Opponents of compulsory voting often allege that it violates a ‘right not to vote’. This paper seeks to clarify and defend such a right against its critics. First, I propose that this right must be understood as a Hohfeldian claim against being compelled to vote, rather than as a mere privilege to abstain. So construed, the right not to vote is compatible with a duty to vote, so arguments for a duty to vote do not refute the existence of such (...) a right. The right against compulsion is most easily defended within a liberal framework, hence its critics often appeal instead to a republican conception of freedom. In the latter part of the paper, I argue that even these republican arguments are inconclusive. Even non-dominating interference still conditions freedom, which may require justification. Further, citizens can live up to republican ideals, so long as they are vigilant; they need not actually vote. Thus, republican arguments fail to refute a right not to vote. (shrink)

Taken as a model for how groups should make collective judgments and decisions, the ideal of deliberative democracy is inherently ambiguous. Consider the idealised case where it is agreed on all sides that a certain conclusion should be endorsed if and only if certain premises are admitted. Does deliberative democracy recommend that members of the group debate the premises and then individually vote, in the light of that debate, on whether or not to support the conclusion? Or does it recommend (...) that members individually vote on the premises, and then let their commitment to the conclusion be settled by whether or not the group endorses the required premises? Is deliberative democracy to enforce the discipline of reason at the individual level, as in the first possibility, or at the collective level, as in the second? (shrink)

Taken as a model for how groups should make collective judgments and decisions, the ideal of deliberative democracy is inherently ambiguous. Consider the idealised case where it is agreed on all sides that a certain conclusion should be endorsed if and only if certain premises are admitted. Does deliberative democracy recommend that members of the group debate the premises and then individually vote, in the light of that debate, on whether or not to support the conclusion? Or does it recommend (...) that members individually vote on the premises, and then let their commitment to the conclusion be settled by whether or not the group endorses the required premises? Deliberative-democratic theory has not addressed this issue, and this is a problem. The discursive dilemma of my title--a generalisation of the doctrinal paradox from analytical jurisprudence--shows that the procedures distinguished can come apart. Thus deliberative democrats must make up their minds on where they stand in relation to the issue; they cannot sit on the fence. This paper is an attempt to address the issue and look at the grounds on which it may be resolved. (shrink)

Standard rationales for the illegality of markets in votes are based on concerns over the undue influence of wealth and the erosion of civic responsibility that would result from the commodification of votes. I present an alternative rationale based on how the mere alienability of votes alters the strategic setting faced by political actors. The inalienability of votes ensure the strict secrecy of voting, that is, the inability of voters to communicate credibly to others the content of their votes. In (...) doing so, it diminishes the credibility of all political actors’ clientelistic promises to reciprocate. By drastically reducing the transaction costs of vote exchanges, the legality of markets in votes would thus exacerbate the detrimental effects of political clientelism on the quality of democratic governments. (shrink)

Political institutions can be transparent or secret. If they are transparent, then we have access to information about how agents act within them. If they are secret, then we do not have access to this information. The presence and extent of transparency has tremendous impact on how political institutions function. The purpose of this article is to offer a brief overview of what political philosophers have thus far had to say about transparency as it pertains to political institutions. In doing (...) so, I hope to connect philosophical questions about transparency to relevant social scientific work and to highlight areas where more work needs to be done. (shrink)

This article considers Dworkin's influential argument against legislative intent in chapter 9 of Law's Empire. The argument proves much less than is often assumed for it fails to address the possibility that the institution of the legislature may form and act on intentions. Indeed, analysis of Dworkin's argument lends support to that possibility. Dworkin aims to refute legislative intent in order to elucidate his own theory of statutory interpretation. That theory fails to explain plausibly legislative action. Dworkin's argument does not (...) refute legislative intent but instead suggests there is reason to think that the legislature is capable of intentional action. (shrink)

In this paper, I argue that universities ought to account for the diverse conceptions of the good employed by their students. The complex nature of the good of education, which has both instrumental and intrinsic aspects, means that the modern university should be impartial between students who consume this good for itself or as a means towards more fulfilling goals. The discussion on the intrinsic nature of education follows the line of the Humboldtian perspective. The instrumental benefits considered are the (...) better democratic outcomes reached by having an educated population, the autonomy-facilitating character of higher education and the improvement of marketable skills. I put forward the view that achieving a balance between satisfying the needs of students valuing education intrinsically and those of students valuing it instrumentally is a strategy that should be employed by universities if they aim at regaining their imperiled legitimacy. (shrink)

The notion of a spontaneous social order, an order in human affairs which operates without the intervention of any directly ordering mind, has a natural fascination for social and political theorists. This paper provides a taxonomy under which there are two broadly contrasting sorts of spontaneous social order. One is the familiar invisible hand; the other is an arrangement that we describe as the intangible hand. The paper is designed to serve two main purposes. First, to provide a pure account (...) of the invisible hand, with some indication of the varieties of invisible hand (and, indeed, backhand) available. Second, to develop and motivate the unfamiliar conception of the intangible backhand. We believe that a recognition of the availability of this latter sort of spontaneous organising mechanism — and the mechanism is implicitly recognised in many traditions — is of great importance in political theory; it is of particular importance nowadays when the usual focus is entirely on the invisible hand. (shrink)

Jonathan Aldred shares our desire to promote a reconciliation between social choice theory and deliberative democracy in the interests of a more comprehensive and compelling account of democracy.1 His comments on some details of our analysis – specifically, our use of Arrow’s conditions of universal domain and independence of irrelevant alternatives – give us an opportunity to clarify our position. His discussion of the independence condition in particular identifies some ambiguity in our exposition, and as such is useful. We are (...) less impressed by the way Aldred characterizes the overall terms of the reconciliation we propose. We believe that his argument on this matter should be resisted because it provides deliberative democrats with a bad excuse to dismiss social choice theory altogether, which is surely not what he intends. (shrink)

One of the hallmark themes of Karl Popper’s approach to the social sciences was the insistence that when social scientists are members of the society they study, then they are liable to affect that society. In particular, they are liable to affect it in such a way that the claims they make lose their validity. “The interaction between the scientist’s pronouncements and social life almost invariably creates situations in which we have not only to consider the truth of such pronouncements, (...) but also their actual influence on future developments. The social scientist may be striving to find the truth; but, at the same time, he must always be exerting a definite influence upon society. The very fact that his pronouncements do exert an influence destroys their objectivity.” (Popper 1963. (shrink)

The two most influential traditions of contemporary theorizing about democracy, social choice theory and deliberative democracy, are generally thought to be at loggerheads, in that the former demonstrates the impossibility, instability or meaninglessness of the rational collective outcomes sought by the latter. We argue that the two traditions can be reconciled. After expounding the central Arrow and Gibbard-Satterthwaite impossibility results, we reassess their implications, identifying the conditions under which meaningful democratic decision making is possible. We argue that deliberation can promote (...) these conditions, and hence that social choice theory suggests not that democratic decision making is impossible, but rather that democracy must have a deliberative aspect. (shrink)