(OPEN ACCESS) This paper establishes moral duties for intermediaries of political advertising in election campaigns. First, I argue for a collective duty to maintain the democratic quality of elections which entails a duty to contain some forms of political polarization. Second, I show that the focus of campaign ethics on candidates, parties and voters—ignoring the mediators of campaigns—yields mistaken conclusions about how the burdens of the latter collective duty should be distributed. Third, I show why it is fair to require (...) intermediaries to contribute to fulfilling this duty: they have an ultimate filtering position in the campaign communication process and typically benefit from political advertising and polarization. Finally, I argue that a transparency-based ethics of campaign advertising cannot properly accommodate a concern with objectionable polarization. By contrast, I outline the polarization-containing implications of my account, including a prohibition on online targeted advertising, and intermediaries’ duties to block hateful political advertising. (shrink)

Democracy is usually justified either on intrinsic or instrumental, particularly epistemic, grounds. Intrinsic justifications stress the values inherent in the democratic process itself, whereas epistemic ones stress that it results in good outcomes. This article examines whether epistemic justifications for deliberative democracy are superior to intrinsic ones. The Condorcet jury theorem is the most common epistemic justification of democracy. I argue that it is not appropriate for deliberative democracy. Yet deliberative democrats often explicitly state that the process will favour the (...) best argument. This can only be the case if deliberation improves the overall competence of the group and of the individuals that constitute it. I analyse when deliberation will increase competences and when it will not do so and find that individual competences will not reliably increase as a result of deliberation. In order for deliberative democracy to be epistemically more effective than representative democracy, strong procedural assumptions need to be made and deliberative democracy needs to be justified based on a combination of epistemic and intrinsic elements. (shrink)

Nossa seleção de verbetes parte do interesse de cada pesquisador e os dispomos de maneira histórico-cronológica e, ao mesmo tempo, temática. O verbete de Melissa Lane, “Filosofia Política Antiga” vai da abrangência da política entre os gregos até a república e o império, às portas da cristianização. A “Filosofia Política Medieval”, de John Kilcullen e Jonathan Robinson, é o tópico que mais demanda espaço na nossa seleção em virtude das disputas intrínsecas ao período, da recepção de Aristóteles pelo medievo e (...) da tensão entre poder Papal e Civil. No verbete “Liberalismo”, de Gerald Gaus, Shane Courtland e David Schmidtz, vemos as fontes fundantes da Filosofia Política da modernidade. As ideias de liberdade negativa e positiva se coadunam com a Ética Liberal e sua influência sobre a abrangência do valor fundamental da liberdade individual diante das políticas públicas. O texto de Ian Carter, “Liberdade Positiva e Liberdade Negativa”, expõe o paradoxo da liberdade em suas concepções valorativas e neutra, muito úteis para compreender os problemas políticos que enfrentamos hoje. Por fim, Bas Van Der Vossen no texto “Libertarianismo” trata das noções tensas entre Estado e indivíduos. A concepção de “liberdade de si”, genuinamente negativa, ganha destaque justificatório. Jackie Scully, no verbete Bioética Feminista, exemplifica o valor da influência dessas correntes no âmago de todos os contemporâneos. Sua escrita homenageia postumamente Anne Donchin com um apanhado histórico da luta de inserção de políticas feministas na pesquisa acadêmica global. No verbete “Democracia”, os professores brasileiros Gustavo Dalaqua e Alberto Ribeiro Barros acrescentaram tópicos importantes ao tema geral, respectivamente: “Construtivismo Representativo vs. Representação Descritiva” e “Democracia Contestatória de Philip Pettit”. O texto de Thomas Christiano perpassa os principais argumentos de justificação política contra e a favor da democracia ocidental, com foco central nas concepções de liberdade e igualdade. Os verbetes dispostos nessa seleção de textos são tendenciosos na medida que expressam o interesse genuíno de cada pesquisador com os assuntos relevantes em suas pesquisas. Em virtude disso, a escolha “adota um lado” em detrimento de outros – mais especificamente: de outro que poderia ser mais “progressista”. Por si só, o livro já nasce reclamando um segundo volume, que será providenciado. Colocamos de lado qualquer exigência de “imparcialidade”, algo que não existe na Filosofia, muito menos na Filosofia Política. Sobressai, nesse aspecto, o caráter reflexivo que o assunto exige e a importância do assunto, sem o qual não teríamos a modernas concepções de representatividade, as teorias da justiça ou mesmo as ciências sociais. Um outro volume, portanto, se faz imperativo, por conta da abrangência da própria SEP e do respeito a seu projeto inicial, genuinamente um plano plural. (shrink)

