The philosophical debate on the freedom of movement focuses almost exclusively on long-term migration, what I call, migration as settlement. The normative justifications defending border controls assume that the movement of people across political borders, independent of its purpose and the length of stay, refers to migration as settlement. “Global mobility,” “international movement,” and “immigration” are oftenused interchangeably. However, global mobility also refers to the movements of people across international borders for a short length of time such as travel, short-term (...) and circular migration. While most scholarly attention has focused on long-term migration, the vast majority of cross-border movement of people (approximately 85% of all cross-border movements in 2019) is short-term. The existing literature offers normative arguments for border controls, which are grounded on states’ right to self-determination, the freedom of (dis)association, the welfare state, the duty to compatriots, and brain drain. In this paper, I argue that these arguments do not justify excluding travelers, short-term and circular migrants from the territory. (shrink)

John Rawls’s political liberalism demands that reasonable citizens comply with the duty of civility, which limits the justification of state action to public reasons. However, many religious citizens in liberal democratic societies reject the exclusion of religious reasons from public debate. What can be done to encourage these citizens to endorse public reason? Rawls proposes the idea of reasoning from conjecture (RC), i.e. directly engaging with someone’s comprehensive doctrine and showing them that such a doctrine actually supports public reason. In (...) this article, we argue that reasoning from conjecture faces serious objections and that interfaith dialogue (ID) provides a better and more effective tool to encourage religious citizens to endorse public reason. More specifically, ID provides support to public reason by (i) relying on the principles of equality, sincerity and self-criticism, which are also central to public reason; (ii) leading participants to de-parochialize religion; and (iii) promoting tolerance. Moreover, ID avoids the main objections faced by RC, which undermine the latter’s morality and effectiveness. (shrink)

This article argues that current attempts to demonstrate the plausibility of democratic procedures’ tendency to produce good/wise/better outcomes at least partially fail. The examples given, while suggestive of a power in group decision-making, rarely reference anything resembling an actual political problem. The reason the examples do not do the work purveyors of them think they do, is that political problems seem much more complicated than the examples suggest. The author goes on to contend that a more productive strategy is to (...) embrace the complexity of political problems and think through which dimensions of complexity invite democratic and epistemic opportunities. As such, the author closes by suggesting there are three significant dimensions of political problems, and only in some cases do those problems lend themselves to a democratic procedure producing a wiser/better outcome. Epistemic reliability therefore depends on the kind of problem a democratic procedure is attempting to solve. (shrink)

This article has an analytical and a constructive aim. The former consists in providing a taxonomy of the different ways progress can be defined, according to two variables: whether progress is conceived of in either a teleological or a processual way, and whether it relies on either a realist or a moralist approach to political normativity. After laying out the four resulting combinations, I proceed with the critical aim. This consists in proposing an argument for how political progress should be (...) conceived of. To do so, I first show that some teleological accounts of progress paradoxically risk being conservative, while processual ones are politically progressive and should therefore be privileged over the former. Second, and relatedly, I shed light on which are the standards for a genuinely progressive notion of political progress. Finally, I argue that a processual realist notion of political progress is more able than the rival conceptions to comply with these standards. (shrink)

Cities are large and densely populated areas, a fact that can influence how individuals relate to each other. However, the intensity and dynamism of cities make them a site for particular kinds of divisions, which may produce inequalities. This is visible through residential segregation, which is the territorial division of groups into largely homogeneous areas correlated with socio-economic disparities and individuals’ negative perceptions of otherness. At the very least, residential segregation delimits what some can get from cities in terms of (...) accessing resources and respectful treatment. According to Elizabeth Anderson, it is necessary from a normative perspective to remedy residential segregation with integration. Drawing on her approach, I put forward a relational egalitarian diagnosis, as well as an integrationist project, to help foster mutual respect between city dwellers. In order to operationalise this normative demand, but in a way distinct from Anderson’s project, I explore what is lost when integration focuses only on physical changes, overlooking role divisions in cities and a fair participatory process for achieving equality. (shrink)

This paper presents a critique of left republican writings from a non-republican socialist standpoint. It examines three claims that have been advanced by left republican authors: that workers are dominated 1) by their lack of access to the means of production; 2) by the market; and 3) by their employer. With regard to 1) and 2), it argues that alternative conceptions of freedom can identify the unfreedom in question, and that there are good reasons for pressing these complaints on the (...) basis of these alternative conceptions. With regard to 3), it argues that, while alternative conceptions of freedom may be able to identify the unfreedom in question, republican freedom provides a more suitable basis for pressing this claim. It concludes that while left republicans have shown that socialists have reason to care about republican freedom, they have not shown that socialists should adopt republican freedom at the expense of other conceptions of freedom. (shrink)

Some authors have suggested that the All Affected Interests Principle, an influential principle of political inclusion, requires that animals have their interests politically represented. In this paper, I provide a systematic formulation, assessment, and defense of this argument, and suggest a middle way between two strategies found in the literature. On the one hand, I argue that applying the All Affected Interests to animals inevitably requires that we make some (potentially controversial) assumptions about the weight and scope of animal interests, (...) and cannot remain morally noncommittal. This is because most formulations of the principle do not apply to all interests, but only to those that satisfy a relevancy test – which requires first-order moral reasoning. On the other hand, I also contend that one can defend some substantive claims about the inclusion of animals via the All Affected Interests Principle without having to endorse a comprehensive account of animal rights, or a theory about the worth of natural entities. For the All Affected Interests Principle to apply to animals, all that we need are instances of normatively relevant interests systematically affected by political decisions. The interest of mammals in avoiding pain and suffering, I contend, provides such an example. (shrink)

