The debate between legal constitutionalists and critics of constitutional rights and judicial review is an old and lively one. While the protection of minorities is a pivotal aspect of this debate, the protection of disenfranchised minorities has received little attention. Policy-focused discussion—of the merits of the Human Rights Act in Britain for example—often cites protection of non-citizen migrants, but the philosophical debate does not. Non-citizen residents or ‘denizens’ therefore provide an interesting test case for the theory of rights as trumps (...) on ordinary representative politics. Are they the ultimate success story of the human rights framework? Or was Michael Walzer correct to describe government of denizens by citizens as a modern form of ‘tyranny’? This paper argues that neither liberal rights theorists nor democratic republicans provide a coherent response to the existence of denizens. Liberal rights theorists overstate the extent to which a politically powerless status can secure individual rights, while democratic republicans idealise the political process and wrongly assume that all those affected by laws are eligible for political participation. The paper outlines an alternative model for assessing the accountability of states to their non-citizen population, informed by the republican ideal of non-domination. It identifies gaps in state accountability to denizens–such as where there is inadequate diplomatic protection—and argues that these gaps are particularly troubling if their exit costs of leaving the state are high. (shrink)

In this article I examine the main conceptions of public reason in contemporary political philosophy in order to set the frame for appreciating the novelty of the pragmatist understanding of public reason as based upon the notion of consequences and upon a theory of rationality as inquiry. The approach is inspired by Dewey but is free from any concern with history of philosophy. The aim is to propose a different understanding of the nature of public reason aimed at overcoming the (...) limitations of the existing approaches. Public reason is presented as the proper basis for discussing contested issues in the broad frame of deep democracy. (shrink)

A citizen is a member of a political community who enjoys the rights and assumes the duties of membership. This broad definition is discernible, with minor variations, in the works of contemporary authors as well as in the entry “citoyen” in Diderot's and d'Alembert's Encyclopédie..

It is often assumed that democracies can make good use of the epistemic benefi ts of diversity among their citizenry, but difficult to show why this is the case. In a deliberative democracy, epistemically relevant diversity has three aspects: the diversity of opinions, values, and perspectives. Deliberative democrats generally argue for an epistemic form of Rawls' difference principle: that good deliberative practice ought to maximize deliberative inputs, whatever they are, so as to benefi t all deliberators, including the least eff (...) ective. The proper maximandum of such a principle is not the pool of reasons, but rather the availability of perspectives. Th is sort of diversity makes robustness across different perspectives the proper epistemic aim of deliberative processes. Robustness also offers a measure of success for those democratic practices of inquiry based on the deliberation of all citizens. (shrink)

Demokratien geraten zunehmend unter Druck. Dabei wird die Bedeutung von Demokratie selbst zum Gegenstand der Auseinandersetzung. Diese Auseinandersetzungen nimmt der vorliegende Band zum Anlass, die Bedeutung von Demokratie grundsätzlich zu untersuchen. Mit dem Begriff der Konstituenzien sind dabei jene wesentlichen Bedingungen gemeint, die Demokratie ausmachen. Die meisten dieser Bedingungen sind normativ. Was Demokratie ist, wird auch und gerade dadurch bestimmt, was Demokratie sein sollte. Damit geht es um jene Normen, deren Verwirklichung politische Praktiken zu demokratischen Praktiken macht. Sind diese Normen (...) nur eingeschränkt verwirklicht, mindert sich der demokratische Gehalt von Politik. Inwieweit ist dann nun aber eigentlich der Fall? Und was können wir dagegen tun? Antworten auf diese Fragen geben einschlägige Vertreterinnen und Vertreter aus Philosophie, Politik- und Rechtswissenschaft. (shrink)

Contrary to the popular belief, I argue that a more inclusive polity does not necessarily conflict with the goal of improving the epistemic capacities of deliberation. My argument examines one property of democracy that is usually thought of in non-epistemic terms, inclusion. Inclusion is not only valuable for moral reasons, but it also has epistemic virtues. I consider two epistemic benefits of inclusive deliberation: inclusive deliberation helps to create a more complete picture of the world that everyone dwells together; and (...) inclusive deliberation can be helpful in reducing biases and errors endemic to a society. Having advanced two epistemic arguments for inclusive deliberation, I argue that the Deweyan model best captures the knowledge-pooling function of deliberation. (shrink)

