In Against Democracy, Jason Brennan argues that public ignorance undermines the legitimacy of democracy because, to the extent that ignorant voters make bad policy choices, they harm their own and one another’s interests. The solution, he thinks, is epistocracy, which would leave policy decisions largely in the hands of social-scientific experts or voters who pass tests of political knowledge. However, Brennan fails to explain why we should think that these putative experts are sufficiently knowledgeable to avoid making errors as damaging (...) as those made by voters. Given the strong link between political knowledge and ideological dogmatism, as well as the tendency of social scientists to disagree with one another, the case for epistocracy is deeply implausible, at best. Moreover, given that there are important non-instrumental justifications of democracy—justifications of which Brennan appears to be radically ignorant—the epistocratic alternative would be unnecessary even if it were viable. (shrink)

Political action is unpredictable because it unfolds among a plurality of independent actors. This unpredictability generates a fundamental puzzle: If an actor cannot know where her initiative will lead, what motivates and guides her in her doings? The aim of this paper is to develop and defend the solution to the puzzle that we can find in the thought of Hannah Arendt, namely the idea that political action is – or should be – motivated and guided by principles, principles like (...) justice, equality, or honour. Such principles must be distinguished from goals because they do not designate a specific state of affairs, but are general ideas that allow for diverse implementations. I show that this distinction is of great practical importance for the actors involved, since their outlook and their attitude towards others will differ depending on whether they see their activity as aimed at a goal or as guided by a principle. (shrink)

On the face of it, self-censorship is profoundly subversive of democracy, particularly in its talk-centric forms, and undermines the culture of openness and publicity on which it relies. This paper has two purposes. The first is to develop a conception of self-censorship that allows us to capture what is distinctive about the concept from a political perspective and which allows us to understand the democratic anxiety about self-censorship: if it is not obvious that biting our tongues is always wrong, we (...) need a fuller account of the moral sensibility that finds it so troubling and this is elaborated here. The second is to develop an argument to the effect that this sensibility should not have the last, or only, word, but instead that self-censorship should be viewed as an ‘ordinary vice’ of democratic societies. The grounds for tolerating it rest on the democratic values that critics believe it threatens. (shrink)

In this paper, two claims are made. The main claim is that a fruitful approach for theorizing the political legitimacy of global governance and the proper normative role of civil society actors is the so-called ‘function-sensitive’ approach. The underlying idea of this approach is that the demands of legitimacy may vary depending on function and the relationship between functions. Within this function-sensitive framework, six functions in global governance are analyzed and six principles of legitimacy defended, together constituting a minimalist account (...) of political legitimacy. This account suggests that civil society actors may strengthen political legitimacy by performing five of these functions under certain conditions and insofar as the proposed normative political principles are fulfilled: problem identification, agenda-setting, implementation, enforcement and monitoring, and evaluation. The second claim is critical and is chiselled out against the backdrop of this function-sensitive account, through which I demonstrate that much vagueness and confusion with regard to the proper role of civil society actors for strengthening the political legitimacy of global governance could be traced to the so-called ‘transmission belt’ model, which has gained popularity in international political theory. This model depicts civil society as a transmission belt between the public sphere and decision-making loci, where it is assumed that civil society actors contribute to the strengthening of political legitimacy by transmitting peoples’ preferences, beliefs, and opinions from the former to the latter space by indirectly or directly influencing the decision-making. It is argued that this picture is misleading and generates erroneous prescriptions of how civil society actors should act to increase political legitimacy. (shrink)

This article shows how Jürgen Habermas and Claude Lefort try to explain the relationship between universality and particularity in modern democratic societies, politics and civil society. It will demonstrate that Habermas defends a substantive kind of universality that is opposed to particular positions and thus to real politics. This article further argues that Lefort’s lesser known theory of negative universality is better at combining a universal and a particular perspective. It claims that where Habermas requires citizens to transform their particular (...) interests, Lefort emphasizes that individual actors should acknowledge their particular position and interests when invoking universal principles. The article further argues that their disagreement leads to a different interpretation of ideology, politics, power, civil society, human rights, popular sovereignty, elections and the state. (shrink)