Democratic backsliding and autocratisation tendencies raise the question of what liberal democracy can do to defend itself. Of particular concern are populists, who are often perceived to have an ambiguous commitment to the principles of liberal democracy. The defence of liberal democracy has often been conceived in legal terms, for example, with party bans and propaganda restrictions. However, legal means are criticized for being elitist because they are directed against irrational and emotionally driven masses and because they allegedly violate the (...) very values that they are supposed to protect by limiting the democratic freedom of some groups. Instead, critics have proposed cultural and socio-economic means as non-elitist and non-exclusionary alternatives more in line with the values of democracy. This article discusses whether the employment of cultural and socio-economic means against groups – in casu populists – who are perceived as a challenge to liberal democracy can avoid the charge of elitism and exclusion by analysing whether these means are consistent with the publicity constraint. It finds that the use of education and money to defend democracy against such groups relies on a form of elitism and exclusion similar to the one that the defence by legal means is charged with. (shrink)

Can recognition theories distinguish legitimate from illegitimate claims to recognition put forward by social movements? This paper identifies an under-theorised problem of recognition theories: in viewing struggles for recognition as a force for social progress in the mould of the New Social Movements of the 1960s and 1970s, existing accounts have trouble identifying and ruling out illegitimate claims to recognition as formulated by contemporary counter-movements like white supremacists or men’s rights activists. I refer to this issue as the symmetry problem (...) of recognition since it amounts to difficulties in identifying grounds for excluding illegitimate claims to recognition that do not also symmetrically justify the exclusion of legitimate ones (and vice versa). I argue that criteria for telling apart legitimate from illegitimate claims to recognition need to include interpretation issues as a dimension of analysis, which consequently requires incorporating democratic deliberation as a necessary component of recognition theory. (shrink)

Focusing on the contemporary US context, this article examines the ethical quandaries raised by partisan gerrymandering, where constituency boundaries are manipulated for electoral benefit. More specifically, it will examine the ethics of retaliatory gerrymandering. Though gerrymandering cannot be defended as a political practice by any agent who assigns intrinsic value to democracy, it might be justified as a ‘dirty hands’ (DH) practice, where it is all-things-considered justified as a lesser evil that still leaves a moral residue. However, it does not (...) work as a standard DH problem, as the stakes of gerrymandering are usually less extreme and the causes more structural, making the usual language of DH a poor fit. The core moral intuition behind DH, of doing wrong to do right, is still appropriate, but is best understood within the context of retaliation. When others set the terms of the competition to make a practice such as gerrymandering essential for political victory, a proportionate use of these practices might be necessary to compete. (shrink)

The article examines whether realist theory should adopt a philosophical anarchist position concerning political obligation. The conclusions are mixed. Drawing on a distinction between strong and weak theories of political obligation (in the terminology of the paper, strong theories are committed to morality-based theorizing while weak theories depart from it), the article argues that philosophical anarchism and realist theory are natural allies against strong theories of political obligation but they must part company when it comes to weak theories because it (...) is exactly their departure from morality-based theorizing that can make weak theories especially appealing to realists. In addition, two further objections can be raised against philosophical anarchism on realist grounds: first, philosophical anarchists are drawn to undesirably sweeping conclusions about the non-existence of legitimate political authority or the extreme scarcity of genuine political relations by their Kantian or Lockean background assumptions and, second, Simmons seems to have an implicit weak theory of political obligation which could be, ironically, much more appealing to realists than his overall Lockean anarchism or his sweeping criticism of weak theories. All in all, can a realist be an anarchist? Probably, but definitely not on philosophical anarchist grounds. (shrink)

The extent of our duties to mitigate climate change is commonly conceptualized in terms of temperature goals like the 1.5°C and the 2°C target and corresponding emissions budgets. While I do acknowledge the political advantages of any framework that is relatively easy to understand, I argue that this particular framework does not capture the true extent of our mitigation duties. Instead I argue for a more differentiated approach that is based on the well-known distinction between subsistence and luxury emissions. At (...) the heart of this approach lies the argument that we have no budget of substantial, net-positive luxury emissions left. In a world in which dangerous climate change has begun, we must expect all further substantial, net-positive luxury emissions to cause harm. Since they lack the kind of justification needed for them to be nevertheless permissible, I conclude that we must stop emitting them with immediate effect. I also briefly discuss the difficult case of subsistence emissions and offer some first thoughts on the morality of a third category of emissions, what I call ‘transition emissions’. (shrink)

Within the small literature on homelessness in political philosophy, freedom-based accounts loom large. Such accounts, however, give rise to minimalism concerns: concerns that these accounts are too modest in what they demand for those who are homeless, particularly when homelessness is considered in the context of wealthier countries. In this paper, I consider the success of minimalism charges against freedom-based accounts of homelessness. I argue that whilst such charges are aptly levelled against two major freedom-based accounts, from Jeremy Waldron and (...) Christopher Essert, a third account can evade or respond to such charges. This is the autonomy-based account of homelessness. Although the autonomy-based account has come in for significant recent criticism on grounds of minimalism, I argue that properly understood and developed, it has the resources to ground a plausible account of homelessness. (shrink)

