Democratic Authority

Caste : Groupe qui se distingue par ses privilèges et son esprit d’exclusive à l’égard de toute personne qui n’appartient pas au groupe. Larousse -/- La hausse des prix des carburants proposée pour lutter contre le changement climatique et mettre en œuvre les principes de la « transition écologique » adoptés par la France lors de la COP21, a fait naître le mouvement des gilets jaunes. Plus globalement c’est une bonne partie des français qui se trouve concernée, celle qui vit (...) dans des zones excentrées et qui ne bénéficie pas d'un réseau de transports très efficient tel celui qui émaille par exemple le territoire parisien. Ainsi, augmenter les prix des carburants, en particulier le diesel, a été perçu comme un contresens économique anti-populaire. Pendant des en, les producteurs d’automobiles, avec le support des politiques publiques, ont présenté le diesel comme le carburant le moins polluant. Mais aujourd’hui devenu le carburant « satanique », les consommateurs qui l’ont choisi, en toute bonne conscience, se sentent manipulés. La reconversion vers l’achat d’une voiture électrique est hors de la portée de la plupart de ceux qui aujourd’hui manifestent. Les aides du gouvernement ne changent pas cette réalité socioéconomique. Sous quel angle, les média ont-ils restitué le mouvement des gilets jaunes ? Alors qu’on voit émerger au sein de ce mouvement des revendications pour plus de justice sociale, qu’en est-il de la justice environnementale ? Peut-on dire qu’il s’agit d’une révolte sociale anti-écologique ? Ou autrement dit, les gilets jaunes sont-ils un mouvement anti-écologique ? (shrink)

International institutions have become increasingly important not only in the relations between states, but also for individuals. When are these institutions legitimate? The legitimacy standards for international institutions are predominantly either minimal or democratic and cannot capture the large variety of international institutions. This article develops an autonomy-based conception of legitimacy based on the justification of political power that is applicable to both international and domestic institutions. Political power as rule-setting is a particular normative threat to the personal and political (...) autonomy of its subjects. The more political power an institution exercises, the more demanding the legitimacy standards it needs to fulfil in order to be legitimate. The article argues that an increase in the four dimensions of political power (scope, domain sensitivity, applicability and impact) raises the legitimacy burden for the institution. Finally, graded legitimacy standards are proposed. These are sensitive to the differences between international institutions in respect of their levels of political power, i.e. level of competences. In contrast to minimal or democratic legitimacy standards, the article suggests that different standards of accountability, participation and human rights have to be fulfilled according to the institution’s level of political power. (shrink)

How we understand, protect, and discharge our rights and responsibilities as citizens in a democratic society committed to the principle of political equality is intimately connected to the standards and behaviour of our media in general, and our news media in particular. However, the media does not just stand between the citizenry and their leaders, or indeed between citizens and each other. The media is often the site where individuals attempt to realise some of the most fundamental democratic liberties, including (...) the right to free speech. -/- Media Ethics, Free Speech, and the Requirements of Democracy explores the conflict between the rights that people exercise in, and through, the modern media and the responsibilities that accrue on account of its awesome and increasing power. The individual chapters—written by leading scholars from the US, UK, and Australia—address several recent events and controversial developments in the media, including Brexit, the rise of Trump, Lynton Crosby, Charlie Hebdo, dog-whistle politics, fake news, and political correctness. This much-needed philosophical treatment is a welcome addition to the recent literature in media ethics. It will be of interest to scholars across political and social philosophy, applied ethics, media and communication studies, and political science who are interested in the important issues surrounding the media and free speech and democracy. (shrink)

Was geht verloren, wenn Staaten zerfallen? Das Auseinanderbrechen von staatlichen Institutionen ist heute eines der drängendsten Probleme der internationalen Politik. Mit Cord Schmelzles Studie liegt nun die erste Monografie vor, die dieses Phänomen aus Perspektive der politischen Theorie und Philosophie untersucht. Ausgehend von einer Analyse der Begriffe Legitimität und Staatlichkeit entwickelt der Autor eine neuartige Theorie der Rechtfertigung von Herrschaftsverhältnissen und des Wertes staatlicher Ordnungssysteme und fragt, wie die internationale Gemeinschaft auf Fälle von Staatszerfall reagieren sollte.

