One of the main themes of Bobbio’s writings was the relationship between law and politics. Yet an ambiguity runs through his writings on this point. He saw politics and law as intimately related, with the one entailed by the other. Yet, the tautologous relationship he saw as existing between the two posed a potential problem – what could be called the Hobbes challenge. For if politics is impossible without law, yet all law flows from politics, then we seem faced with (...) a dilemma of either a vicious circle or an infinite regress. Bobbio never really confronted this dilemma, although in a bid to escape the prospect of the Hobbesian lawless sovereign he gestured towards a natural law solution at odds with his legal positivism. Instead, this article suggests an alternative in precisely the non-sovereign account of politics Hobbes criticized, that of a republican democracy based on political equality rather than popular sovereignty. In this account, the rule of law can be reconciled with the rule of persons precisely because men must rule together as rulers and ruled in turn, rather than any one or group of them permanently ruling over the others. Law on this account results from a particular type of politics. (shrink)

The growing appreciation of the global environmental crisis has generated what should have been a predictable response: those with power are using it to appropriate for themselves the world’s diminishing resources, augmenting their power to do so while further undermining the power of the weak to oppose them. In taking this path, they are at the same time blocking efforts to create forms of society that would be ecologically sustainable. If there is one word that could bring into focus what (...) is wrong with this response it is ‘democracy’. Democracy means power in the hands of the people, which, by definition, means opposition to the concentration of power. It is inconceivable that if we had genuine democracy, where people were fully informed of the issues, they would not choose to share the burdens of scarcity and organize to live in accordance with the limits of their environment. Yet the notion of democracy is problematic. Those striving to concentrate power are pursuing this in the name of democracy. They have identified democracy with the imposition of free markets and the freedom of people to use their wealth to dominate others. In this paper I will show how process philosophy provides the basis for justifying and further developing the traditional notion of democracy to counter this reformed notion, providing a vision of a democratic form of society that could address environmental problems. To achieve this, I will argue, it is necessary to reformulate the grand narrative of civilization on the basis of human ecology, a science which, construing humans as participants in a creative nature, can replace economics as the master science for formulating public policy. (shrink)

Should democracts value the freedom to choose? Do people value facing distinct choices when they make collective decisions? ‘Autonomy’ – the ability to participate in the making of collective decisions – is a paltry notion of freedom. True, democrats must be prepared that their preferences may not be realized as the outcome of the collective choice. Yet democracy is impoverished when many people cannot even vote for what they most want. ‘The point is not to be free, but to act (...) freely.’ Rosa Luxemburg Footnotes I am grateful to Jess Benhabib and Bernard Manin for several heated discussions and to Joanne Fox-Przeworski, Dimitri Landa, Avishai Margalit, and Ignacio Sanchez-Cuenca for comments. Special thanks are due to the editor of this journal, Geoffrey Brennan, for pushing me further than I was prepared to go. (shrink)

If deliberative democracy is to be more than a critique of current practice and achieve the normative goals ascribed to it, its norms must be approximated in practice and combine its two elements, popular deliberation with democratic decision-making. In combining these, we come across a Weberian dilemma between legitimacy and effectiveness. One of the most popular methods for institutionalizing deliberative democracy, which has been suggested, is citizen associations in civil society. However, there has been a lack of precise and detailed (...) discussion about how such a system could link macro deliberations in public spheres with micro and formal decision-making arenas. This paper aims to amend this and offers a dualist model, which ensures that deliberation and decision-making are linked, and an effective balance between the Weberian dilemma is achieved, through the same secondary associations fulfilling both roles. The first part of this strategy focuses on the informal public sphere and its networks and their potential to foster deliberative communication between secondary associations and between these associations and the state that helps transform preferences and set the agenda for decision-making. The second part is mediating forums, organized by quangos, with devolved powers, where representatives from secondary associations assemble to make decisions based upon the norms of deliberative democracy. If deliberative democracy can be approximated in practice then it becomes a more persuasive theory as it means the normative goals attributed to it could actually be achieved, which is why the dualist method is significant. (shrink)

