ABSTRACT Historically, many philosophers and social scientists have sharply distinguished between “normative” and “empirical” forms of inquiry. In response, some have called for a re-engagement of these forms of inquiry. Here I offer a novel way of justifying such re-engagement in democratic theory. Drawing on classical pragmatism, I argue that normative democratic theory is a form of practical reasoning, hence inevitably involves empirical inquiry. Thus, in reasoning about what democratic processes ought to look (...) like, we should avoid sharply distinguishing normative from empirical forms of reasoning, just as we should avoid sharply distinguishing theoretical from practical forms of reasoning. (shrink)

© 2016 Informa UK Limited, trading as Taylor & Francis Group. In Equal Recognition, Alan Patten argues that in a proper relationship between normative political theory and democratic politics, we must make a clear distinction between two questions related to cultural rights: authority and the substance of deliberation. The question he wants to explore, however, is not the authority question but the substantive question. The aim of this article is to show that an account of equal recognition (...) cannot bracket out the democratic element. It argues, first, that Equal Recognition does not live up to its initial promise, as it contains a number of reflections and recommendations that either explicitly or implicitly include the democratic element. Second, it points at other important areas of political decision-making–such as electoral system design, districting, referendums, quotas–in which it is quite clear that in order to extend equal recognition to minority cultures, we are obliged to take decisions related to the design of democratic institutions. (shrink)

Global Democratic Theory is the first comprehensive introduction to the changing contours of democracy in today’s hyperconnected world. Accessibly written for readers new to the topic, it considers the impact of globalization and global forms of governance and activism on democratic politics and examines how democratic theory has responded to address these challenges, including calls for new forms of democracy to be developed beyond the nation-state and for greater public participation and accountability in existing global (...) institutions. Divided into two parts, the book shows how globalization provides both new obstacles and new opportunities for democracy. Part I explores the shifts underway at the national and international levels that are challenging democracy within nation-states around the world. In response, new proposals for global and transnational democracy have emerged. Part II critically analyses five main approaches of ‘global democratic theory’ Ð liberal internationalism, cosmopolitan democracy, deliberative democracy, social democracy and radical democracy, focusing on their specific interpretation of the problems facing democracy, their normative claims, and the feasibility of their proposed pathways of democratization. The book’s extensive account of the problems and possibilities facing democracy today will be essential reading for students and scholars of politics, political theory and political philosophy. (shrink)

Is democracy worth saving? Responding to the erosion of democracy, philosophical debates have pivoted from analyzing the best forms of democracy to questioning what is so valuable about democracy to begin with, how we can save it, and whether it is indeed worth saving. Contemporary Democratic Theory charts this pivot and surveys the most important new developments in the philosophical, theoretical, and normative examination of the concept of democracy. Comparisons that dominated 20th century democratic theory (...) - between direct democracy, participatory democracy, deliberative democracy, and agonistic democracy - are in the 21st century giving way to comparisons between democracy and its challengers: epistocracy, technocracy, meritocracy, oligarchy, and autocracy. Philosophical interest in the canonical figures of democratic theory like Aristotle, Rousseau and Mill is being eclipsed by damage control in the face populism, sinking trust in democratic institutions, failing political parties, and the spread of misinformation. (shrink)

In response to the dozen essays published here, which relate my 1964 paper on “The Nature of Belief Systems in the Mass Publics” to normative requirements of democratic theory, I note, inter alia, a major misinterpretation of my old argument, as well as needed revisions of that argument in the light of intervening data. Then I address the degree to which there may be some long‐term secular change in the parameters that I originally laid out. In the (...) final section, I provide a case study of public understanding of factual trends in federal tax policy in recent decades which seems commendably veridical on average. The preferences of the public thereon add up to a remarkably clear popular mandate. But this mandate seems to disappear rather magically in the voting booth, probably due to a combination of limited contextual information on the public side, and considerable skill on the elite side in manipulating apparent political realities. (shrink)

Global Democratic Theory is the first comprehensive introduction to the changing contours of democracy in today’s hyperconnected world. Accessibly written for readers new to the topic, it considers the impact of globalization and global forms of governance and activism on democratic politics and examines how democratic theory has responded to address these challenges, including calls for new forms of democracy to be developed beyond the nation-state and for greater public participation and accountability in existing global (...) institutions. Divided into two parts, the book shows how globalization provides both new obstacles and new opportunities for democracy. Part I explores the shifts underway at the national and international levels that are challenging democracy within nation-states around the world. In response, new proposals for global and transnational democracy have emerged. Part II critically analyses five main approaches of ‘global democratic theory’ Ð liberal internationalism, cosmopolitan democracy, deliberative democracy, social democracy and radical democracy, focusing on their specific interpretation of the problems facing democracy, their normative claims, and the feasibility of their proposed pathways of democratization. The book’s extensive account of the problems and possibilities facing democracy today will be essential reading for students and scholars of politics, political theory and political philosophy. (shrink)

