I want to enquire into the relationship between the normative claims of a society and the normative stances of its members. I shall develop a contractarian perspective, as the only one available to persons who may neither expect nor require their fellows to share their own orientation to values and norms. Although I only touch on these matters here, I hope to contribute to an interpretation of the clauses on the establishment and exercise of religion in the First Amendment to (...) the United States constitution, and to suggest guidelines for determining rights and duties in becoming and being a parent. More generally, I offer answers to certain questions about how social practices and institutions may be justified in a democratic society. (shrink)

How to demarcate the political units within which democracy will be practiced? Although recent years have witnessed a steadily increasing academic interest in this question concerning the boundary problem in democratic theory, social contract theory’s potential for solving it has largely been ignored. In fact, contract views are premised on the assumption of a given people and so presuppose what requires legitimization: the existence of a demarcated group of individuals materializing, as it were, from nowhere and whose members agree (...) among themselves to establish a political order. In order to fill this gap in social contract theory, a distinction is made between three kinds of contract views: Lockean political voluntarism, contractarianism, and contractualism. Each of these views can be interpreted in such a way that it offers a democratic solution to the boundary problem. Ultimately, however, a Rawlsian interpretation of the contractualist solution is defended. (shrink)

This paper identifies and responds to four critiques of democratic contractarianism, as advocated in Democratic Justice and the Social Contract, to be found in this symposium. The first is that, as a contingent practice-dependent account of justice, democratic contractarianism lacks the capacity to explain civic cooperation. The second is that, despite its intentions, Democratic Justice does not lay out an authentic contractarian theory. The third is that the theory is incompatible with our considered judgements (...) about justice. And the fourth is that the ambition of Democratic Justice to use the empirical method to compensate for the failures of hypothetical contract theory fails because all social science needs interpretation. To each of these critiques, replies are offered, drawing attention to the way in which democratic contractarianism exemplifies a logic of social cooperation to mutual advantage that is compatible with justice provided the cooperation emerges from a bargaining situation of roughly equal power. (shrink)

It is argued that John Rawls’ theory of social justice as well as the contract argument for it are misleading, if not actually mistaken, in that they appear to take institutional features of societies as fundamental objects of moral evaluation. An alternative view: is expounded. Principles involving institutional features are only contingently related to principles involving the distribution of things people care about. These distributions are taken as the fundamental objects of moral evaluation. Social, political and economic institutions are means (...) to achieve more desirable distributions. It is argued that the alternative provides a more accurate reconstruction of the moral foundations of social-democratic liberalism than does Rawls’ theory. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 1, Page 128-150, January 2022. In this article, I engage with what relevant literature addresses as the ‘paradox of democracy’ and trace it back to the dialectic between authorization and representation established by social contract theories. To make my argument, I take Rousseau’s Social Contract as a paradigmatic example of the paradox and analyse it in light of Hegel’s critical response. My aim is to show that, although Rousseau rejects the idea of representing (...) the popular will, representation resurfaces in his Republic from top to bottom and engenders a structural opposition between citizens and rulers: drawing on the Hegelian scrutiny of contractarianism, I focus on three key moments in Rousseau’s theory, namely the Lawgiver, the majority rule and the executive power. After illustrating how the social contract undermines democratic participation in deliberative processes, I suggest that Hegel’s philosophy of right overcomes the paradox by positively assuming it as a dialectical contradiction that requires a specific constitutional approach to democracy. In this sense, I argue, the Hegelian perspective on democratic deliberation helps us to better frame Rousseau’s ambition to conceive the Republic as a free community of equals and urges us to elaborate a more coherent understanding of participation in a pluralistic society. (shrink)

In this article, I engage with what relevant literature addresses as the ‘paradox of democracy’ and trace it back to the dialectic between authorization and representation established by social contract theories. To make my argument, I take Rousseau’s Social Contract as a paradigmatic example of the paradox and analyse it in light of Hegel’s critical response. My aim is to show that, although Rousseau rejects the idea of representing the popular will, representation resurfaces in his Republic from top to bottom (...) and engenders a structural opposition between citizens and rulers: drawing on the Hegelian scrutiny of contractarianism, I focus on three key moments in Rousseau’s theory, namely the Lawgiver, the majority rule and the executive power. After illustrating how the social contract undermines democratic participation in deliberative processes, I suggest that Hegel’s philosophy of right overcomes the paradox by positively assuming it as a dialectical contradiction that requires a specific constitutional approach to democracy. In this sense, I argue, the Hegelian perspective on democratic deliberation helps us to better frame Rousseau’s ambition to conceive the Republic as a free community of equals and urges us to elaborate a more coherent understanding of participation in a pluralistic society. (shrink)

