Journal
LAW AND CRITIQUE
Volume 28, Issue 3, Pages 323-343Publisher
SPRINGER
DOI: 10.1007/s10978-017-9212-9
Keywords
Anxiety; Brexit; Democracy; Kierkegaard; Language games; Lyotard; Populism
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The Brexit referendum result has given focus to and amplified a series of anxieties: the successful campaign gave visibility to anxiety about immigration and loss of sovereignty, while also creating anxiety about illiberal populism. This anxiety about national identity, current and prospective (both from supporters of Brexit and its opponents), about Brexit, as caused by anxiety and cause of anxiety, has provoked a debate even about the merits of democracy, if 'the voice and will of the people' disrupts the traditional constitutional assumptions regarding checks and balances and becomes despotic. Reference to the tradition of anxiety about democracy, exemplified by Kierkegaard and Kant, establishes a context here for a discussion of the Brexit political debate in terms derived from Lyotard's investigation of, on the one hand, an appeal to mythic narrative to stabilise a claim of identity, and, on the other hand, narratives of emancipation embodied in a future-oriented deliberative process, which can be analysed in terms of seven different types of language game at play. Particular reference to the image of 'triggering' used in the Supreme Court's judgments in the (R (on the application of Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5) case in relation to Article 50 and the UK's exit from the EU is made to illustrate the significance of figures of speech within discourse. The conclusion draws on Lyotard's distinction between a litigation and a differend in order to better understand the politics of Brexit.
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