Justification of Democracy

National Baha’i elections, conducted world-wide without nominations, competitive campaigns, or parties, challenge the emerging consensus that the only truly democratic elections are multiparty elections in which each party’s candidates compete freely for votes. National Baha’i electoral institutions are based on three core values: respect for the inherent dignity of each person, the unity and solidarity of persons collectively, and the justice and fairness of institutions. While liberal political philosophy interprets respect for dignity exclusively in terms of equality and freedom, the (...) Baha’i model interprets dignity to require respect for the equality, freedom, and nobility of each person. The perfectionist focus on nobility helps explain the distinct features of national Baha’i elections and, in particular, the ban on campaigning. In light of ongoing concerns about the character of the electoral process in actually existing democracies, further research into Baha’i elections and their philosophical foundations provides a promising basis for rethinking widely held liberal assumptions about how democratic elections must be conducted. (shrink)

The review argues that Talisse's epistemic defense of democracy in his "Democracy and Moral Conflict," albeit novel and interesting, falls prey to an epistemic analogue of the problem of reasonable moral pluralism that Rawls famously posed for moral justifications of democracy.

In her recent book, Democratic Reason, Hélène Landemore argues that, when evaluated epistemically, “a democratic decision procedure is likely to be a better decision procedure than any non-democratic decision procedures, such as a council of experts or a benevolent dictator” (p. 3). Landemore's argument rests heavily on studies of collective intelligence done by Lu Hong and Scott Page. These studies purport to show that cognitive diversity – differences in how people solve problems – is actually more important to overall group (...) performance than average individual ability – how smart the individual members are. Landemore's argument aims to extrapolate from these results to the conclusion that democracy is epistemically better than any non-democratic rival. I argue here that Hong and Page's results actually undermine, rather than support, this conclusion. More specifically, I argue that the results do not show that democracy is better than any non-democratic alternative, and that in fact, they suggest the opposite – that at least some non-democratic alternatives are likely to epistemically outperform democracy. (shrink)

This short article will seek to explore the causes, and possible solutions, of what seems to be the current freezing of the Turkish constitution-making process that has had some dramatic successes in the 1990s and early 2000s. I make the strong claim that democratic legitimacy or constituent authority should not be reduced either to any mode of power, even popular power, or to mere legality. It is these types of reduction that I find especially troubling in recent Turkish constitutional struggles, (...) where the legal claims of two powers — the government-controlled legislative and the judicial branches — to structure the constitution are not backed by sufficient political legitimacy. In effect these two powers that claim their constituent authorization, rather implausibly in my view, from either the democratic electorate or from an original constituent power, because of their conflict threaten to freeze the constitution-making process that very much needs to be continued and concluded. I end the article by making a suggestion for one possible constitution-making procedure that would be both legitimate and legal. (shrink)

Governments compel their subjects to obey laws and duly empowered commands of public officials. Under what circumstances is this coercion by governments morally legitimate? In the contemporary world, many say a legitimate government must be democratic, and, with qualifications, I agree. (Let us say that in a democracy all nontransient adult residents are eligible to be citizens and each citizen if free to vote and run for office in free elections that determine who shall be lawmakers and top public officials.) (...) More controversially, I hold that what renders the democratic form of government for a nation morally legitimate (when it is) is that its operation over time produces better consequences for people than any feasible alternative mode of governance. (shrink)