Many democratic theorists hold that when a decision is collectively made in the right kind of way, in accordance with the right procedure, it is permissible to enforce it. They deny that there are further requirements on the type of reasons that can permissibly be used to justify laws and policies. In this paper, I argue that democratic theorists are mistaken about this. So-called public reason requirements follow from commitments that most of them already hold. Drawing on the democratic ideal (...) of civic equality, I show that it can successfully explain why political decision-making must have the right sort of procedure-independent justification. However, contra standard accounts of public reason, I argue that laws and policies need to be justified with convergence accessible, not shared, reasons. Public reasons are those that are accessible in light of evaluative standards shared by all, or in light of every citizen’s private evaluative standards. Since this will make the set of public reasons wider, it makes the theory more palatable to sceptics while retaining the framework’s justificatory potential. (shrink)

This comment encourages normative democratic theorists to attend to the agenda for democratic theory that Steffen Ganghof sets in Beyond Parliamentarism and Presidentialism. I discuss Ganghof’s distinction between ‘procedural’ and ‘process’ equality. I conclude with a meta-theoretical question about how theorists should think about advocacy for large-scale constitutional systems.

Geographic definitions of constituency—the set of voters eligible to vote for a representative—have been criticized by theorists and reformers as undermining democratic values. I argue, in response, that there is no categorical (or even generally applicable) reason sounding in political equality to reject geographic districts. Geographic districting systems are typically flexible enough that, when properly designed, and matched with an appropriate electoral system, they can satisfy the requirements of political equality. More generally, I argue that it is a mistake to (...) evaluate the egalitarian character of constituency definitions in isolation from the political decision-making process as a whole. While it is conceptually important that we can detach constituency definition from other features of electoral systems, when it comes to normative and evaluative judgment, we ought to judge holistically. When we do so, we will rarely find general reasons to prefer one type of constituency definition to another. Geographic districts may offer benefits of logistical convenience and information circulation, even given the existence of advanced information technology. The best reason to reject geographic districts is their liability to anti-democratic abuse. Their defensibility in any given polity thus depends on how feasible it is to protect against such abuses while retaining a geographic districting system. (shrink)

After the parliamentary elections in Germany in September 2017, the Christian Democratic Union (CDU), the Christian Social Union (CSU), The Greens (Bündnis90/Die Grünen) and the Free Democratic Party (FDP) started to negotiate about forming a coalition government. But, surprising to many, the FDP decided to let these coalition talks collapse, and many commentators in Germany found it highly problematic for a political party to refuse to take responsibility in government. Interestingly, the question whether (or: when) democratic parties may legitimately refuse (...) to govern has so far been neglected in political theory and political philosophy. The article develops a general answer by discussing several possible reasons for thinking that it is sometimes wrong to refuse to govern and thereby engages both democratic theory and the recent literature on compromise. The resulting view is that parties have an ‘integrity prerogative’ that allows them to refuse to govern, except when there is no reasonable and stable alternative government coalition available. (shrink)

This paper identifies a challenge for liberal relational egalitarians—namely, how to respond to the prospect of emergent inequalities of power, status, and influence arising unintentionally through the free exercise of fundamental individual liberties over time. I argue that these emergent social inequalities can be produced through patterns of nonmalicious choices, that they can in fact impede the full realization of relational equality, and that it is possible they cannot be eliminated entirely without abandoning fundamental liberal commitments to leave individuals substantial (...) discretion in their personal lives. In such cases, I argue that liberal egalitarians should accept fair relational equality—a demanding but nevertheless imperfect form of relational equality. (shrink)

