‘Epistocracy’ is the name of a type of political power structure in which the power is held by the knowledgable—for example, by restricting the right to vote to those who can demonstrate sufficient knowledge. Though Plato and Mill defended epistocratic views, it has found few contemporary advocates. In a recent book, however, Jason Brennan argues that epistocratic power structures are capable of outperforming democratic ones. His argument is two-pronged: first, he argues that democratic procedures with universal suffrage allow poorly-informed voters (...) to pollute the electorate, and that doing so has negative policy-related consequences that are easily avoidable. Second, he argues that voting does not possess any non-intrinsic value, and so restricting suffrage to the educated does not result in a loss of status or standing for less well-educated persons in any meaningful way. I argue that epistocratic techniques are impossible to implement fairly, and represent an ineffective solution for the problems they are designed to solve. On these bases, I recommend rejecting it. (shrink)

Scholars disagree about the proper justification of human rights and which rights qualify as human rights. While some argue for a very limited set of human rights, others defend more comprehensive accounts. In this paper I suggest that a defence of a comprehensive set of human rights can be strengthened by combining constructivist deontological and well-being based teleological justifications. To this end, I discuss two prominent proponents of constructivism and the well-being approach: Rainer Forst and Simon Caney. Forst criticises teleological (...) justifications for grounding human rights in non-universalizable conceptions of the good, such as autonomy, that can reasonably be rejected by others. Constructivism, in contrast, does not rest on any particular idea of the good life and thus allows for greater ethical plurality. I reject this specific criticism, arguing that Caney’s approach ultimately allows for the same plurality. I also highlight that constructivism on its own cannot justify rights of people who are not (yet) able to reason. The well-being approach provides substantive arguments for the rights of these individuals. However, these arguments are made with the framework provided by constructivism. I hold, contra Caney, that Forst’s right to justification is primary in that it is the unavoidable basis from which justice issues can be dealt with in a reasonable way and that the main function of human rights is to protect the equal moral status of persons. I conclude that Forst’s constructivist and Caney’s well-being approach are complementary rather than rivalrous: when combined they provide a more robust justification for a comprehensive set of human rights than considered separately. (shrink)

Human rights are particularly relevant in contexts in which there are significant asymmetries of power, but where these asymmetries exist the human rights project turns out to be especially difficult to realize. The stronger can use their disproportionate power both to threaten others’ human rights and to frustrate attempts to secure their fulfillment. They may even monopolize the international discussion as to what human rights are and how they should be implemented. This paper explores this tension between the normative ideal (...) of human rights and the facts of asymmetric power. It has two objectives. The first, pursued in section 2, is to reconstruct and assess a set of important power-related worries about human rights. These worries are sometimes presented as falsifying the view that human rights exist, or at least as warranting the abandonment of human rights practice. The paper argues that the worries do not support such conclusions. Instead, they motivate the identification of certain desiderata for the amelioration of human rights practice. The paper proceeds to articulate twelve such desiderata. The second objective, pursued in section 3, is to propose a strategy for satisfying the desiderata identified in the previous section. In particular, the paper suggests some ways to build empowerment into the human rights project that reduce the absolute and relative powerlessness of human rights holders, while also identifying an ethics of responsibility and solidarity for contexts in which power asymmetries will not dissolve. Power analysis does not debunk the human rights project. Properly articulated, it is an important tool for those pursuing it. (shrink)

In this paper, I challenge Joshua Cohen’s denial of the existence of a human right to democracy, using for that purpose arguments presented by Cohen himself in other occasions. In a first section, I explain five contradictions in which I believe Cohen incurs with respect to his previous works. In a second section, I explain two conclusions that I believe can be derived from this development: first, that the right of peoples to self-determination does not impede the existence of a (...) human right to democracy, and second, that this reasoning is not only applicable to the domestic order, but also to global decision-making. (shrink)

Modern democracy attempted to solve the dilemmas posed by opposing features from various traditions through two strategies: representation, which allowed it to incorporate citizens’ conflicting interests within a restricted collegiate group that permitted deliberation and agreement, on one side, and universal choice of representatives and governments for limited periods of time, on the other. Since the first decades of the 20th century, this notion of democracy within the framework of a republican constitution was opposed by another one that rejected all (...) forms of parliamentarianism, discussion and public deliberation in the name of a “democracy” based on the identity and homogeneity of a mass of people under the hegemonic leadership of a party, centered around the will and decisions of a managing elite and a charismatic leader, viewed as the sole representative of the people themselves. Both forms of democracy –strict and perverted – are being harassed by the powers unleashed by globalization and transnationalisation that are becoming alien oligarchies, opposed to the notion of citizenship and restrictive of its rights. In liberal parliamentary democracies the functional imperative issued by the financial sector is channeled through a crisis cabinet that assimilates demands and transforms them by managing an ever-changing budget whose aim is to add new sufferings to the bulk of the population that can only counteract through protest. Given the constitutional backdrop of these societies, with their deep democratic network, the gradual transformation of the European Union into a transnational arena fuelled by “a club of chiefs of state” has only made yet more patent the oligarchic turn of its post-crisis evolution. In plebiscite democracies the turn was operated through a sovereign entrenchment of the power of the oligarchy on the pretext of resistance to the pressure set by globalization. Since the onset of the 90s, Latin America as well as countries in Eastern Europe have witnessed a gradual turn toward what O’Donnell has termed “delegative democracies”, or neo-populism, according to other authors. These regimes are characterized by exalting a populist leader, upholding him as a savior who will gauge the needs and wishes of the mass of individuals without intermediaries, focusing mainly on those who feel excluded from the mainstream of institutionalized democracy. This ensures feedback to populist regimes supported by a hegemonic political party that lives on State resources and on the rampant corruption it protects in order to finance ‘clientelism’ among those excluded from the system by the policies of the State itself. (shrink)