I present three versions –Grimm, Offe and Streeck—of a general argument that is often used to establish that the EU-institutions meets a legitimacy-disabling condition, the so called “no demos” argument (II), embedding them in the context of the notorious “democratic deficit” suspicions against the legal system and practice of the EU (I). After examining the logical structure behind the no-demos intuition considered as an argument (III), I present principled reasons by Möllers and Habermas that show why the “no demos” argument (...) fails to have bite in discussions of the legitimacy and status of the supranational level in the multi-level EU-architecture. These are complemented by another principled reason arising from John Dewey’s conception of the “public” as a clearer alternative for the “popular” requirement of democratic legitimation (IV). I conclude that all three conceptions together suggest that the hunt after pre-politically existing peoples as foundations of democratic legitimacy expresses no more than methodological nationalism without any footing in the material and conceptual requirements of democratic legitimation. Given the absence of a principled problem with the legitimacy of the priority and interference of supranational EU-law in the national legal and political orders, there are thus also no principled reasons to abandon or discredit the European project in the absence of a European nation or society. (shrink)

The normative and metanormative pluralism that figures among core self-descriptions of democratic theory, which seems incompatible with democratic theorists’ practical ambitions, may stem from the internal logic of research traditions in the social sciences and humanities and in the conceptual structure of political theory itself. One way to deal productively with intradisciplinary diversity is to appeal to the idea of a meta-consensus; another is to appeal to the argument from cognitive diversity that fuels recent debates on epistemic democracy. For different (...) reasons, both strategies fail, such that a metatheoretical step aside may be desirable, one that entails modeling democratic theory after the public justification approach. (shrink)

Una de las bifurcaciones en el debate contemporáneo sobre la legitimidad de la democracia explora si ésta ofrece ventajas distintivamente epistémicas frente a otras alternativas políticas. Quienes defienden la tesis de la democracia epistémica afirman que la democracia es instrumentalmente superior o equiparable a otras formas de organización política en lo que concierne a la obtención de varios bienes epistémicos. En este ensayo presento dos (grupos de) argumentos a favor de la democracia epistémica, que se inspiran en resultados formales: el (...) teorema del jurado de Condorcet [TJC] y el teorema ‘diversidad supera habilidad’ [DSH]. Pese a su gran atractivo, sostengo que estos argumentos son incapaces de respaldar dicha tesis: no brindan razones para considerar que la democracia es epistémicamente superior (o equiparable) a algunas alternativas políticas no democráticas. En su lugar, sugiero que, sin requerir un cambio radical en nuestras formas de organización política, la epistemología democrática –el estudio de las ‘circunstancias epistémicas de la democracia’– puede ofrecer valiosas lecciones de sobre cómo optimizar, en nuestra situación, instituciones y procedimientos de toma de decisiones. Para ello, primero distingo entre varias maneras de evaluar procedimientos de toma de decisión colectiva. Argumento que, al considerarlos como formas de organización política, un factor importante en la evaluación de tales procedimientos involucra asuntos fácticos sobre los cuales puede aspirarse a obtener o promover algunos bienes epistémicos. En este contexto, presento algunos de los argumentos más importantes a favor de la democracia epistémica. A continuación, reúno algunas de las objeciones sobre la aplicabilidad de dichos argumentos y ofrezco razones independientes para dudar de que ofrezcan apoyo a la tesis de la democracia epistémica. Finalmente, defiendo que la epistemología democrática puede desempeñar un papel significativo en la legitimación de formas de organización colectiva que podrían denominarse ‘democráticas’. (shrink)

The Kantian account of political authority holds that the state is a necessary and sufficient condition of our freedom. We cannot be free outside the state, Kantians argue, because any attempt to have the ‘acquired rights’ necessary for our freedom implicates us in objectionable relations of dependence on private judgment. Only in the state can this problem be overcome. But it is not clear how mere institutions could make the necessary difference, and contemporary Kantians have not offered compelling explanations. I (...) present a detailed analysis of the problems Kantians identify with the state of nature and the objections they face in claiming that the state overcomes them. I then sketch a response on behalf of Kantians. The key idea is that only under state institutions can a person can make claims of acquired right without presupposing that she is by nature exceptional in her capacity to bind others. (shrink)

Existe una impresionante paradoja en la era contemporánea: de África a Europa del Este, de Asia a América Latina, cada vez más naciones adhieren a la idea de la democracia; pero lo hacen justo en el momento en que la eficacia misma de la democracia como forma de organización a nivel nacional es puesta en tela de juicio de manera manifiesta. Mientras que importantes áreas de la actividad humana son organizadas progresivamente a nivel (macro) regional o global, el destino de (...) la democracia, y de un Estado-nación independiente, tiene que enfrentar notables desafíos. -/- Páginas: 136 Peso: 400 gramos ISBN: 9875748900 . (shrink)