In recent work, Cheryl Misak has developed a novel justification of deliberative democracy rooted in Peircean epistemology. In this article, the author expands Misak's arguments to show that not only does Peircean pragmatism provide a justification for deliberative democracy that is more compelling than the justifications offered by competing liberal and discursivist views, but also fixes a specific conception of deliberative politics that is perfectionist rather than neutralist. The article concludes with a discussion of whether the `epistemic perfectionism' implied by (...) the pragmatist argument could be endorsed by liberal democrats. Key Words: deliberative democracy • epistemology • liberalism • Cheryl Misak • Charles Peirce • perfectionism • pragmatism • truth. (shrink)

Overcoming corruption and authoritarian government in developing countries is hampered by global institutional arrangements. In particular, international borrowing and resource privileges, which entitle those exercising power in a country to borrow in its name and to effect legally valid transfers of ownership rights in its resources, can be obstacles to achieving democracy. These international conventions greatly increase the incentives toward attempts at coups d'état, especially in countries with a large resource sector. In exploring how this problem might be highlighted and (...) addressed, it is essential to understand that affluent societies have a great interest in upholding the prevailing institutional arrangements: Their banks benefit from their international lending and, far more importantly, their firms and people benefit greatly from cheap resource supplies. Institutional reform is more likely, then, to come from the developing countries.Thus, fledgling democracies may be able to improve their stability through constitutional amendments that bar future unconstitutional governments from borrowing in the country's name and from conferring ownership rights in its public property. Such amendments would render insecure the claims of those who lend to, or buy from, dictators, thus reducing the rewards of coups d'état. This strategy might be resisted by the more affluent societies, but such resistance could perhaps be overcome if many developing countries pursued the proposed strategy together, and if some moral support emerged among the citizenries of affluent societies. (shrink)

In this essay I investigate conceptual foundations of populist ideological attempts to decontest the language, symbols and ambitions of popular sovereignty. Using Michael Freeden's morphological approach to analysing ideologies, I argue that unpacking the conceptual basis of populist incursions into contemporary political narratives sheds important light on left?right contests over the nature of democracy. From this vantage point, we see that forces on the left and right contest the normative and policy implications of three key features in populism's normative democratic (...) core: (1) the relationship between popular sovereignty and representation; (2) the nature of equality; and (3) the political economy of the conflict between ?the people? and elites. (shrink)

This paper explores the issue of democracy and the role of the democratic classroom in the development of society in general, and the way in which educators understand and deal with diversity in particular. The first part of the paper explores different meanings of democracy and how they can be manifested in the classroom. We argue that the idea of a ‘democratic classroom’ is far too broad a category; democracy is defined in action and can have realist or pragmatic characteristics, (...) elitist or pluralist roots. The realist form of social education was championed by political scientist Charles Merriam, while a social educative process more dependent on pragmatic problem solving was pursued by educational philosopher John Dewey and those who followed in his theoretical wake. The history of democracy in the United States, and the battles of how to import different meanings of democracy into the classroom over the course of the 20th century is explored, suggesting that the educational establishment has a tendency to adopt more realist/elitist forms of civic education. We present five ‘democratic’ classrooms with different characteristics to illustrate the different characteristics social education can exhibit. In the second part of the paper we discuss the relationship between different types of democratic classrooms and issues of race/ethnicity/culture. (shrink)

This paper attempts to demonstrate that bottom-up popular vote processes (the optional referendum and citizens’ initiative) focused on ordinary legislation can help to improve democratic self-government by uniquely facilitating the development and expression of various forms of political agency. Most significantly, it is argued that such popular vote processes can be designed in ways that endow them with significant deliberative credentials. Methodologically, the paper employs Mark E. Warren’s problem-based approach to democratic theory, which provides the conceptual tools necessary to advance (...) a) a novel case for recovering popular vote processes as a valid institutional toolkit for exploration by democratic theory and b) an empirically informed set of best practices that can provide critical resources for normatively scrutinizing existing institutionalizations of bottom-up popular vote processes across the world. (shrink)