Proceduralists hold that democracy has a non-instrumental value consisting in the ideal of equality incorporated by fair procedures. Yet, proceduralism does not imply that every outcome of a democratic procedure is fair per se. In the non-ideal setting of constitutional democracies, government and legislative decisions may result from factional conflicts, or depend on majoritarian dictatorships. In these circumstances, Supreme Courts provide a guardianship against contested outcomes by enacting mechanisms of checks and balances, constitutional interpretation and judicial review. Yet, in virtue (...) of this role, Supreme Courts exercise a form of epistocratic power, which rests at odds with the ideal of political equality. We analyse this dilemma and propose a solution, arguing that Supreme Courts do not run unrestrained decisions; rather their decisional power is bound to the protective function of fundamental rights, in which their constitutional mandate ultimately consists. (shrink)

Although Axel Honneth's critical theory of recognition continues to resonate among political theorists, its relationship to the debate on political and moral cosmopolitanism remains unclear. The paper aims to fill this gap by defining a few guideposts to a ‘recognition-theoretical’ conception of the international. My argument is that Honneth's theory oscillates between a liberal-cosmopolitan model of the global spread of human rights and an alternative model that is closer to the anti-cosmopolitanism of the late Rawls. Both models reflect certain assumptions (...) about the moral standing of political communities or ‘peoples’, even if those assumptions remain implicit and unexamined. I begin by discussing the premise that recognition theory is all about ‘natural’ persons instead of ‘artificial’ persons such as states or peoples. I proceed by comparing Rawls's notion of a distinct logic of the international to Honneth's more ambiguous gestures toward an international political theory. Finally, I offer some thoughts on the place of peoples and sovereign statehood in the theory of recognition. (shrink)

Based on a critical reading of Jürgen Habermas’s journalistic writings on the European Union, the article argues that Europe’s current crisis is also a crisis of its narratives, and hence a crisis of meaning. The German philosopher has revised his political vision of a united Europe but has done so without abandoning his neo-Kantian ‘soft revolutionism’. The EU of the future is not only envisaged as an alternative to the allegedly defunct European nation-state, but also as the antithesis to US-style (...) federalism and to what is called ‘post-democratic executive federalism’. What is more, Habermas no longer fully trusts in the power of the better argument, as championed in his critical social theory. Instead, his hope of normative progress towards a socially and politically more integrated Europe is founded on a belief in the power of the crisis itself – aided by a convincing pro-European narrative – to drive us in the same direction as that indicated by reason. The conclusion contrasts Habermas’s utopian Europeanism, which has failed to find favour with the wider European public, with a less utopian alternative inspired by the highly specific, non-universal situation of the Old Continent. (shrink)

Analysing two reproductive rights claims brought before the High Court of Namibia and the European Court of Human Rights, this article argues that human dignity is not reducible to a recognized warrant to demand a particular set of goods, services, or treatments. Rather, dignity in the contexts in which women experience sterilization abuse would be better characterized as an existential protest against degradation, a protest that takes concrete form in legal demands for equal citizenship. Equality is conceived here as necessitating (...) the elimination of all forms of discrimination against women in public and private life. The dignity as non-discrimination framework developed in the article thus integrates two of the leading interpretations of dignity in contemporary political philosophy – the existentialist approach that attends to the inward cry against degradation and the view of dignity as the equal, public status of democratic citizenship. (shrink)

My aim in this article is to investigate the epistemic dimension of reasonableness. In the last decades, the concept of reasonableness has been deeply analysed, and yet, I maintain that a strictly epistemic analysis of reasonableness is still lacking. The goal of this article is to clarify which epistemic features characterize reasonableness as one of the fundamental virtues in the political domain. In order to justify political liberalism through a public justification that averts the risk of falling into a dilemma, (...) it is important to establish in advance which are the epistemic constraints that should be respected. My proposal is that a moderate approach in moral epistemology expresses the best scheme available to us – as moral agents constrained by the limit of our rationality – for establishing a normatively binding, and yet realistic, procedure of justification for political institutions and practices. (shrink)

