Government and Democracy

Le rapport issu de la commission Bouchard-Taylor qualifie la laïcité qui s’est implantée au Québec comme étant « plus libérale que républicaine », car elle permet à tous les citoyens « d’exprimer leurs convictions religieuses dans la mesure où cette expression n’entrave pas les droits et libertés d’autrui ». Les régimes républicains y sont présentés comme ceux qui refoulent les différences ethnoculturelles, « en les laissant en marge », tandis que le multiculturalisme accorderait une place prioritaire à la diversité. Dans (...) cet essai, je présente la relation entre le républicanisme et le multiculturalisme sous un éclairage différent. (shrink)

Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequate opportunity for dissent. In his influential defence of hate speech bans, Jeremy Waldron addresses these objections. Dworkin’s concern with political legitimacy is misplaced, he argues, given the provision speech bans make for substituting permissible modes of expression for impermissible ones. I argue that this defence of speech bans misidentifies (...) the “hate” in hate speech with the “hate” in hate crime. In contesting Dworkin, Waldron fails to contend with the necessarily entangled criminalisation of manner and viewpoint entailed in hate speech bans. By failing to grapple with the way in which every linguistic sign is constituted by both manner and viewpoint, Waldron sidesteps the ways in which hate speech bans undermine political legitimacy within liberal democracies. (shrink)

This is a book about how politics, government - and much else - needs to change in response to the transition from the Holocene to the Anthropocene, the emerging epoch of human-induced instability in the Earth system and its life-support capacities.

The democratic criteria for representation in the European Union are complex since its representation involves several delegation mechanisms and institutions. This paper develops institutional design principles for the representation of peoples and individuals and suggests reform options of the European Union on the basis of the theory of multilateral democracy. In particular, it addresses how the equality of individuals can be realised in EU representation while guaranteeing the mutual recognition of peoples. Unlike strict intergovernmental institutions, the EU requires an additional (...) and independent legislative chamber in which individuals are directly represented. However, strict equality of individuals cannot be the guiding principle for this chamber. In order to avoid the overruling of peoples through supranational majorities, it is necessary to bind the chamber's composition by a principle of degressive proportionality. The representation of peoples, on the other hand, needs to be connected to their domestic democratic institutions. (shrink)

Whistleblowing is the public disclosure of information with the purpose of revealing wrongdoings and abuses of power that harm the public interest. This book presents a comprehensive theory of whistleblowing: it defines the concept, reconstructs its origins, discusses it within the current ethical debate, and elaborates a justification of unauthorized disclosures. Its normative proposal is based on three criteria of permissibility: the communicative constraints, the intent, and the public interest conditions. The book distinguishes between two forms of whistleblowing, civic and (...) political, showing how they apply in the contexts of corruption and government secrecy. The book articulates a conception of public interest as a claim concerning the presumptive interest of the public. It argues that public interest is defined in opposition to corporate powers and its core content identified by the rights that are all-purposive for the distribution of social benefits. A crucial part of the proposal is dedicated to the impact of security policies and government secrecy on civil liberties. It argues that unrestrained secrecy limits the epistemic entitlement of citizens to know under which conditions their rights are limited by security policies and corporate interests. When citizens are denied the right to assess when these policies are prejudicial to their freedoms, whistleblowing represents a legitimate form of political agency that safeguards the fundamental rights of citizens against the threat of unrestrained secrecy by government power. Finally, the book contributes to shifting the attention of democratic theory from the procedures of consent formation to the mechanisms that guarantee the expression of dissent. It argues that whistleblowing is a distinctive form of civil dissent that contributes to the demands of institutional transparency in constitutional democracies and explores the idea that the way institutions are responsive to dissent determines the robustness of democracy, and ultimately, its legitimacy. What place dissenters have within a society, whether they enjoy personal safety, legal protection, and safe channels for their disclosure, are hallmarks of a good democracy, and of its sense of justice. (shrink)