Scholars like Alison Kadlec, Melvin Rogers and R.W. Hildreth have recently confronted the claim that Dewey’s pragmatism lacks resources to approach issues of power, but they have not given a unified account of what theoretical framework Dewey’s pragmatism provides to grapple with such issues and to articulate standards for social criticism. In this article, I explore one such framework: Dewey’s outline of a social philosophy developed in his Lectures in China. Here, Dewey derives immanent standards for social criticism through sociological (...) and historical perspectives. Such standards are articulated in terms of social relationships of mutuality and recognition in and between groups; on such standards, social institutions and practices are to be criticized in so far as they embody relationships of domination disabling individual development and social and political participation. Dewey’s critical project extends to cultural sources of normative authority, and I further explore his social philosophy in terms of an ‘immanent cultural criticism’. (shrink)

Current work on populism stresses its relationship to nationalism. However, populists increasingly make claims to represent ‘the people’ across beyond national borders. This advent of ‘transnational populism’ has implications for work on cosmopolitan democracy and global justice. In this paper, we advance and substantiate three claims. First, we stress populism’s performative and claimmaking nature. Second, we argue that transnational populism is both theoretically possible and empirically evident in the contemporary global political landscape. Finally, we link these points to debates on (...) democracy beyond the state. We argue that, due to the a) performative nature of populism, b) complex interdependencies of peoples, and c) need for populists to gain and maintain support, individuals in one state will potentially have their preferences, interests, and wants altered by transnational populists’ representative claims. We unpack what is normatively problematic in terms of democratic legitimacy about this and discuss institutional and non-institutional remedies. (shrink)

Reference to the state is ubiquitous in debates about global justice. Some authors see the state as central to the justification of principles of justice, and thereby reject their extension to the international realm. Others emphasize its role in the implementation of those principles. This chapter scrutinizes the variety of ways in which the state figures in the global-justice debate. Our discussion suggests that, although the state should have a prominent role in theorizing about global justice, contrary to what is (...) commonly thought, acknowledging this role does not lead to anti-cosmopolitan conclusions, but to the defense of an “intermediate” position about global justice. From a justificatory perspective, we argue, the state remains a key locus for the application of egalitarian principles of justice, but is not the only one. From the perspective of implementation, we suggest that state institutions are increasingly fragile in a heavily interdependent world, and need to be supplemented—though not supplanted—with supranational authorities. (shrink)

A globalized world, some argue, needs a global democracy. But there is considerable disagreement about whether global democracy is an ideal worth pursuing. One of the main grounds for scepticism is captured by the slogan: “No global demos, no global democracy.” The fact that a key precondition of democracy—a demos—is absent at the global level, some argue, speaks against the pursuit of global democracy. The paper discusses four interpretations of the skeptical slogan—each based on a specific account of the notion (...) of “the demos”—and concludes that none of them establishes that the global democratic ideal must be abandoned. In so doing, the paper (i) systematizes different types of objections against global democracy, thus bringing some clarity to an otherwise intricate debate and (ii) offers a robust but qualified defense of the global democratic ideal. (shrink)

Some have recently argued that the current generation dominates future generations by causing long-term climate change. They relate these claims to Philip Pettit and Frank Lovett’s neorepublican theory of domination. In this paper, I examine their claims and ask whether the neorepublican conception of domination remains theoretically coherent when the relation is between current agents and nonoverlapping future subjects. I differentiate between an ‘outcome’ and a ‘relational’ conception of domination. I show how both are theoretically coherent when extended to posterity (...) but only if we make different definitional and normative choices than those made by Pettit and Lovett. (shrink)

The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this guiding methodology further (...) and show how the special issue’s individual contributions apply it to their cases. In the first section, we provide a sketch of our purpose-dependent theory of legitimacy beyond the state. We then highlight two features of the institutional context beyond the state that set it apart from the domestic case: problems of feasibility and the structure of international law. (shrink)

World Crisis and Underdevelopment examines the impact of poverty and other global crises in generating forms of structural coercion that cause agential and societal underdevelopment. It draws from discourse ethics and recognition theory in criticizing injustices and pathologies associated with underdevelopment. Its scope is comprehensive, encompassing discussions about development science, philosophical anthropology, global migration, global capitalism and economic markets, human rights, international legal institutions, democratic politics and legitimation, world religions and secularization, and moral philosophy in its many varieties.

