Some realists in political theory deny that the notion of feasibility has any place in realist theory, while others claim that feasibility constraints are essential elements of realist normative theorising. But none have so far clarified what exactly they are referring to when thinking of feasibility and political realism together. In this article, we develop a conception of the realist feasibility frontier based on an appraisal of how political realism should be distinguished from non-ideal theories. In this realist framework, political (...) standards are feasible if they meet three requirements: they are politically intelligible, contextually recognisable as authoritative, and contestable. We conclude by suggesting that our conception of realist feasibility might be compatible with utopian demands, thereby possibly finding favour with realists who otherwise refuse to resort to the notion of feasibility. (shrink)

Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to state entrapment to commit a crime. (...) Using János Kis’s work on political morality, we explain three dilemmatic versions of the ‘dirty hands’ model. We show that, while two of these are inapplicable to state entrapment, the third has better prospects. We then pursue our main aim, which is to argue that, since the third model precludes Nathan’s criticism, a viable ‘dirty hands’ model of state entrapment remains an open possibility. Finally, we generalize this result, showing that the case of state entrapment is not special: the result holds good for policing practices more generally, including such routine practices as arrest, detention, and restraint. (shrink)

The claim that democratic politics is the art of compromise is a platitude but we seem allergic to compromise in politics when it happens. This essay explores this paradox. Taking my cue from Machiavelli’s claim that there exists a rift between a morally admirable and a virtuous political life, I argue that: a ‘compromising disposition’ is an ambiguous virtue—something which is politically expedient but not necessarily morally admirable; whilst uncongenial to moral integrity, a ‘compromising disposition’ constitutes an essential aspect of (...) political integrity. In so doing, I question certain moralistic assumptions which fuel contemporary vilifications of compromise—that, in theory, democratic politics should be inhospitable to compromise and that political integrity should be akin to moral integrity—and which are shared by Walzer’s Dirty Hands thesis which professes to be sensitive to the realities of politics. These assumptions displace the complex realities of politics and misconstrue the standards of political excellence; they unsatisfactorily idealize political integrity and the messy context in which democratic politicians operate—a context characterized by a plurality of incompatible traditions, each with its own values and principles. Whilst commitment to a set of principles stemming from one’s tradition or pre-election promises implies commitment to realize these, leading a virtuous political life amidst such a grubby domain often requires abandoning some of these. An innocent, all-or-nothing pursuit of one’s principles in politics might prompt political disaster or defeat: an uncompromising disposition entails the entire abandonment of any hope of realizing all of those principles. (shrink)

This paper provides a critical overview of the realist current in contemporary political philosophy. We define political realism on the basis of its attempt to give varying degrees of autonomy to politics as a sphere of human activity, in large part through its exploration of the sources of normativity appropriate for the political and so distinguish sharply between political realism and non-ideal theory. We then identify and discuss four key arguments advanced by political realists: from ideology, from the relationship of (...) ethics to politics, from the priority of legitimacy over justice and from the nature of political judgement. Next, we ask to what extent realism is a methodological approach as opposed to a substantive political position and so discuss the relationship between realism and a few such positions. We close by pointing out the links between contemporary realism and the realist strand that runs through much of the history of Western political thought. (shrink)

The alleged problem of the dirty hands of politicians has been much discussed since Michael Walzer’s original piece (Walzer 1974). The discussion has concerned the precise nature of the problem or sought to dissolve the apparent paradox. However there has been little discussion of the putative complicity, and thus also dirtying of hands, of a democratic public that authorizes politicians to act in its name. This article outlines the sense in which politicians do get dirty hands and the degree to (...) which a democratic public may also get dirty hands. It separates the questions of secrecy, authorisation, and wrongfulness in order to spell out the extent of public complicity. Finally it addresses the ways in which those who do and those who do not acknowledge the problem of dirty hands erroneously discount or deny the problem of complicity by an appeal to the nature of democracy, a putatively essential need for political openness or to the scope of ideal theory. (shrink)

A slew of recent political theorists—many taking their cue from the political writings of Bernard Williams—have recently contended that political normativity is its own kind of normativity, distinct from moral normativity. In this article, we first attempt to clarify what this claim amounts to and then reconstruct and interrogate five major arguments for it. We contend that all these arguments are unconvincing and fail to establish a sense in which political normativity is genuinely separate from morality.