I argue that the exception must be a legitimate possibility within law as a revolutionary project, in much the same way that civil disobedience is. In this sense, the exception is not outside law if by "law" we mean not positive law as defined by extant legal documents (statutes, legislative committee reports, written judgments, etc.) but law as a living tradition consisting of both abstract norms and a concrete historical understanding of them. So construed, the exception is what can be (...) exemplary - a law unto itself that best interprets and creatively extends (and transcends) the law that already exists, in order to make it inclusive of the other. In the final analysis, immigration law forces us to consider both the concrete individuality and abstract humanity of refugees, asylum seekers and other homeless persons who have been displaced by global economic underdevelopment. When combined with the "statelessness" of desperate classes of immigrants, this fact about immigration law reveals a revolutionary possibility for future development and perfection leading to its own transcendence: from an inhospitable immigration law that is administered exclusively by the nation state to a cosmopolitan law of universal citizenship under the auspices of a global human rights regime. (shrink)

I draw on Security Council Resolution 1674 to demonstrate that the political assumptions Jacques Derrida holds in his politically-oriented texts are inconsistent with the assumptions of his linguistic texts, and that Jürgen Habermas's political theory is consistent with the political implications of his approach to language. Habermasian pragmatism offers a critical theory of society and discourse of modernity that touches on the same themes of politics and meaning as Derrida and other deconstructionists, but is more coherent, consistent, and explanatorily persuasive.

Much of the most influential free speech scholarship emphasises that ‘political speech’ warrants the very highest standards of protection because of its centrality to self-governance. This central idea mitigates against efforts to justify the regulation of political speech and renders some egregiously offensive or harmful speech worthy of protection from a theoretical perspective. Yet paradoxically, in practice, in many liberal democracies such speech is routinely restricted. In this paper, I develop an argument that is compatible with both the argument from (...) democracy and the notion of political speech, and that can justify the regulation of hate speech, by joining an understanding of the constitutive role of speech in individuals’ lives derived from Nussbaum's capabilities theory with ideas of democratic deliberation and legitimation drawn from a Habermasian framework. This approach attends to the conditions required at an individual level for democratic legitimation to occur at a social level. It permits the development of a robust theoretical justification for the protection of a broad range of speech. It simultaneously provides a guiding framework for regulatory policy designed to ameliorate the effects of, and inhibit the expression of, that speech, which could imperil the conditions required for individuals to develop their own capabilities and which instantiates anti-democratic practice, and thus discourse, preventing the very communications required to perform democracy from being uttered. Thus, my argument also strengthens and transforms the argument from democracy as a justification for free speech protection more generally. (shrink)

This paper seeks to contribute to the literature on political judgment by proposing that the faculty of judgment is essential for responsibly coping with the undeniable fact of distant suffering and the controversial duty of humanitarian intervention. To achieve this end, Mahmood Mamdani’s text ‘The Politics of Naming: Genocide, Civil War, Insurgency’ will be mobilized for a constructive dialogue about which specific conception of political judgment is at stake when we debate a situation like Darfur today. The main claim is (...) that political judgment in times of acute crisis requires the members of the public sphere to strike a precarious balance between two contradictory impulses: the deliberative impulse to enlarge the pool of particular standpoints, and the decisionist impulse to finally bring the conversation to a halt and adopt a normative stance. The theoretical framework for this balanced view of the faculty of judgment will be articulated through a hybridization of Hannah Arendt’s notion of an ‘enlarged mentality’ and Jacques Derrida’s concept of an ‘aporetic decision’. (shrink)

In this article we frame a set of important issues in the emerging field of Mind, Brain, and Education in terms of three broad headings: methods, models, and morality. Under the heading of methods we suggest that the need for synthesis across scientific and practical disciplines entails the pursuit of usable knowledge via a catalytic symbiosis between theory, research, and practice. Under the heading of models the goal of producing usable knowledge should shape the construction of theories that provide comprehensive (...) accounts of human learning and development spanning multiple levels of analysis. Under the heading of morality usable knowledge must be put to good use: Its application and dissemination ought to be infused with moral considerations gleaned from dialogue among all those potentially affected. Generally, the field should be shaped not only by its constituent scientific disciplines but also by its applications to education and learning. Thus we argue for the adoption of a kind of pragmatism that would be best actualized by building research-school collaborations between researchers and practitioners. (shrink)