Some have recently argued that the current generation dominates future generations by causing long-term climate change. They relate these claims to Philip Pettit and Frank Lovett's neorepublican theory of domination. In this paper, I examine their claims and ask whether the neorepublican conception of domination remains theoretically coherent when the relation is between current agents and nonoverlapping future subjects. I differentiate between an ‘outcome’ and a ‘relational’ conception of domination. I show how both are theoretically coherent when extended to posterity (...) but only if we make different definitional and normative choices than those made by Pettit and Lovett. (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)

This article argues that the standard model of political representation mischaracterises the structure of representation. After surveying the classical types of representation and their application to non-humans, the basic nature of representation is shown to have been unduly centred on interests, responsiveness and unidirectional protocols. It proposes a different structure by drawing inspiration from recent scholarship and developments in political philosophy, as well as the representation of non-human actors. It proposes an ontological grounding of representation in ‘irreducible multiplicity’, and a (...) structural analysis based on the concepts of claim and relation. This abstract form of representation can take into account both human and non-human cases, and works to ground different typologies. The relational structure of representation creates interests and preferences, subjects and actors, power dynamics and seemingly immutable identities. (shrink)

This paper approaches the issue of cosmopolitanism from the vantage point of hospitality. The notion of hospitality throws into relief some issues that are at the heart of political cosmopolitanism, but cannot be addressed by it. This is because these issues do not necessarily revolve around the category of the citizen, but around the categories of stranger and outsider. The paper critiques the tendency to conflate the categories of the stranger and the outsider and goes on to argue that the (...) standard cosmopolitan extension of democracy to international contexts risks reproducing the exclusion of “outsiders” by nation-states, even democratic ones. (shrink)

Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...) dominating relationships within markets of all types, be they marital, labour, or residential. The substantial intervention and redistribution necessitated by such an approach make it leftist, while its tendency to work with rather than against the grain of markets makes it centrist. It is, in short, a contribution to progressive republican political thought, but one that is less social-democratic than market-democratic in character. (shrink)

In this paper, we determine whether illegal hunting should be construed as a crime of dissent. Using the Nordic countries as a case study where protest-driven, illegal hunting of protected wolves is on the rise, we reconsider the crime using principles of civil disobedience. We invoke the conditions of intentionality, nonevasion, dialogic effort, non-violence and appeal to parameters of reasonable disagreement about justice and situate the Nordic illegal hunting phenomenon at a nexus between conscientious objection, assisted disobedience and everyday resistance. (...) This examination leads us to contend that the crime has heretofore received an inadequate response limited to punishment and deterrence. This contention finds support in the worsening predicaments of illegal hunting following harsh sanctions and stigmatization. Although hunters publicize injustices through their crimes, we find that killing wolves as a means to deliberative ends disqualifies hunters’ dissent as legitimate disobedience, creating an obligation of deliberative uptake on the part of society. Nonetheless, in a critical contribution to the field of criminal justice, we argue that it is instead the conditions of deliberative suboptimality experienced by hunters that create this obligation of uptake. Hence, in order to fulfill this obligation, we contend that the burden falls on regulatory agencies to better articulate the justifications for the policies that coerce hunters. We also advocate creating novel institutions to provide hunters with effective opportunities for contesting wildlife conservation directives. (shrink)

Neuroethics applies cognitive neuroscience for prescribing alterations to conceptions of self and society, and for prescriptively judging the ethical applications of neurotechnologies. Plentiful normative premises are available to ground such prescriptivity, however prescriptive neuroethics may remain fragmented by social conventions, cultural ideologies, and ethical theories. Herein we offer that an objectively principled neuroethics for international relevance requires a new meta-ethics: understanding how morality works, and how humans manage and improve morality, as objectively based on the brain and social sciences. This (...) new meta-ethics will simultaneously equip neuroethics for evaluating and revising older cultural ideologies and ethical theories, and direct neuroethics towards scientifically valid views of encultured humans intelligently managing moralities. Bypassing absolutism, cultural essentialisms, and unrealistic ethical philosophies, neuroethics arrives at a small set of principles about proper human flourishing that are more culturally inclusive and cosmopolitan in spirit. This cosmopolitanism in turn suggests augmentations to traditional medical ethics in the form of four principled guidelines for international consideration: empowerment, non-obsolescence, self-creativity, and citizenship. (shrink)

