origins, prejudices, and commonplaces that afflict any attempt to study this practice. The appropriate method to study the oath uses multiple examples and cases, considers them from as many different viewpoints as it can, and remains wary of both our commonsense assumptions about its origins and efficacy and their theoretical correlates.

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The Dark Arts Reach the Internet

It is difficult to know what constitutes the latest social media “scandal” for the news organizations that promote it as such. Of course, it follows the seemingly unending political concerns around social and digital media since the election of President Trump and other cornerstone events such as the Brexit vote. It stands in the long line of concerns about email hacking, Russian “meddling,” “fake news,” undignified presidential tweeting, and bots, and the indictments of workers of a Russian internet agency. There is the more general, but somewhat vacuous, thesis that the “politics of truth” has been replaced by a “politics of untruth.” Within this framing, there is the sense that “democracy” is under attack through social media; that populists, the “alt-right,” shady billionaire donors, foreign authoritarians and nativist Svengalis have found secret pathways to sow discontent within Western democracies and tip elections and plebiscites to previously unconscionable leaders and unimaginable outcomes.

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Three Forms of Democratic Political Acclamation

This paper takes its initial inspiration from Carl Schmitt’s claim in 1927 that the “original democratic phenomenon . . . is acclamation,” and draws upon the interchange between religious and political forms of acclamation observed by Ernst Hartwig Kantorowicz and Erik Peterson and elaborated recently by Giorgio Agamben. If Schmitt is correct, then acclamation is central to the construction of “the people” who by definition are the source of political legitimacy. What is required then is what I have called an “analytics of publicity” that would study the different ways in which the public is formed through different forms of acclamation.

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