ABSTRACT While democratic states may manipulate public opinion and mobilize society to serve their interests, a focus on such active efforts may distract us from the passive, default condition of ignorance‐based state autonomy. The electorate’s ignorance ensures that most of what modern states do is unknown to “society,” and thus need not even acquire social approval, whether manipulated or spontaneous. Similarly, suggestions that democratic states may be “captured” by societal groups must take cognizance of the factors that (...) enable elites to serve the interests of specific societal groups at the expense of the larger society. Bringing studies of voter ignorance into the analysis of state’s autonomy from society provides a novel approach to the study of democratic states’ autonomy, while also serving to explain how societal “capture” of state policies is possible. (shrink)

Is there a principled way to understand what liberal democratic states owe, as a matter of justice, to the victims of disasters? This article shows what is normatively special and distinctive about disasters and argues for the view that there are substantial duties of justice for liberal democratic states. The article rejects both a libertarian and a utilitarian approach to this question and, based on broadly Rawlsian principles, argues for a ‘political definition’ of disasters that is concerned with (...) the restoration of citizens' dignity and their capacities for effective citizenship. (shrink)

This article will present the argument for treating democratic states as moral and not only legal collective entities; that is, it will apply the theory of collective rights of cultural groups in a (closed) domestic political setting to democratic states in international relations. Numerous experiences by self-identifying cultural groups bear witness to the fact that morally important objectives are not always reached by merely treating individuals as the sole bearers of moral status. In order to prevent latent cultural (...) imperialism, many countries around the world have adopted various models of collective rights protection and policies of preferential treatment for these groups. This article will examine whether it is possible to make a parallel between cultural groups and democratic states; in particular, whether it is feasible to think of democratic states as moral entities and what the normative implications of such a view for contemporary international relations and trade would be. (shrink)

This article addresses two central topics in normative debates on transnational citizenship: the inclusion of resident non-citizens and of non-resident citizens within the demos. Through a critical review of the social membership (Carens, Rubio-Marin) and stakeholder (Baubock) principles, it identifies two problems within these debates. The first is the antinomy of incorporation, namely, the point that there are compelling arguments both for the mandatory naturalization of permanent residents and for making naturalization a voluntary process. The second is the arbitrary demos (...) problem and concerns who determines whether expatriate voting rights are granted (and on what terms). The argument developed provides a way of dissolving the first problem (and defending the proposed solution against possible objections) and resolving the second problem. In doing so it provides a defensible normative basis for the political theory of transnational citizenship. (shrink)

One of the major objectives in a democratic state is ensuring health security of the citizens including combating epidemic diseases. The subject matter of this article is the presentation and analysis of legal regulations regarding preventive vaccination in Poland, in particular the aspect of imposing a legal obligation and restricting parents’ right to express consent for medical intervention. The reflections made herein are aimed at finding an answer to the question whether the adopted legal solutions are admissible in (...) a democratic state with regard to ensuring health security. The purpose of the analysis is also to assess whether the abovementioned legal regulations have been formulated in a clear way and do not raise interpretation doubts and, consequently, whether they are comprehensible to the parents obliged to comply with them. As it follows from analysis of the legal provisions, parents must not refuse to subject a child to obligatory preventive vaccination and their consent is not required by law, both as regards the medical qualifying examination to exclude contraindications to performing vaccination and the vaccination itself. It is a legal obligation, from which exemption is only possible on grounds of certain medical conditions that would render vaccination inadvisable. The legal provisions that concern obligatory preventive vaccination in Poland, including in particular those referring to its enforceability, have not been formulated in a way that is sufficiently comprehensible to parents who are under the obligation of complying with them, irrespective of the fact that the language of the provisions of law should be clear and raise no interpretative doubts. In a democratic state the protection of public health against epidemic hazards justifies the implementation of legal solutions that restrict an individual’s freedom of self-determination, thus limiting the right of patients or their statutory representatives to grant or refuse consent for a medical intervention in the form of preventive vaccination – the purpose of this legal solution being to prioritize the safeguarding of state health security. It is vitally important to engage in a social dialogue with the purpose of convincing the public of the need for vaccination, its significance and its implementation for the better good. (shrink)

In this exciting and challenging account of the development and sustainability of the liberal democratic state, Ajume H. Wingo offers a completely new perspective from that provided by political theorists. Such theorists will typically argue for the basic values of liberal democracies by rationally justifying them. This book argues that it is non-rational factors - rhetoric, symbols, traditions - that more often than not provide the real source of motivation. Drawing from both historical and philosophical sources Ajume H. (...) Wingo demonstrates that these 'veils', as he calls them, can play an essential role in a thriving, stable liberal democratic state. This theory of veil politics furnishes a conceptual framework within which we can reassess the role of aesthetics in politics, the nature and function of political myths in liberal democracies, and the value of civic education. (shrink)

In this review of Ezra Suleiman's book I explain his argument that democracies need independent professional bureaucracies with Weberian "impersonal" authority, and that the greatest threat to the authority of government and the health of democracy is the trend towards turning bureaucracy into an instrument of the governing political party of the day.