The central argument of this book is that liberalism, constitutionalism, and democracy, as well as, specifically, liberal constitutional democracy all work, when they do, because they serve the mutual advantage of the politically effective groups in the society through coordination of those groups on a political and, perhaps, economic order. These arguments are applied both to the early history of constitutional developments in the United States and to contemporary transitions from autocratic regimes to market democracies. A subsidiary claim is that (...) constitutional political institutions and democratic procedures generally require not so much active support as merely acquiescence in order to survive and work. These are explanatory theses, not normative claims, but they have relevance for normative claims if one takes seriously some relative of Kant's dictum that ought implies can. If we are to insist that some form of government is normatively right for a particular society, we must be able to say that it would or could work for that society. It is commonly argued that what makes democracy right is that it works by consent. If so, it is such a distressingly minimal form of consent—acquiescence—as to be normatively disqualified. If we rule out mere acquiescence as adequate for consent, it seems likely that no credible argument can be adduced to defend liberal constitutional democracy in any detail on grounds of consent or contractarianism. Hence, concern for workability, which should be central to any moral assessment of principles of social order, undercuts the entire consent school of political theory. (shrink)

Americans today are far less likely to trust their institutions, and each other, than in decades past. This collapse in social and political trust arguably fuels our increasingly ferocious ideological conflicts and hardened partisanship. Many believe that our previously high levels of trust and bipartisanship were a pleasant anomaly and that we now live under the historic norm. Seen this way, politics itself is nothing more than a power struggle between groups with irreconcilable aims: contemporary American politics is war because (...) political life as such is war. -/- Must Politics Be War? argues that our shared liberal democratic institutions have the unique capacity to sustain social and political trust between diverse persons. In succinct, convincing prose, Kevin Vallier argues that constitutional rights and democratic governance prevent any one ideology or faith from dominating all others, thereby protecting each person's freedom to live according to her values and principles. Illiberal arrangements, where one group's ideology or faith reigns, turn those who disagree into unwilling subversives, persons with little reason to trust their regime or to be trustworthy in obeying it. Liberal arrangements, in contrast, incentivize trust and trustworthiness because they allow people with diverse and divergent ends to act with conviction. Those with opposing viewpoints become trustworthy because they can obey the rules of their society without acting against their ideals. Therefore, as Vallier illuminates, a liberal society is one at moral peace with a politics that is not war. (shrink)

This article addresses the problem of ‘the legitimacy of the people’, that is, what constitutes the legitimate demarcation of the political units within which democracy is practiced? It is commonplace among philosophers to argue that this problem cannot be solved by appeal to democratic procedure because every attempt to do so results in an infinite regress. Based on a social contract theoretical analysis of the problem, this view is rejected. Although contract theorists have ignored the problem of the legitimacy (...) of the people, this article nevertheless argues for one specific, and currently dominant, type of contract view – ‘contractarianism’ – that it contains the conceptual tools to solve it. In a contractarian view, the people are understood as a cooperative venture for mutual advantage and accordingly consist of only those individuals for whom it is mutually beneficial to bind themselves to one another. It is argued that contractarianism offers a procedurally democratic solution to the problem of the legitimacy of the people that does not cause an infinite regress. Furthermore, this article refutes a classic criticism of contractarianism’s account of moral standing. Finally, the article demonstrates contractarianism’s practical implications for one specific articulation of the problem of the legitimacy of the people, namely, immigration. (shrink)

First published in 1987. This study is concerned with the problem of political obligation, the normative question of why one should obey the law, and with social contract thought as an answer to this question. It is entitled a critique, but the critique is not of social contract theory as such, but rather of the "orthodox" treatment of contract that yields so readily to the rough handling and easy rejection that is the normal lot of contractarianism in contemporary treatments. (...) In its place will be suggested a reinterpretation of contract that sees it as making different assumptions and requiring different premises, and that is proof against many of the orthodox refutations of social contract theory; the reinterpretation is thus in the nature of a vindication. First, from an examination of the most commonly cited champions of contractarianism will be derive a reinterpretation of contract in the form of a new model or syllogism, the features of which will be brought out by contrasting it first with the contemporary ideas of John Rawls and then with the orthodox model itself. Democratic consent theory, as the heir to the remnants of the orthodox model, will be examined, and the ideas of T. H. Green will be considered as embodying an important feature of contractarianism omitted or ignored by the orthodox model Finally, the new model of contract will be suggested as a potentially useful approach to the problem of political obligation in the modern context. This title will be of interest to student of politics and philosophy. (shrink)

In this article, I argue that political philosophers like Rawls and Habermas that characterize their methods as non-metaphysical or postmetaphysical depend on constitutions in order to provide a positive and public reference point for democratic participants. Michelman shows how this dependency is problematic, by contending that disagreement about the meaning of constitutional rights and the indeterminacy of their application undermines the rationality of consensus. I argue that his concerns raise serious problems for Rawls’ theory. Habermas, on the other hand, (...) has some tools to deal with Michelman’s critique — namely, his distinction between discourses of justification and application, and his idea of constitutional patriotism — but he must concede that much of the substance of constitutional democracy is basically up for grabs. I conclude by suggesting why these consequences are less threatening than they may seem. (shrink)