When should you engage with difficult arguments against your cherished controversial beliefs? The primary conclusion of this book is that your obligations to engage with counterarguments are more limited than is often thought. In some standard situations, you shouldn't engage with difficult counterarguments and, if you do, you shouldn't engage with them open-mindedly. This conclusion runs counter to aspects of the Millian political tradition and political liberalism, as well as what people working in informal logic tend to say about argumentation. (...) -/- Not all misleading arguments wear their flaws on their sleeve. Each step of a misleading argument might seem compelling and you might not be able to figure out what's wrong with it. Still, even if you can't figure out what's wrong with an argument, you can know that it's misleading. One way to know that an argument is misleading is, counterintuitively, to lack expertise in the methods and evidence-types employed by the argument. When you know that a counterargument is misleading, you shouldn't engage with it open-mindedly and sometimes shouldn't engage with it at all. You shouldn't engage open-mindedly because you shouldn't be willing to reduce your confidence in response to arguments you know are misleading. And you sometimes shouldn't engage closed-mindedly, because to do so can be manipulative or ineffective. -/- In making this case, Jeremy Fantl discusses echo chambers and group polarization, the importance in academic writing of a sympathetic case for the opposition, the epistemology of disagreement, the account of open-mindedness, and invitations to problematic academic speakers. (shrink)

Issues of sociopolitical systems’ stability and risks of their destabi-lization in process of political transformations belong to the most important ones as regards the social development perspectives, as has been shown again by the recent events in Ukraine. In this re-spect it appears necessary to note that the transition to democracy may pose a serious threat to the stability of respective sociopolitical systems. This article studies the issue of democratization of countries within globalization context, it points to the unreasonably high (...) economic and social costs of a rapid transition to democracy as a result of revolutions or of similar large-scale events for the countries unprepared for it. The authors believe that in a number of cases the authoritarian regimes turn out to be more effective in economic and social terms in comparison with emerging democracies especially of the revolutionary type, which are often incapable to insure social order and may have a swing to authoritarianism. Effective authoritarian regimes can also be a suitable form of a transition to efficient and stable democracy. The article investigates various correlations between revolutionary events and possibilities of establishing democracy in a society on the basis of the historical and contemporary examples as well as the recent events in Egypt. The authors demonstrate that one should take into account a country’s degree of sociopolitical and cultural preparedness for democratic institutions. In case of favorable background, revolutions can proceed smoothly (“velvet revolutions”) with efficient outcomes. On the contrary, democracy is established with much difficulty, throwbacks, return to totalitarianism, and with outbreaks of violence and military takeovers in the countries with high illiteracy rate and rural population share, with low female status, with widespread religious fundamental ideology, where a substantial part of the population hardly ever hears of democracy while the liberal intellectuals idealize this form, where the opposing parties are not willing to respect the rules of democratic game when defeated at elections. (shrink)

This essay explores two largely distinct discussions about equality: the 'luck egalitarian' debate concerning the appropriate metric of equality and the 'equality and difference' debate which has focused on the need for egalitarianism to consider the underlying norms in light of which the abstract principle to 'treat equals equally' operates. In the end, both of these discussions point to the importance of political equality for egalitarianism more generally and, in the concluding section, an attempt is made to show how the (...) ideal of 'equal concern and respect' might best be pursued given the results of these important discussions. (shrink)

There is a tendency in recent development literature to couple the concept of good governance with the concept of sustainable development. The coupling of the two concepts witnesses to the correlation that subsists between good governance and sustainable development, such that given that sustainable development is a function of good governance, where there is good governance, we should not only expect that there will be progress, but, more importantly, we should also expect that the progress is sustainable, so that the (...) situation is one of growing from strength to strength rather than one of progress today and retrogression tomorrow. Yet paradoxically just as sustainable development is predicated on good governance, good governance itself is a function of effective communication, so that where there is lack of effective communication the result is always bad governance, which, in turn, means the possibility of sustainable development is impeded, as we cannot maximize the resources at our disposal, but wallow in endless recrimination and negativities that fail to contribute to our overall well being. Our aim is to show that there is a direct correlation between diplomacy and good governance on the one hand and good governance and sustainable development on the other, so that the best way to promote sustainable development in every sphere of life is to ensure an effective management of the resources at our disposal such as to satisfy all legitimate and competing interests. (shrink)

