The debate about global distributive justice is characterized by an often stark opposition between universalistic approaches, advocating an egalitarian global redistribution of wealth (Beitz, Pogge, Barry, Tan), and particularistic positions, aiming to justify a restriction of redistribution to the domestic community (D. Miller, R. Miller, Blake, Nagel, Rawls). I argue that an approach starting from the deliberative model of democracy (Habermas) can overcome this opposition. On the one hand, the increasingly global scope of economic interactions implies that the range of (...) individuals concerned with the redistribution of wealth should also be increasingly universal. On the other hand, the need for democratic deliberation refers to the fact that demands of justice should be contextual and should take into account the particular circumstances, needs and values of the people concerned. Both concerns can be realized simultaneously only within a multi-layered democratic system in which redistribution is a concern at the domestic, the international and the global level. (shrink)

An analysis of the epistemological structure of democratic deliberation as a procedure in which legal norms are constructed reveals that deliberation combines procedural and substantive aspects in a unique and inextricable manner. The co-original recognition of the private and public autonomy of all citizens provides the substantive critical standard against which the justice of norms is measured. At the same time, such recognition requires that the particular needs and values of all people concerned be taken into account. Given the privileged (...) epistemic access people have to their own particular perspective, this requirement implies the ineliminability of actual deliberative procedures. The open-ended nature of these constructive procedures is partly due to the fact that the rules of the procedure are counterfactual and themselves subject to interpretation. More importantly, it also reflects the historical nature of our human world and the freedom of moral persons to shape and reshape their preferences. (shrink)

In this article I confront Jürgen Habermas' deliberative model of democracy with Claude Lefort's analysis of democracy as a regime in which the locus of power remains an empty place. This confrontation reveals several structural similarities between the two authors and explains how the proceduralization of popular sovereignty provides a discourse-theoretical interpretation of the empty place of power. At the same time, Lefort's insistence on the open-ended nature of the democratic struggle also points towards an unresolved tension at the core (...) of Habermas' model between the cognitive nature of deliberation on the one hand and the freedom of moral and political agents on the other. A proper solution of this tension requires a full appreciation of the ineliminable gap between actual and ideal deliberation. Because actual deliberation can never result in an ideal consensus, the actual exercise of democratic power should be understood as an unavoidable interruption of deliberation. Key Words: consensus • deliberation • democracy • empty place of power • Jürgen Habermas • Claude Lefort. (shrink)

This article provides a normative framework for evaluating the moral permissibility of various defences of European Union (EU) values against their violation in EU member states. This requires, first, a coherent interpretation of EU values as the values of liberal democracy; second, a clear notion of when they are violated; third, a theory of how liberal democracy can be defended with measures that are consistent with the values of liberal democracy themselves; and, finally, a discussion of what the EU’s role (...) is in this defence. The article argues that it would be permissible for the EU to combine a number of political, cultural, socio-economic and legal responses in a concentric defence of liberal democracy as long as they respect the separation of powers doctrine and do not rely on problematic notions of collective responsibility. (shrink)

Recent debates in political theory display a renewed interest in the problem of judgment. This article critically examines the different senses of judgment that are at play in Jürgen Habermas’ theory of law. The article offers a new critical reading of Habermas’ account of the legitimacy of law, and a revisionary interpretation of the reconstructive approach to political theory that underpins it. Both of these are instrumental to an understanding of what is involved in judging the legitimacy of law that (...) is richer than has been recognized thus far by both critics and defenders of Habermas. (shrink)