The classical model of democracy that Schumpeter criticizes is manufactured out of a variety of earlier ideas, not those of any one thinker or even one school of thought. His critique of the central ideals by which he defines the model--those of the common will and the common good--remains persuasive. People's preferences are too messy and too manipulable to allow us to think that mass democracy can promote those ideals, as he defines them. Should we endorse his purely electoral model (...) of democracy then, and accept that people do not exercise any control over government? Not necessarily. We can expand democracy to include the constitutional and contestatory constraints that people impose on their rulers. We may hope that people can rely on such democratic controls to ensure that government operates by community standards. (shrink)

Group agents have been represented as expressive fictions by those who treat ascriptions of agency to groups as metaphorical; as pragmatic fictions by those who think that the agency ascribed to groups belongs in the first place to a distinct individual or set of individuals; and as theoretical fictions by those who think that postulating group agents serves no indispensable role in our theory of the social world. This paper identifies, criticizes and rejects each of these views, defending a strong (...) realist position. (shrink)

One of the most important challenges for political theory is to identify the extent to which corporations should be facilitated and restricted in law. By way of background to that challenge, we need to develop a view about the nature and potential of corporations and corporate bodies in general. This chapter discusses two fallacies that we should avoid in this exercise. One, a claim popular among economists, that corporate bodies are not really agents at all. The other, a claim associated (...) with US jurisprudence, that not only are they agents, they are persons whose rights call in the same way as the rights of individual persons for legal recognition and protection. (shrink)

The concept of freedom as non-domination that is associated with neo-republican theory provides a guiding ideal in the global, not just the domestic arena, and does so even on the assumption that there will continue to be many distinct states. It argues for a world in which states do not dominate members of their own people and, considered as a corporate body, no people is dominated by other agencies: not by other states and not, for example, by any international agency (...) or multi-national corporation. This ideal is not only attractive in the abstract, it also supports a concrete range of sensible, if often radical international policies. (shrink)

Suppose that the members of a group each hold a rational set of judgments on some interconnected questions, and imagine that the group itself has to form a collective, rational set of judgments on those questions. How should it go about dealing with this task? We argue that the question raised is subject to a difficulty that has recently been noticed in discussion of the doctrinal paradox in jurisprudence. And we show that there is a general impossibility theorem that that (...) difficulty illustrates. Our paper describes this impossibility result and provides an exploration of its significance. The result naturally invites comparison with Kenneth Arrow's famous theorem (Arrow, 1963 and 1984; Sen, 1970) and we elaborate that comparison in a companion paper (List and Pettit, 2002). The paper is in four sections. The first section documents the need for various groups to aggregate its members' judgments; the second presents the discursive paradox; the third gives an informal statement of the more general impossibility result; the formal proof is presented in an appendix. The fourth section, finally, discusses some escape routes from that impossibility. (shrink)

The paper offers five desiderata on a realist normative theory of politics: that it should avoid moralism, deontologism, transcendentalism, utopianism, and vanguardism. These desiderata argue for a theory that begins from values rooted in a people’s experience; that avoids prescribing a collective deontological constraint; that makes the comparison of imperfect regimes possible; that takes feasibility and sustainability into account; and that makes room for the claims of democracy. The paper argues, in the course of exploring the desiderata, that a neo-republican (...) philosophy of government does pretty well in satisfying them. (shrink)

Suppose we embrace the republican ideal of freedom as non-domination: freedom as immunity to arbitrary interference. In that case those acts that call uncontroversially for criminalization will usually be objectionable on three grounds: the offender assumes a dominating position in relation to the victim, the offender reduces the range or ease of undominated choice on the part of the victim, and the offender raises a spectre of domination for others like the victim. And in that case, so it appears, the (...) obvious role for punishment will be, so far as possible, to undo such evils: to rectify the effects of the crime that make it a repugnant republican act. This paper explores this theory of punishment as rectification, contrasting it with better established utilitarian and retributivist approaches. (shrink)

The Ideal of Deliberative Democracy The Discursive Dilemma The Relevance of the Dilemma for Deliberative Democracy The Resolution in Republican Theory This Resolution and Other Arguments for the Ideal Notes.