This article takes a parsimonious conception of a developed State operating under a minimalist conception of democracy and asks whether such a State must fully resource any tertiary (post-compulsory) education for its citizens A key public policy barrier to arguing an absolute obligation for the State to resource any tertiary education is considered; namely, the fact of scarce resources creating competing obligations for the State. This article argues even a minimalist conception of democracy requires that States (...) fully resource some tertiary (post-compulsory) education, regardless of whether directing resources away from other public needs results in the non-prevention of some avoidable suffering and death. A policy recommendation for resourcing this education is considered, and an alternative policy proposed. (shrink)

In the aftermath of September 11, 2001, policy makers and others have debated the question of whether or not the United States should torture in an effort to prevent terrorist attacks. In a series of controversial essays, the legal theorist Alan Dershowitz argues that, if a democratic society is going to torture, it should at least be done under the cover of law. To that end, he recommends establishing a legal mechanism by which a judge could issue torture warrants—much (...) as they do now for search warrants. In this essay, I examine Dershowitz's proposal in light of Michael Walzer's classic essay on dirty hands. Just as Walzer uses political theater as a lens for viewing the issue of political assassination, I similarly draw upon a dramatic response to Dershowitz's proposal to think through the issue of torture warrants. (shrink)

This article takes a parsimonious conception of a developed State operating under a minimalist conception of democracy and asks whether such a State must fully resource any tertiary education for its citizens A key public policy barrier to arguing an absolute obligation for the State to resource any tertiary education is considered; namely, the fact of scarce resources creating competing obligations for the State. This article argues even a minimalist conception of democracy requires that States fully (...) resource some tertiary education, regardless of whether directing resources away from other public needs results in the non-prevention of some avoidable suffering and death. A policy recommendation for resourcing this education is considered, and an alternative policy proposed. (shrink)

I bring you greetings from the United States, where its citizens have been closely following the events of the past three weeks. There has been a great change in the feelings of common American people towards the Russian people. Many have expressed their sense of identity and solidarity with the people of Moscow and St. Petersburg as they witnessed the resistance for the attempted coup. Americans have enormous respect for constitutional government as well as for democracy, and they saw the (...) coup as unconstitutional from the start. A major factor was the television news service. The major American broadcast networks  NBCD, CBS, ABC  and the cable networks, especially CNN  provided often live coverage throughout the days and nights of events in the streets and squares of Moscow, and later in the halls of the Soviet and Russian Parliaments. We witnessed press conferences, from one with the committee of 8 to one 3 nights ago in which Boris Yeltsin and Mikhail Gorbachev spoke with the American people. We made our individual judgments about events, often listening to debates between experts and scholars on Soviet affairs  some Russian, some Ukrainian, some from the Baltic states  and we spoke frequently and freely with one another  even some of discussions with our friends were televised. We experienced fear and dread as it seemed great military forces were being brought to bear on your White House. We wept with grief and rage as the deaths of Russians confronting tanks were reported. We cheered to see Russian women scolding soldiers in the streets. In the aftermath, there has been much discussion of Russia’s needs and how Americans might help. In that curious mixture of avarice and beneficence that is the way of American business, discussions were held on starting a restaurant, and import service, on how to use rubles to pay for local expenses and hard currency for profit-taking. (shrink)

The thesis that `1968' resulted in the rise of the individual, on the one hand, and the end of politics, on the other, is critically discussed by interpreting the events of 1968 as a project of emancipation and by distinguishing between the individual and the collective aspects of emancipation.