It has often been said that discourse ethics as developed by Jürgen Habermas can be understood as a dialogical continuation of the monological ethics developed by Immanuel Kant, as formulated in the categorical imperative in Grounding for the Metaphysics of Morals. Like Kant’s categorical imperative, Habermas’ principle of universalization specifies a rule for impartial testing of norms for their moral worthiness. This article will substantiate that discourse ethics develops a dialogical version of the categorical imperative, and will make this explicit. (...) This is done by presenting a new interpretation of the Kantian ethics. Renewing the traditional understanding, four instead of two or three formulations of the categorical imperative are identified. Finally it is shown how this interpretation relates to Jürgen Habermas’ discourse ethics. This analysis shows that one must specify which formulation of the categorical imperative one is talking about when discussing it. (shrink)

The purpose of the present paper is to offer a Foucauldian critique of Habermas’s theory of law and democracy. Quite famously Habermas viciously attacked Foucault’s positions on law and power in modernity. Those attacks will be taken into consideration here in order to show some deficiencies in Habermas’s own reading of modern law and democracy. My suggestion is that the formal nature of Habermas’s communicative approach fails to take into adequate consideration the question of subjectivity formation. More precisely I will (...) demonstrate that Habermas’s own works show a troublesome ambivalence with regards to the possibility that individuals can participate as ‘unencumbered selves’ to the public life of their community. As a consequence his account turns a blind eye to certain dynamics of power in our society that a Foucauldian approach seems more apt to frame and explore. (shrink)

This article examines Hannah Arendt’s bold and provocative proposal to institutionalize civil disobedience. First, I argue that the proposal follows from Arendt’s peculiar interpretation of this mode of protest. She sees it as an unexpected yet welcome echo of the revolutionary spirit that accompanied the foundation of the American republic. In seeking to bring civil disobedience into government, she aims to embed this spirit within the very institutional fabric of the polity. Second, I suggest that we have strong reasons to (...) take the proposal seriously as an account of how the constitutional state should respond to dissenting minorities. The call to institutionalize civil disobedience can be defended as an approach that is different to — and ultimately more appealing than — familiar liberal and democratic perspectives on this issue. (shrink)

What is the relationship between morals and politics? What is the relationship between moral philosophy and political philosophy? Defenders of political moralism postulate moral aims or constraints for politics, and hence they see political philosophy as a chapter of moral philosophy. Contrastingly, advocates of political realism describe politics as an independent endeavor aiming at providing order and security, and conceive of political philosophy as an autonomous discipline. This article claims that political moralism and political realism share the mistake of assuming (...) that politics has substantial, permanent goals or constraints. After criticizing political substantialism, the article explains the main ingredients of its alternative, political minimalism: the idea that politics, understood as collective instrumental rationality, aims at providing adequate means for the accomplishment of people's goals, whatever these are; and the conception of the relationship between morality and politics as one of “reciprocal containment.” Finally, it addresses some foreseeable criticisms of political minimalism. (shrink)

Monarchy is liberalism’s little secret. Given the number of articles and books appearing every year dealing with liberal democracy as the hallmark of contemporary Western societies, it is astonishing that monarchy is rarely ever mentioned despite the fact that monarchy, and not a republic, is the constitutional form of quite a number of Western liberal states. I argue that considering the political reality of the established monarchies in Europe leads into a dilemma: either contemporary liberalism is not the kind of (...) theory it claims to be or it has to reconsider its central tenets. In conclusion, I show that the dilemma cannot be solved or avoided but needs to be embraced by conceiving liberalism not as a applied moral theory but as a political theory that leaves room for various symbolic self-understandings and acknowledges the crooked timber of historical realities. (shrink)

Much of the appeal of deliberative democracy lies in its emancipatory promise to give otherwise disadvantaged groups a voice, and to grant them influence through reasoned argument. However, the precise mechanisms for delivery of this promise remain obscure. After reviewing Habermas's formulation of deliberation, the article draws on recent theories of argumentation to provide a more detailed account of such mechanisms. The article identifies the key emancipatory mechanism as explicitness in language. It outlines the primary modalities of this mechanism: expressing (...) differences of opinion, mobilising a shared standard of inference, and recognising and excluding fallacious appeals to irrelevant factors such as force or authority. It describes how these modalities are enhanced at a secondary, reflexive level that recognises the partiality and defeasibility of particular argumentative exchanges. Such qualifications, it is argued, support a model of deliberation across discourses that allows a clearer appreciation of its potential and limits. (shrink)