Abstract:This essay seeks to defend the claim that political philosophy ought to be appropriately guided by the phenomenon of politics that it seeks to both offer a theory of and, especially in its normative guise, offer a theory for. It does this primarily through the question of political values. It begins by arguing that for any value to qualify as a value for the political domain, it must be intelligible in relation to the constitutive features of politics as a human (...) activity. It then examines the extent to which the preconditions for the realization of values in practice ought to figure in our considerations as to whether they are values that fit or belong to our social world. We can understand these parts of the essay as responding to two related questions, respectively: (i) Is this a political value at all? — which is to ask, is it a value that is appropriate for the political realm?; and then (ii) Is this a political value for us? The final section responds to the often-made complaint that political philosophy ought not to make any concessions to the actual world of politics as it really is, arguing that attending to the realities of politics, and in particular the constitutive conditions of political activity, gives meaning to the enterprise as the theorization of politics (and not something else). Furthermore those same conditions provide the limits of intelligibility beyond which ideals and values can no longer be, in any meaningful sense, ideals and values for the political sphere. (shrink)

The question of what role social and political practices should play in the justification of normative principles has received renewed attention in post-millennium political philosophy. Several current debates express dissatisfaction with the methodology adopted in mainstream political theory, taking the form of a criticism of so-called ‘ideal theory’ from ‘non-ideal’ theory, of ‘practice-independent’ theory from ‘practice-dependent’ theory, and of ‘political moralism’ from ‘political realism’. While the problem of action-guidance lies at the heart of these concerns, the critics also share a (...) number of methodological assumptions. Above all, their methodology is practice-dependent in the sense that an existing practice is assumed to put substantial limitations on the appropriate normative principles for regulating it. In other words, we cannot formulate and justify an appropriate principle without first understanding the practice this principle is supposed to govern. The aim of this paper is to map out and analyze the common denominators of these debates with regard to methodological commitments. We will investigate how this practice-dependent method may be understood and motivated. In particular, we point to challenges that must be met in order for the position to remain both distinct and attractive. (shrink)

Should we be concerned with, or alarmed or outraged by, the insincerity and hypocrisy of politicians who apologize for historical injustice? This paper argues that the correct reply to this question is: sometimes, but not always. In order to establish what types of insincerity must be avoided, Judith Shklar?s hierarchy of ordinary vices is critically revisited. Against Shklar?s overly benign account of hypocrisy, the paper then tries to demonstrate that only institutional and harmful forms of hypocrisy must be rejected in (...) political apologies for historical injustice. Employing Melissa Nobles? ?membership theory?, this paper defends the claim that the sincerity standard for political apologies is, in stark contrast to apologies between individuals, agent independent. This means that in political apologies, rather than focusing on the remorse and regret of the agent who apologizes, we must primarily examine the apology?s consequences in terms of renegotiating the legal, political and affective dimensions of citizenship. In domestic affairs, the paper shows that apologies can only be considered sincere if they push the polity towards a more inclusive conception of membership in the political community. (shrink)

This article argues that Hannah Arendt’s thought can offer significant insights on political judgement for realism in political theory. We identify a realist position which emphasises the need to account for how humans judge politically, contra moralist tendencies to limit its exercise to rational standards, but which fails to provide a sufficient conception of its structure and potential. Limited appeals to political judgement render the realist defence of the political elusive and compromise the endeavour to offer a meaningful alternative to (...) the moralist tendency to displace politics. The potential and limitations of realist discussions on judgement are made visible in relation to proto-realists Judith Shklar and Isaiah Berlin. In seeking to enrich the realist conception of the political, the article introduces the displacement critique found in the neglected Arendtian ‘realism’. It also provides the foundations for a distinctly realist account of political judgement which, we argue, requires elaboration along two dimensions: the social coding of political judgement and the political capacities that help judgement build a suitable political sphere. (shrink)