Democratic instrumentalism is the combination of two ideas. One is instrumentalism regarding political arrangements: the form of government that ought to be instituted and sustained in a political society is the one the consequences of whose operation would be better than those of any feasible alternative. The second idea is the claim that under modern conditions democratic political institutions would be best according to the instrumentalist norm and ought to be established. “Democratic instrumentalism” is not a catchy political slogan apt (...) for car bumper stickers. To my knowledge people have never marched in solidarity under its banner. In fact it is a dreary political abstraction. Yet it has a lot going for it, morally, politically, and intellectually. This essay defends democratic instrumentalism.1 The democratic instrumentalist opposes the doctrine of the divine right of kings along with the idea that aristocrats are inherently more worthy than commoners and as such are uniquely entitled to rule. Striking a more controversial note, the democratic instrumentalist also opposes the suggestion that each adult person has a fundamental moral right to be admitted as a full member of some political society, entitled to run for office and vote (on a one person, one vote basis) in free elections that select the public officials in top government posts and directly or indirectly determine the content of the laws and policies that the government enforces on all members of the society. Call this the right to a democratic say.2 Here a moral right is an individual claim that others ought to honor. If one has a moral right, one is wronged if others do not honor it; a given right is constituted by specified duties that specified others are bound to fulfill. A fundamental moral right holds independently of social and political arrangements, cultural understandings, or people’s opinions. It also holds, at least to some degree, independently of the consequences that would ensue if it were upheld or not upheld.3 A fundamental moral right might be hedged with conditions.. (shrink)

How might we mend the world? Charles Blattberg suggests a "new patriotism," one that reconciles conflict through a form of dialogue that prioritizes conversation over negotiation and the common good over victory. This patriotism can be global as well as local, left as well as right. Blattberg's is a genuinely original philosophical voice. The essays collected here discuss how to re-conceive the political spectrum, where "deliberative deomocrats" go wrong, why human rights language is tragically counterproductive, how nationalism is not really (...) secular, how many nations should share a single state, a new approach to the Arab-Israeli conflict, and why Canada might have something to teach about the "war on terror." We also learn about the right way to deny a role to principles in ethics, how to distinguish between the good and the beautiful, the way humor works, the rabbinic nature of modernism, the difference between good, bad, great, and evil, why Plato's dialogues are not really dialogues, and why most philosophers are actually artists. (shrink)

This paper addresses a problem for theories of epistemic democracy. In a decision on a complex issue which can be decomposed into several parts, a collective can use different voting procedures: Either its members vote on each sub-question and the answers that gain majority support are used as premises for the conclusion on the main issue, or the vote is conducted on the main issue itself. The two procedures can lead to different results. We investigate which of these procedures is (...) better as a truth-tracker, assuming that there exists a true answer to be reached. On the basis of the Condorcet jury theorem, we show that the pbp is universally superior if the objective is to reach truth for the right reasons. If one instead is after truth for whatever reasons, right or wrong, there will be cases in which the cbp is more reliable, even though, for the most part, the pbp still is to be preferred. (shrink)

When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by (...) showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation (e.g., electing representatives) but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government. (shrink)

In a recent article, Thomas Christiano defends the intrinsic justice of democracy grounded in the principle of equal consideration of interests. Each citizen is entitled to a single vote, equal in weight to all other citizens. The problem with this picture is that all citizens must meet a threshold of minimal competence. -/- My argument is that Christiano is wrong to claim a minimum threshold of competency is fully consistent with the principle of equality. While standards of minimal competency may (...) be justifiable, these standards justify political inequality. -/- This paper explores the relationship between equality and democracy in terms of minimal competency, demonstrating how minimal competency is justified and why it is inegalitarian in interesting ways. (shrink)

Do democratic institutions enhance a country's compliance with international commitments? The author develops a game-theoretic model that highlights the conditional nature of democratic institutions' effect on compliance. Rather than assuming that the electorate in a democracy benefits from compliance uniformly, the author considers domestic distributional consequences of compliance. The model thus incorporates the preferences of competing domestic constituents as well as their politically relevant attributes such as electoral leverage and informational advantage. The model shows that, although electoral institutions intensify politicians' (...) accountability to domestic constituents, the direction of this electoral effect on compliance is determined by the political attributes of competing interests. The author illustrates this theory with examples of international economic and environmental policies. (shrink)