Democratic theorists, especially since the advent of the deliberative democracy paradigm in the 1980s, have focused primarily on relationships involving citizens and their political representatives, and have thus paid scant attention to the bureaucratic agencies within the modern state that are presumed merely to “flesh out,” implement, and enforce the decisions made by elected officials. This undertheorized space between markets and democratic decision making, in brief, is where corporations and other interested parties inter- act with regulatory agencies, their (...) bureaucrats, and the elected officials who are accountable for what governments do on their watch. How and why ought democratic governments to facilitate, regulate, or get out of the way of, markets and corporations in a so-called market democracy? We cannot possibly provide or defend a detailed answer to this question here. What we will attempt to do, however, is to make the case for why the question is too normatively and conceptually rich for political philosophers to continue to outsource it almost entirely to scholars in law and the social sciences. Although the tensions between lawmaking by bureaucrats and the ideals of representative democracy rarely merit more than a few sentences of abstract reflection by democratic theorists, we have tried to reconstruct the implicit assumptions that might explain this neglect. (shrink)

The development of the theory of deliberative democracy is connected to the completion of two tasks. The first is to combine broad political participation with the rationality of the political process. The second is to ensure the political unity of modern societies, which are characterized by a pluralism of often incompatible values, norms, and lifestyles. Within the framework of this theory, the key democratic procedure is rational deliberation open to all interested parties. The purpose of this procedure (...) is to reach an agreement, as stated in the theory of Jurgen Habermas. However, experimental studies of deliberative practices show that they may result not in agreement but in the radicalization of positions. Unlike Habermas, John Rawls believes that a consensus on values and norms is unattainable. His theory of political liberalism attempts to answer the question of how political unity is possible in practically insoluble conflict, that is, in a situation of disagreement. He proposes the ideal of a well-ordered society with the assumption that a just society is one in which there is no agreement on comprehensive doctrines, but there is a consensus on the basic principles of justice. However, Rawls’s theory, in turn, faces a number of significant problems. For example, he was forced to admit that the democratic culture of society is a prerequisite for the formation of basic principles of justice in a well-ordered society. Rawls’s idea about the connections among disagreement, political freedom, and democracy influenced the further development of the theory of democracy, stimulating the search for different models of decision-making and the formation of political will without rational agreement. After all, the possibility of democracy lies in the conflict of ideas about justice and good. (shrink)

In Luc Boltanski’s On Critique, various dimensions of democracy as a political regime and form of society are evident, but never explicitly conceptualized. There is, however, something to be gained by making the democratic dimension in Boltanski’s work more explicit: the normative and political standpoints become clearer, but also the real-life possibilities for and significance of critique in contemporary times. The paper will first discuss the democratic theory in On Critique by focusing on the differentiation between (...) reality and the world and the conceptualization of institutions. In a second step, I will relate a rather rudimentary democratic theory to the radical-democratic dimensions of the work of Claude Lefort and Cornelius Castoriadis in order to make its contours more explicit. In a third step, I will discuss a tension that exists between the radical-democratic dimension in On Critique and Boltanski’s portrayal of contemporary capitalist-democratic societies as largely immune to critique. (shrink)

People tend to be biased and irrational about politics. Should this constrain what our normative theories of democracy can require? David Estlund argues that the answer is ‘no’. He contends that even if such facts show that the requirements of a normative theory are very unlikely to be met, this need not imply that the theory is unduly unrealistic. I argue that the application of Estlund’s argument to political irrationality depends on a false presupposition: mainly, that (...) being rational about politics is something people could easily do if they tried. Since the empirical evidence shows that being rational about politics is actually quite difficult, Estlund’s argument comes up short. Moreover, I argue that the argument cannot plausibly be extended to insulate normative theories of democracy from facts about political irrationality because of the need for constraints of realism to explain the crucial role that appeals to (reasonable) disagreement play within such theories. (shrink)

Due to the economic and social effects of globalization democracy is currently in crisis in many states around the world. This book suggests that solving this crisis requires rethinking democratic education. It argues that educational public policy must cultivate democratic relationships not only within but also across and between states, and that such policy must empower citizens to exercise democratic control in domestic as well as in inter- and transnational politics. -/- Democratic Education in a Globalized (...) World articulates and defends democratic conceptions of global citizenship education and educational justice on the basis of a democratic understanding of global justice. It will be of interest to researchers across the fields of education, political theory, philosophy, development and postcolonial studies. (shrink)

Democratic theory tends to proceed on the assumption that law requires democratic legitimation because it is coercive. However, the claim that law requires democratic legitimation is distinct from claims about the nature of law. This paper takes issue with the notion that law is coercive by an exploration of three distinct understandings of the nature of law: the state-based conception of law, law as the rules of institutionalized normative systems, and law as social norms. Drawing (...) on insights from legal and democratic theory, the paper defends the view that the ‘law’ to which democratic claims apply are the rules of conduct of institutionalized normative systems. Since rules that belong to such systems are found in associations beyond or below the level of the state, the scope of democratic participation is significantly wider than is usually recognized. (shrink)