This edited volume takes a close look at Nicos Poulantzas’s thought as a means of understanding the dynamics of the capitalist, neoliberal state in the 21st century. Nicos Poulantzas has left us with one of the most sophisticated theories of the state in the second half of the 20th century. Poulantzas’s influential theory draws inspiration from Marx, Lenin, Weber, and Foucault, among other thinkers, conceiving of the relationship between capitalism and the state as particularly original. This book (...) aims to use Poulantzas’s theory of the capitalist state in order to understand important political and economic trends that have taken place since Poulantzas’s death in 1979. By entering into a dialogue with current Marxist and critical research in diverse fields such as political science, philosophy, sociology, history, and geography, this volume purports to evaluate the actuality of Poulantzas’s thought. (shrink)

¿Deben tener derecho los estados democráticos liberales a excluir a los inmigrantes de su territorio? Este artículo cuestiona dos argumentos centrales a favor del control de las fronteras: (1) el derecho exclusivo del estado al asentamiento en un determinado territorio; y (2) el derecho exclusivo de los ciudadanos y residentes legales a la pertenencia a dicho estado. El artículo muestra que los estados contemporáneos no mantienen una vinculación inexorable a un trozo particular de tierra que les permita justificar el derecho (...) exclusivo de asentamiento y que los habitantes no pueden defender coherentemente su restricción unilateral al acceso a la pertenencia. Para terminar, el artículo desarrolla una visión alternativa de los derechos territoriales estatales. (shrink)

A new explanation of the relation between schooling and work in the democratic, advanced industrial state emerges from this study that rejects both traditional views and the more recent Marxian perspective. Traditional views consider schools as autonomous institutions that are able to pursue the goals of equality and social mobility irrespective of the inequalities of capitalist society; the Marxian perspective views schools as serving the role of producing wage-labor for capitalistic exploitation. The authors suggest that the shortcomings of (...) both views are rooted in the fact that they do not recognize the true functions of the democratic, capitalist state. The state is seen as an arena for struggle between forces pushing for egalitarian, democratic reforms and those seeking to use the resources of the state for private capital accumulation. Depending on which side has primacy at the moment, schools will reflect one set of goals over the other. However, victory is never complete, and the tide of battle has shifted back and forth historically. The authors develop this theory through interpreting the dynamic relation between U.S. schools and the workplace. Based on this approach, they predict changes in both schooling and work as well as the forms that future conflicts between the contending forces are likely to take. (shrink)

This article considers two questions: Do democratic states have the right to deport non-citizens present or residing on their territory? And, if so, what principles should guide deportation in democratic states? The overall objective is to offer an account of what deportation should look like in a liberal democratic state. I begin by situating the practice of deportation in larger discussions of the extent of state discretion in controlling both borders and membership; here, I will (...) argue that potential deportees occupy an awkward middle space, i.e. it is not clear whether they should be treated according to the principles that regulate discretion at the border or discretion in admitting migrants to membership. I then consider more deeply whether deportation can be rendered non-arbitrary, or whether it is bound to remain unjustly applied; where it cannot be rendered non-arbitrary, it must be rejected, or so I shall argue. To be non-arbitrary, the practice of deportation must meet three criteria: a publicity criterion, a justification criterion, and a collective interest criterion. In the final section of the article, I disentangle deportation into its component parts – I distinguish just cause for deportation from just action in deportation – and consider how the criteria that stem from a commitment to non-arbitrariness constrain its application to non-citizen residents. The consequence of requiring deportation to be applied, if at all, in a non-arbitrary way is that there will certainly be cases where liberal democracies find themselves unable to deport those who might otherwise be thought eligible for deportation. Ultimately, I conclude that deportation from liberal democratic states can be fair only in a small number of cases. (shrink)

Unlike most Western nations, Israel does not recognize full separation of church and state but seeks instead a gentle fusion of Jewish and democratic values. Inasmuch as important religious norms such as sanctity of life may clash with dignity, privacy, and self-determination, conflicts frequently arise as Israeli lawmakers, ethicists, and healthcare professionals attempt to give substance to the idea of a Jewish-democratic state. Emerging issues in Israeli bioethics—end-of-life treatment, fertility, genetic research, and medical ethics during armed (...) conflict—highlight this conflict vividly. (shrink)

In this paper it is argued that the corresponding rise of postmodernism and the triumph of neo-liberalism are not only not accidental, the triumph of neo-liberalism has been facilitated by postmodernism. Postmodernism has been primarily directed not against mainstream modernism, the modernism of Hobbes, Smith, Darwin and social Darwinism, but against the radical modernist quest for justice and emancipation with its roots in German thought. The Social Democratic State, the principles of which were articulated by Hegel, is construed (...) as a partial triumph of this radical modernism, realizing a higher level of reciprocal recognition and overcoming much of the brutality of the Liberal State. Postmodernism is shown to be a manifestation of the decadence of the Social Democratic State, characterized by the disintegration of cognitive and ethical developments which have been the condition for people to form communities based on reciprocal recognition. In this regard it parallels the decadence which took place in ancient Rome, for similar reasons: both the Roman Empire and the Social Democratic State reduced people to passive recipients of the benefits of their societies. The implications of this are twofold. If Social Democracy is to be revived, it will require a struggle for ‘strong’ democracy; that is, for a major role for participatory democracy. On the other hand if people opt for the creation of confederations of genuinely democratic communities to replace the State, this will not be achieved by postmodern decadence but through the developments of cognitive forms and communities through which the recognition of people as free agents is instititionalized. (shrink)