One of the most noticeable trends in recent years has been the increasing reliance of public decision-making processes on algorithms, i.e. computer-programmed step-by-step instructions for taking a given set of inputs and producing an output. The question raised by this article is whether the rise of such algorithmic governance creates problems for the moral or political legitimacy of our public decision-making processes. Ignoring common concerns with data protection and privacy, it is argued that algorithmic governance does pose a significant threat (...) to the legitimacy of such processes. Modelling my argument on Estlund’s threat of epistocracy, I call this the ‘threat of algocracy’. The article clarifies the nature of this threat and addresses two possible solutions. It is argued that neither solution is likely to be successful, at least not without risking many other things we value about social decision-making. The result is a somewhat pessimistic conclusion in which we confront the possibility that we are creating decision-making processes that constrain and limit opportunities for human participation. (shrink)

Cet article a deux objectifs. Le premier est de montrer pourquoi l’argument instrumental en faveur de la démocratie est insuffisant pour justifier la délibération politique. Si notre but est l’optimisation du potentiel épistémique d’un régime politique, et que des approches agrégatives et inférentielles (sans délibération) atteignent cet objectif, alors nous ne pouvons plus justifier la délibération sur cette base. Ce problème peut être contourné en reprenant une distinction de Daniel Andler. Pour ce dernier, le groupe délibératif se distingue du groupe (...) agrégatif parce qu’il permet aux agents, par une occasion éducative informelle, de se responsabiliser. La délibération présente donc un potentiel épistémique supérieur, mais qui ne se limite pas à identifier la meilleure réponse dans un temps donné. Le second objectif de l’article est de montrer comme l’argument d’Andler fait le pont entre, d’une part, les théories de la justification publique et, d’autre part, les théories de la démocratie épistémique. (shrink)

Recent attempts to legislate climate science out of existence raises the question of whether citizens are obliged to obey such laws. The authority of democratic law is rooted in both truth and popular consent, but neither is sufficient and they may conflict. These are reconciled in theory and, more importantly, in practice once we incorporate insights from the pragmatist theory of inquiry.

The contemporary theory of epistemic democracy often draws on the Condorcet Jury Theorem to formally justify the ‘wisdom of crowds’. But this theorem is inapplicable in its current form, since one of its premises – voter independence – is notoriously violated. This premise carries responsibility for the theorem's misleading conclusion that ‘large crowds are infallible’. We prove a more useful jury theorem: under defensible premises, ‘large crowds are fallible but better than small groups’. This theorem rehabilitates the importance of deliberation (...) and education, which appear inessential in the classical jury framework. Our theorem is related to Ladha's (1993) seminal jury theorem for interchangeable (‘indistinguishable’) voters based on de Finetti's Theorem. We also prove a more general and simpler such jury theorem. (shrink)

This article presents two interlocking arguments for epistemic political egalitarianism. I argue, first, that coping with multidimensional social complexity requires the integration of expertise. This is the task of political parties as collective epistemic agents who transform abstract value judgments into sufficiently coherent and specific conceptions of justice for their society. Because parties thus severely lower the relevant threshold of comparison of political competence, citizens have reason to regard each other as epistemic equals. Drawing on the virulent “peer disagreement debate,” (...) I then analyze the epistemic significance of political disagreement. I contend that citizens ought to pursue epistemic conciliation, an idea I contrast to the ideals of compromise and of consensus. Subsequently, I introduce insights from public choice theory and empirical findings which show that and why multi-party electoral competition coupled with equal rights to participation tends to produce conciliatory outcomes. We thus have reason to endorse political egalitarianism on epistemic grounds. (shrink)

There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since the (...) fundamental norm of classical liberalism is consent, we must start with the intellectual history of the voluntary slavery contract, the coverture marriage contract, and the voluntary non-democratic constitution (or pactum subjectionis). Next we recover the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience through the Enlightenment (e.g., Spinoza and Hutcheson) in the abolitionist and democratic movements. Consent-based governments divide into those based on the subjects' alienation of power to a sovereign and those based on the citizens' delegation of power to representatives. Inalienable rights theory rules out that alienation in favor of delegation, so the citizens remain the ultimate principals and the form of government is democratic. Thus the argument concludes in agreement with Buchanan that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations. (shrink)