“The Nature of Belief Systems” sets forth a Hobson's choice between rule by the politically ignorant masses and rule by the ideologically constrained—which is to say, the doctrinaire—elites. On the one hand, lacking comprehensive cognitive structures, such as ideological “belief systems,” with which to understand politics, most people learn distressingly little about it. On the other hand, a spiral of conviction seems to make it difficult for the highly informed few to see any aspects of politics but those that confirm (...) the cognitive structures that organize their political perceptions. This is a troubling situation for any consequentialist democratic political theory, according to which what is crucial is the electorate's (and subsidiary decision makers') ability to make informed policy judgments, not their possession of willful but uninformed political “attitudes.” Any political theorist who does not take democracy to be an end in itself (regardless of its consequences) should be concerned about Converse's findings. (shrink)

The past thirty years have seen a surge of empirical research into political decision making and the influence of framing effects — the phenomenon that occurs when different but equivalent presentations of a decision problem elicit different judgments or preferences. During the same period, political philosophers have become increasingly interested in democratic theory, particularly in deliberative theories of democracy. Unfortunately, the empirical and philosophical studies of democracy have largely proceeded in isolation from each other. As a result, philosophical (...) treatments of democracy have overlooked recent developments in psychology, while the empirical study of framing effects has ignored much contemporary work in political philosophy. In Framing Democracy, Jamie Terence Kelly bridges this divide by explaining the relevance of framing effects for normative theories of democracy. -/- Employing a behavioral approach, Kelly argues for rejecting the rational actor model of decision making and replacing it with an understanding of choice imported from psychology and social science. After surveying the wide array of theories that go under the name of democratic theory, he argues that a behavioral approach enables a focus on three important concerns: moral reasons for endorsing democracy, feasibility considerations governing particular theories, and implications for institutional design. Finally, Kelly assesses a number of methods for addressing framing effects, including proposals to increase the amount of political speech, mechanisms designed to insulate democratic outcomes from flawed decision making, and programs of public education. -/- The first book to develop a behavioral theory of democracy, Framing Democracy has important insights for democratic theory, the social scientific understanding of political decision making, economics, and legal theory. (shrink)

Economic theories of democratic legitimacy have criticized deliberative accounts of democratic legitimacy on the grounds that they do not represent a practical possibility and that they create conditions that make actual democracies worse. It is not simply that they represent the wrong ideal. Rather, they are too idealistic – failing to show proper regard for the cognitive and moral limitations of persons and the depth of disagreement in democratic society. This article aims to show that the minimalist (...) criterion of democratic legitimacy is self-defeating and that even if there are minimal cognitive, moral, and social requirements for the possibility of practicable deliberative democracy, these limitations do not necessarily impose insuperable barriers for democratic deliberation as the normative basis of democratic legitimacy. Thus, the limiting facts do not dictate the structure of appropriate normative models of democracy in the way minimalists have supposed. (shrink)

The aim of this paper is to link empirical findings concerning environmental inequalities with different normative yard-sticks for assessing whether these inequalities should be deemed unjust, or not. We argue that such an inquiry must necessarily take into account some caveats regarding both empirical research and normative theory. We suggest that empirical results must be contextualised by establishing geographies of risk. As a normative yard-stick we propose a moderately demanding social-egalitarian account of justice and democratic (...) citizenship, which we take to be best suited to identify unjust as well as legitimate instances of socio-environmental inequality. (shrink)

What should we do if climate change or global injustice require radical policy changes not supported by the majority of citizens? And what if science shows that the lacking support is largely due to shortcomings in citizens’ individual psychology such as cognitive biases that lead to temporal and geographical parochialism? Could then a plausible case for enhancing the morality of the electorate—even against their will –be made? But can a democratic government manipulate the will of the people without losing (...) democratic legitimacy? This paper explores the problems that governmental manipulation of voters pose for democratic legitimacy and the tensions between non-manipulated input and morally acceptable output. These venerable issues of political theory resurface in light of recent suggestions to tackle today’s global mega-problems by Ingmar Persson and Julian Savulescu. They suggest that to avert the looming catastrophe, governments should alter psychological traits of the citizenry through biomedical means, from pharmaceuticals to genetics. However, we argue that a government cannot rule with democratic legitimacy if elected by a will of the people it manipulated before. Normatively, conferring power from the governed onto governors is a one-directional relation that is incompatible with manipulation. But while it is tempting to rebut suggestions to morally enhance the people as antithetical to essential ideas of democracy, swift rebuttals tend to overlook the deeper challenge: Majoritarian decision-making may lead to inacceptable outcomes. The dilemma between input and output runs through major works in political theory. Rather than wishfully ignoring the dangers of democracy, democratic theory has to provide answers. (shrink)

The normative and metanormative pluralism that figures among core self-descriptions of democratic theory, which seems incompatible with democratic theorists’ practical ambitions, may stem from the internal logic of research traditions in the social sciences and humanities and in the conceptual structure of political theory itself. One way to deal productively with intradisciplinary diversity is to appeal to the idea of a meta-consensus; another is to appeal to the argument from cognitive diversity that fuels recent debates (...) on epistemic democracy. For different reasons, both strategies fail, such that a metatheoretical step aside may be desirable, one that entails modeling democratic theory after the public justification approach. (shrink)