Los teóricos de la democracia dejaron de lado la pregunta de quién legalmente forma parte del "pueblo" autorizado, pregunta que atraviesa a todas las teoría de la democracia y continuamente vivifica la práctica democrática. Determinar quién constituye el pueblo es un dilema inabordable e incluso imposible de responder democráticamente; no es una pregunta que el pueblo mismo pueda decidir procedimentalmente porque la propia premisa subvierte las premisas de su resolución. Esta paradoja del mandato popular revela que el pueblo para ser (...) mejor comprendido como una demanda política, como un proceso de subjetivación, surge y se desarrolla en distintos contextos democráticos. En Estados Unidos el disputado poder para hablar en beneficio del pueblo deriva de un excedente constitutivo heredado de la era revolucionaria, a partir del hecho de que desde la Revolución el pueblo ha sido por vez primera encarnado por la representación y como exceso de cualquier forma de representación. La autoridad posrevolucionaria del vox populi deriva de esa continuamente reiterada pero nunca realizada referencia a la soberanía del pueblo a partir de la representación, legitimidad a partir de la ley, espíritu a partir de la letra, la palabra a través de la palabra. Este ensayo examina la emergencia histórica de este exceso de democracia en el período revolucionario, y cómo este habilita a una subsecuente historia de "momentos constituyentes", momentos cuando subautorizados -radicales, entidades autocreadas-, se apoderan del manto de la autoridad, cambiando las reglas de la autoridad en ese proceso. Estos pequeños dramas de reclamos de autoridad política para hablar en nombre del pueblo son felices, aun cuando explícitamente rompan con los procedimientos o reglas estatuidas para representar la voz popular. -/- Momentos constituyentes: paradojas y poder popular en los Estados Unidos de América posrevolucionarios [traducción], Revista Argentina de Ciencia Política, N°15, EUDEBA, Buenos Aires, Octubre 2012, pp. 49-74. ISSN: 0329-3092. Introducción de “Constituent Moments: Enacting the People in Postrevolutionary America”, de Jason Frank [Ed.: Duke University Press Books, enero de 2010. ISBN-10: 0822346753; ISBN-13: 978-0822346753]. (shrink)

In this review of Ezra Suleiman's book I explain his argument that democracies need independent professional bureaucracies with Weberian "impersonal" authority, and that the greatest threat to the authority of government and the health of democracy is the trend towards turning bureaucracy into an instrument of the governing political party of the day.

The renewed interest on political realism can offer a new reading of the traditional dichotomy between normative and realist conception of constitutionalism. The purpose of this article is to analyse this renewed discussion, especially by focusing on the relationship between “political realism” and “political constitutionalism,” in the light of some theorists and authors—such as Richard Bellamy and Jeremy Waldron. After a brief introduction in which political realism will be discussed, especially through Bernard Williams’ reinterpretation, the article proposes a rereading of (...) democratic constitutionalism from the classical dichotomy between normativism and realism in political theory. The focus will be set on three key issues: 1. Richard Bellamy’s constitutional theory in a realist perspective; 2. An insight of legal constitutionalism under a normative banner; 3. A brief conclusion in which the risks of a majoritarian and populist constitutionalism will be discussed. (shrink)

How can one person’s having political power over another be justified? This essay explores the idea that such justifications must be in an important sense derivative, and that this ‘Derivative Justification Constraint’ bars certain justifications widely endorsed in political and philosophical debates. After critically discussing the most prominent extant articulations of the Constraint (associated with a view often called ‘political instrumentalism’), the essay offers a novel account of what precisely the Constraint bars (in short: justification by appeal to non-derivative goods (...) that include among their elements one person’s ruling over another), what motivates it (in a nutshell: a deeply non-instrumental concern for each person’s moral independence), and what it entails for how we may justify democratic political arrangements in particular. (shrink)

The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule of the judges (...) (Michelman; Dworkin). It defends the role of Parliament in constitutional matters, in contrast with the role of the Supreme Court, inasmuch as – according to them – it is not open to political participation. Parliament is considered the only place in which we can exercise our constitutional power and in which our rights could be adequately protected (Bellamy; Waldron; Tushnet; Goldoni). On the other hand, legal constitutionalism upholds the idea of judicial review, defending the role of the Supreme Court as “exemplar of public reason” (Rawls 1993). This article tries to answer to three fundamental questions about constitutional democracy under the banner of political liberalism: 1. What do we mean by counter-majoritarian difficulty? 2. What is the answer that legal and political model of constitutionalism give to this question? 3. What is the role of constitutional courts in democratic regimes and what is their authority within the State? (shrink)