One of the best known aspects of Oakeshott’s philosophy is his critique of rationalism. Because it is often read in a manner that dissociates it from the larger milieu in which it subsists, namely, Oakeshotts’s philosophy of experience, Oakeshott is sometimes labeled as an enemy of politics, one who is uninterested in political affairs; or, again, as a conservative, one who is at odds with modernity. Yet it remains to be seen whether these labels do justice to the complexity of (...) Oakeshott. Indeed, if Oakeshott’s critique of rationalism is inserted into the background of his philosophy of experience as articulated in Experience and its Modes, we begin to see that Oakeshott’s concern in his critique of rationalism is to separate political activity from political theorization and ground ideology in tradition, so that with a bit of detachment from political experience, the philosopher of politics can assume philosophy’s oversight function in critically interrogating the assumption behind political activity and political theorization, with a view to underscoring the limits of ideological politics and the priority of tradition. Our contention is that this way of looking at Oakeshott’s critique of the sovereignty of reason allows for a better appreciation of the contemporary relevance of Oakeshott’s contributions to political discourse. (shrink)

In this introduction, I first present the general problematic of the special section. Our world faces several existential challenges war, and global injustice) and some would argue that the only adequate answer to these challenges is setting up a world government. I then introduce the contributions that comprise the scholarly body of the special section: Andrić on global democracy; Hahn on global political reconciliation; Pinheiro Walla on Kant and world government; Miklós & Tanyi on institutional consequentialism and world governance. Lastly, (...) I briefly describe the practical context in which the idea of the special section has arisen and in which the present contributions have taken shape. (shrink)

In democratic political systems, political equality is often defined as an equality of opportunity for influence. But inequalities in resources and status affect the capacity of disadvantaged citizens to achieve an effective political equality. One common thread running through recent democratic innovations is the belief that appropriate institutional devices and procedures can alleviate the impact of background inequalities on the presence and voice of the disadvantaged within those designs. My objective is to achieve a clearer understanding of the conception of (...) political equality that informs a specific subset of these designs: deliberative mini-publics. I focus firstly on the methods of participant selection advocated to secure equal presence. According to what principle is participation distributed? If it is according to the ‘equal probability’ principle, rather than ‘equal opportunity’, what difference does this make in terms of political equality? Secondly, achieving equality of voice is usually con... (shrink)

Many philosophers of science have argued that social and ethical values have a significant role to play in core parts of the scientific process. This naturally suggests the following question: when such value choices need to be made, which or whose values should be used? A common answer to this question turns to democratic values—the values of the public or its representatives. I argue that this imposes a morally significant burden on certain scientists, effectively requiring them to advocate for policy (...) positions they strongly disagree with. I conclude by discussing under what conditions this burden might be justified. (shrink)

Public hate speech, it has forcefully been argued, assaults the dignity of its targets. Without denying this claim, I contend that it fails to establish that bans, rather than counterspeech, are the appropriate response. By articulating a more refined understanding of counterspeech, I suggest that counterspeech constitutes a better way of blocking hate speech’s dignitarian harm. In turn, I address two objections: according to the first, which draws on contemporary philosophy of language, counterspeech does not block enough hate speech; according (...) to the second, counterspeech blocks too much speech. Although these objections should qualify our optimism regarding counterspeech, I demonstrate that each can be turned, with even greater force, against hate speech bans. (shrink)

Nudging policies rely on behavioral science to improve people's decisions through small changes in the environments within which people make choices. This article first seeks to rebut a prominent objection to this approach: furnishing governments with the power to nudge leads to relations of alien control, that is, relations in which some people can impose their will on others—a concern which resonates with republican, Kantian, and Rousseauvian theories of freedom and relational theories of autonomy. I respond that alien control can (...) be avoided, if nudging is suitably transparent and democratically controlled. Moreover, such transparency and democratic control are institutionally feasible. Building on this response, I then provide a novel and surprising argument for more nudging: democratically controlled public policy nudging can often contain the power of private companies to nudge in uncontrolled and opaque ways. Therefore, reducing alien control often requires more rather than less nudging in public policy. (shrink)