Doing philosophy for/with children and exposing students to multiple perspectives, exemplified within the Austrian Centre of Philosophy with Children’s implementation project of the Philosophical Enquiry Advancing Cosmopolitan Engagement (PEACE) curriculum in schooling, may offer a valuable written, taught, and tested curriculum for democratic citizenry. This paper provides an analysis that seeks to present, describe, critique, and make recommendations on the PEACE curriculum. The paper asks the question: In what ways does the Philosophical Enquiry Advancing Cosmopolitan Engagement as a 21st (...) century curriculum address education for democratic citizenry? In this evaluation the ways in which issues of culture and identity, human rights and democracy are perceived and addressed, along with issues of critical thinking and reasoning in verbal and non-verbal language are attended. Concepts of collaboration, cooperation, teacher support and development are also critiqued. This critique is based on a ten-day Austrian Center of Philosophy with Children conference and training course on the PEACE curriculum, and consists of open-ended interviews, personal observations, and published reports on pre- and post-test results of the PEACE curriculum. Exploring the integration of the Austrian Center of Philosophy with Children PEACE curriculum and the Philosophy for/with Children methodology, this paper utilizes Hansen’s (1995) five principles for guiding curriculum development practice as a framework for analysis. It is hoped that findings and recommendations from this study may stir further exploration and contribute to the work of Philosophy for/with Children in democratic education for 21st century citizenry worldwide. (shrink)

Doing philosophy for/with children and exposing students to multiple perspectives, exemplified within the Austrian Centre of Philosophy with Children’s implementation project of the Philosophical Enquiry Advancing Cosmopolitan Engagement (PEACE) curriculum in schooling, may offer a valuable written, taught, and tested curriculum for democratic citizenry. This paper provides an analysis that seeks to present, describe, critique, and make recommendations on the PEACE curriculum. The paper asks the question: In what ways does the Philosophical Enquiry Advancing Cosmopolitan Engagement as a 21st (...) century curriculum address education for democratic citizenry? In this evaluation the ways in which issues of culture and identity, human rights and democracy are perceived and addressed, along with issues of critical thinking and reasoning in verbal and nonverbal language are attended. Concepts of collaboration, cooperation, teacher support and development are also critiqued. This critique is based on a ten-day Austrian Center of Philosophy with Children conference and training course on the PEACE curriculum, and consists of open-ended interviews, personal observations, and published reports on pre- and post-test results of the PEACE curriculum. Exploring the integration of the Austrian Center of Philosophy with Children PEACE curriculum and the Philosophy for/with Children methodology, this paper utilizes Hansen’s (1995) five principles for guiding curriculum development practice as a framework for analysis. It is hoped that findings and recommendations from this study may stir further exploration and contribute to the work of Philosophy for/with Children in democratic education for 21st century citizenry worldwide. Keywords: Democratic education, Philosophy for/with Children, Philosophical Enquiry Advancing Cosmopolitan Engagement (P.E.A.C.E.) Curriculum, Curriculum development, 21st Century citizenry, critical thinkin. (shrink)

Robert J. Lacey has reservations about both the philosophical roots and the institutional legacy of American participatory democracy. In his combination of political philosophy and intellectual history, Lacey explores several ideas that he takes to be central to participatory democracy in America. Although students of pragmatism may be unsatisfied with some of Lacey’s evaluative conclusions, this book looks at a well-worn topic with new eyes, and offers a fresh interpretation of democratic thought in America. The central event around which (...) this book pivots is the 1962 meeting of Students for a Democratic Society, which culminated in the Port Huron Statement. For Lacey, we can understand this moment .. (shrink)

Democracy in Spite of the Demos challenges democratic authority when the people are no longer able to make good decisions in an economic environment generating systemic social delusion. However, the solution offered to overcome the stalemate remains precarious, and the tension between democracy and emancipation is addressed with wrong conceptual tools. This calls for a reflection on the conditions for a democratically legitimate refoundation of democracy, bridging the gap between critical and democratic theory.