Voluntarists in the early modern period speak of an agent’s following the law because she was ordered to do so or because it’s the law. Contemporary philosophers tend either to ignore or to dismiss the possibility of justified obedience of this sort – that is, they ignore or dismiss the possibility that something’s being the law could in itself constitute a good reason to act. In this paper, I suggest that this view isn’t taken seriously because of certain widespread beliefs (...) about practical reason – in particular, it’s due to the belief that it’s impossible for reasons to be “bootstrapped” into existence. I argue, though, that a plausible account of practical reasoning should allow that reasons can be bootstrapped into existence, and so there’s no reason to be suspicious about the possibility of a person’s being justified in following the law because it’s the law. I end by suggesting that this conclusion opens up important new avenues of inquiry for philosophers working on topics related to legal obedience. (shrink)

This paper gives a novel reading of the argument addressed by the Laws of Athens to Socrates in Plato's Crito. Many philosophers have suggested that the argument of the Laws is merely a weak 'rhetorical sop' to Crito. However, I offer an interpretation of that argument that brings out its plausibility, particularly in the context of the post-Oligarchic demos of early fourth-century Athens. For on Crito's plan, Socrates would have undermined a critical form of civic trust in Athens, not by (...) merely disobeying the sentence imposed on him by the jury, but by openly displaying the legal impunity of the rich. -/- We can call this 'legal trust.' By that coinage, I mean citizens' faith in their fellow citizens' willingness and ability to collectively defend the law---to enforce it against the powerful, and refrain from acting to undermine that capacity. When the members of a democratic political community recognize one another's commitment to their legal system, they are able to defend the laws that hold their democracy together; in such a state, the laws are both conceptually constitutive of democratic authority and practically necessary for democracy. -/- Taken in the context of the strategic structure of the Athenian legal system, in the appeal to the filial loyalty Socrates owed the Laws we can see just such an account of the interweaving of law, trust, and citizenship in the preservation of a democracy. The Laws demand that Socrates be trustworthy, and thereby refrain from undermining his fellow citizens' trust in them, where that trust is necessary for the citizens' collective defense of the democratic legal system; they make this demand on Socrates in virtue of the Laws' role in Socrates's identity as citizen. (shrink)

Robert B. Talisse's A Pragmatist Philosophy of Democracy is a genuine tour de force. His aim is both to defend a particular view of pragmatism originating with the work of Charles Sanders Peirce and, at the same time, argue in favour of a new view of deliberative democracy developed from Talisse's Peircean pragmatism. The result is a stunning achievement with real persuasive power. In this article, I will focus on one worry, namely, that the picture of democracy on offer is (...) incomplete. While Talisse correctly argues that democracy is about more than elections, democracy is also about more than deliberation between citizens. Talisse's deliberative democracy is problematic to the degree its view of deliberation fails to account for democracy. If my analysis is correct, then I do not aim to demonstrate that Talisse's Peircean pragmatism is incorrect, only incomplete. Thus, the hope of this article is to help develop this pragmatism further. (shrink)

[An intentionally new way of thinking about voting] -/- Voting ethics.

The article elaborates an original intertwined reading of republican theory, deliberative democracy and political equality. It argues that republicans, deliberative democrats and egalitarian scholars have not paid sufficient attention to a number of features present in these bodies of scholarships that relate them in mutually beneficial ways. It shows that republicanism and deliberative democracy are related in mutually beneficial ways, it makes those relations explicit, and it deals with potential objections against them. Additionally, it elaborates an egalitarian principle underpinning the (...) resulting model that I label Equality of Access and Deliberation. The upshot of these considerations is a novel and mutually reinforcing interrelated three-tiered theoretical and institutional proposal. (shrink)

Recent political developments cast doubt on the wisdom of democratic decision-making. Brexit, the Colombian people's (initial) rejection of peace with the FARC, and the election of Donald Trump suggest that the time is right to explore alternatives to democracy. In this essay, I describe and defend the epistocratic system of government which is, given current theoretical and empirical knowledge, most likely to produce optimal political outcomes—or at least better outcomes than democracy produces. To wit, we should expand the suffrage as (...) wide as possible and weight citizens’ votes in accordance with their competence. As it turns out, the optimal system is closely related to J. S. Mill's plural voting proposal. I also explain how voters’ competences can be precisely determined, without reference to an objective standard of correctness and without generating invidious comparisons between voters. (shrink)