This article discusses whether it is rational and valuable to have hope in the face of the climate crisis. The aim is to explore a distinctive Kantian perspective characterized by three main elements. First, hope is not seen primarily as a means of sustaining action, but action is viewed as a condition for rational hope. Second, the value of certain ‘fundamental’ hopes is not merely instrumental but derives from their constitutive role in our practical identity. Here, I focus on Kantian (...) hope in the compatibility of our fundamental ends, happiness and morality. Third, the rationality of such a hope presupposes trust – in particular, trust that our conceptions of morality and the good life are sufficiently flexible to adapt to drastically new circumstances. (shrink)

The hope for a better future can, and frequently does, motivate political action. Political hope is therefore often considered a positive force. However, not all forms of political hope are beneficial. Some scholars and activists claim that some kinds of hope also function as an ideology. I argue that we can give a precise meaning to the notion of ‘ideological hope,’ and I argue that to say of a given instance of hope that it is ‘ideological’ means more than that (...) it is irrational or immoral. I distinguish two forms of ideological hope: forms where the ideological nature of hope derives from underlying ideological beliefs and judgments, and structural forms. The case of structurally ideological hope shows that even the rational hopes of political agents can undermine their purposes by binding them to distorted political self-understandings. (shrink)

The suggestion that individuals should be considered disadvantaged, and consequently entitled to compensation, only if they consider themselves disadvantaged (Dworkin’s ‘continuity test’) is initially appealing. However, it also faces problems. First, if individuals are routinely mistaken, then we routinely fail to assist the deserving. Second, if individuals assess their circumstances differently then the state will provide different levels of assistance to people in identical situations. Thus, should we instead ignore individuals’ convictions and provide assistance that some, at least, do not (...) feel they need? One set of cases where this dilemma is salient are those in which disabled individuals disagree over whether they are disadvantaged. Focussing on these, I argue that despite objections, individuals should have a voice in determining whether they are disadvantaged. However, I contend that our goal should not be ensuring continuity with individuals’ ethical convictions (concerning the pursuits they deem worthwhile or valuable), but their convictions regarding whether they are relevantly disadvantaged (whether they have what they are entitled to). (shrink)

Artificial Intelligence (AI) is predicted to have a deep impact on the future of work and employment. The paper outlines a normative framework to understand and protect human freedom and justice in this transition. The proposed framework is based on four main ideas: going beyond the idea of a Basic Income to compensate the losers in the transition towards AI-driven work, towards a Responsible Innovation approach, in which the development of AI technologies is governed by an inclusive and deliberate societal (...) judgment; going beyond a philosophical conceptualisation of social justice only focused on the distribution of ‘primary goods’, towards one focused on the different goals, values, and virtues of various social practices (Walzer’s ‘spheres of justice’) and the different individual capabilities of persons (Sen’s ‘capabilities’); going beyond a classical understanding of capital, towards one explicitly including mental capacities as a source of value for AI-driven activities. In an effort to promote an interdisciplinary approach, the paper combines political and economic theories of freedom, justice and capital with recent approaches in applied ethics of technology, and starts applying its normative framework to some concrete example of AI-based systems: healthcare robotics, ‘citizen science’, social media and platform economy. (shrink)

Traditional concepts of legitimacy that often focus on a right to exercise coercion or a right to create moral obligations are not applicable to many political institutions. In particular, many global governance institutions rely on ways of providing governance that do not involve coercion or the creation of moral obligations. That is why this paper develops a novel concept of legitimacy as the right to function. This more general concept of legitimacy is able to help us make sense of many (...) references to the term `legitimacy´ in academic or practical-political debates that cannot be explained by traditional concepts of legitimacy. In addition, the use of the concept of legitimacy as the right to function opens up the conceptual space to accommodate important insights with respect to the normative criteria of legitimacy in global governance. For instance, as global governance institutions fulfil very different functions it is plausible that the criteria of legitimacy for different global governance institutions are not the same because in judgments concerning their legitimacy different rights are at stake. (shrink)

In this paper, I defend the claim that addressing dominating ontologies is crucial for achieving Indigenous self-determination. Consequently, the struggle for Indigenous self-determination comprises not only an engagement with political practices, structures, and institutions, but also with political ontology. I first argue that implementing Indigenous self-determination requires an engagement with political ontology. I then introduce Iris Young’s conception of self-determination as non-domination as a way to engage with diverging ontologies within the political framework of federalism. In the final section of (...) the paper, I present two constructive proposals concerning how Indigenous peoples and settler states can establish an ontology at the federal level that facilitates Indigenous self-determination. (shrink)

This paper attempts to demonstrate that bottom-up popular vote processes (the optional referendum and citizens’ initiative) focused on ordinary legislation can help to improve democratic self-government by uniquely facilitating the development and expression of various forms of political agency. Most significantly, it is argued that such popular vote processes can be designed in ways that endow them with significant deliberative credentials. Methodologically, the paper employs Mark E. Warren’s problem-based approach to democratic theory, which provides the conceptual tools necessary to advance (...) a) a novel case for recovering popular vote processes as a valid institutional toolkit for exploration by democratic theory and b) an empirically informed set of best practices that can provide critical resources for normatively scrutinizing existing institutionalizations of bottom-up popular vote processes across the world. (shrink)