One source of tension within and between modern nation states derives from conflict between individual and cultural rights. Modern democracies have been built on ideas of individual liberty whose extensions to the rights of culturally distinctive groups to survival and acceptance can create normative and political conflict. Such tensions raise questions about the role of the state, the underlying theory legitimising liberal states, and the social aims of education. Philosophical aspects of such conflicts are explored in Kevin McDonough and (...) Walter Feinberg’s excellent volume, Citizenship and Education in Liberal-Democratic Societies: Teaching for Cosmopolitan Values and Collective Identities. The philosophical issues hinge on how individuals and groups are conceived, as well as how liberty and loyalty are understood. Most of the essays address these concepts in pragmatic rather than essentialist ways, suggesting that how these issues are conceived is itself an important part of the problem, or its resolution. I conclude by suggesting that all of these doctrines are faiths, the problem being to create conditions so that they, or their elements, can be accepted or rejected reasonably in the light of their social consequences. (shrink)

This study explores freedom and equality as necessary constituents of a liberal democratic state. At the same time, equality and freedom conflict in various respects. It is examined how such conflicts may optimally be resolved while taking seriously the interests involved. These inquiries have far-reaching consequences for the justification of the liberal democratic state. Equal rights are generally considered to be an integral part of a liberal democratic state, but on what foundation are such (...) rights based? Various attempts have been made to provide such a foundation from a moral framework. Some important and influential positions are examined critically and an alternative perspective is offered. "Equality" is approached straightforwardly, without appealing to obscure notions while seeking an outcome that may universally be accepted. Rationality is an important feature in this respect. The question to what extent freedom should be allowed to citizens is another important issue. Granting citizens freedom is beneficial for the liberal democratic state as a whole and for citizens themselves. The limits of freedom must, however, be defined carefully. The search for a simple solution is balanced against the need to do the complexities of individual cases justice. In addition, it is not the task of a liberal democratic state to influence people’s convictions concerning equality ; only equal treatment should be guaranteed. (shrink)

One source of tension within and between modern nation states derives from conflict between individual and cultural rights. Modern democracies have been built on ideas of individual liberty whose extensions to the rights of culturally distinctive groups to survival and acceptance can create normative and political conflict. Such tensions raise questions about the role of the state, the underlying theory legitimising liberal states, and the social aims of education. Philosophical aspects of such conflicts are explored in Kevin McDonough and (...) Walter Feinberg’s excellent volume, Citizenship and Education in Liberal-Democratic Societies: Teaching for Cosmopolitan Values and Collective Identities. The philosophical issues hinge on how individuals and groups are conceived, as well as how liberty and loyalty are understood. Most of the essays address these concepts in pragmatic rather than essentialist ways, suggesting that how these issues are conceived is itself an important part of the problem, or its resolution. I conclude by suggesting that all of these doctrines are faiths, the problem being to create conditions so that they, or their elements, can be accepted or rejected reasonably in the light of their social consequences. (shrink)

Democracy is usually conceived as based on self-rule or rule by the people, and it is this which is taken to ground the legitimacy of the democratic form of government. But who constitutes the people? Democratic political theory has a potentially fatal weakness at its core unless it can answer this question satisfactorily. In _The Time of Popular Sovereignty_, Paulina Ochoa Espejo examines the problems the concept of the people raises for liberal democratic theory, constitutional theory, and (...) critical theory. She argues that to solve these problems, the people cannot be conceived as simply a collection of individuals. Rather, the people should be seen as a series of events, an ongoing process unfolding in time. She then offers a new theory of democratic peoplehood, laying the foundations for a new theory of democratic legitimacy. (shrink)