In 2016, the Five Stars Movement (5SM), one of the parties currently in power in Italy, launched the ‘Rousseau platform’. This is a platform meant to enhance direct democracy, transparency and the real participation of the people in the making of laws, policies and political proposals. Although ennobled with the name of Rousseau, the 5SM’s redemptive promise has been strongly criticised in the public sphere for being irresponsible and ideological. Political realism, I will argue, can perform both a diagnostic and (...) a corrective task, by providing some tools to unveil populist distortions and by offering more solid grounds for political opponents’ critique. Three aspects of realism, in particular, will be pointed out as remedies against populist drifts. First, anti-moralism, complemented by anti-utopianism and contextualism, criticises the populists’ moralistic picture of politics, its anti-pluralistic attitude and its rejection of the role of experts in politics. Second, the Weberian ethic of responsibility offers standards to assess politicians’ actions, instead of embracing the populist aversion towards any professional politician; besides, it contrasts the populist image of politics as a derogatory activity. Finally, realism as ideology critique unveils the distorting narratives underlying populist propaganda and fostering uncritical support. (shrink)

European Journal of Philosophy, EarlyView.

The idea of a distinctively political normativity came under sustained fire lately. Here I formulate, test, and reject a moderate and promising way of conceiving it. According to this conception, political normativity is akin to the kind of normativity at play in all-things-considered judgments, i.e., those judgments that weight together all the relevant reasons to determine what practical rationality as such requires to do. I argue that even when we try to conceive political normativity in this all-things-considered way, and even (...) when we do not concede from the get-go that moral reasons necessarily trump or override normative reasons of a different kind, political normativity is still reducible to morality, because the peculiar content of all-things-considered political oughts can be explained by the interplay of general moral principles and contextual facts that do not obtain exclusively in political scenarios. If my arguments are correct, I provide political realists with one more reason to withdraw from the metaethical battle over the idea of a distinctively political normativity and show that the moralist approach is defensible against a prima facie promising, but ultimately untenable, alternative. (shrink)

Michael Walzer’s article ‘Political action: the problem of dirty hands’ initiated a new wave of discussion over a persistent problem in moral philosophy: are there situations in which ethical rules must be relaxed so as to bring about a greater good? In this article, we consider whether this ‘dirty hands’ approach may be applied to our current climate crisis. One proposed solution to the problem of global warming is the administration of moral enhancements to the population. Assuming that the administration (...) of moral enhancements is a necessary condition in the prevention of a climate crisis, Parker Crutchfield argues that this procedure ought to be covert. This implies lying to the public, and such dishonesty amounts to immoral behavior. We conclude that despite the severity of global warming, there is no justification for a dirty hands approach. Lying to the public in order to save the planet would probably create bigger problems, and it would ultimately be very counterproductive in trying to save the planet. (shrink)

A number of recent authors have argued for the problem of ‘democratic dirty hands’. At least within a democracy, public officers can be rightly said to act in the name of the public; and thus, as agents to principals, the dirty hands of public officers are, ultimately attributable to that public. Even more troubling, so the argument goes, since dirty hands are necessary for public officers in any stable political order, then such democratic dirty hands are necessary for any stable (...) democracy. Our dirt is the unavoidable cost of democratic survival.In this paper, I offer an argument against this disconcerting conclusion. My central claim is that proponents of ‘democratic dirty hands’ have missed the import of another feature of contemporary governance: public institutions. Public institutions, as organisational agents, intermediate the relationship between public officer and public; and in so doing, the dirt necessary for stability may be ‘laundered’: the public may still gain the benefit of a public officer’s hands, but remain clean of the dirt. I illustrate this case by an extended discussion of the case of La Comisión Internacional contra la Impunidad en Guatemala (‘CICIG’). (shrink)

This paper outlines and explores the problem of democratic dirty hands, the sui generis moral situation where democratic politicians justifiably violate both a cherished moral principle and the fundamental processes of democratic governance. Some recent contributions to the dirty-hands debate have argued that the principles of democratic governance render DDH impossible. The paper rejects this view as based on a misunderstanding of the minimal and necessary conditions for both DH and democratic overnance. However, DDH does raise interesting issues concerning the (...) complicity of citizens with their politicians’ DH. Citizens are accessories to such acts and have a duty to contribute to the reparations for the victims of DDH. Furthermore, as citizens bear some responsibility for the moral violations that were done in their name, they properly ought to feel some of the moral pollution that these actions generated. (shrink)