I assess a justification for the granting of transitional amnesties conditional, at the minimum, upon full disclosure of wrongdoing by perpetrators. According to this rationale, such amnesties are morally legitimate because they foster restorative justice. I distinguish between two conceptions of restorative justice that I call the punishment-deprioritizing and punishment-prescribing conceptions. I argue that while conditional amnesties granted to perpetrators of minor offences conditional upon full disclosure, verbal apology and reparations could promote restorative justice well enough to justify them in (...) the eyes of adherents of the punishment-deprioritizing conception, conditional amnesties in favour of perpetrators of serious human rights abuses, because they are unlikely ever to be conditional upon perpetrators’ carrying out burdensome reparations, are likely to promote restorative justice on the punishment-deprioritizing conception only to a limited extent and not enough to justify them from the standpoint of adherents to this conception. Conditional amnesties, I contend, cannot ever promote restorative justice on the punishment-prescribing conception because it holds that punishment is indispensable for the achievement of the aims of restorative justice and amnesties exempt perpetrators from criminal punishment. (shrink)

The nature of state governance in consolidated liberal democracies has important implications for the ideal theory debate. The states of these societies are polycentric. Decision-making power within them is disaggregated across multiple sites. This rules out one major justification for ideal theory. On this influential view, the ideal furnishes a blueprint of the morally perfect society that we should strive to realise. This justification is not viable in consolidated liberal democracies because their states lack an Archimedean point from which the (...) institutional structure as a whole can be designed to accord with the true ideal – whichever it might be. However, knowledge of the ideal can still aid agents in those societies to determine the worth of more modest political objectives other than the ideal itself. (shrink)

It is widely assumed that severe mental disabilities prevent relevant deliberative capacities from developing or persisting. Accordingly, excluding many people with mental disabilities from discourse practices seems justified. Against this common assumption I wish to show that the general exclusion is not justified and amounts to a form of epistemic injustice, as theorised by Miranda Fricker. The received norm of capable deliberators is connected to a specific model of deliberation. I introduce an alternative model of deliberation, which I dub the (...) joint effort model. According to this model, people with minority minds (as I call them) add valuable cognitive diversity to the process of deliberation, which is a relevant element of epistemic improvement. In this part of the argument I rely on empirically informed theoretical work by Hélène Landemore. I scrutinise the minimal requirements of capable deliberators from the perspective of a joint effort model of deliberation, and I highlight specific beneficial contributions people with minority minds can make to discourse practices. I will argue that people with minority minds can be presumptively deemed capable deliberators and that therefore their general exclusion is unjustified. (shrink)

Political philosophy has long treated the nation-state as the starting point for normative inquiry, while paying little attention to the ongoing legacies of colonialism and imperialism. But given how most modern states emerged, normative discussions about migration, for example, need to engage with the colonial and imperial history of state immigration controls, citizenship practices, and the nation-state more generally. This article critically reviews three historical studies by Adom Getachew, Radhika Mongia, and Nandita Sharma that engage in depth with this history. (...) The studies historicize concepts that are central to discussions in political philosophy: the categories of citizen and migrant, the concept of ‘nationality,’ and the principle of self-determination. I argue that this historicized form of conceptual analysis helps us challenge the default authority of concepts that are deeply embedded in the political structures that we inhabit. (shrink)

Should refugees govern refugee camps? This paper argues that they should. It draws on normative political thought in consulting the all-subjected principle and an instrumental defense of democratic rule. The former holds that all those subjected to rule in a political unit should have a say in such rule. Through analyzing the conditions that pertain in refugee camps, the paper demonstrates that the all-subjected principle applies there, too. Refugee camps have developed as near distinct entities from their host states. They (...) have formed their own economic, legal and even political systems within which refugees are subjected to political rule. The paper then demonstrates that democratic rule should be preferred over any other decision-making procedure. No amount of experts can replace the institutions that would lead to the accountability of decision-makers and to the incorporation of refugees as situated and epistemically diverse knowers of the problems they face and the solutions that would work best. (shrink)

The paper argues that there are resources within theories of corrective justice to make the case against the deportation of immigrants, including those accused of committing criminal actions. More specifically, the argument defended here is that a nation acts impermissibly by deporting criminal immigrants who belong to countries that the nation itself wronged in a manner that contributed to create the migratory flow that led the immigrants in question there. In that case, admission and, equally important, permanent residence in the (...) host nation must be understood as a form of compensation for past wrongs, the interruption of which represents a breach of its duties of rectification, and is therefore unjust. Put in slightly different terms, some migrants have a retributive right-claim against their host state (which they may or may not exercise) to be admitted into the host state and not be deported. (shrink)

There is an abiding scepticism in normative theory that individual responsibility for global injustice lies outside commonsense moral thought because it is not grounded in an intuitive conception of human agency. Despite the grim realities of injustice in an interconnected world, this scepticism holds that human beings cannot properly internalise a nonrestrictive view of responsibility because it cuts against their experience of agency in the world. Against this view, this article argues that individual responsibility for the realisation of global justice (...) is supported by a pervasive, and socio-politically influenced, feature of the phenomenology of agency: moral imagination. Moral imagination connects actions which are within the domain of an ordinary life to larger projects of social and political change. Since there is no compelling reason for the scope of those projects to be restricted, there is an accessible understanding and experience of the phenomenology of agency which grounds individual global responsibility in the real world. I call this a dynamic phenomenology of agency. (shrink)