The theory of deliberative democracy is here furthered in terms of three images that locate its essence in respectively a single forum, a deliberative system, and an encompassing polity featuring particular integrative norms. The first two are ubiquitous, though contested, the third is stated here. Deliberative theorists need to contemplate how practices that make sense in each image connect to the other two. Forums only make sense when linked in a system that can synthesize very different deliberative virtues. Any (...) system’s democratic qualities can only be evaluated in terms of the polity. While judgment in terms of the conditions of normative integration in the polity is therefore primary, particular forums can promote deliberative authenticity in a system, and systems enable inclusive application of deliberative ideals. Deployed in this way, the three images help solve internal disputes and respond to critics. (shrink)

Older statutes sometimes alter the legal content of newer statutes in a way not apparent from the text of the newer statutes. The puzzle is how, even if a new statute is the choice of the current polis, the legal content created in part by the elderly statute is also the choice of the current polis. I consider several possible answers, including a legislative intent account and Dworkin’s, and argue that none of them is satisfactory. I then offer my own (...) account, the De Re Account, which depends on distinguishing choosing under a description from choosing de re and noting that background norms and conventions sometimes determine what one does. In the case of legislation, because of the pragmatic norms for legal language and conventional practices against which a legislature acts, the legal content of the newer statute is chosen de re. (shrink)

Culture is a notoriously elusive concept. This fact has done nothing to hinder its popularity in contemporary analytic political philosophy among writers like John Rawls, Will Kymlicka, Michael Walzer, David Miller, Iris Marion Young, Joseph Raz, Avishai Margalit and Bikhu Parekh, among many others. However, this should stop, both for the metaphysical reason that the concept of culture, like that of race, is itself either incoherent or lacking a referent in reality, and for several normative reasons. I focus on (...) the following interconnected points: • The vagueness of the term allows a myriad of candidates to claim rights, and typically to the detriment of increased equality and environmental goals . • Cultural capital cannot be regulated in the way that political capital must be regulated without undermining the cultures supposedly being protected. And the possession of cultural capital is almost never democratically regulated. In particular, granting cultures political status creates intergenerational conflict, rewarding the elders and creating incentives to be conservative and restrict cultural mobility of the younger generation. •The notion of a group owning “its” culture is conceptually suspect and corrupted by the foregoing points about unequal cultural capital. In defending a group’s right to preserve its culture we do not defend equally the rights of the individuals that make it up , and we ignore altogether the rights of those who may be unfairly denied recognition as “members” of the culture. (shrink)

I demonstrate that a set of well-known objections defeat John Stuart Mill’s plural voting proposal, but do not defeat plural voting as such. I adopt the following as a working definition of political equality: a voting system is egalitarian if and only if departures from a baseline of equally weighted votes are normatively permissible. I develop an alternative proposal, called procedural plural voting, which allocates plural votes procedurally, via the free choices of the electorate, rather than according to a substantive (...) standard of competence. The alternative avoids standards objections to Mill’s proposal. Moreover, reflection on the alternative plural voting scheme disrupts our intuitions about what counts as an egalitarian voting system. Undue emphasis on Mill’s version of plural voting obscures three important reasons to reject plural voting in favor of strictly egalitarian voting systems: that certain choices that generate inequalities of political power are morally impermissible; that even... (shrink)

Many normative political theorists have engaged in the systematic collection and/or analysis of empirical data to inform the development of their arguments over the past several decades. Yet, the approach they employ has typically not been treated as a distinctive mode of theorizing. It has been mostly overlooked in surveys of normative political theory methods and methodologies, as well as by those critics who assert that political theory is too abstracted from actual political contestation. Our aim (...) is to unearth this grounded normative theory (GNT) approach – to identify its definitive practices and highlight its potential significance. We detail four overlapping commitments characteristic of GNT. These include commitments to expanding the comprehensiveness of input for normative arguments through original empirical research and/or analysis, recursivity in the development of normative claims, attentiveness to the systematic inclusion of a range of voices and ways of knowing, and accountability to those engaged by the theorist in empirical contexts. We discuss methodological distinctions within GNT, including between more- and less-solidaristic approaches. We discuss how GNT answers calls for theorists to engage more closely with empirical political dynamics and we consider responses to possible critiques. (shrink)

Conspiracy theories are frequently described as a threat to democracy and conspiracy theorists portrayed as epistemically or morally unreasonable. If these characterizations are correct, then it may be the case that reasons stemming from conspiracy theorizing threaten the legitimizing function of democratic deliberation. In this paper, I will argue the opposite. Despite the extraordinary epistemic and morally unreasonable claims made by some conspiracy theorists, belief in conspiracy theories is guided by internal epistemic norms inherent in believing. By utilizing the (...) insights of the Peircean epistemic defense formulated by Cheryl Misak and Robert Talisse, I take it that these epistemic norms implicitly commit the theorist to an open democratic society. (shrink)

