According to an often repeated definition, economics is the science of individual choices and their consequences. The emphasis on choice is often used – implicitly or explicitly – to mark a contrast between markets and the state: While the price mechanism in well-functioning markets preserves freedom of choice and still efficiently coordinates individual actions, the state has to rely to some degree on coercion to coordinate individual actions. Since coercion should not be used arbitrarily, coordination by the state needs to (...) be legitimized by the consent of its citizens. The emphasis in economic theory on freedom of choice in the market sphere suggests that legitimization in the market sphere is “automatic” and that markets can thus avoid the typical legitimization problem of the state. In this paper, I shall question the alleged dichotomy between legitimization in the market and in the state. I shall argue that it is the result of a conflation of choice and consent in economics and show how an independent concept of consent makes the need for legitimization of market transactions visible. Footnotes1 For helpful comments and suggestions I am most grateful to Marc Fleurbaey, Alain Marciano, Herlinde Pauer-Studer, Thomas Pogge, Hans Bernhard Schmid, to seminar or conference participants in Aix-Marseille, Tutzing, Paris, and Amsterdam, and to two anonymous referees. (shrink)

A number of phenomena have lent a new complexity to the long-standing challenge of constructing a legitimate and stable political order. I contend that both legitimacy and integration under contemporary conditions ultimately hinge upon a form of public practical reasoning that departs considerably from the ones proposed by John Rawls, Jürgen Habermas and several deliberative democrats. I argue that the generalizability test that constitutes the cornerstone of most contemporary neo-Kantian theories of public reason should be abandoned as a rule of (...) public argumentation and be replaced by a norm of civic responsiveness towards minority claims. I not only suggest that a wider variety of reasons, motives and genres of speech needs to be admitted within the purview of public reason, but more fundamentally that generalizability cannot cogently be seen as anything more (or less) than a civic virtue. The underlying point of this article is that neo-Kantian theories of public reason work with a problematic conception of practical reason. I conclude by providing reasons, against some radical and agonistic democrats, why the language of public reasoning needs to be retained and renovated. Key Words: acknowledgement • agonistic democracy • deliberative democracy • generalizability • Habermas • pluralism • practical reason • public reason • Rawls • social integration. (shrink)

Philosophy & Social Criticism, Ahead of Print. Work on Stanley Cavell in contemporary political theory tends to foreground Cavell’s reading of Emersonian moral perfectionism, but this aspect of Cavell’s thought is often left out of feminist readings of his work. In this paper, I give an overview of Cavell’s importance to political theory, and I also trace two Cavellian-inspired feminisms: Sandra Laugier’s ordinary language inflected ethics of care and Toril Moi’s understanding of feminist theory as the close and careful reading (...) of examples. I argue that Cavellian-Emersonian moral perfectionism enhances these feminist readings of Cavell because it helps us explain certain practices in feminist activism, such as resisting conformity, acknowledging the limits of our understanding and being receptive to other members of our feminist community. (shrink)

Work on Stanley Cavell in contemporary political theory tends to foreground Cavell’s reading of Emersonian moral perfectionism, but this aspect of Cavell’s thought is often left out of feminist rea...

The field comprising both the theory and practice of struggles over recognition developed over the last 50 years in relative independence of the parallel field of deliberative and agonistic democracy. Over the last decade these two fields, in both theory and practice, have merged because courts, legislatures, ministries and rival armies around the world have often turned the reconciliation of struggles over recognition over to various institutions and practices of negotiation and deliberation. The result is the emergence of a new (...) hybrid field of recognition and dialogue. This paper is a critical examination of the emergence and the strengths and weaknesses of this new and important field of politics and law. (shrink)

This essay presents a new way of conceptualizing the problem of political obligation. On the traditional ‘normativist’ framing of the issue, the primary task for theory is to secure the content and justification of political obligations, providing practically applicable moral knowledge. This paper develops an alternative, ‘pragmatist’ framing of the issue, by rehabilitating a frequently misunderstood essay by Hanna Pitkin and by recasting her argument in terms of the ‘pragmatic turn’ in recent philosophy, as articulated by Robert Brandom. From this (...) perspective, the content and justification of political obligations cannot be determined in a way that is in principle separable from their application. This casts ‘political obligation’ not as a problem to be philosophically resolved, but as a political predicament that calls for a kind of practical engagement. The merit of this perspective is to draw our attention toward the conditions under which the problem appears as a lived predicament. (shrink)

This article addresses the question of how, if at all, citizens can sustain an effective sense of political belonging without sacrificing other sources of ethical identity. We begin with a critical analysis of Rousseau's classic considerations of politics and religion, which concludes that membership of a sub-political ethical community is incompatible with an effective sense of political belonging. This critique leads us to a consideration of the basic character of contemporary constitutional-democratic polities (drawing on the work of James Tully) and (...) of Waldron's account of the circumstances of politics. These considerations are developed into the claim that we can identify two sources of political belonging: recognition and acknowledgement - which correspond to two aspects of democratic citizenship: as status and as mode of being. On the basis of this claim, we argue that an effective sense of political belonging can be compatible with membership of sub-political ethical communities iff members of the political community are characterised by the majoritarian virtue of civic responsiveness and the minoritarian virtue of civic endurance. We sketch the character of these virtues and the relationship to one another in arguing that only the widespread presence of both kinds of virtue is sufficient to secure citizens' confidence in the polity and hence its stability. (shrink)