The right to private property is among the most fundamental in liberal theory. For many liberals the idea of the state is grounded in its role as a protector of private property. If the liberal state is justified by its ability to protect property, the modern welfare state is often justified by its ability to meet needs. According to a view commonly referred to as “welfarism,” the very fact that needs exist implies there is a moral obligation to meet them. (...) In this Article I appeal to Rawlsian contractualist justification, including the “criterion of reciprocity,” in developing a third manner of thinking about the relationship between property and welfare. I argue that welfare rights are necessary conditions for justifying a role for the state in enforcing the “right to exclude,” a fundamental element of private ownership. My Article thus aims to use Rawls’ account of justification, outlined in his later works, to theorize the notion of property-owning democracy from Theory of Justice. (shrink)

Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through (...) an innovative, detailed critical analysis, he ties together the central components of social and political justice—freedom, democracy, equality, and toleration—and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice. (shrink)

This essay demonstrates that the management and contestability of power is central to Dewey's understanding of democracy and provides a middle ground between two opposite poles within democratic theory: Either the masses become the genuine danger to democratic governance or elites are described as bent on controlling the masses. Yet, the answer to managing the relationship between them and the demos is never forthcoming. I argue that Dewey's response to Lippmann for how we ought to conceive of the relationship between (...) citizens and elites if power is not to become arbitrary is located within a larger framework that avoids the problematic distinction Wolin draws between the demos and representative government. For Dewey, the legitimacy of decision-making, and, indeed, the security of freedom, is determined not merely by our actual involvement, but the extent to which non-participation does not preclude the future contestability of power. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people's freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

In this paper I defend a pure proceduralist conception of legitimacy that applies to epistemic democracy. This conception, which I call pure epistemic proceduralism, does not depend on procedure-independent standards for good outcomes and relies on a proceduralist epistemology. It identifies a democratic decision as legitimate if it is the outcome of a process that satisfies certain conditions of political and epistemic fairness. My argument starts with a rejection of instrumentalism–the view that political equality is only instrumentally valuable. I reject (...) instrumentalism on two grounds: (i) because it fails to respect reasonable value pluralism and to recognize the constitutive role of democratic procedures for legitimacy in pluralist societies, and (ii) because it neglects the constructive function of democratic decision-making. I then consider two alternatives to pure epistemic proceduralism: David Estlund's version of epistemic proceduralism and a Deweyan account of epistemic democracy. I argue that only pure epistemic proceduralism can make good on both shortcomings of instrumentalism, whereas each of the other two approaches only makes good on one and neglects the other. (shrink)

Political egalitarianism is at the core of most normative conceptions of democratic legitimacy. It finds its minimal expression in the "one person one vote" formula. In the literature on deliberative democracy, political equality is typically interpreted in a more demanding sense, but different interpretations of what political equality requires can be identified. In this paper I shall argue that the attempt to specify political equality in deliberative democracy is affected by a dilemma. I shall illustrate the political egalitarian's dilemma by (...) a hypothetical choice between two informational bases for political equality: Rawlsian primary goods and Amartya Sen's capability approach. The political egalitarian's dilemma reveals a clash between the requirement of ensuring equal possibilities to participate in the democratic process and the requirement of subjecting substantive judgments to deliberative evaluation. As such, the dilemma is a variant of the procedure vs. substance dilemma that is well-known in democratic theory. While it has sometimes been argued that deliberative democracy solves the tension between procedure and substance, the political egalitarian's dilemma shows that this tension continues within deliberative democracy. (shrink)

Citizens, political leaders, and scholars invoke the term 'democracy' to describe present-day states without grasping its roots or prospects in theory or practice. This book clarifies the political discourse about democracy by identifying that its primary focus is human activity, not consent. It points out how democracy is neither self-legitimating nor self-justifying and so requires critical, ethical discourse to address its ongoing problems, such as inequality and exclusion. Wallach pinpoints how democracy has historically depended on notions of goodness to ratify (...) its power. The book analyses pivotal concepts of democratic ethics such as 'virtue', 'representation', 'civil rightness', 'legitimacy', and 'human rights' and looks at them as practical versions of goodness that have adapted democracy to new constellations of power in history. Wallach notes how democratic ethics should never be reduced to power or moral ideals. Historical understanding needs to come first to highlight the potentials and prospects of democratic citizenship. (shrink)