There is a certain allure to the idea that cities allow a person to both feel at home and like a stranger in the same place. That one can know the streets and shops, avenues and alleys, while also going days without being recognized. But as elites fill cities with “smart” technologies—turning them into platforms for the “Internet of Things” : sensors and computation embedded within physical objects that then connect, communicate, and/or transmit information with or between each other through (...) the Internet—there is little escape from a seamless web of surveillance and power. This paper will outline a social theory of the “smart city” by developing our Deleuzian concept of the “spectrum of control.” We present two illustrative examples: biometric surveillance as a form of monitoring, and automated policing as a particularly brutal and exacting form of manipulation. We conclude by offering normative guidelines for governance of the pervasive surveillance and control mechanisms that constitute an emerging critical infrastructure of the “smart city.”. (shrink)

This essay develops the idea that Analytic and Continental orientations to political theory are best comprehended not as mortal enemies, but rather as alternative lenses that, together, allow us to better perceive a broader range of significant aspects of political life than is possible by adhering to only one of these approaches. This claim is fleshed out by an analysis of the communicative action paradigm developed by Jürgen Habermas. If this paradigm is revised somewhat in order to make it less (...) dominated by the ideal of consensuality, it can then be taken to be quite attractive in the way it perceptively deploys these two lenses. (shrink)

This article is designed to explore the concept of the social sphere and its relations to public life. `Social sphere' here refers to a societal self-organization to create a common cultural landscape on which various forms of performance and public drama are staged, and through which a social bond among strangers is created and public life maintained. It is argued that different societies have different kinds of social spheres with distinctive forms of cultural performance, and thus create various types of (...) public life. Through a genealogical exploration, four kinds of social spheres (religious ceremonies, public festivals, recreation and consumption), associated with four types of performance (ritual, spectacular, theatrical and magical) are identified. The social transformation of the nature of public life is thereby explored. It is here that I see the structural source of modern individualism and its relations to cultural performance. (shrink)

The end of the Cold War brought about a new wave of proliferation of market economy and democracy. Both are spreading through purposeful efforts of Western exporters and Eastern importers as well as by way of example. These generally positive processes are not, however, without considerable negative side effects and setbacks. The article considers three pairs of dialectical contradictions: parallel democratization and introduction of free markets, democratization and liberalism, and democratization and nationalism. Naïve, hypocritical, and pragmatic approaches to democracy promotion, (...) as well as factors facilitating or hindering democratization (sometimes making it impossible) of specific societies, are analyzed. One of the central problems is the question of absolute or relative (contingent on time, space, and other factors) universality of democracy. The article concludes that democracy has to be mainly demand-driven, not supply-induced. It also considers to what extent external efforts can compensate for the weaknesses of domestic facilitators and what happens when there are attempts to export democracy to societies that are not ready for that. (shrink)

In this article I argue that Jürgen Habermas’ notion of morality (moral norms) has more in common with Hegel’s notion of ‘ethical life’ as a ‘ sittlich ’ relation – understood as a socially integrative force – rather than Kant’s supreme principle of personal morality. I show that Habermas and Hegel, each in his own way, make a distinction between morality and ethics. However, I make the case that Habermas’ conception of ‘morality’ incorporates aspects of Hegel’s notion of ‘ethical life’, (...) while Habermas’ conception of ‘ethical’ – referring to individual and group conceptions of the good life – is a remedy to the shortcomings in Hegel’s overly unified ethical life. I offer an alternative reading of Habermas’ principle of morality, which I suggest should be read as his attempt to provide a binding process to set up the norms that ought to condition a modern political community understood as a civil association. (shrink)

This article offers an alternative to classical hermeneutics, which focuses on discursive products and grasps meaning as the play of difference between linguistic signs. Pragmatist hermeneutics reconstructs meaning through an indefinite triangulation, which brings symbols, icons, and indices to bear on each other and considers a meaningful occasion as an embodied semiotic process. To illuminate the word-body-action nexus, the discussion identifies three basic types of signifying media: (1) the symbolic-discursive, (2) the somatic-affective, and (3) the behavioral-performative, each one marked by (...) a special relationship between signs and their objects. An argument is made that the tension between various type-signifying media is unavoidable, that the pragmatic-discursive misalignment is an ontological condition, and that bridging the gap between our discursive, affective, and behavioral outputs is at the heart of ethical life. (shrink)