In this essay I consider the question that divides quetism from existentialism and to defend a particular line on that question. The essay is in three main sections. In the first I set out a view of philosophy under which it grows out of reflection on the views that shape ordinary practice. In the second section I outline a theory as to how exactly practice commits us to such views. And then in the third section I argue on the basis (...) of that account that, notwithstanding serious difficulties, philosophy can feed back onto the views that inform practice and recast them in various ways. I reject the existentialist vision according to which there is no limit to how far philosophy may lead us to reconstruct ourselves. But I also reject the quietist view that philosophy must leave everything as it was. Under the picture adopted, philosophy can be expected to have a threefold impact--meditative, methodological, and moral--on people's habits of experience and behaviour. (shrink)

The case for secrecy in voting depends on the assumption that voters reliably vote for the political outcomes they want to prevail. No such assumption is valid. Accordingly, voting procedures should be designed to provide maximal incentive for voters to vote responsibly. Secret voting fails this test because citizens are protected from public scrutiny. Under open voting, citizens are publicly answerable for their electoral choices and will be encouraged thereby to vote in a discursively defensible manner. The possibility of bribery, (...) intimidation or blackmail moderates this argument but such dangers will be avoidable in many contemporary societies without recourse to secrecy. (shrink)

John Broome’s Rationality Through Reasoning is a trail-blazing study of the nature of rationality, the nature of reasoning and the connection between the two. But it may be somewhat misleading in two respects. First, his theory of reasoning is consistent with the meta-propositional view that he rejects; it develops a broadly similar theory but in much greater detail. And while his discussion of rule-following helps to explain the role of rules in reasoning, it does not constitute a response to the (...) classic problem associated with Wittgenstein and Kripke. (shrink)

If language is to serve the basic purpose of communicating our attitudes, we must be constructed so as to form beliefs in those propositions that we truthfully assert on the basis of careful assent. Thus, other things being equal, I can rely on believing those things to which I give my careful assent. And so my ability to assent or dissent amounts to an ability to make up my mind about what I believe. This capacity, in tandem with a similar (...) capacity in respect of other attitudes, supports three important lessons. It means that I can know what I believe by seeing what commands my assent, that I can put aside the possibility of error in committing myself to holding such a belief, and that I can therefore perform as a person: I can organize my mind around commitments to which others are invited to hold me. (shrink)

Let justice be a feature of the social order imposed by a state and legitimacy a feature of how it is imposed: one that makes the imposition acceptable. This article argues that, so understood, legitimacy is quite a distinct concern from justice; that the core concern is with showing how state coercion is consistent with people’s being free citizens; that this does not require showing that the state exists by consensus or contract; that the best hope of satisfying the concern (...) lies with arguing that state coercion need not be dominating; and that this is possible only within the republican theory that identifies freedom with the absence of domination, not interference. (shrink)

In this paper I focus on how far the republican ideal of freedom as non-domination can and should command allegiance across different cultures. Is the ideal bound to western culture, as its provenance may suggest? Or does it have a hold on the human imagination and sensibility that survives across various cultural and historical divides? I argue, in a deeply unfashionable vein,that it does command a form of universal allegiance. Or, to be more exact, I argue that freedom as non-domination (...) has this status in its role as an ideal of social justice. Reasons of space make it impossible to extend the argument to its role as an ideal of political and international justice —as an ideal of democracy and sovereignty —but the considerations I muster should make clear how that argument would go. (shrink)

There are two rival images often offered of the state. In one the state serves like a nanny to provide for the welfare of its members; in the other it requires people to look after themselves, providing only the service of a night-watchman. But this dichotomy, which is routinely invoked in debates about public health and welfare provision in general, is misleading. What the rival images turn on is not competing pictures of how the state should function in people's lives (...) but competing pictures of what it is to guard the freedom of its people. On the neo-liberal theory, which has been dominant over the last century or so, providing for people's freedom means leaving them to their own devices and fortunes. On the neo-republican theory, which answers to a much longer tradition, it means democratically identifying a common set of basic liberties in the exercise of which everyone should be protected by law and, if necessary, resourced. This older way of thinking about freedom has important merits missing in the newer and argues strongly against the nightwatchman state. (shrink)

This chapter contains sections titled: The Decision ‐ Theoretic Picture The Decision ‐ plus ‐ Deliberation Picture A Common Mistake References.