En este ensayo analizo algunas dificultades conceptuales asociadas a la exigencia de que las instituciones globales adquieran un grado mayor de legitimidad democrática. En ausencia de un Estado mundial, puede parecer inconsistente exigir que las instituciones globales sean responsables ante todos los que han de acatar sus decisiones y al mismo tiempo insistir en que los miembros de dichas instituciones, en tanto que representantes de sus respectivos Estados, mantengan las responsabilidades especiales que tienen con los ciudadanos de sus propios países. (...) Esta dificultad parece insuperable a la luz de la extendida aceptación de la concepción de los derechos humanos centrada en el Estado, según la cual los Estados, y sólo ellos, son los responsables principales de proteger los derechos de sus ciudadanos. Contra esta concepción, defiendo la plausibilidad de una concepción alternativa, pluralista de las obligaciones derivadas de los derechos humanos. Para ello argumento que, si se tiene en cuenta la distinción tripartita entre la obligación de respetar, proteger y realizar los derechos humanos, no hay ninguna dificultad conceptual en exigir que tanto los Estados como los actores no estatales se responsabilicen por sus respectivas obligaciones en materia de derechos humanos. (shrink)

The paper assesses the questions if and, if yes, how the republican conception of free statehood can and should inform a compelling understanding of a legitimate post-Westphalian political order. To answer these questions, it, first, reconstructs the foundational arguments of republican internationalists in favour of free states and, second, assesses the points of contention republican cosmopolitans raise. Third, it develops an alternative approach, a republicanism of plural polities: Based on a relational and multi-dimensional understanding of citizenship, the paper questions the (...) strong internationalist reliance on the citizenship-state-nexus and on statehood in general, but also takes issue with cosmopolitans’ neglect of the boundedness of democratic self-determination. A republicanism of plural polities as a multi-perspectival approach to democratic institution-building in and beyond the state is open to constellations of plural polities of different forms and on different political levels while simultaneously recognising the particularity of each ‘free polity’. It thereby adds a new dimension to debates on the political forms legitimate institutions can assume under post-Westphalian conditions and opens avenues for research on inter-polity relations, on more complex constellations of self-rule and shared rule as well as of multilateral decision-making, on sovereignty and independence. The latter are exemplified by reference to the European context. (shrink)

The paper presents a renewed Habermasian view on transnational multi-stakeholder initiatives and assesses the institutional characteristics of the Equator Principles Association from a deliberative democracy perspective. Habermas’ work has been widely adopted in the academic literature on the political responsibilities of corporations, and also in assessing the democratic qualities of MSIs. Commentators, however, have noted that Habermas’ approach relies very much on ‘nation-state democracy’ and may not be applicable to democracy in MSIs—in which nation-states are virtually absent. We argue that (...) Habermas’ detailed conceptualization of the institutionalization of deliberative democracy can be applied to transnational MSIs if these initiatives can be said to have their own ‘dèmoi’ that can be represented in associational decision-making. Therefore, we develop a definition of the dèmos of an MSI based on the notion of collective agency. Subsequently, we explain how Habermas’ approach to democracy can be applied to MSIs and show that it has more to offer than hitherto has been uncovered. Our illustrative analysis of the EPA confirms the criticisms regarding this MSI which have recently been articulated by researchers and practitioners, but also yields new findings and possible avenues for the further development of the EPA: That is, although our assessment suggests that the EPA in its current state is still far from being a democratic MSI, the possibility of a sensible analysis of its democratic character indicates that transnational MSIs can, in principle, help to fill governance gaps in a democratic way. (shrink)

Según cuentan algunos de sus colegas y discípulos, al momento de su temprana muerte, en 1993, Carlos Nino estaba comenzando a estudiar la posibilidad de trasladar sus teorías al plano internacional. En este trabajo pretendo retomar al menos un aspecto de aquel proyecto, preguntándome cómo hubiera trasladado Nino su teoría de la democracia al plano global. En otras palabras, intentaré especular respecto de cómo podrían insertarse las ideas nineanas en la discusión actual en materia de democracia global. Mi hipótesis es (...) que, por un lado, Nino habría reclamado la creación de nuevas instancias de participación popular en los procesos de creación e implementación del derecho internacional; pero a la vez, por otro lado, habría defendido el núcleo duro de la “constitución histórica” del derecho internacional, basada en un sistema interestatal y descentralizado. According to some of his colleagues and disciples, when Carlos Nino died, in 1993, he was beginning to work on a project trying to extrapolate his theories to the international realm. In this paper, I pick up at least an aspect of that project, and I analyze how Nino would have extrapolated his theory of democracy to the global arena. In other words, I speculate regarding how could Nino’s ideas be inserted into the current debates on global democracy. My hypothesis is that, on the one hand, Nino would have demanded new instances of popular participation in the processes of creation and implementation of international law, and on the other hand, that he would have somehow defended the “historical constitution” of the international community, based on an decentralized, inter-state system. (shrink)