This paper argues that it is important for educators in democratic education to understand how the rise of right-wing populism in Europe, the United States and around the world can never be viewed apart from the affective investments of populist leaders and their supporters to essentialist ideological visions of nationalism, racism, sexism and xenophobia. Democratic education can provide the space for educators and students to think critically and productively about people’s affects, in order to identify the implications of (...) different affective modes through which right-wing populism is articulated. Furthermore, this paper points out that ‘negative’ critique of the affective ideology of right-wing populism is not sufficient for developing a productive counter politics. An affirmative critique is also needed to set alternative frames and agendas which endorse and disseminate alternative concepts and affective practices such as equality, love and solidarity. These ideas provide critical resources to democratic education for developing a culture and process of democracy that transcends the negativity of mere critique of either right-wing populisms or inadequate forms of democracy. (shrink)

This paper argues that it is important for educators in democratic education to understand how the rise of right-wing populism in Europe, the United States and around the world can never be viewed apart from the affective investments of populist leaders and their supporters to essentialist ideological visions of nationalism, racism, sexism and xenophobia. Democratic education can provide the space for educators and students to think critically and productively about people’s affects, in order to identify the implications of (...) different affective modes through which right-wing populism is articulated. Furthermore, this paper points out that ‘negative’ critique of the affective ideology of right-wing populism is not sufficient for developing a productive counter politics. An affirmative critique is also needed to set alternative frames and agendas which endorse and disseminate alternative concepts and affective practices such as equality, love and solidarity. These ideas provide critical resources to democratic education for developing a culture and process of democracy that transcends the negativity of mere critique of either right-wing populisms or inadequate forms of democracy. (shrink)

ABSTRACTWhile conspiracies have always been with us, conspiracy theories are more recent arrivals. The framing of conspiracy theories as rooted in erroneous or delusional belief in conspiracies is characteristic of “positive” approaches to the topic, which focus on identifying the causes and cures of conspiracy theories. “Critical” approaches, by contrast, focus on the historical and cultural construction of the concept of conspiracy theory itself. This issue presents a range of essays that cut across these two broad approaches, and reflect on (...) the problematic relationship between conspiracy theory and democratic politics. (shrink)

If we hope to see values of equality and democracy embodied in our societies’ institutions, then we have a range of good reasons to favor expansive public provision of goods and services, and to oppose many forms of privatization. While Joseph Heath is right to argue that there are at least some forms of ‘anodyne privatization’, and while he is also right to argue for a more nuanced philosophical debate about the different dimensions of choice between forms of public and (...) private provision, Heath fails to register various regards in which private provision can undermine these central public values. We often have strong egalitarian and democratic reasons to protect zones of decommodification; to resist the imposition of user-charges; and to favor insourcing and direct public procurement over various forms of outsourcing of public services. Public libraries provide a totemic illustration of some of the deep virtues of collective public provision in democratic societies. Overall, our reasons to reject privatization are stronger and more diverse than theorists such as Heath might have supposed. (shrink)

This book examines fundamental questions about funding for the arts: why should governments provide funding for the arts? What do the arts contribute to daily life? Do artists and their publics have a social responsibility? Challenging questionable assumptions about the state, the arts and a democratic society, Lambert Zuidervaart presents a vigorous case for government funding, based on crucial contributions the arts make to civil society. He argues that the arts contribute to democratic communication and a social economy, (...) fostering the critical and creative dialogue that a democratic society needs. Informed by the author's experience leading a non-profit arts organisation as well as his expertise in the arts, humanities and social sciences, this book proposes an entirely new conception of the public role of art with wide-ranging implications for education, politics and cultural policy. (shrink)

Contractualism/Contractarianism collects, for the first time, both major classical sources and central contemporary discussions of these important approaches to philosophical ethics. Edited and introduced by Stephen Darwall, these readings are essential for anyone interested in normative ethics.

ABSTRACTThe normative ideals and feasibility of deliberative democracy have come under attack from several directions, as exemplified by a recent book version of a special issue of this journal. Critics have pointed out that the complexity of the modern world, voter ignorance, partisanship, apathy, and the esoteric nature of political communications make it unlikely that deliberation will be successful at creating good outcomes, and that it may in fact be counterproductive since it can polarize opinions. However, these criticisms were aimed (...) at “micro” theories of deliberative democracy. The new “systemic” turn in deliberative democracy avoids these problems by positing a system-wide division of labor in a nation-state: experts and ordinary citizens “check” each other's opinions; partisanship and even ignorance can spur deliberation among citizens; and citizens may remain apathetic about some issues but deliberate about others. So long as the overall level of systemic deliberation increases, instead of decreases, the ideal of deliberation is still relevant in a society as complex as ours. (shrink)

A prominent feature of American political consciousness is a desire to propagate democracy throughout the world. In our enthusiasm to share what we enjoy, Jacques Barzun sees that little attention is paid to exactly what we are trying to distribute. Through a brief historical survey of democracy, he shows that our popular conception of the term does not correspond with any particular definition. U.S. democracy has no central text and is distinctly different, in theory and in practice, from the democracy (...) of other states, both historical and contemporary. Democracy is an abstract ideal that is a function of time. Its present incarnation in the United States emphasizes freedom and equality through the means and language of specific personal rights. Barzun sees an internal tension in this formulation, one that ultimately threatens both freedom and equality if exported to the rest of the world. (shrink)