In the wake of the 2008 global financial crisis, an important conceptual battleground for democratic theorists ought to be, it would seem, the capitalist firm. We are now painfully aware that the typical model of government in so-called investor-owned companies remains profoundly oligarchic, hierarchical, and unequal. Renewing with the literature of the 1970s and 1980s on workplace democracy, a few political theorists have started to advocate democratic reforms of the workplace by relying on an analogy between firm and state. To (...) the extent that a firm is an organization comparable to the state, it too ought to be ruled along democratic lines. Our paper tests the robustness of the analogy between firm and state by considering six major objections to it: the objection from a difference in ends, the objection from shareholders’ property rights, the objection from worker’s consent, the objection from workers’ exit opportunities, the objection from workers’ expertise, and the objection from the fragility of firms. We find all of these objections wanting. While the paper does not ambition to settle the issue of workplace democracy at once, our goal is to pave the way for a more in-depth study of the ways in which firms and states can be compared and the possible implications this may have for our understanding of the nature of managerial authority and the governance of firms. (shrink)

What is the moral value of formal democratic decision-making? Egalitarian accounts of democracy provide a powerful answer to this question. They present formal democratic procedures as a way for a society of equals to arrive at collective decisions in a transparent and mutually acceptable manner. More specifically, such procedures ensure and publicly affirm that all members of a political community, in their capacity as autonomous actors, are treated as equals who are able and have a right to participate in collective (...) decision-making. Recently, a number of authors have raised what I describe as the ‘no impact’ objection. This objection focuses on the egalitarian emphasis on autonomy to cast doubt on the moral value of formal democratic procedures. It holds that individual participation in formal democratic decision-making has no impact on the eventual result, and therefore cannot be understood as an exercise in autonomy. Consequently, the ‘no impact’ objection claims that the moral value of formal democracy cannot be explained with reference to an egalitarian ideal of ‘rule by the people’. In this article, I refute this objection by complementing an egalitarian account of democracy with an account of basic autonomy. (shrink)

Among the functions of state borders is to delineate a domain within which outsiders may normally not interfere. But the human rights practice that has sprung up in recent decades has imposed significant limits on a state’s right against interference. This article considers the connection between human rights on the one hand and justified interference in the internal affairs of states on the other. States, this article argues, have a right against interference if and because they serve their subjects. Interference (...) by outsiders threatens to set back their capacity to serve and thus ultimately harms those over whom the state exercises power. Human rights, in turn, circumscribe the outer limits of what any state can do while plausibly claiming to be serving its subjects. On this view, human rights are distinguished from other rights because they function as cancelling conditions on the state’s right against outside interference: while interfering in the internal affairs of a state normally wrongs that state, interfering where the state fails to respect human rights does not. Contrary to what is often thought, human rights violations do not justify outside interference. They merely make a state liable to such interference. The further considerations that must enter into an all things considered judgment in favor of interference are irrelevant for determining what human rights we have. (shrink)

The article argues that Rawls’s property-owning democracy should not be understood as a necessary standard of democratic legitimacy. This position contradicts Rawls’s own understanding to some extent, but a rejoinder with elements of political liberalism is possible. He concedes that justice as fairness is a ‘comprehensive liberal doctrine’ and that a well ordered society affirming such a doctrine ‘contradicts reasonable pluralism’. Rawls makes clear that reasonable pluralism in combination with the burdens of judgment lead to rare unanimity in political life (...) and to the necessity of majority and plurality voting procedures. (shrink)

This paper focuses on a comparative analysis of the legitimate exercise of democratic power in the philosophies of Montesquieu and Locke. This analysis not only highlights a strong bifurcation in liberal thought, it also sheds light on the contemporary practice of liberalism through the example of the United States’ ‘War on Terror.’ I argue that although it is Locke who at first blush gives an account of the exercise of democratic power that is more opposed to tyranny, it is Montesquieu’s (...) broader conception that is in many ways more effective at tracking and combating tyranny. (shrink)

In this paper I comment on a recent “letter” by Burleigh Wilkins addressed to nascent egalitarian democracies which offers advice on the achievement of religious toleration. I argue that while Wilkins’ advice is sound as far as it goes, it is nevertheless underdeveloped insofar as his letter fails to distinguish two competing conceptions of toleration – liberal-pluralist and republican-secularist – both of which are consistent with the advice he offers, but each of which yields very different policy recommendations (as can (...) be seen by consideration of The United States v. Lee in America and, I’affaire du foulard in France). I argue that a democratic society of equals must be committed to liberal-pluralist rather than republican-secularist toleration. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people’s freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)