1. How do human organizations, as designed by humans, govern polities? -/- Current web-site analyses indicate that the medical-sites register the heaviest use. Humans are concerned with their health in a variety of iterations. If you will, it is the choice of the marketplace. But, humans must tend to the business of life. The humans live in communities, which necessarily choose definitions for their polities. Polities cannot exist without explicitly appointed and generally known socio-legal laws. In defining those rules, societies (...) decide how they are going to be organized and ruled---either consciously or by default---and how the common functions of the community are going to be financed. (shrink)

Liberalism and democracy are not identical. In the phrase “liberal democracy” the two terms are conflated—with the result that liberalism tends to trump democracy. My paper challenges this tendency. It first examines critically central features of “minimalist” liberal democracy as formulated by some leading theorists. The discussion then shifts to critical assessments in both the East and the West. Turning first to South Asia, the focus is placed on Gandhi’s teachings regarding popular self-rule where the latter does not mean “selfish (...) rule” but rather the ability of people to rule themselves in an ethical manner. Moving to East Asia, I concentrate on Confucianism which emphasizes the basic ethical “relationality” of human life and stands opposed to both radical individualism and collectivism. The paper concludes by invoking the work of John Dewey who famously defined democracy as an ethical community. (shrink)

This essay summarizes the research program developed in our new book, Why We Argue : A Guide to Political Disagreement. Humans naturally want to know and to take themselves as having reason on their side. Additionally, many people take democracy to be a uniquely proper mode of political arrangement. There is an old tension between reason and democracy, however, and it was first articulated by Plato. Plato’s concern about democracy was that it detached political decision from reason. Epistemic democrats attempt (...) to show how the two can be re-attached. What is necessary is to couple the core democratic liberties with norms of rational exchange. Thus epistemology and argument provides a basis for democratic politics. Why We Argue makes a case for the connection and develops a toolkit for maintaining it. (shrink)

Decisions in democracy are binding not in virtue of being true or good, but on account of being an outcome of the majority voting procedure. For some, this is a proof of an intricate connection between democracy and moral relativism. The ‘militant democracy’ model, on the other hand, is premised on the idea that certain political actors and choices have to be banned for being fatally bad for democracy. This gives rise to the claim that protected democratic fundamental values of (...) freedom and equality enjoy the status of absolute moral standards. This article dismisses the intuition that justification of ‘militant democracy’ depends on unpacking the relation between democracy and meta-ethics. Instead, following Bernard Suits’ analytical exposition of the important features of games, it demonstrates, first, how democracy is like a game and, then, it argues that a plausible justification of ‘militant democracy’ stems from its game-like character. (shrink)

The concept of legitimacy is examined through a reading of Habermas’s work on communicative action, and through a reading of the opening chapters of Between Facts and Norms. The claim that legal juries function in a manner similar to a ‘parliament’ is rejected in favour of a claim that they exercise a decentred ‘particle’ of popular sovereignty. An analysis of the jury’s lifeworld origins is undertaken and, the essay then considers the democratic function of the operation of ‘jury equity’ whereby (...) juries may produce ‘perverse’ decisions, or as described in the USA – jury ‘nullification’ whereby juries bring in verdicts that go against overwhelming evidence. (shrink)

In this article, I discuss prospects for democracy in the Middle East. I argue, first, that some democratic experiments—for instance, Egypt under Mohammed Morsi—are not in keeping with etymological and historical meanings of democracy; and second, that efforts to promote democracy, especially as exemplified in U.N. documents emphasizing universal rights grounded in Western traditions, are possibly totalitarian and also colonialist and hence counter to democratic ideals insofar as they impart one set of values as the only morally acceptable ones. A (...) respectful dialogue in which people from both regions strive to understand conditions giving rise to certain social practices would be more productive than morally superior attitudes, and help all to see areas where their respective cultures could be improved. I conclude by discussing concepts of democratic and pragmatic faith articulated by John Dewey and William James, arguing that democracy will continue to flounder in the Middle East so long as the basic trust implied in these concepts is lacking; and how Westerners might consider this a cautionary tale regarding social attitudes and public policies contrary to democratic life in their own countries. (shrink)