This paper argues that Michel Foucault explicitly rejected the model of critique by which he is often understood—by both his defenders and detractors. Rather than justifying norms that could be said to represent “the people;” judging institutions, norms, and practices accordingly; and creating programs for others to enact, he theorized and practiced an experimental social criticism in which specific intellectuals help people work through “intolerable” situations by multiplying the ways they can think about and act upon them. As Foucault’s work (...) with the prisons in France shows, one way intellectuals can be part of the experimental transformations social bodies carry out upon themselves is through genealogical work describing the ways problems have come to be identified—and can thus be transformed. This account of criticism undercuts the problem of justifying a standpoint of critique that has plagued philosophers and suggests a few concrete means of better aligning theory and practice. (shrink)

For all their various disagreements, one point upon which rights theorists often agree is that it is simply part of the nature of rights that they tend to override, outweigh or exclude competing considerations in moral reasoning, that they have ‘peremptory force’, making ‘powerful demands’ that can only be overridden in ‘exceptional circumstances’, Philosophical Foundations of Human Rights, Oxford University Press, Oxford, 2016, p. 240). In this article I challenge this thought. My aim here is not to prove that the (...) traditional view of rights’ stringency is necessarily false, nor even that we have no good reason to believe it is true. Rather, my aim is only to show that we have good reason to think that the foundation of the traditional position is less stable than we might have otherwise supposed and that an alternative conception of rights—one which takes the stringency of any given right as particular to the kind of right it is—is both viable and attractive. In short, to begin to move us towards a more ‘particularist’ conception of rights’ standing in moral reasoning and judgement. (shrink)

ABSTRACT:The transition from modern to postmodern society leads to changing expectations about the purpose and responsibility of leadership. Habermas’s social theory provides a useful analytical tool for understanding current societal transition processes and exploring their implications for the responsibility of business vis-à-vis society. We argue that integrative responsible leadership, in particular, can contribute to the reconciliation of business with societal goals. Integrative responsible leadership understood in a Habermasian way is not only a strategic endeavor but also a communicative endeavor. An (...) essential part of integrative responsible leadership in light of the current societal transformation processes is the facilitation of discourses about a shared base of norms and values. This is exemplified alongside current societal developments like the European migration crisis or the emerging nationalist and fundamentalist movements in some countries. We specify how and when leadership should resort to communicative action and discuss the implications for leadership. (shrink)

For many deliberative theorists, the importance of a public exchange of reasons lies in its capacity to improve the quality of democratic decision making. The 1831-1832 debate over abolishing slavery in Virginia in the state’s House of Delegates raises the question of whether it can do so on its own. The bigotry of those opposing the abolition of Virginian slavery was matched only by the prejudice of those advocating for its end. This paper examines James Bohman’s sophisticated defense of deliberative (...) democracy but argues for the value of negative and disclosive experience. (shrink)

This article problematizes the republican reliance on contemporary ‘states as they are’ as protectors and guarantors of the republican notion of freedom as non-domination. While the principle of freedom as non-domination constitutes an advance over the liberal principle of freedom as non-interference, its reliance on the national, territorial, legal-technical and extra-economic contemporary state prevents the theoretical uncovering of its full potential. The article argues that to make the most of the principle of freedom as non-domination, a strong Athenian element is (...) required. The democratic confederalist project that is being experimented with by Syrian Kurds in the cantons of Rojava, it is maintained, can contribute theoretically and practically to this republican ideal through its democratic and participatory mechanisms, despite fundamental challenges it has to face. (shrink)

In this paper, I argue that the asymmetrical mediated communication of the broad democratic public sphere can profitably be understood through the lens of deliberative democracy only if we adopt a system approach to deliberation. A system approach, however, often introduces a division of labor between ordinary citizens and experts. Although this division of labor is unavoidable and I believe compatible with a deliberative principle of legitimacy, it flirts with elitist theories of democracy: epistemic elites come up with the agendas, (...) ideas, and policy positions and democratic publics ratify or repudiate the agendas but do not generate or really engage with them. This I argue would violate an essential defining feature of deliberative democracy, namely that epistemic quality and equal participation are tightly linked. I turn to Habermas and his idea of a feedback loop as a possible solution to this dilemma. (shrink)