This volume is primarily concerned with equality as a basic component of the democratic character of representation. In other words, of the many types of equality that have attracted the attention of theorists since democracy's beginnings - arithmetic equality, equality before the law, equality of opportunity- we would like to draw attention to representational equality, that is, the role of equality in systems of democratic representation. In what form is equality present in traditional forms of electoral representation? How (...) can it be secured in new forms of representation, such as claims-making, deliberative, klerotarian and epistemic representation? And to what extent are electoral or non-electoral models of representation able to accommodate increasing social inequalities? The articles in this volume discuss these issues from a normative and conceptual point of view, seeking to shed new light on the important but under-explored relationship between equality and representation. This book was originally published as a special issue of Critical Review of International Social and Political Philosophy. (shrink)

Though falling turnout in recent decades has been recognised as a problem for democracy, the solutions that have been proposed have mostly been drawn from the realms of the marketplace and society, rather than that of democracy. The inadequate empirical theory that subtends many policy initiatives designed to improve turnout accounts for why these initiatives have largely failed to achieve their stated aims. I argue that electoral participation should be seen through the conceptual lens of collective action, and that (...) this approach suggests mandatory electoral participation as an equitable and effective coordination device. I further argue that compulsory turnout offers a good fit with democratic norms of equality, rights and political obligation. (shrink)

Jürgen Habermas’s discourse-theoretic reconstruction of the normative foundations of democracy assumes the formal separation of democratic political practice from the economic system. Democratic autonomy presupposes a vital public sphere protected by a complex schedule of individual rights. These rights are supposed to secure the formal and material conditions for democratic freedom. However, because Habermas argues that the economy must be left to function according to endogenous market dynamics, he accepts as a condition of democracy (the formal (...) separation of spheres) a social structure that is in fact anti-democratic. The value of self-determination that Habermas’s theory of democracy presupposes is contradicted by the actual operations of capitalist markets. Further democratic development demands that the steering mechanisms of the capitalist market be challenged by self-organizing civic movements. (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)

How should political theorists go about their work if they are democrats? Given their democratic commitments, should they develop theories that are responsive to the views and concerns of their fellow citizens at large? Is there a balance to be struck, within political theory, between truth seeking and democratic responsiveness? The article addresses this question about the relationship between political theory, public opinion and democracy. I criticize the way in which some political theorists have appealed to (...) the value of democratic legitimacy in an attempt to justify a more opinion-sensitive approach to their work. Specifically, I identify a problematic model in the existing literature, which I term ‘democratic restraint’: an approach on which the theorist moderates her normative principles in response to evidence about public attitudes in order to enhance the legitimacy of her account. This model renders the discipline newly vulnerable to an otherwise misguided objection that political theory seeks to pre-empt democratic politics. I trace the problem with the democratic restraint model to its flawed underlying conception of democratic legitimacy. The article then outlines a more appealing ‘democratic underlabourer’ view of the status of political theory and draws out the implications of this alternative account for the role of public opinion. (shrink)

This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on "weak judicial review". Although different in their approach, the chapters all focus (...) on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their "deliberative performance" or to create constitutional juries that may be more aware of a community's constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review. (shrink)

This paper argues that the future of capabilities approach lies on the theoretical development of the democratic political structure. For this purpose, we take into account Martha Nussbaum’s late theoretical works. Firstly, we argue that the capability approach can be divided into two main models: the top down and the bottom up. Nussbaum, for example, endorses a top-down model, which it begins from an abstractive theory of partial justice and then draws the issue of institutional implementation. On the (...) other hand, Amartya Sem advocates the bottom-up model, which starts from the immanent demands of justice from public sphere and then up to normative and abstract questions (like his “idea of justice”). In the second part of this paper, we present Nussbaum’s partial theory of justice, arguing that it is mainly composed by four issues: (a) the elaboration of the list of capabilities, (b) the process of normative evaluation, (c) arguments for stability, (d) the implementation of the model. About this last topic, we argue in the third part that the current theoretical advance of the capabilities approach lies on the issue of the democratic political structure. In other words, the future of capabilities approach depends on the interaction between its own theory and a theory of democracy. Finally, in the last section we provide a re-elaboration of Nussbaum’s threshold level of capabilities (the list) in order to make it more adherent with the democratic political structure. (shrink)

Hans Kelsen refused to develop a democratic theory of the basic norm. Given that he expounded a strong distinction between law and politics as two separate scientific disciplines he consistently argued against any attempt to politicize legal science and corrupt its object of cognition. As a result, there has been very little discussion of the basic norm in relation to his democratic theory. This article attempts to fill this gap by tracing the relationship between the basic (...) norm and democracy in Kelsen’s legal and political writings. More precisely, it maps Kelsen’s seminal distinction between autonomy and heteronomy onto his reflections on constitutional making and probes the anti-democratic implications of his theory of the basic norm as they undermine the normative foundations of democratic theory. The article concludes by addressing the question of whether it is possible to articulate a theory of the democratic ground norm, of democratic foundings with a normative content, by proposing the idea of an immanent, performative basic norm as the source of validity of a democratic constitutional order. (shrink)