Sufficientarian theories of distributive justice are often considered to be vulnerable to the ‘blindness to inequality and other values objection’. This objection targets their commitment to holding the moral irrelevance of requirements of justice above absolute thresholds of advantage, making them insufficiently sensitive to egalitarian moral concerns that do have relevance for justice. This paper explores how sufficientarians could reply to this objection. Particularly, I claim that, if we accept that the force of the aforementioned objection comes from relational, and (...) not distributive, inequalities, different strategies are open for sufficientarians in order to be sensitive to these concerns. Drawing on recent literature about the relation between distributive and relational egalitarianism, and the possibility of reducing one to the other, strategies of ‘internalizing’ and ‘externalizing’ relational egalitarian concerns to a distributive sufficientarian framework are explored. In turn, I suggest that both strategies fail in their standard versions, but argue that a particular ‘hybrid view’ about justice is an attractive candidate for the sufficientarian theorist. (shrink)

While there has been considerable philosophical attention given to injustices surrounding work, there has been much less on those injustices that pertain specifically to workers’ commutes. In this paper, I argue that commutes are important parts of people’s working lives, and thus deserve attention as sites of potentially considerable injustice. I evaluate commutes in terms of their impact on people’s work, their rest, the control they exercise over their lives outside of work, and their ability to meet the demands of (...) democratic citizenship. In the second half, I offer some proposals that could reform commuting, while recognizing the ways in which commuting injustice is not incidental to structures of contemporary capitalism, especially with regards to housing, but is rather a structural and constitutive feature. As a result, remedying the injustices of the commute might require a more radical restructuring of current modes of urban development. (shrink)

Avia Pasternak’s book makes a significant contribution to our understanding of citizen responsibility for historical wrongs. This review nevertheless offers some scepticism about resting citizen liability exclusively on the idea of intentional participation. It argues that the necessity of the state possessing continuing legal responsibility over time is so intrinsic to the function of statehood that the question of citizen liability should be seen as part of the general theory of political obligation. So seen, fair play duties provide a more (...) plausible general ground for citizen liability, even when adapted to unjust regimes. The model of intentional participation may by contrast harbour a muted connection between the ideas of blameworthiness and responsibility that the book in the main wishes to deny. And the practical problems of resting responsibility on intentional participation alone are substantial. Pasternak’s major contribution, untouched by this critique, is to explain how the special obligations undertaken by intentional citizenship strengthen and extend beyond that more foundational duty of responsible citizens. (shrink)

According to Avia Pasternak, citizens can be held responsible for their state’s wrongdoing if and only if they contribute to maintaining it by acting as intentional participants in its activities. I examine two specific aspects of this general claim. First, I ask whether intentional participation requires that the citizen should accept the state, in the sense of not viewing her membership as unwillingly forced upon her, and conclude that it does not. Second I explore how the claim applies in the (...) case where there has been a discontinuity in the form of the state. I argue that it is not a condition of collective liability today that the predecessor state’s subjects should have been intentional participants at the time at which the wrongdoing occurred. (shrink)

I would first like to extend gratitude to Jinyu Sun, who has put together this symposium, and to all the contributors for their penetrating critiques. In my short response I cannot do justice to al...

Contrary to comparativist critics of ideal theory, I argue that ideal institutions become relevant for issues of nonideal theory through their role as part of the ideal guidance approach (IGA). So far, the most important argument against the IGA has been the second-best argument. However, this argument is only damaging for the IGA under certain conditions: Firstly, when the ideal is not realizable, and, secondly, when the path to the ideal does not contain the second-best world. Since it is an (...) empirical question whether this is the case, the article discusses the empirical relevance of the second-best argument. By employing causal mechanisms identified in the institutionalist literature – path dependence and institutional complementarity – I argue that the IGA actually offers better prospects for the evaluation of nonideal alternatives than the comparative approach. This is, because the latter systematically excludes the information of how an ideal institutional design looks like from consideration. I also discuss and reject the objection that a more comprehensive version of the comparative approach could take these issues into consideration: Such an approach is either epistemically infeasible or very similar to the IGA. (shrink)

This paper seeks to argue that Locke proposes a coherent theory of restorative justice regarding historical crimes. In two cases that he sets out in the Second Treatise, that of the Greek Christians living in the Ottoman Empire and Englishmen living in the wake of William I’s conquest, the preliminary standard of historical redress is whether the descendants of the conquerors and conquered possess equal political rights. Conquered peoples cannot simply be subsumed or annexed into an existing political order. They (...) must have some say in articulating or agreeing to the laws that govern them. In this respect, Locke’s theory of historical redress emphasizes the redemptive power of contract to overcome historical crimes. Furthermore, the disposition a community has to reimagine its body politic, to enfranchise the dispossessed by forming one body of people, speaks to the degree to which historical injustice is likely to occur. (shrink)

Avia Pasternak argues that intentional citizens who are genuine participants of their state should share the liability for state wrongdoings. In real-world states, how prevalent is intentional citizenship? This commentary concerns the application of the theoretical model. I argue that there are two problems with Pasternak’s proposal of testing intentional citizenship in reality. First, the difficulty of distinguishing citizens’ ambiguous internal attitudes towards their citizenship is underestimated. Second, the objective aspect of citizens’ status in society, namely, the way they are (...) treated by their state, is more important than their subjective attitudes, but this aspect is neglected by Pasternak. (shrink)

In this introduction, I provide a brief overview of the main arguments defended by Avia Pasternak in her book, ‘Responsible Citizens, Non-Responsible States’ and summarise the critics she will confront from four political and legal theorists who work in the area of individual citizens’ responsibility for state wrongdoings.