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

Democracy seems to be no longer self-evident. Colin Crouch and others describe a growing sense of alienation in politics: democratic institutions and procedures may be working properly, yet they themselves promote non-democratic values such technocracy, oligarchy, elitism. For the citizens, only an illusion of democracy persists. The article argues that the weakening of democracy in practice mirrors the vanishing of democracy in political theory and philosophy. We may face a crisis of democratic politics as a result of a crisis of (...) democratic theory. Predominant theories of democracy fail, for the most part, to adequately reflect the changing social conditions in democratic societies and to offer a conception of democratic politics that would address current legitimacy deficits. The article discusses prominent theoretical approaches and points out that all have difficulties conceptualizing possible resources for democratization adequate to contemporary issues and conditions. A new version of political theory is outlined and defended, such that builds upon a redefined notion of democratic sovereignty and communicative power, complex enough to reflect the sociological reality of today’s politics and to reach beyond the institutionalized and formalized setting of democracy. (shrink)

Theories of global justice have moved from issues relating to crimes against humanity and war crimes or, furthermore, ?negative duties? with respect to non-citizens, towards problems of distributive justice and global inequality. Thomas Nagel's Storrs Lectures from 2005, exemplifying Rawlsian internationalism, argue that liberal requirements concerning duties of distributive justice apply exclusively within a single nation-state, and do not extend to duties of this nature between rich and poor countries. Nagel even argues that the demand for global equality is not (...) a demand of justice at all. In the present article I will try to offer a normative basis for the criticism of such a view. Following Kant and more recently Philip Pettit, I locate this normative basis on political freedom conceived as non-domination. Such a conception opens up the possibility of a political cosmopolitanism, which is based not on an empirical interdependence among people at a global level, but on a normative interdependence. Subsequent cosmopolitan duties extend both to the elimination of domination everywhere in the world and to the equal enjoyment of non-dominated choice. Thus, it will be argued that modern republicanism is falsely identified with a particular, bounded community, but supports a political, not simply a moral, cosmopolitanism. This kind of cosmopolitanism conceives of sovereign states neither as useless constructions, nor as mere instruments for realizing the pre-institutional value of justice among human beings. Instead, their existence is what gives the value of justice its application. Cosmopolitanism is not after all about the abolishment of all boundaries, but about the essential capacity to draw and redraw them infinitely under conditions of global justice. (shrink)

Searching for the specific contribution of the life sciences to global justice in agriculture and food, one is faced with six global problems that haunt the world today. These are: population growth (9.2 billion by 2050); the gap between poor and rich peoples; hunger and obesity; increasing environmental pressures; climate change; and instable power relations and systems. Most of them seem to have a strong connection with the dominant system in agriculture which is high input and capital- and resource-intensive with (...) high energetic output (food), at the cost of other factors important for sustainable development, like food quality, fresh water and liveable temperatures. However, beside this dominant system there is a plurality of other, often local, agricultural systems that don't have these disadvantages or have them in a lesser degree, and they are in particular located in the South. The current prominent perspectives on global justice, like the consequence-oriented one of Peter Singer and the rights- and institutions-oriented one of Thomas Pogge, neglect the importance of plural and local agricultural and food practices for sustainable and fair global development. Partly complementary to these perspectives, Amartya Sen has developed a capabilities approach that emphasises human capacities and the role of democracy. In complementing his approach we develop an agency- and practice-oriented perspective that stresses the importance of networking the agricultural practices that strive to enhance the quantity and quality of food systems. The tasks of the life sciences for agriculture and food would then be to develop technologies that take into account the plural practices of the poor in the production, processing and consumption of food. This whole chain oriented approach requires from life scientists more than just doing research in laboratories; their task is also to connect their laboratory work with farmers' practices and experiments. (shrink)