One way of providing a focus for critical theory today is to articulate those substantive and robust norms of egalitarian justice that would appear to be presupposed by the idea of a republican and democratic constitutional order. It is suggested here that democratic justice requires the equalisation of effective communicative freedom among all structurally constituted social groups (SCSGs) and that this will have far-reaching implications that entail the deconstruction of all social hierarchies in both domestic and global (...) orders. This argument is presented in three sections. The first defends the focus on groups rather than individuals in theorising democratic justice. The second intervenes critically in contemporary debates surrounding the theoretical relation between various aspects of justice including the demands of redistribution, recognition and political empowerment. The third turns to the challenges for critical theory presented by a complex and multifaceted process of globalisation and it defends a qualified form of cosmopolitanism and highlights the need for a radical democratisation of the international order. (shrink)

A culturally influential sub-discipline within literary studies, literary theory has developed in parallel form in other arts and social science disciplines, so that one might refer to "cultural theory" or "social theory" as well, or even just to "theory." It's as familiar as the word "postmodern" and as tricky as "deconstruction." What is it about? What is at stake? Theory is about rationality. This book's title invites two different interpretations of what it might mean to (...) say so. For many, the essence of literary theory is the unmasking and redescription of rationality in other terms. Put ironically, rationality is male; rationality is white; rationality is repression.... The book's title, however, can also be read in a second way. On this reading, rationality itself is the essence of literary theory and central to literature, art, and society. Certain conceptions of what it entails can be problematic; the critique in the first way of reading the title remains relevant. Yet one can affirm rationality as integral to human flourishing, including the processes of producing, analyzing, and enjoying literature, art, and culture. This book provides readers with a clear overview of theory's development and the abiding presence of its concern with the status of rationality across its forms. (shrink)

This paper has several aims. Its main interpretive task is to argue that the democratic aspirations of contemporary critical theory are informed and haunted by an essentially Hegelian conception of constitutional order that I describe in part 1, according to which the modern state represents an institutional structure that integrates society through rational activity by mediating between the different interests of various social strata, connecting them in a common enterprise—haunted, because this Hegelian vision of making individuals free and (...) “at home” in the modern world, reconciled to it by virtue of being able to comprehend their social order as the work of their own shared reasons, remains a griping one, but one that critical theorists starting with the Left Hegelians view as increasingly implausible under modern social conditions. In section 2, I trace the decline of confidence in the prospects for the rational/mediational integration of society Hegel envisioned through Horkheimer and Adorno, and discuss some relevant aspects of Habermas’s initial reception of their views. Section 3 argues that the conceptions of democratic constitutional politics offered by Habermas and Benhabib should be read as attempts to recover, in a critical manner and under changed conditions, Hegel’s idea of social order as the product of rational activity. Along the way, I will make three interpretive and critical points: first, the existence of this link to Hegelian conceptions of constitutionalism demonstrates that interpretations of Habermas’s later work that read him as having broken with the tradition of Left Hegelianism are overstated—my reading of Habermas highlights his essentially Hegelian proceduralism and the social theoretic dimension of his work, and should challenge people who think of him as a neo-Kantian moralist. Second, this Left Hegelian social theoretic backdrop provides a stronger normative justification for the practice of democratically rearticulating constitutional norms—along with its apparent demotion of the stabilizing virtues of the rule of law—than the contextual one that some legal theorists have so far offered. Thirdly, I will comment on the shortcomings of Habermas’s conception of democratic constitutionalism, as well as Benhabib’s modified concept of “democratic iterations,” along with some brief suggestions on how this set of ideas should be developed. (shrink)

What is pedagogy, exactly? Merriam-Webster defines it simply as “the art, science, or profession of teaching.” In contemporary academic discourse, however, pedagogy is generally left undefined — with its apparent implicit meanings ranging anywhere from a specific “model for teaching” (e.g., behaviorist or progressivist instruction) to a broadly political philosophy of education in general (most famously, a “pedagogy of the oppressed”). In this paper, Norm Friesen and Hanno Su follow the Continental pedagogical tradition in giving pedagogy a general but explicit (...) definition. They do so by looking at how pedagogy arises both in everyday life and in school as unavoidably ethical activity undertaken primarily for the sake of the young person or child. Such activities, the authors maintain, are structured not so much by processes, methods, and outcomes, but by irresolvable oppositions and the tensions between them. They illustrate this inductively through a series of images and examples — moving gradually from ones involving parenting and early childhood to ones from elementary and secondary schooling. In this way, Friesen and Su show that pedagogy is not so much one or more ideologically focused or evidence-based instructional or psychological approaches to be mastered by a professional or teaching specialist. It is instead an independent but ethically informed practical perspective — one that can (and has) been extended to form a distinctively pedagogical theory and discipline. As such, it is something that is not only a part of our everyday life and culture, but arguably of all human cultures. (shrink)

As we rapidly approach the 50th year of the much‐celebrated ‘cognitive revolution’, it is worth reflecting on its widespread impact on individual disciplines and areas of multidisciplinary endeavour. Of specific concern in this paper is the example of the influence of cognitivism's equation of mind and computer in education. Within education, this paper focuses on a particular area of concern to which both mind and computer are simultaneously central: educational technology. It examines the profound and lasting effect of cognitive science (...) on our understandings of the educational potential of information and communication technologies, and further argues that recent and multiple ‘signs of discontent’, ‘crises’ and even ‘failures’ in cognitive science and psychology should result in changes in these understandings. It concludes by suggesting new directions that educational technology research might take in the light of this crisis of cognitivsm. (shrink)

