Self-legislation, Respect and the Reconciliation of Minority Claims

Journal of Applied Philosophy 28 (1):14-28 (2011)

Authors
Emanuela Ceva
Université de Genève
Abstract
It is a widely supported claim that liberal democratic institutions should treat citizens with equal respect. I neither dispute nor champion this claim, but investigate how it could be fulfilled. I do this by asking, as a sort of litmus test, how liberal democratic institutions should treat with respect citizens holding minority convictions, and thereby dissenting from a deliberative output. The first step of my argument consists in clarifying the sense in which liberal democracies have a primary concern for the respectful treatment of citizens qua self-legislating persons. Taking the second step, I address critically the common tendency in the literature to concentrate on what I have termed the ex ante legem phase, focusing solely on the structure of institutionalized decision-making processes. I submit, rather, that the principle of equal respect for persons demands more of liberal democratic institutions to enhance citizens' chances to give voice to their consciences and influence, on that ground, the formulation of the rules to which they should conform. Fulfilling this commitment requires democratic theorizing to go beyond the ex ante legem phase and regard forms of ex post legem contestation as an extension of citizens' right to political participation. Against this backdrop, I take the third and last step and argue that a promising way forward consists in the adoption of an ex post legem version of conscientious exemptionism, granting citizens a conditional moral right to request exemptions on the grounds of conscience from certain controversial legal and political provisions
Keywords democratic theory  respect  conscientious exemptions
Categories (categorize this paper)
DOI 10.1111/j.1468-5930.2010.00507.x
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 42,204
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Toleration, Religion and Accommodation.Peter Jones - 2015 - European Journal of Philosophy 23 (3):542-563.
Democracy and the Right to Exclusion.Ludvig Beckman - 2014 - Res Publica 20 (4):395-411.
Are There Rights to Institutional Exemptions?Andrew Shorten - 2015 - Journal of Social Philosophy 46 (2):242-263.

Add more citations

Similar books and articles

Civic Respect, Political Liberalism, and Non-Liberal Societies.Blain Neufeld - 2005 - Politics, Philosophy and Economics 4 (3):275-299.
Civic Respect, Civic Education, and the Family.Blain Neufeld & Gordon Davis - 2010 - Educational Philosophy and Theory 42 (1):94-111.
Respect for Persons and Perfectionist Politics.Thaddeus Metz - 2001 - Philosophy and Public Affairs 30 (4):417–442.
Assessing the Global Order: Justice, Legitimacy, or Political Justice?Laura Valentini - 2012 - Critical Review of International Social and Political Philosophy 15 (5):593-612.
Democratic Reasonableness.Thomas A. Spragens - 2008 - Critical Review of International Social and Political Philosophy 11 (2):193-214.
Democracy, Citizenship and the Bits in Between.Sarah Fine - 2014 - In Richard Bellamy & Madeleine Kennedy-Macfoy (eds.), Citizenship. Routledge. pp. 623-640.
The Place of Self‐Respect in a Theory of Justice.Gerald Doppelt - 2009 - Inquiry: An Interdisciplinary Journal of Philosophy 52 (2):127 – 154.
Religious Conscientious Exemptions.Yossi Nehushtan - 2011 - Law and Philosophy 30 (2):143-166.
Agonism and Pluralism.Monique Deveaux - 1999 - Philosophy and Social Criticism 25 (4):1-22.

Analytics

Added to PP index
2010-10-22

Total views
86 ( #91,157 of 2,253,764 )

Recent downloads (6 months)
17 ( #48,997 of 2,253,764 )

How can I increase my downloads?

Downloads

My notes

Sign in to use this feature