This article argues that political realists have at least two strategies to provide distinctively political normative judgements that have nothing to do with morality. The first ground is instrumental normativity, which states that if we believe that something is a necessary means to a goal we have, we have a reason to do it. In politics, certain means are required by any ends we may intend to pursue. The second ground is epistemic normativity, stating that if something is true, this (...) gives us a reason to believe it. In politics, there are certain empirical regularities that ought to be acknowledged for what they are. Both sources are flawed. Instrumental normativity only requires coherence between attitudes and beliefs, and one can hang on to false beliefs to preserve attitudes incompatible with reality. I may desire to eschew power relations, and accordingly I may imagine politics to be like a camping trip. Epistemic normativity, on the other hand, operates critically, striking down existing normative claims. It shows us that politics is nothing like a camping trip, but it doesn’t tell us what we should do about it. We conclude by showing that if the two are taken together, they remedy each other’s flaws. (shrink)

Political realists’ rejection of the so-called ‘ethics first’ approach of political moralists, has raised concerns about their own source of normativity. Some realists have responded to such concerns by theorizing a distinctively political normativity. According to this view, politics is seen as an autonomous, independent domain with its own evaluative standards. Therefore, it is in this source, rather than in some moral values ‘outside’ of this domain, that normative justification should be sought when theorizing justice, democracy, political legitimacy, and the (...) like. For realists the question about a distinctively political normativity is important, because they take the fact that politics is a distinct affair to have severe consequences for both how to approach the subject matter as such and for which principles and values can be justified. Still, realists have had a hard time clarifying what this distinctively political normativity consists of and why, more precisely, it matters. The aim of this paper is to take some further steps in answering these questions. We argue that realists have the choice of committing themselves to one of two coherent notions of distinctively political normativity: one that is independent of moral values, where political normativity is taken to be a kind of instrumental normativity; another where the distinctness still retains a justificatory dependence on moral values. We argue that the former notion is unattractive since the costs of commitment will be too high, and that the latter notion is sound but redundant since no moralist would ever reject it. Furthermore, we end the paper by discussing what we see as the most fruitful way of approaching political and moral normativity in political theory. (shrink)

This essay locates the problem of dirty hands within virtue ethics – specifically Alasdair MacIntyre’s neo-Aristotelian thesis in After Virtue. It demonstrates that, contra contemporary expositions of this problem, MacIntyre’s thesis provides us with a more nuanced account of tragedy and DH in ordinary life, in its conventional understanding as a stark, rare and momentary conflict in which moral wrongdoing is inescapable. The essay then utilizes elements from MacIntyre’s thesis as a theoretical premise for Machiavelli’s thought so as to set (...) the foundations for a nascent but richer framework of DH in politics and move beyond the standard, ‘static’ conceptualization of the problem within this context. In developing a dynamic account of DH, I conceive of politics as a distinct practice and way of life, with its own demands and standards of excellence, and draw on Machiavelli’s thought to sketch some of these. The dynamic account uncovers an inexhaustible tension between two ways of life, each with its own demands and standards of excellence: a virtuous politician should become partially vicious and no longer innocent. Understood in dynamic terms, DH in politics involves a paradox of character, not just a paradox of action as the standard, ‘static’ DH thesis suggests. (shrink)

This paper attempts to get some critical distance on the increasingly fashionable issue of realism in political theory. Realism has an ambiguous status: it is sometimes presented as a radical challenge to the _status quo_; but it also often appears as a conservative force, aimed at clipping the wings of more ‘idealistic’ political theorists. I suggest that what we might call ‘actually existing realism’ is indeed a conservative presence in political philosophy, and that its ambiguous status plays a part in (...) making it so. But I also argue that there is no necessary connection between realism and conservatism. This paper describes the three contingent and suspiciously quick steps which lead from an initial commitment to being attentive to the real world, via a particular kind of pessimism about political possibilities, to an unnecessarily conservative destination. In the process, I try to show how the ubiquitous trinity of realism, pessimism and conservatism might be pulled apart, thus removing the artificial tension between ‘being realistic’ and the demand for far-reaching social change. (shrink)

This article examines the significance of Friedrich Nietzsche to Albert Camus’ concepts of absurdity and revolt. It rests on three related claims. First, that Nietzsche’s critique of metaphysics is the point of departure for Camus’ absurdist inquiries. Second, that Camus’ philosophy of revolt is informed in crucial ways by Nietzsche’s views on the sources of moral and intellectual authority in the modern world. Finally, that Camusian revolt is an attempt to deal with the political crisis of foundationalism in a way (...) that preserves Nietzsche’s anti-essentialism while also avoiding the excesses of absolutist politics. Ultimately, I suggest that the origins and implications of Camus’ project cannot be grasped apart from an account of its engagement with Nietzsche. (shrink)