John Dryzek's justification of deliberative democracy rests on a critique of instrumental rationality and a defence of Habermas's idea of communicative rationality. I question each stage of Dryzek's theory. It defines instrumental rationality broadly but only criticises narrow applications of it. It conflates communicative rationality with Habermas's idea of ‘discourse’ – the real motor of Dryzek's democratic theory. Deliberative democracy can be better defended by avoiding overstated criticisms of instrumental rationality, by altering the emphasis on communicative rationality, and by focusing (...) more on different models of politics than different models of rationality. Dryzek's theory can thus present deliberative democracy as a better means to better ends – a more powerful and more positive position. (shrink)

This article investigates the forms of respect and responsiveness that must be present in the process of practical reason. Drawing upon Jürgen Habermas’ discourse theory and his incidental remarks about aesthetics, I identify two modes of respect. The first is the mutual respect and equality that emerges in the process of coming to agreement on proposed norms; the second is the call to infinite responsibility that emerges in opening to the transcendent character of others. However, Habermas makes an error in (...) treating these two types of response as appropriate for different classes of beings when he suggests that mutual respect is appropriate for humans, but asymmetry is appropriate when humans deal with animals or others who are incapable of communicative action. Rather, drawing upon the work of Emmanuel Levinas, I argue that both responses are always present in all encounters with the world. There is therefore an aporia at the heart of the process of practical reason: the responsiveness required in the exercise of practical reason demands that participants be open not just to another's opinions and claims, but also to precisely that which is not understood, which entails the idea of infinite responsibility. It is the movement between these orientations that enacts the main features of ethical life. (shrink)

In this article, I address the question: what kind of normative principles should regulate the governance processes through which migration across international borders is managed? I begin by contrasting two distinct categories of normative controversy relating to this question. The first is a familiar set of moral controversies about justice within border governance, concerning what I call the ethics of exclusion. The second is a more theoretically neglected set of normative controversies about how institutional capacity for well functioning border governance (...) can best be achieved, concerning what I call the constitution of control of international borders. I argue that progress can be made in resolving controversies of the latter kind by applying a new normative theory of political legitimacy, distinct from the moral theories of justice routinely applied to ethics of exclusion controversies. On the ‘collective agency’ model of political legitimacy that I propose here, principles of political legitimacy have the regulatory role of combating complex collective action problems that may otherwise impede an institution’s collectively valuable functions. Through applying this theory, I sketch some provisional prescriptions for the design of international border governance institutions that may follow from the demand for strengthening their political legitimacy. (shrink)

Contemporary Anglo-American political thought is witnessing a revival of theories of deliberative democracy. The principle of public argumentation, according to which the legitimation of a general norm is predicated upon a rational and open dialog among all those affected by this norm, constitutes their common underlying assumption. This assumption is itself grounded in the metatheoretical claim that arguing is the defining activity of a demos of free and equal members. Habermas' well-known formulation of communicative or discursive democracy represents one of (...) the earliest, most discussed, and indeed most emblematic versions of the existing models of deliberative democracy. It is here, I believe, that Castoriadis' political theory can prove exceptionally important as it provides a starting point and a solid ground for articulating one of the most incisive and convincing critiques of the limits and flaws of communicative democracy. Although Castoriadis himself never directly discussed deliberative democracy as such, we can try to approximate from various parts of his work what he might have thought about, especially when it comes to Habermas' model. (shrink)

Kant proposes a unique and necessary presupposition of our faculty of judgment. Empirical nature, together with its diverse laws, must be judged as if it were a coherent unity. In a teleological judgment, we add that nature must be judged as if it were purposively designed for our faculty of judgment. In this article, I argue that Kant's insights on reflective teleological judgment - the least commentedupon element of the Critical philosophy - are adopted by Dworkin towards a philosophy of (...) law and adjudication. I claim Dworkin's concept of ‘integrity’ strictly, but tacitly, partakes of the structure of Kant's teleological judgment in its presumption of systematicity in juridical laws and unity of community which designs and abides its own principles. Throughout, I draw on Gilles Deleuze - a philosopher who complains of being ‘against judgment’ and wishes ‘to have done with judgment’ - to critique both the presuppositions and effects of such teleological judgment and the image of law it proposes. Using Deleuze I hope to characterize and criticize the teleological theory of judgment and also fruitfully engage Deleuze with problems of law scarcely addressed either by himself or by commentary. Key Words: Gilles Deleuze • Ronald Dworkin • integrity • judgment • Immanuel Kant • law • principle • teleology. (shrink)