Avia Pasternak’s Responsible Citizens, Irresponsible States makes a case for concluding that ‘intentional citizens’ of states should be held liable, in the sense of being chargeable for remedial costs, when their state has caused wrongful damage to another state. In making this case, the book steers a course between purely ascriptive views that assign liability on the basis of membership alone, and intentionalist views that require a stronger connection with the fault. The exemptions from liability that the book acknowledges, however, (...) may raise questions about its overall case, by implicating more individualized ideas of intention. Even so, the argument may be read as a compelling forward-looking warning about the risks of citizenship. (shrink)

Corporations wield power in today’s economies, and political theories of the corporation argue about the legitimacy conditions of corporate power. This paper argues in favour of a double-fiduciary theory for corporations. Based on a concession theory of markets, it sees all markets as authorized by states (in the name of society), for the purpose of creating economic value, or wealth. Hence corporations, as much as non-incorporated firms, have a fiduciary duty to the state/society to create wealth, in the competitive structure (...) of the market. However, their pursuit of wealth often creates unbalanced relations of power between corporations and their stakeholders, which can at some point be classified as instances of domination. Therefore, corporations need to be subjected to a second fiduciary duty, i.e. not to dominate others in the economy. This duty is also, in the final instance, owed to the state/society. In an era when everyone can incorporate their business, states/societies can be interpreted as having, through corporate law, mandated shareholders as ‘proximate beneficiaries’, to incentivize corporations to create wealth. Now states/societies need to think about how to prevent corporations from dominating others. New mechanisms of accountability towards stakeholders and/or citizens as proximate beneficiaries are needed. Only in this way can corporations be effectively held to account for both of the fiduciary duties which characterize their normative status. (shrink)

The theory of the firm initially developed by Ronald Coase has made explicit the political nature of firms by putting hierarchy at the heart of the economic process. Theories of workplace democracy articulate this intuition in the normative terms of the conditions under which this political power can be legitimate. This paper presents an organizational theory of workplace democracy, and contends that the democratization of firms requires that we take their organizational dimension explicitly into account. It thus construes democracy as (...) an organizational principle and juxtaposes it to market, hierarchy, and norm-compliance as rival principles for the organization of economic activities. Attempts to construe democracy as an organizational principle with unique features in the tradition of transaction-cost economics are discussed before proposing an innovative solution based on an updated version of grid/group cultural theory of politics, adjusted to accommodate the basic requirements of democratic theory. (shrink)

Business actors create and operate in global production networks that bring them in contact with regulatory frameworks across multiple levels and domains. Importantly, they also participate in shaping those regulatory frameworks. But what are the specific interests they pursue in their involvement in regulation? Traditionally, scholars tended to assume that the focus of business actors is primarily on avoiding (stringent) public regulation. Recent developments have highlighted a broader range of business interests, however. Accordingly, this paper investigates business positions on the (...) ascription of duties and rights in regulation, specifically in the fields of due diligence, supply chain liability, and extraterritorial jurisdiction. The paper explores these issues in the context of business regulation in the field of Human Rights, looking at the United Nations Guiding Principles on human rights, their German implementation in the ‘Nationaler Aktionsplan Wirtschaft und Menschenrechte’ and the associated processes, in particular. (shrink)

In this paper I discuss the power of corporations as epistemic agents. Corporations need to hold certain forms of knowledge in order to develop and produce goods and services. Intellectual property is meant to incentivize them to do so, in ways that orient their activities towards the public good. However, corporations often use their knowledge strategically, not only within markets, but also in the processes that set the rules for markets. I discuss various historical examples, including the so-called “tobacco strategy” (...) of creating doubt about scientific evidence, and argue that as long as corporations are set up as profit-oriented entities, it is a dangerous strategy to provide them with too much epistemic power. I suggest various policies for reigning in this form of corporate power, for example regulations on PR activities. I then turn to the power of digital corporations, which is based on their collection and analysis of data. These kinds of companies, and the technologies they use, make the control of corporations as epistemic agents all the more urgent for democratic societies. (shrink)

In recent years, an interdisciplinary debate on the social and political role of business corporations has evolved. With this special issue, we would like to facilitate a comprehensive discussion of three questions that are especially pertinent in that debate: (1) How is the social and political agency of corporations to be understood? (2) How should the power of corporations be analyzed? (3) Under which conditions would the social and political roles of corporations be legitimate? In this introduction to the special (...) issue, we start with a short outline of the debate. In the next step, we provide an overview of the five contributions. We conclude by summarizing what can be learned from those contributions with respect to the three research questions. (shrink)

The impact of large digital corporations on our freedom is often lamented but rarely investigated systematically. This paper aims to fill this desideratum by focusing on the power of social media corporations and the freedom of their users. In order to analyze this relationship, I distinguish two forms of freedom and two corresponding forms of power. Social media corporations extend their users’ freedom of choice by providing many new options. This provision, however, comes with the domination by these corporations because (...) it is based on their power of uncontrolled interference. Users could escape this domination through exit. One reason why they do not choose this option is that they would lose the benefits associated with the network effects provided by social media services. A second reason is that the power of social media corporations runs so deep that they are able to manipulate the autonomous decision-making processes of their users. Users are provided with many new avenues for authentic self-presentation on social media. By using them, however, users need to conform to a web interface that is designed by corporations to undermine self-control. Through these two mechanisms, corporations are able to promote an interest in users to present themselves on their platforms. Insofar as this works, they secure the users’ compliance to their domination through subjectivation. This double conjunction of choice and domination, on the one hand, and autonomy and subjectivation, on the other, makes the case that the very power of corporate social media stems from their intrinsic connection to genuine practices of freedom. (shrink)

Semi-parliamentarism is a compelling design with attractive features, including those discussed by Ganghof, and also its likely tendency to break preference cycles and moderate politics. However, I argue that semi-parliamentarism may be a difficult system to sustain. My contribution concludes with consideration of how such systems might be preserved.