In this contribution, I defend a robust model of political idealism, making the case for such an approach to both the theory and practice of politics. On this view, not only in framing a political philosophy but also in putting forward policy proposals and institutional designs, we need not think about feasibility as an overriding, make-or-break criterion for evaluating the soundness of that theory or proposal, neither of which loses its point simply because it is deemed to be unlikely to (...) be implemented. Feasibility, in other terms, cannot be taken as the only standard, or even as the main standard, on which basis to assess the practical worth of a political strategy. (shrink)

Realism criticizes the idea, central to what may be called ‘the priority view’, that philosophy has the task of imposing from the outside general norms of morality or standards of reasonableness on politics understood as the domain of power. According to realism, political philosophy must reveal the specific standards internal to the political practice of handling power appropriately and as it develops in actual circumstances. Framed in those terms, the debate evokes the idea that political power itself is lacking normativity (...) until such time as norms are devised that govern its use. In contrast, this essay identifies a normative dimension internal to power. Power depends on recognition and support in the form of belief. This dependence explains how an interest in power introduces a responsiveness to normative considerations into the domain of politics. (shrink)

This article examines the significance of Friedrich Nietzsche to Albert Camus’ concepts of absurdity and revolt. It rests on three related claims. First, that Nietzsche’s critique of metaphysics is the point of departure for Camus’ absurdist inquiries. Second, that Camus’ philosophy of revolt is informed in crucial ways by Nietzsche’s views on the sources of moral and intellectual authority in the modern world. Finally, that Camusian revolt is an attempt to deal with the political crisis of foundationalism in a way (...) that preserves Nietzsche’s anti-essentialism while also avoiding the excesses of absolutist politics. Ultimately, I suggest that the origins and implications of Camus’ project cannot be grasped apart from an account of its engagement with Nietzsche. (shrink)

Constellations, Volume 29, Issue 1, Page 93-106, March 2022.

Declining levels of political trust and voter turnout, the shift towards populist politics marked by appeals to ‘the people’ and a rejection of ‘politics-as-usual’, are just some of the commonly cited manifestations of our culture of political disaffection. Democratic politics, it is argued, is in crisis. Whilst considerable energy has been expended on the task of lamenting the status of our politics and pondering over recommendations to tackle this perceived crisis, amid this raft of complaints and solutions lurks confusion. This (...) paper seeks to explore the neglected question of what the precise nature of the crisis with which we are confronted involves, and, in so doing, to go some way towards untangling our confusion. Taking my cue from Machiavelli and his value-pluralist heirs, I argue that there is a rift between a morally admirable and a virtuous political life. Failure to appreciate this possibility causes narrations of crisis to misconstrue the moral messiness of politics in ways that lead us to misunderstand how we should respond to disenchantment. Specifically, I suggest that: we think that there is a moral crisis in politics because we have an unsatisfactorily idealistic understanding of political integrity in the first place; and it is a mistake to imagine that the moral purification of politics is possible or desirable. Put simply, our crisis is not moral per se but primarily philosophical in nature: it relates to the very concepts we employ—the qualities of character and context we presuppose whilst pondering over political integrity. (shrink)

Political realists claim that politics should be regulated by a distinctive political normativity, one that does not rely on external, pre-political moral standards. It is in this sense that they distinguish political realism from ‘political moralism’, regarded as an approach that understands political theory as applied ethics. Importantly, realists’ anti-moralism is not motivated by the conviction that moral considerations do not play any role in the political realm. Rather, the target is the externalism of the normative resources on which moralist (...) theories typically ground their conceptions of legitimacy. In contrast to moralists, some realists have argued for the need to elaborate internal theories of legitimacy, ones that develop normativity internally – that is, from within the political context under evaluation. This commitment entails the effort to reconnect legitimacy to the beliefs and attitudes of people subjected to the political power. In these accounts of legitimacy, critique is typically exercised internally, by means of self-reflection and ideology critique. Contra some realists, I argue that some forms of externalism are desirable and compatible with internalist accounts of legitimacy, and I show how to accommodate them within internalist theories of legitimacy. They are desirable because they strengthen the emancipatory potential of internal reflection and, in some cases, even stimulate it, as when, because of political circumstances, internal critique cannot be exercised. In addition, they prevent internalist approaches from falling into descriptive accounts of de facto acceptance of power. These forms of external critique can be compatible with internalist accounts of legitimacy, provided that they do not contrast with what I call methodological and substantive internalism. Accordingly, in the article, I discuss which stances of external critique can and should be accommodated within internalist accounts of legitimacy, without renouncing to the realist character of the approach. (shrink)