Scott Soames’s book The World Philosophy Made is a history of ideas spanning from the ancient Greeks until today.1 1 At nearly 400 pages of tightly printed text, the book is enormous in its scope, surveying ideas not only in philosophy but also in physics, mathematical logic, cognitive science, economics, linguistics, social science, legal theory and more. Among the topics discussed in detail are: the debate about immanent vs. transcendent forms; the Thomistic synthesis of Aristotelian philosophy with Christian theology; the (...) heliocentric model of the solar system and retrograde planetary motion; set-theoretic reductions of number and the question of whether set theory counts as logic; Gödel’s completeness and incompleteness proofs; the Chomskian revolution in linguistics; public choice theory; the representational theory of mind; special and general relativity; the many-worlds interpretation of quantum mechanics; the libertarian challenge to Rawlsian liberalism; the relation between Marx’s philosophy and 20th century socialist political movements; the rise of the administrative state; the role of evolution and child development in the acquisition of moral sentiments; and death and the meaning of life. This is by no means a complete list. (shrink)

The “question of reasonable compliance” concerns how business firms should comply with morally reasonable laws that have been democratically enacted. This article argues that, out of respect for the governing authority of democratic citizens, firms should comply with the law in accordance with legislators’ normative expectations of compliance. It defends this view against arguments from the legal, economic and business ethics literatures that focus on the contentious nature of democracy and the competitive nature of the market. In response this article (...) argues that these adversarial features of democracy and capitalism do not limit the ability of democratic legislatures to set normative expectations of market actors, nor the duty of firms to comply with them. (shrink)

Journal of Social Philosophy, EarlyView.

This paper claims that the intuitive and widespread legitimating power of majority rule (MR) arises from the link between majority rule and the principle of equality of political opportunity. The egalitarian character of MR is established by exploring “puzzles” in democratic theory, such as the insensitivity of democratic voting procedures to unequal intensity of citizens' preferences, and the relationship between the principle of unanimity (sometimes thought better to respect citizens' equality) and MR. Special attention is directed to the relationship between (...) political equality and equality in the outcomes of political decisions: The claim is made that the language of equal political opportunity captures well the idea of equal political influence, in the circumstance of disagreement about what is required to achieve equal treatment through the outcomes of political decisions. (shrink)

Majority rule is often adopted almost by default as a group decision rule. One might think, therefore, that the conditions under which it applies, and the argument on its behalf, are well understood. However, the standard arguments in support of majority rule display systematic deficiencies. This article explores these weaknesses, and assesses what can be said on behalf of majority rule.

Journal of Social Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

Overcoming corruption and authoritarian government in developing countries is hampered by global institutional arrangements. In particular, international borrowing and resource privileges, which entitle those exercising power in a country to borrow in its name and to effect legally valid transfers of ownership rights in its resources, can be obstacles to achieving democracy. These international conventions greatly increase the incentives toward attempts at coups d'état, especially in countries with a large resource sector. In exploring how this problem might be highlighted and (...) addressed, it is essential to understand that affluent societies have a great interest in upholding the prevailing institutional arrangements: Their banks benefit from their international lending and, far more importantly, their firms and people benefit greatly from cheap resource supplies. Institutional reform is more likely, then, to come from the developing countries.Thus, fledgling democracies may be able to improve their stability through constitutional amendments that bar future unconstitutional governments from borrowing in the country's name and from conferring ownership rights in its public property. Such amendments would render insecure the claims of those who lend to, or buy from, dictators, thus reducing the rewards of coups d'état. This strategy might be resisted by the more affluent societies, but such resistance could perhaps be overcome if many developing countries pursued the proposed strategy together, and if some moral support emerged among the citizenries of affluent societies. (shrink)

This paper offers an analysis of the relation between political populism and mass media, and how this relation becomes problematic for democratic societies. It focuses on the fact that mass media, due to their purpose and infrastructure, can unintentionally reinforce populist messages. Research findings from communication science and political psychology are used to illustrate how, for example, a combination of mass media agenda setting and motivated reasoning can influence citizens’ political decisions and impair their political autonomy. This poses a particular (...) normative challenge for modern democracies: how to counter these populism-supporting effects within the constraints of democratic legitimacy? After showing how severely limited legal measures to curb populist media effects would be, the paper argues in favour of media competence education as a way of providing future citizens with an epistemic toolkit to navigate the media environment and strengthen their political autonomy. (shrink)