In *How Propaganda Works* Jason Stanley argues that democratic societies require substantial material equality because inequality causes ideologically flawed belief, which, in turn, make demagogic propaganda more effective. And that is problematic for the quality of democracy. In this brief paper I unpack that argument, in order to make two points: (a) the non-moral argument for equality is promising, but weakened by its reliance on a heavily moralised conception of democracy; (b) that problem may be remedied by whole-heartedly embracing a (...) more realistic conception of democracy. That conception is at least compatible with Stanley’s argument, if not implicit in parts of it. (shrink)

In this article I examine the main conceptions of public reason in contemporary political philosophy in order to set the frame for appreciating the novelty of the pragmatist understanding of public reason as based upon the notion of consequences and upon a theory of rationality as inquiry. The approach is inspired by Dewey but is free from any concern with history of philosophy. The aim is to propose a different understanding of the nature of public reason aimed at overcoming the (...) limitations of the existing approaches. Public reason is presented as the proper basis for discussing contested issues in the broad frame of deep democracy. (shrink)

La tesis central de este trabajo es que la tradicional tensión entre substancia y procedimiento socava las estabilidad de la justificación de la concepción liberal más extendida de la legitimidad (la Democracia Deliberativa). Dicha concepciones enfrentan problemas serios a la hora de articular de manera consistente dos dimensiones que parecen ir naturalmente asociadas a la idea de legitimidad: la dimensión procedimental, vinculada a la equidad del procedimiento, y la dimensión epistémica, asociada a la corrección de los resultados. En este trabajo (...) sostengo que a) esa tensión surge de la adopción de una concepción epistemológica social de tipo "veritativo-consecuencialista; b) es posible manejar dicha tensión mediante el remplazo de la epistemología subyacente por una concepción epistemológica social de tipo procedimentalista de orientación pragmatista y c) dicha operación orienta el diseño institucional en una dirección experimentalista. (shrink)

Under the assumptions of the standard Condorcet Jury Theorem, majority verdicts are virtually certain to be correct if the competence of voters is greater than one-half, and virtually certain to be incorrect if voter competence is less than one-half. But which is the case? Here we turn the Jury Theorem on its head, to provide one way of addressing that question. The same logic implies that, if the outcome saw 60 percent of voters supporting one proposition and 40 percent the (...) other, then average voter competence must either be 0.60 or 0.40. We still have to decide which, but limiting the choice to those two values is a considerable aid in that. Key Words: Condorcet Jury Theorem • epistemic democracy • voter competence. (shrink)

May's theorem famously shows that, in social decisions between two options, simple majority rule uniquely satisfies four appealing conditions. Although this result is often cited in support of majority rule, it has never been extended beyond decisions based on pairwise comparisons of options. We generalize May's theorem to many-option decisions where voters each cast one vote. Surprisingly, plurality rule uniquely satisfies May's conditions. This suggests a conditional defense of plurality rule: If a society's balloting procedure collects only a single vote (...) from each voter, then plurality rule is the uniquely compelling electoral procedure. To illustrate the conditional nature of this claim, we also identify a richer informational environment in which approval voting, not plurality rule, is supported by a May-style argument. (shrink)

The Federalist, justifying the Electoral College to elect the president, claimed that a small group of more informed individuals would make a better decision than the general mass. But the Condorcet Jury Theorem tells us that the more independent, better-than-random voters there are, the more likely it will be that the majority among them will be correct. The question thus arises as to how much better, on average, members of the smaller group would have to be to compensate for the (...) epistemic costs of making decisions on the basis of that many fewer votes. This question is explored in the contexts of referendum democracy, delegate-style representative democracy, and trustee-style representative democracy. (shrink)