As we rapidly approach the 50th year of the much‐celebrated ‘cognitive revolution’, it is worth reflecting on its widespread impact on individual disciplines and areas of multidisciplinary endeavour. Of specific concern in this paper is the example of the influence of cognitivism's equation of mind and computer in education. Within education, this paper focuses on a particular area of concern to which both mind and computer are simultaneously central: educational technology. It examines the profound and lasting effect of cognitive science (...) on our understandings of the educational potential of information and communication technologies, and further argues that recent and multiple ‘signs of discontent’, ‘crises’ and even ‘failures’ in cognitive science and psychology should result in changes in these understandings. It concludes by suggesting new directions that educational technology research might take in the light of this crisis of cognitivsm. (shrink)

Although there are many points of continuity, there are also a number of changes in the pedagogical form of the anatomy lecture over the longue durée, over centuries of epistemic change, rather than over years or decades. The article begins with an analysis of the physical and technical arrangements of the early modern anatomy lecture, showing how these present a general underlying similarity compared to those in place today. It then goes on to consider examples of elements of speech and (...) presentation, description and illustration that are used in the biology lecture from the early modern (sixteenth to seventeenth centuries) and late modern (or contemporary) eras. The anatomy lecture thus demonstrates a basic physical and technical continuity in the classroom or theater, whereas the larger epistemic functions in which it is embedded have changed: from a descriptive, discursive function, focusing on individual organs and their physicality, to one that is more integrative, systemic and also performative in both form and content. (shrink)

The Oxford English Dictionary defines fulfilment as ‘satisfaction or happiness as a result of fully developing one's potential or realizing one's aspirations; self-fulfillment’. Not only has the idea of fulfilment underpinned ‘approximately twenty centuries of philosophy’ as Lefebvre notes, it plays an indispensable role in both popular and scholarly accounts of education and upbringing. Experiences of education, of upbringing and of ‘life lessons’, however, are so often not about the fulfilment of oneself, about the discovery and actualisation of one's full (...) potential. Such experiences instead involve moments of sometimes irreparable failure and loss—a matter that has not received a great deal of attention in educational research and theory. After briefly examining the way that fulfilment is favourably framed both in humanistic psychology and in neo-humanist Bildungstheorie, this paper considers some of the exceptions to the nearly ubiquitous identification of education with fulfilment: Arthur Schopenhauer's view of the irrationality of human (developmental) experience and Ludwig Wittgenstein's use of the term ‘conditioning’ (Abrichtung) in some of his accounts of learning and socialisation. We then focus on failure and loss in education through an overview of the pedagogical theory of O.F. Bollnow. Bollnow, as is gradually being recognised in English-language scholarship, saw moments of uncertainty, disorientation and above all crisis as indispensable in educational experience—for both student and teacher. In this way, we show that instead of being the pursuit of self-fulfilment, education is unavoidably a matter of difficulty, disruption and also failure. It reshapes us, and this reshaping can be seen as being as much about formation as it is about deformation. (shrink)

Using Maya Angelou’s I Know Why the Caged Bird Sings as an example, this paper introduces Wilhlem Dilthey’s hermeneutics and pedagogical theory. Dilthey saw biographies as nothing less than “the highest and most instructive form of the understanding of life.” This, then, serves as the starting point for his hermeneutics or theory of understanding, which distinguishes humanistic understanding from scientific explanation, and sees any one moment or word as having meaning only in relation to a whole—the whole of (...) a sentence or text, or the whole of one’s life. It is also the starting point of his pedagogy, whose ultimate “duty” is “to develop the child as a person who carries their own purpose within themselves.” In introducing Dilthey’s hermeneutic pedagogy, this paper draws principally from his The Formation of the Historical World in the Human Sciences, a text that has been long neglected in hermeneutic and phenomenological studies of education. (shrink)

The Oxford English Dictionary defines fulfilment as ‘satisfaction or happiness as a result of fully developing one's potential or realizing one's aspirations; self-fulfillment’. Not only has the idea of fulfilment underpinned ‘approximately twenty centuries of philosophy’ as Lefebvre notes, it plays an indispensable role in both popular and scholarly accounts of education and upbringing. Experiences of education, of upbringing and of ‘life lessons’, however, are so often not about the fulfilment of oneself, about the discovery and actualisation of one's full (...) potential. Such experiences instead involve moments of sometimes irreparable failure and loss—a matter that has not received a great deal of attention in educational research and theory. After briefly examining the way that fulfilment is favourably framed both in humanistic psychology and in neo-humanist Bildungstheorie, this paper considers some of the exceptions to the nearly ubiquitous identification of education with fulfilment: Arthur Schopenhauer's view of the irrationality of human (developmental) experience and Ludwig Wittgenstein's use of the term ‘conditioning’ (Abrichtung) in some of his accounts of learning and socialisation. We then focus on failure and loss in education through an overview of the pedagogical theory of O.F. Bollnow. Bollnow, as is gradually being recognised in English-language scholarship, saw moments of uncertainty, disorientation and above all crisis as indispensable in educational experience—for both student and teacher. In this way, we show that instead of being the pursuit of self-fulfilment, education is unavoidably a matter of difficulty, disruption and also failure. It reshapes us, and this reshaping can be seen as being as much about formation as it is about deformation. (shrink)