A conception of legitimacy is at the core of normative theories of democracy. Many different conceptions of legitimacy have been put forward, either explicitly or implicitly. In this article, I shall first provide a taxonomy of conceptions of legitimacy that can be identified in contemporary democratic theory. The taxonomy covers both aggregative and deliberative democracy. I then argue for a conception of democratic legitimacy that takes the epistemic dimension of public deliberation seriously. In contrast to standard interpretations of epistemic democracy, (...) however, the conception I put forward avoids procedure-independent standards of correctness. Instead, it relies on a procedural social epistemology and defines legitimacy entirely in terms of the fairness of procedures. I call this conception of democratic legitimacy `Pure Epistemic Proceduralism'. I shall argue that it should be preferred over `Rational Epistemic Proceduralism', the conception of legitimacy that underlies the standard interpretation of epistemic democracy. Key Words: legitimacy • deliberative democracy • epistemic democracy • social epistemology. (shrink)

The current mechanisms and agents of humanitarian intervention are inadequate. As the crisis in Darfur has highlighted, the international community lacks both the willingness to undertake humanitarian intervention and the ability to do so legitimately. This article considers a cosmopolitan solution to these problems: the creation of a standing army for the United Nations. There have been a number of proposals for such a force, including many recently. However, they contain two central flaws: the force proposed would be, firstly, too (...) small and, secondly, too dependent on major states. Accordingly, I argue that, to be a substantial improvement on the current situation, such a force would need to be, firstly, much larger and, secondly, in the hands of cosmopolitan democratic institutions. This two-part solution would solve the problems faced by current interveners, but is unlikely to be realised soon. Accordingly, I argue that our immediate efforts should instead be concentrated on improving regional organisations' ability to intervene. (shrink)

Towards the end of her seminal work on the notion of representation Hanna Pitkin makes the following observation:At the end of the Second World War and during the Nuremberg trials there was much speculation about the war guilt of the German people. […] Many people might argue the responsibility of the German people even though a Nazi government was not representative. We might agree, however, that in the case of a representative government the responsibility would be more clear-cut.

Towards the end of her seminal work on the notion of representation Hanna Pitkin makes the following observation:At the end of the Second World War and during the Nuremberg trials there was much speculation about the war guilt of the German people. [...] Many people might argue the responsibility of the German people even though a Nazi government was not representative. We might agree, however, that in the case of a representative government the responsibility would be more clear-cut.2As Pitkin suggests (...) in this quotation, there is a common underlying assumption, both in academic writings and in popular perceptions of democracy, that a people living under a democratic government is ultimately responsible for that .. (shrink)

In this paper, I offer a solution to the Capacity/Equality Puzzle. The puzzle holds that an account of the franchise may adequately capture at most two of the following: (1) a political equality-based account of the franchise, (2) a capacity-based account of disenfranchising children, and (3) universal adult enfranchisement. To resolve the puzzle, I provide a complex liberal egalitarian justification of a moral requirement to disenfranchise children. I show that disenfranchising children is permitted by both the proper political liberal and (...) the proper political egalitarian understandings of the relationship between cognitive capacity and the franchise. Further, I argue, disenfranchising children is required by a minimalistic, procedural principle of collective competence in political decision-making. At the same time, I show that political equality requires the enfranchisement of all adults, regardless of cognitive capacities, and that the collective competence principle does not ground adult disenfranchisement. This justifies the progressive legal trend that holds the capacity-based disenfranchisement of adults to be incompatible with liberal democratic principles. (shrink)