Solidarity is crucial for realizing justice, securing public goods, and reducing domination. Yet there have been few theoretical studies of its threats and vulnerabilities. In this paper I fill this lacuna, outlining four approaches to what undermines solidarity and considering their implications for contemporary political theory. I begin by reviewing the empirical literature on solidarity, noting that its focus on diversity and individuation has yielded inconclusive results. I then develop four alternative threats to solidarity by drawing from the history of (...) political thought, social theory, and religious studies: interpersonal dependence (Jean-Jacques Rousseau); radical evil (Immanuel Kant); self-dissolution (Émile Durkheim); and moral spectatorship (Emmanuel Levinas). Taking these threats into account, I conclude, should significantly impact our normative theorizing about solidarity. In particular, it should encourage a research agenda that attends to solidarity’s affective, esthetic, and non-rational sources. (shrink)

In this dissertation I explore the conceptual relationship between equality and resistance in political philosophy. Through examination of the work of Jean-Jacques Rousseau, Karl Marx, John Dewey, and Jacques Rancière, I formulate a position called Fractured Social Holism. This is a problematic that attempts to articulate core issues at stake in the debates surrounding the purposes, meanings, and possibilities for politics. Through Fractured Social Holism I articulate a theory of equality that emphasizes the communities upon which societys institutions intend to (...) distribute equality, arguing that resistance on the part of a populationgroup opposition, formal or informal, to some element of the societal status quoconceptually grounds equality and its distribution by articulating its very possibilities. My central questionHow is equality constituted?focuses on the community itself in order to shift agency from institutions that distribute equality to those who demand it. It emphasizes the active role of the people in the constitution of a community of equals, as well as the fact that the very notion of the people is what is at stake in that constitution; popular resistance challenges the very meaning and content of any given people. I understand equality in the broadest possible sense, in terms of the opportunity of each and all within society to participate in dictating the terms of their public engagement with that society and with others within it. I argue for the possibility of resistance within egalitarian community in Rousseau, the limits of what that resistance in egalitarian society looks like in Marx, how egalitarian communities can organize themselves in Dewey, and how subjectivity relates to mechanisms of resistance and political action within society in Rancière. These historical interpretations and the conceptual framework they engender provide a novel means of thinking about issues of paramount importance in contemporary political philosophy, including pluralism, oppression and domination, and the purposes and meaning of politics, remaining true to a normative vision of equality while insisting on the necessity of the peoples resistance to the status quo in the name of a re-imagined vision of social harmony. (shrink)

In this article, I argue that conventional reasoning on corporate social responsibility (CSR) is based on the assumption of a liberal market economy in the context of a nation state. I build on the study of Scherer and Palazzo (Acad Manage Rev 32(4):1096-1120, 2007), developing a number of criteria to identify elements of liberal philosophy in the ongoing CSR debate. I discuss their occurrence in the CSR literature in detail and reflect on the implications, taking into account the emerging political (...) reading of the firm. I conclude that the apolitical framework in the mainstream CSR literature has to be overcome since it does not reflect recent changes in the socio-economic conditions for economic actors in a globalizing world. (shrink)

In March 2008, the German Federal Constitutional Court (GFCC) has passed an important, even though preliminary, decision concerning data retention. The GFCC’s decision accepts the storage of data, but greatly restricts their use to serious offenses like murder and organized crime. From an ethical point of view, it is particularly interesting to look at the justification given by the GFCC, which relies heavily on the argument that the “impartiality” (Unbefangenheit) of communication will be thoroughly damaged if feelings of being watched (...) spread in a society. This argument is examined in view of two contrasting theoretical approaches: Discourse ethics and evolutionary contractarian theory. (shrink)