Steffen Ganghof’s book addresses pressing questions in democratic theory and institutional design regarding how to promote effective political inclusion and avoid personalizing power in democratic executives. His model of semi-parliamentarism manages to transform tradeoffs in these areas that were previously thought inescapable, unlocking novel potential for democratic reform.

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.

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)

Steffen Ganghof’s Beyond Presidentialism and Parliamentarism can improve existing typologies in comparative government and has great potential for discussions about democratic innovation and reform. So far, democratic innovations like deliberative mini-publics have remained mostly additive, leaving the underlying decision-making logics of representative political systems unchanged. Ganghof’s ideas can move debates about how deliberative democracy is to be institutionalized forward. Semi-parliamentary government constitutes an intriguing option to meet both demands for legislative flexibility and responsiveness to citizens’ concerns and demands for stability (...) and accountability. At the same time, I identify a limitation of the book in the fact that Ganghof’s normative theory of democracy remains thin. To appeal to citizens in constitutional reform processes, proposals for semi-parliamentary reform need to do more than reconcile conflicting visions of majority rule. They need to speak to democracy’s central promises of equal autonomy and rationality. (shrink)

Discriminatory attitudes towards Muslim refugees are common in liberal democracies, and Muslim citizens of these countries experience high rates of discrimination and social exclusion. Uniting these two facts is the well-known phenomenon of Islamophobia. But the implications of overlapping discrimination against citizens and non-citizens have not been given sustained attention in the ethics of immigration literature. In this paper, I argue that liberal societies have not only duties to discontinue refugee policies that discriminate against social groups like Muslims, but remedial (...) duties to citizens who are in these social groups to adopt a more welcoming stance towards the groups that they are in. Further, I argue that a fitting way of adopting this more welcoming stance is to give refugees in these groups preferential treatment in asylum and resettlement. (shrink)

This paper examines the intrinsic relation between institutions and social justice. Its starting point is that processes of institutionalization invoke societal groups to articulate justice demands which, in their turn, give rise to processes of institutional redesign. In liberal democracies, demands for justice are articulated as a pursuit for emancipation and empowerment of groups that feel excluded by dominant categorizations. The imminent presence of this twin pursuit for justice can be explained by the conceptual inconsistencies that characterize the distinction between (...) the public and private sphere. These inconsistencies also explain why demands for emancipation and empowerment are intrinsically ambiguous and inconsistent. In order to reconsider the question how institutions are to be adapted to allow for social justice while acknowledging the plurality, ambiguity and volatility of justice demands, the paper will propose an empirical and normative research agenda. (shrink)

Despite the rapidly growing literature on realism, there’s little discussion of the ideology critique of John Rawls offered by one of its leading lights, Raymond Geuss. There is little understanding of what (most of) this critique consists in and few discussions of how Rawls’ approach to political theorising may be defended against it. To remedy this situation, this article reconstructs the realist ideology critique of Rawls advanced by Raymond Geuss, which has three prongs: (1) Rawls’ political theory offers insufficient tools (...) to uncover and address distortions of our political values, beliefs, and intuitions; (2) it unacceptably reinforces these distortions by unduly legitimating them; and (3) it diverts attention from important features of real politics. With this done, I finish by considering how Rawlsians can respond, chiefly by employing a kind of reflective equilibrium, or reflective endorsement, broad enough to encompass different forms of genealogy and ideology critique. (shrink)

This article examines the nature of the child´s right to be loved. In particular, it argues that besides reasons for ensuring that children are affectively cared for by their parents, we have strong reasons for why children should be loved unconditionally -that is, loved independently of their morally irrelevant features. The article defends this claim by engaging closely with an argument recently formulated by Samantha Brennan and Colin Macleod, according to which the child´s right to be loved would be violated (...) by strongly homophobic parents. I argue that Brennan’s and Macleod’s argument needs to be revised because, while it generates a convincing conclusion in the case of homophobic parents, it fails to do so in other cases. This problem calls for a reconsideration of the nature of the right to be loved. Drawing on Philip Pettit’s analysis of robust goods, I argue that this right is a right to be loved unconditionally and an appeal to unconditional love allows us to accommodate the conviction that strongly racist as well as homophobic parents wrong their children by failing to love them (unconditionally). (shrink)

In this paper, I argue that, contrary to what some critics suggest, political liberalism is not exclusionary with regards to the rights and interests of individuals with cognitive disabilities. I begin by defending four publicly justifiable reasons that are collectively sufficient for the inclusion of members of this group. Briefly, these are the epistemic uncertainty that inevitably exists about individuals’ actual capacities, the political liberal duty to treat parents fairly, the social framework that is required for the fulfilment of parental (...) duties, and the necessity of cultivating certain emotions that are strongly associated with reasonableness. These reasons show why a more inclusive reading of political liberalism is plausible, and how this can be achieved without abandoning or revising the theory’s commitment to public reason, the political conception of the person, and the role of social cooperation. I then turn to the question of what a more inclusive political liberalism would look like. More specifically, I argue that, although it would not require the participation of individuals with cognitive disabilities in the practice of legitimation, it would require their full inclusion in the realm of justice as equal rights-bearers. (shrink)

Ganghof’s Beyond Presidentialism and Parliamentarianism advances three main claims: an innovative typology of comparative government, introducing the category of semi-parliamentarianism; an explication of two conceptions of majority rule, simple majoritarianism and complex majoritarianism; and a demonstration that there are viable systems of government embodying the political equality associated with each majoritarian conception. This paper explains these claims and identifies issues discussed in this symposium.