In 2013, following the leaks by Edward Snowden, The Guardian published a number of classified NSA documents. Both leaking and publishing leaks violate the law prohibiting unauthorized disclosures. Accordingly, there are two potential targets for prosecution: the leakers and the press. In practice, however, only the leakers are prosecuted: Snowden is facing a threat of 30 years’ imprisonment; no charges have been made against The Guardian. If both leaking and publishing leaks violate the law, why prosecute only the leakers and (...) not the press? I consider and reject two arguments. The first claims that the press has special moral claims by virtue of its rights or its role. The second argument states that the leakers commit a greater wrong than the press. I conclude that the current prosecution practice is inconsistent: prosecutors should either prosecute both or neither. (shrink)

I explore the idea that the state should love its citizens. It should not be indifferent towards them. Nor should it merely respect them. It should love them. We begin by looking at the bases of this idea. First, it can be grounded by a concern with state subordination. The state has enormous power over its citizens. This threatens them with subordination. Love ameliorates this threat. Second, it can be grounded by the state's lack of moral status. We all have (...) reason to love everyone. But we beings with moral status have an excuse for not loving everyone: we have our own lives to lead. The state has no such excuse. So, the state should love everyone. We then explore the nature of the loving state. I argue that the loving state is a liberal state. It won't interfere in its citizens' personal spheres. It is a democratic state. It will adopt its citizens' ends as its own. It is a welfare state. It will be devoted to its citizens' well-being. And it is an egalitarian state. It will treat all its citizens equally. This constitutes a powerful third argument, an abductive argument, for the ideal of the loving state. (shrink)

Many contemporary democratic theorists are democratic egalitarians. They think that the distinctive value of democracy lies in equality. Yet this position faces a serious problem. All contemporary democracies are representative democracies. Such democracies are highly unequal: representatives have much more power than do ordinary citizens. So, it seems that democratic egalitarians must condemn representative democracies. In this paper, I present a solution to this problem. My solution invokes popular control. If representatives are under popular control, then their extra power is (...) not objectionable. Unfortunately, so I argue, in the United States representatives are under loose popular control. (shrink)

This paper is concerned with the Convention’s “democracy clause,” that is Article 3 of Protocol No. 1, which provides for the right to free elections. Why should it be described as a “democracy clause” and what is its significance for today? The paper first sketches out the drafting history, which reveals that while the framers were keen to preserve their inherited domestic institutions, they also thought it crucial to promote democracy. The Convention invokes but does not define democracy. It is (...) within the Court’s competence to elucidate its meaning. The Court holds that pluralist democracy is the only system compatible with the Convention. This paper argues that Article 3 of Protocol No. 1 further presupposes a representative legislature. It does not require member states to introduce a specific system of elections and representation, but it obliges them to conform to parliamentary democracy. Thus, the Court’s model of democracy rests on two pillars: pluralism and parliamentarism. It subscribes to pluralist democracy theories but contradicts the monolithic conception endorsed by Carl Schmitt. The Court’s model has the potential to offer a robust account of democracy. Yet, Article 3 of Protocol No. 1 has never lived up to its potential. The Court’s relevant jurisprudence is inadequate to address the contemporary antidemocratic shifts that are underway in certain member states. Hence, the paper suggests that the Court’s power to apply this clause is not limited to general elections but also extends to presidential elections and referendums. (shrink)

The Grasshopper’s game-playing Utopia collapses because, ideal though it might seem to some, ultimately most of us want more out of life than game-play. Building on both The Grasshopper and the published sequels in which Bernard Suits attempts to vindicate his Utopia, the current paper reconstructs Suits’s Utopia in a new way. I start from deeper reflection on Suits’s example of John Striver, a Utopian citizen who wants to work but whose profound boredom occasions Utopia’s collapse. Although the Grasshopper returns (...) to Striver repeatedly and urges his interlocutors to bear him in mind, the case is underdeveloped and its implications undertheorized, both by Suits and his numerous commentators and critics. The Striver example reveals a picture of Utopian games as complex, dynamic, mutually responsive, and cooperative; such games are not only better for game-loving ‘Grasshoppers’ but make room in Utopia for work-loving ‘Ants’. This mutuality is the key to Utopia’s sustainability. The paper thus offers a new critique and reinterpretation of the central text in contemporary philosophy of sport and explicates the goods inherent in the ludic ideal. (shrink)