Mark White has developed a provocative skepticism about antitrust law. I first argue against three claims that are essential to his argument: the state may legitimately constrain or punish only conduct that violates someone’s rights, the market’s purpose is coordinating and maximizing individual autonomy, and property rights should be completely insulated from democratic deliberation. I then sketch a case that persons might have a right to a competitive market. If so, antitrust law does deal with conduct that violates rights. The (...) main thread running throughout the article is that what counts as a legitimate exercise of property rights is dynamic, sensitive to various external conditions, and is the proper object of democratic deliberation. (shrink)

Corporative global media cannot be an instrument of the culture of peace, because they have made widespread individualistic values of the consummative society. Through their symbolic power, they successfully dominate over every sphere of existence of a society: politics, economic life, social ties, national culture, human communication and private life. Traditional media could not be a factor in the promotion and development of culture of peace, simply because they are proponents of corporative economic and political interests. It is in the (...) interest of citizens to counter the activities of “rapacious capitalism” (SCHMIDT 1998), of local comprador political and economic elites, and the practice of robbery of their work; to bridle the proliferation of weapons and acts of aggression. (shrink)

This book is a theoretical and completely rigorous analysis of voting in committees that provides mathematical proof of the existence of democratic voting systems, which are immune to the manipulation of preferences of coalitions of voters. The author begins by determining the power distribution among voters that is induced by a voting rule, giving particular consideration to choice by plurality voting and Borda's rule. He then constructs, for all possible committees, well-behaved representative voting procedures which are not distorted by strategic (...) voting, giving complete solutions for certain important classes of committees. The solution to the problem of mass elections is fully characterised. (shrink)

Is there a public good? A prevalent view in political science is that democracy is unavoidably chaotic, arbitrary, meaningless, and impossible. Such scepticism began with Condorcet in the eighteenth century, and continued most notably with Arrow and Riker in the twentieth century. In this powerful book, Gerry Mackie confronts and subdues these long-standing doubts about democratic governance. Problems of cycling, agenda control, strategic voting, and dimensional manipulation are not sufficiently harmful, frequent, or irremediable, he argues, to be of normative concern. (...) Mackie also examines every serious empirical illustration of cycling and instability, including Riker's famous argument that the US Civil War was due to arbitrary dimensional manipulation. Almost every empirical claim is erroneous, and none is normatively troubling, Mackie says. This spirited defence of democratic institutions should prove both provocative and influential. (shrink)

In the wake of the recent expansion of democratic forms of government around the world, political theorists have begun to rethink the nature and justification of this form of government. The essays in this book address a variety of foundational questions about democracy: How effective is it? How stable can it be in a pluralist society? Does it deserve its current popularity? Can it successfully guide a socialist society?

This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead (...) explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability. (shrink)

Persistent disagreement is perhaps one of the defining features of modern liberal democracy. Disagreement, though, is not merely a philosophical nuisance, but a source of friction and conflict. The goal of this work is to inquire, whether we can conceive of a political order that might be judged superior to our current modus vivendi arrangements for settling conflict from a diverse set of normative standards or perspectives. In this essay we develop the concept of Polycentric Democracy.

This article explains how we ordinary subjects of a state who are neither political leaders nor functionaries are responsible for outcomes that are properly attributed to that state and that took place during our adult lifetime. Its focus is on the connection we forge to those outcomes via our obedience alone. If our responsibility as subjects is justified, it would apply under all regime types including oppressive and authoritarian ones. The argument is that this responsibility can only be justified within (...) a minimal account of agency and a bare-bones account of responsibility. Thus, while we incur a burden of responsibility for the state via our obedience alone, that burden does not suffice to either blame us or extract remedies from us for state injustices. For us obedient subjects, however, it is important that we be cognizant of this burden as it marks the most minimal agency we exercise in the state. (shrink)