This response paper begins by countering the contributions of Don Ihde and Robert Rosenberger to this special issue, making its case in existential terms. Then, addressing Darin Barney, these arguments are developed further in aesthetic terms, making use of the “modernist” educational theory of René Arcilla. This response article concludes by returning to the realm of the educational with the help of Albert Borgmann's and Estrid Sørensen's feedback.

This volume provides an updated examination of the role that moral and political philosophy can play in addressing problems in business ethics. The essays contained within its pages represent the work of new scholars and address a wide array of foundational issues such as distributive justice within firms, human rights, ethical challenges of international business, the role of virtue in business management, entrepreneurship and the relationship of markets and market actors with democratic institutions.

In an ideal democracy, people from all walks of life would come together to talk meaningfully and respectfully about politics. But we do not live in an ideal democracy. In contemporary democracies, which are marked by deep social divisions, different groups for the most part avoid talking to each other. And when they do talk to each other, their speech often seems to be little more than a vehicle for rage, hatred, and deception. -/- Democratic Speech in Divided Times (...) argues that we should nevertheless not give up on the ideal of democratic public speech. Drawing on the resources of political theory, epistemology, and philosophy of language, this book develops a sustained account of the norms that should govern public discourse in deeply divided circumstances. Should we try to find common ground when we talk to our political opponents, even though they seem unreasonable? Should we refrain from expressing anger, if we want to get things done? How can we use our speech to fight hate speech and disinformation? And is it even possible to speak to 'the other side,' in settings where different groups dislike one another, live apart from one another, and don't know much about one another? By tackling these questions, Lepoutre demonstrates that, when governed by the right set of norms, public speech can be a powerful force for good even amidst profound social divisions. (shrink)

Hans Kelsen refused to develop a democratic theory of the basic norm. Given that he expounded a strong distinction between law and politics as two separate scientific disciplines he consistently argued against any attempt to politicize legal science and corrupt its object of cognition. As a result, there has been very little discussion of the basic norm in relation to his democratic theory. This article attempts to fill this gap by tracing the relationship between the basic (...) norm and democracy in Kelsen’s legal and political writings. More precisely, it maps Kelsen’s seminal distinction between autonomy and heteronomy onto his reflections on constitutional making and probes the anti-democratic implications of his theory of the basic norm as they undermine the normative foundations of democratic theory. The article concludes by addressing the question of whether it is possible to articulate a theory of the democratic ground norm, of democratic foundings with a normative content, by proposing the idea of an immanent, performative basic norm as the source of validity of a democratic constitutional order Key Words: Hannah Arendt • basic norm • constitu ere • constitutional making • democracy • immanent norm • Hans Kelsen. (shrink)

The normative theory of multilateral democratic integration starts within the context of liberal peoples engaged in the common realization of rights, freedoms, and life chances for their citizens while seeking to preserve self-government and popular sovereignty. The point argued in the paper is that the fair terms of multilateral democratic integration must be determined by an integrated original position of citizen and people representatives choosing basic principles of liberal multilateralism. The proposal to merge the two Rawlsian (...) original positions offers a political solution to the contrast between rival conceptions of grand universalism and national particularism. After a general discussion of the wider problematic and the original position, I explain the concept and the reality of multilateral democratic integration. In part three, I justify why citizen and people representatives ought to be seen as participants of the original position of multilateral democratic integration. I then assess the rational motives of both types of representatives and determine the veil of ignorance of the integrated original position. In section, the original position is applied to the test of several normative hypotheses prima facie considered as candidates for basic principles of multilateral democratic integration. These principles are not necessarily new, but they are principles which presumably apply to multilateral democratic integration as a specific political order and system of cooperation. (shrink)

A conception of legitimacy is at the core of normative theories of democracy. Many different conceptions of legitimacy have been put forward, either explicitly or implicitly. In this article, I shall first provide a taxonomy of conceptions of legitimacy that can be identified in contemporary democratic theory. The taxonomy covers both aggregative and deliberative democracy. I then argue for a conception of democratic legitimacy that takes the epistemic dimension of public deliberation seriously. In contrast to standard (...) interpretations of epistemic democracy, however, the conception I put forward avoids procedure-independent standards of correctness. Instead, it relies on a procedural social epistemology and defines legitimacy entirely in terms of the fairness of procedures. I call this conception of democratic legitimacy `Pure Epistemic Proceduralism'. I shall argue that it should be preferred over `Rational Epistemic Proceduralism', the conception of legitimacy that underlies the standard interpretation of epistemic democracy. Key Words: legitimacy • deliberative democracy • epistemic democracy • social epistemology. (shrink)