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.

This paper elaborates on the idea of the epistemology of ignorance developed in Charles Mills’s work beginning in the 1980s and continuing throughout his writings. I I argue that his account developed initially from experiences of racism in north America as well as certain methods of organizing within parts of the Caribbean left. Essentially the epistemic practice of ignorance causes knowers to discredit or push away knowledge they in fact have. But this gives us cause for hope, for restoring existing (...) knowledge through changing ideas about who knows. (shrink)

The late Charles W. Mills achieved public renown in North America and around the world that academics seldom achieve. His untimely death from cancer in 2021 was reported by The New York Times, Nati...

The reasons supporting the ‘Racial Contract’ are reasons supporting the ‘metanarrative,’ which explains the Racial Contract. They are not reasons supportive of actions pertinent to undoing the Racial Contract, but reasons supportive of behavior pertinent to objectively confirming the ‘metanarrative’ of the ‘Racial Contract’ and rightfully establishing its place in political philosophy. This paper shall attempt to address these matters and their consequences.

Among mainstream political philosophers, Charles Mills is probably best known, not as the author of The Racial Contract, but for his long-running critique of ideal theory and Rawls for his association with it. Yet the critique of ideal theory that followed the publication of The Racial Contract is prefigured in that very work, where we find in inchoate form what would be further developed later on. In the book, this early formulation of the critique occupies a small part of a (...) larger, more general argument condemning mainstream political philosophy for the way that it has ignored race. In this paper, I explore the relation of the critique to this more general argument. It might be thought that the general argument leads inevitably to the critique of ideal theory. I will argue that this is not so. I will show how Mills’ more general argument can be made without taking the further step of critiquing ideal theorizing. The blame for why mainstream political philosophy has ignored race, and continues to ignore race, I will argue, should be placed elsewhere. (shrink)

Recosiderations of Charles Mills’ The Racial Contract a quarter-century after its initial publication and my first reading trouble previous assessments as my reengagement with the text brings to the fore several items of Mills’ authorial and critical agendas that are not easily reconciled, in the text or by my still sympathic reading.

In The Racial Contract, Charles Mills introduces the notion of an ‘inverted epistemology,’ an epistemology that construes social and racial ignorance as knowledge (p.18). As Mills points out, such ignorance can be used to oppress people by creating alternate realities or ‘white mythologies’ about race (p. 19). If the racial contract results in a society that oppresses people of color and supports white supremacy, then the question of how to correct an inverted epistemology becomes critical. Mills proposes the correction of (...) history and the racist thinking underwriting it as a solution to the problem. Others, like Alison Bailey, seek to confront racial ignorance with active resistance by suggesting that individuals from historically marginalized groups exploit what members of dominant society don’t know (p. 77). While Bailey’s solution, referred to as strategic ignorance, may originate from good intentions, I argue that it is in general inappropriate for Indigenous people. Strategic ignorance is a product of the Western worldview, and it privileges Western values. In fact, both solutions offered by Mills and Bailey fail to consider Indigenous values. Mills’ proposed solution, however, is less objectionable. Instead of either solution, a more suitable form of resistance – one that embraces connectedness, balance, and harmony – would be ideal for the Indigenous communities of Turtle Island. (shrink)

In this paper, we attempt to de-naturalize the prevailing economistic imaginary of work that Max Weber and later commentators described as ‘protestant work ethic,’ epitomized in the figure of homo economicus. We do so by contrasting it with the imaginary of skillful work that can be found in vignettes about artisans in the Zhuangzi. We argue that there are interesting contrasts between these views concerning 1) direct goal achievement vs. indirect goal achievement through the cultivation of skills; 2) the hierarchization (...) of mental versus physical dimensions of work; 3) the crafting of non-dominating relationships between the working subject, their object, and their instruments of work, which leads to questions about the sustainability of these relationships; and 4) the relationship between work and well-being, which the Daoist texts conceptualize in a much more holistic, but also more presentist way than Western economic rationality. We conclude by pointing out the relevance of these differences for several contemporary debates about work, by denaturalizing a dominant imaginary of work, by distinguishing different forms of work, by suggesting a different relation between work and nature, and by raising questions about the desirability of the automation of work. (shrink)

Policies are often justified to the public with reference to factual claims that most people cannot easily verify or scrutinise because they lack relevant knowledge or expertise. This poses a challenge for theories of public justification which require that laws are justified using reasons that all can accept. Further difficulties arise in cases such as the response to the ongoing COVID-19 pandemic where the factual base of knowledge used to justify policies is limited, subject to a high degree of disagreement (...) amongst experts, and marked by rapid changes. This paper reviews some strategies that public justification theorists might draw on to address the question of how to justify policies that depend on this kind of expert knowledge. Whilst such strategies cohere with existing theories of public justification, they do not yield intuitively attractive recommendations. Ideally, theories of public justification would provide criteria by which to evaluate expert testimony such that it guides and informs, but does not lead, policy making. However, in cases like the pandemic response, theories of public reason currently tend towards recommendations that are intuitively unattractive: either requiring citizens to defer to ‘experts’ in a fairly uncritical way or being overly permissive of most factual claims. (shrink)