This paper draws on the underappreciated realist thought of Isaiah Berlin, Stuart Hampshire and Judith Shklar, rehearses their critique of moralism and extends it to a position which seems far from obvious a target: the dirty hands thesis, which is mostly owed to Michael Walzer, and which a number of contemporary realists have recently appealed to in their endeavour to challenge moralism and/or tackle the insufficiently addressed question of what a more affirmative, realist public ethic might involve. In illustrating that (...) the DH thesis is a thinly disguised brand of the moralism which realists reject, I shall not merely put some flesh on the bones of Shklar’s scattered, unsystematic objections to Walzer’s thought – the only realist who explicitly criticized his DH thesis. Rather, I wish to cast doubt on the internal coherence and ‘realism’ of contemporary realist positions which invoke that thesis and to illustrate that the discrepancy between Berlin’s, Shklar’s and Hampshire’s thought and the DH thesis: i) enriches our understanding of how we might wish to distinguish more meaningfully realism from the ideal/non-ideal theory debate; and ii) enables us to pursue a particular direction in which a more positive realist approach to public ethics and integrity might be developed – an approach which we might term Heraclitian realism, and which follows from their idiosyncratic, innovative, and radical account of the place of conflict in human life. (shrink)

The ambition of this article is threefold. First, it is to offer a realist reading of Aristotle’s regime theory as it is laid out mostly in Books IV–VI of his Politics. The author argues that Arist...

This chapter introduces the Special Issue and offers an overview of the corpus of work on the topic since the publication of Michael Walzer’s seminal article, ‘Political Action: The Problem of Dirty Hands’.

This paper argues that the dirty hands literature has overlooked a crucial distinction in neglecting to discuss explicitly the issue of, what I call, symmetry. This is the question of whether, once we are confronted with a dirty hands situation, we could emerge with our hands clean depending on the action we choose. A position that argues that we can keep our hands clean I call “asymmetrical” and one that says that we will get our hands dirty no matter what (...) we do I call “symmetrical”. Not acknowledging this distinction is a problem because, firstly, it adds to the existing confusions about how best to define what dirty hands are. Secondly, it prevents the concept of dirty hands from being applied properly to other contexts such as, for example, the responsibility and accountability of politicians. I argue that we have good reason to favour a symmetrical understanding because it gives a more convincing account of what makes an action dirty and because it more accurately captures our complex moral decision-making when faced with dirty hands situations. The paper concludes by outlining possible implications that the distinction between the symmetry view and the asymmetry view has on wider debates surrounding the problem of dirty hands. (shrink)

Although often cast by realists as an exemplar of moralist or rationalist thinking, Jürgen Habermas and certain commentators on his work reject this characterisation, highlighting elements of his thought that conflict with it. This article will examine dimensions of Habermas’s work that relate to many realist concerns in political theory. I argue that while he escapes the commonplace caricature of an abstract thinker who is inattentive to real world affairs, Habermas’s claims in relation to communication, historical and empirical context, and (...) the development of rights in history, reveal a narrow consideration of what defines context and a progressivist narrative of history that fails to address seemingly outdated beliefs and political forces. An analysis of these issues can serve to inform understandings of these topics in realist thought and in political theory more broadly. (shrink)

Like many rights theorists, Peter Jones regards rights as lying outside politics and providing constraints upon it. However, he also concedes that rights are matters of reasonable disagreement and that, as a matter of fairness, disputes about them ought to be resolved democratically. In this paper I develop these concessions to argue that rights require democratic justification and that this can only be provided via a real democratic process in which those involved ?hear the other side?. I relate this argument (...) to the republican theory of non-domination, contending that it fits the Lockean project of regarding rights as constraints on arbitrary power better than liberal views that place rights outside the democratic process. I conclude by noting the implications of this argument for rights-based judicial review of legislation. (shrink)