I argue for an epistemic conception of voting, a conception on which the purpose of the ballot is at least in some cases to identify which of several policy proposals will best promote the public good. To support this view I first briefly investigate several notions of the kind of public good that public policy should promote. Then I examine the probability logic of voting as embodied in two very robust versions of the Condorcet Jury Theorem and some related results. (...) These theorems show that if the number of voters or legislators is sufficiently large and the average of their individual propensities to select the better of two policy proposals is a little above random chance, and if each person votes his or her own best judgment (rather than in alliance with a block or faction), then the majority is extremely likely to select the better alternative. Here ‘better alternative’ means that policy or law that will best promote the public good. I also explicate a Convincing Majorities Theorem, which shows the extent to which the majority vote should provide evidence that the better policy has been selected. Finally, I show how to extend all of these results to judgments among multiple alternatives through the kind of sequential balloting typical of the legislative amendment process. (shrink)

Offered are two epistemic accounts of deliberative democracy which suggest the reasonable minority has epistemically sound reasons to willingly follow a reasonable majority position. One of these accounts suggests that the truth will be on the side of an overwhelming rational majority. This is because it is less likely that there is a widespread cognitive failure that “contaminates” the moral intuitions of rational majority than a rational minority. The second account suggests that where there is a rational disagreement, instead of (...) assuming: a) one side is right and the other wrong or b) that they are both failing to discover what justice dictates, or c) that there is no moral fact of the matter, it is sometimes plausible to conclude that both views are compatible with justice. While the competing views can’t both be simultaneously realized, it is not contradictory to assert they are both compatible with justice. (shrink)

This paper defends a new argument for enabling citizen participation in government: individuals must have genuine opportunities to try to change the law in order to be able to satisfy duties of conscience. Without such opportunities, citizens who regard systems of related laws as partially unjust face a moral dilemma. If they comply with these laws willingly without also trying to change them, they commit a pro tanto wrong by willingly participating in injustice . If they disobey, or if they (...) obey only to avoid sanction, they respond inadequately to the morally important purposes that the laws advance despite their injustice. Government should help citizens avoid this dilemma. This argument bolsters the non-instrumentalist view that responsiveness in the political process is desirable even if it does not promote just legislative outcomes. It also helps to explain what governments owe to citizens with minority political views. (shrink)

Robert Talisse’s recent attempt to justify liberal democracy in epistemic terms is in many ways a breath of fresh air. However, in the present paper we argue that his defense faces two inter-related problems. The first problem pertains to his defense of liberalism, and owes to the fact that a commitment to the folk-epistemological norms in terms of which he makes his case does not commit one to partaking in liberal institutions. Consequently, our (alleged) commitment to the relevant epistemic norms (...) does not justify liberal democracy. The second problem pertains to his defense of democracy. The problem is that, if Talisse provides what we take to be the most plausible response to the first problem, framed in terms of his acceptance of a form of epistemic perfectionism, he is able to maintain his commitment to liberal institutions, but at the price of leaving democracy behind in favor of what we will refer to as a liberal epistocracy. (shrink)

What should the goals of scientific inquiry be? What questions should scientists investigate, and how should our resources be distributed between different lines of investigation? Philip Kitcher has suggested that we should answer these questions by appealing to an ideal based on the consideration of hypothetical democratic deliberations under ideal circumstances. This paper examines possible arguments that might support acceptance of this ideal for science, and argues that neither the arguments presented by Kitcher (2001, 2011b) nor traditional arguments for democracy (...) succeed in justifying its acceptance. (shrink)

Few have discussed Rawls's arguments for the value of democracy. This is because his arguments, as arguments that the principle of equal basic liberty should include democratic liberties, are incomplete. Rawls says little about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. And, at times, what he does say is unconvincing. My aim is to complete and, where they fail, to reconceive Rawls's arguments and to show that (...) a principle requiring equal political liberty and its fair value is an appropriate component of his theory of justice. (shrink)

This paper examines Jeremy Waldron’s ‘core case’ against judicial review. Waldron’s arguments, it shows, exaggerate the importance of voting to our judgements about the legitimacy and democratic credentials of a society and its government. Moreover, Waldron is insufficiently sensitive to the ways that judicial review can provide a legitimate avenue of political activity for those seeking to rectify historic injustice. While judicial review is not necessary for democratic government, the paper concludes that Waldron is wrong to believe that it is (...) a threat to democracy. (shrink)