Why pursue economic growth? For poor countries this is an easy question to answer, but it is more difficult for rich ones. Some of the world's greatest philosophers and economists – such as John Stuart Mill, John Maynard Keynes, and John Rawls – thought that, once a certain material standard of well-being has been achieved, economic growth should stop. I argue the opposite in this article. We always have reason to pursue economic growth. My argument is indirect. I shall not (...) argue that economic growth itself is always better. Rather, I shall argue that stopping growth requires morally objectionable actions. Economic growth tends to occur naturally if certain underlying conditions are in place. We have moral reasons to insist on these conditions independent their effect on growth, however. Halting growth requires that we alter these conditions, but we ought not do this. (shrink)

This essay extends Robin DiAngelo’s concept of white fragility in two directions. First, we outline an additional cause of white fragility. The lack of proper terminology available to discuss race-based situations creates a semantic false dichotomy, which often results in an inability to discuss issues of racism in a way that is likely to have positive consequences, either for interpersonal relationships or for social and political change. Second, we argue that white fragility, with its semantic foundations, has serious consequences for (...) racial justice. It perpetuates the mass incarceration of black Americans, and undergirds the knowledge gap and subsequent wealth gap. The result of these racial injustices, which are maintained partially through white fragility, is that black Americans do not live in a democracy; they neither occupy positions of social and political power, nor have the ability to obtain power or directly impact who does obtain power. (shrink)

Empirical research has transformed our understanding of autocratic institutions. Yet democratic theorists remain laser-focused on ideal democracies, often contending that political equality is necessary to generate democratic authority. Those analyses neglect most nonideal democracies and autocracies – regimes featuring inequality and practices like gerrymandering. This essay fills that fundamental gap, outlining the difficulties of applying theories of democratic authority to nonideal regimes and challenging long-standing views about democratic authority. Focusing on autocrats that lose elections, I outline the democratic authority of (...) nonideal, flawed procedures. Flawed elections are unjustifiably biased toward incumbents. But under certain conditions, ignoring an incumbent’s loss would require not treating one’s fellow citizens as equals. Under those conditions, therefore, citizens are bound to obey those electoral outcomes – that is, flawed procedures can possess democratic authority. (shrink)

The legislature and the judiciary have been a constant focus of contemporary political philosophy. However, the executive – ‘the government’ itself – has been comparatively neglected. Today, this is changing with a well-spring of new work that bears upon what we might call the ideal of ‘good governance’, that is, how governments (and/or their agents) should exercise their powers. This review paper begins by clarifying the concepts of ‘governance’ and ‘good’ governance (§1). It then highlights five sets of values, working (...) nominally from the most foundational constraints on the exercise of government power to those that should guide the exercise of discretion: legitimacy and rule of law (§2); respect and trustworthiness (§3); efficiency and rationality (§4); public participation and accountability (§5); and the public interest and fiduciary duties (§6). (shrink)

This article aims to critically evaluate the recent proposals of Confucian political meritocracy by focusing on two sets of questions: the first set on the connection between traditional Confuciani...

Many authors argue that refugees should be enfranchised independently of citizenship. The enfranchisement of refugees is often seen as crucial for affirming their agency in the politics of asylum. However, most arguments in the literature do not explain why precisely it matters that they exercise their agency in the realm of democratic decision-making, i.e. why it matters that refugees participate in collectively wielding the public power to which they are subjected, rather than passively enjoy protection against the excessive and intrusive (...) exercise of this power. This leaves it unclear what value refugee enfranchisement realises precisely, and what function or role it is meant to play within the overall provision of asylum. My goal is to propose a plausible explanation of the significance of democratic inclusion from the viewpoint of refugees' agency. I argue that refugee enfranchisement affirms refugees' agency by advancing their interest in acting as makers of justice within the political context in which they find themselves. (shrink)