This paper will attempt to defend the thesis that it is impossible to understand the proper role of private philanthropy in a free and democratic society without examining certain fundamental questions about the proper roles of the state and about the rights and obligations of owners of private property. It will defend that thesis by presenting arguments for four subordinate theses: there are historical and philosophical reasons for being skeptical about the role of private philanthropy in a free (...) and democratic state; these reasons can be met by certain familiar responses, but these responses are not fully satisfactory; certain radical libertarian views, and more moderate versions of those views, would provide a basis for an alternative understanding of the role of private philanthropy in a free and democratic state; whether or not one accepts those views, one can also better understand that role if one adopts a view of the state which emphasizes its role in the promotion of the virtues. Historical and Philosophical Doubts The skeptical challenge to the claim that there is an important role for private philanthropy in a free and democratic state can be put very simply. It is the challenge that the emergence of strong but democratic states, with the concurrent emergence of a proper understanding of the extensive nature of legitimate state functions, has undercut the need for private philanthropy and its corresponding favorable tax treatment. It is the further claim that these developments, both historical and conceptual, have left private philanthropy with no significant role. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Women on the Global Market: Irigaray and the Democratic StateNicole Fermon (bio)Best known for her subtle interrogation of philosophy and psychoanalysis, Luce Irigaray clearly also conducts a dialogue with the political, proposing that women’s erasure from culture and society invalidates all economies, sexual or political. Because woman has disappeared both figuratively and literally from society [see Sen, “More Than 100 Million Women Are Missing”], Irigaray conceives the contemporary (...) ethical project as a recall to difference rather than equality, to difference between women and men—that is, sexual difference. She characterizes relations between men and women as market relations in which women are commodities, objects, but never subjects of exchange, objects to men but not to themselves: women do not belong to themselves but exist “to keep relationships among men running smoothly” [TS 192]. Women under these conditions require imaginative ways to reconfigure the self, to subvert the melancholy and regression of masculinist economies and envisage a future in which women would not be ashamed of the feminine, would experience it as a positivity worth emulating.Irigaray contends that after the gains of egalitarian politics are carefully examined, the inclusion of women in the political arena has failed to take into account women’s distinct and different position from men, and from each other, as well as perpetuating the fiction of the “neutral” citizen, the ahistorical individual citizen of the nation-state. It is that fiction Irigaray dispels in her critique of liberal democratic politics and its creation, “citizens who are neuter in regard to familial singularity, its laws, and necessary sexual difference” [SG 112] in order to benefit the State and its laws. The subject is male; the citizen is neuter. Who is the female citizen in contemporary society? What is the ethical elaboration of the contractual relations between women and men, and between sexed individuals and the community? How do women imagine a distinct set of rights and responsibilities based on self-definition and autonomy, given the particular strictures of contemporary politics—that is, the market-driven, antidemocratic nature of the current economic national and global forces? Irigaray suggests that “the return of women to collective work, to public places, to social relations, demands linguistic mutations” and profound transformations, an embodied imagination with force and agency in civil life [TD 65].Irigaray warns that if civil and political participation is construed in overly narrow terms, if focus is on economic or judicial “circuits” alone, we overlook the symbolic organization of power—women risk losing “everything without even being acknowledged” [TD 56]. Instead an interval of recognition can expand the political to include the concerns and activities of real women, lest silence imply consent to sexual neutrality, or more likely, to women’s obliteration under men’s interests and concerns. Women’s insistence on self-definition and wage labor, on love and justly remunerated work, [End Page 120] testifies to the obduracy of women’s difference, one that is not likely to disappear. The patriarchal family is still the legal norm, even when certain exceptions are made, while enduring questions regarding women’s health and children’s physical welfare as priorities beyond market considerations are consigned to legislative obfuscation, still a political afterthought. Instead, in the US the liberal state removes the slender welfare net specific to women and children, Aid to Families with Dependent Children, and fails to provide medical coverage to those who are among the most vulnerable of its citizens. Women without access to the legal protection of sex-neutral citizenship, poor working women without language (the money for an effective “mouthpiece” to represent their distress in a court of law), are further disempowered by liberal politics’ insistence on sexual neutrality—that is, on repression or amnesia regarding the lived experiences of women.Sexual difference is key to any project of self-definition by women. Irigaray insists on the sexual nature of this self-definition, not solely for its obvious procreative necessity, but because the natural world is a source of renewal and fecundity which requires attentive interrogation and respect [SG 15]. This rebirth seems alien to the structure of male politics, which instead seem to provoke disasters (Bhopal, Chernobyl, or the current runaway... (shrink)

In The Lesson of this Century Popper's purpose is to warn us against the increasing violence and egoism of our society. What solutions can we offer to the problems of the environment, demography and corruption? How can we prevent the violence our society engenders? How can we preserve our democratic system while at the same time paving the way for global peace? Popper believes that the philosopher has a duty to intervene in politics and he utters a clear call (...) to all of us to recognise our responsibilities. He reminds us that it is our actions which will create the world of tomorrow. The interviews in this volume were originally given to the Italian journalist Giancarlo Bosetti. The volume also includes the transcript of an interview about the moral dangers of television not previously available in English. (shrink)