Legal scholars generally consider the theorisation and constitutionalisation of constitutional interpretation as a matter for the courts. This article first challenges this tendency on conceptual grounds, showing that no institutional commitment follows from the nature of interpretation in law, constitutional law included. It then provides guidance for thinking about institutional perspectives according to two criteria: the nature and normative strength of the sources interpreted and the capacity of the interpreter to include and consider every possibility affected when her interpretation carries (...) collective effects and is authoritatively final. The application of these criteria places the discussion on the grounds of democratic theory. The article thus reviews competing democratic theories and champions deliberative democracy as the alternative whose constitutive features best allow for the development of institutions capable of exercising constitutional interpretation when the imposition of meaning on the constitution is final and carrieserga omneseffects. (shrink)

Early voting behavior research confronted liberal democratic theory with the average American citizen's meager ability to think politically. Since then, several lines of analysis have tried to vindicate the mass electorate. Most recently, some researchers have attempted to reconceptualize the political reasoning process by viewing it in the aggregate, while others describe individuals as effective—albeit inarticulate—employers of cognitive shortcuts. While mass publics may, in these ways, be described as “rational,” they still fail to meet the basic requirements of democratic theory.

The deliberative model of democracy, as presented by Jürgen Habermas and others, claims to reconstruct the normative content of the idea of democracy. However, since it overemphasises the epistemic facet of decision‐making, the model is unable to take into account other valuable aspects of democracy. This is shown in reference to two concrete phenomena from political reality: majority voting and the problem of the dissenter. In each case, the deliberative model inevitably fails to account for several normatively desirable features of (...) democracy, such as formal political equality and proper respect for the judgement of each citizen. (shrink)

This article responds to critical reflections on my Beyond Presidentialism and Parliamentarism by Sarah Birch, Kevin J. Elliott, Claudia Landwehr and James L. Wilson. It discusses how different types of representative democracy, especially different forms of government (presidential, parliamentary or hybrid), can be justified. It clarifies, among other things, the distinction between procedural and process equality, the strengths of semi-parliamentary government, the potential instability of constitutional designs, and the difference that theories can make in actual processes of constitutional reform.

No statue raised in a public place should stand there indefinitely. Any such monument should have a set date when it is due to be replaced. I make three arguments to support this principle of non-permanence for public commemorative art. First, the opportunity cost of permanent statues is too high. States have a duty, grounded in their need for legitimacy, to support and cultivate democratic values. Public art is a powerful tool that is being drastically underemployed because existing statues are (...) already taking up so many prominent sites. Second, permanence undermines stability by unnecessarily raising the stakes of change and so exacerbating predictable tensions between social groups who ought to be able to respect one another as honourable civic partners. My proposal reduces the significance of replacing a monument by making removals a commonplace event. Third, we ought to do away with permanent statues as a means of increasing democratic control for both current and future generations over public spaces. Each generation inherits a more cluttered civic landscape which makes it progressively more difficult to shape it in accordance with their needs, preferences, and cultural vocabulary. Taken together, these arguments tip the balance of reasons decisively against the status quo. (shrink)

In this paper, two claims are made. The main claim is that a fruitful approach for theorizing the political legitimacy of global governance and the proper normative role of civil society actors is the so-called ‘function-sensitive’ approach. The underlying idea of this approach is that the demands of legitimacy may vary depending on function and the relationship between functions. Within this function-sensitive framework, six functions in global governance are analyzed and six principles of legitimacy defended, together constituting a minimalist account (...) of political legitimacy. This account suggests that civil society actors may strengthen political legitimacy by performing five of these functions under certain conditions and insofar as the proposed normative political principles are fulfilled: problem identification, agenda-setting, implementation, enforcement and monitoring, and evaluation. The second claim is critical and is chiselled out against the backdrop of this function-sensitive account, through which I demonstrate that much vagueness and confusion with regard to the proper role of civil society actors for strengthening the political legitimacy of global governance could be traced to the so-called ‘transmission belt’ model, which has gained popularity in international political theory. This model depicts civil society as a transmission belt between the public sphere and decision-making loci, where it is assumed that civil society actors contribute to the strengthening of political legitimacy by transmitting peoples’ preferences, beliefs, and opinions from the former to the latter space by indirectly or directly influencing the decision-making. It is argued that this picture is misleading and generates erroneous prescriptions of how civil society actors should act to increase political legitimacy. (shrink)