Searching for the specific contribution of the life sciences to global justice in agriculture and food, one is faced with six global problems that haunt the world today. These are: population growth ; the gap between poor and rich peoples; hunger and obesity; increasing environmental pressures; climate change; and instable power relations and systems. Most of them seem to have a strong connection with the dominant system in agriculture which is high input and capital- and resource-intensive with high energetic output, (...) at the cost of other factors important for sustainable development, like food quality, fresh water and liveable temperatures. However, beside this dominant system there is a plurality of other, often local, agricultural systems that don’t have these disadvantages or have them in a lesser degree, and they are in particular located in the South. The current prominent perspectives on global justice, like the consequence-oriented one of Peter Singer and the rights- and institutions-oriented one of Thomas Pogge, neglect the importance of plural and local agricultural and food practices for sustainable and fair global development. Partly complementary to these perspectives, Amartya Sen has developed a capabilities approach that emphasises human capacities and the role of democracy. In complementing his approach we develop an agency- and practice-oriented perspective that stresses the importance of networking the agricultural practices that strive to enhance the quantity and quality of food systems. The tasks of the life sciences for agriculture and food would then be to develop technologies that take into account the plural practices of the poor in the production, processing and consumption of food. This whole chain oriented approach requires from life scientists more than just doing research in laboratories; their task is also to connect their laboratory work with farmers’ practices and experiments. (shrink)

In this article I sketch several versions of the deliberative approach and then discuss five problems which confront a deliberative ethicist of contemporary problems of the life sciences, in particular about food, nature and agriculture. I begin by discussing problems of unequal participation in deliberations and secondly analyze cognitive and normative uncertainties that abound in the life sciences like biotechnology. Thirdly, these sciences comprise different scripts that steer the type of outcome, like products and services. Dependent on the framing, the (...) products and services look different. Fourthly, multi-level problems are addressed, in particular the relationship between local, regional, national, international opinion formation and decision making. Fifthly, I will turn the table and argue that some scientific and technological project can have a large and severe deliberative impact and others not. Discussing these challenges I will develop some tools, like mapping different arrangements of the interaction between genomics and societal developments, developing imaginary futures by aesthetic explorations and by scenarios, by different moral screenplays and dramatic rehearsals, deliberative leadership, and designing deliberation eliciting technologies. (shrink)

Introduction: A Theory of Democracy and Justice.

In Europe and other regions of the world public debate concerning how many immigrants should be admitted, which rights those admitted should have, and which conditions can be required for access to citizenship is intense and enduring, and these have increasingly become central electoral issues. On the one hand, the harsh treatment of migrants is often a matter of public criticism; on the other hand, states are concerned about problems of welfare, security and social unrest that they have come to (...) associate with large-scale migration. At its most fundamental level, this debate concerns the question of how best to balance particularist principles of democratic self-determination and state sovereignty and universalist principles of individual freedom and human rights. The articles in this special issue examine whether the concept of domination can cast a distinctive light on the normative issues arising in this tension between state sovereignty and universal principles with respect to migration and the position of non-citizens in contemporary liberal democratic states. These issues arise both externally insofar as foreigners are subject to migration controls, and internally insofar as migrants live in states of which they are not full members. The issue thus examines the potential of domination as a concept to bring to bear on issues of migration controls, differential residence statuses and access to membership. (shrink)

Freedom as non-domination provides a distinctive criterion for assessing the justifiability of migration controls, different from both freedom of movement and autonomy. Migration controls are dominating insofar as they threaten to coerce potential migrants. Both the general right of states to control migration, and the wide range of discretionary procedures prevalent in migration controls, render outsiders vulnerable to arbitrary power. While the extent and intensity of domination varies, it is sufficient under contemporary conditions of globalization to warrant limits on states’ (...) discretion with respect to admission. Reducing domination requires, rather than removing all immigration restrictions or democratically justifying them to all, that there be certain constraints on states’ freedom to control migration: giving migrants a publicly secured status somewhat analogous to that enjoyed by citizens, subjecting migration controls to higher legal regulation, and making immigration policies and decision contestable by those who are subject to them. (shrink)

In this paper, Bronwyn Hayward, a New Zealander, explores Iris Marion Young’s argument for decentered deliberation in the context of climate change debate in the South Pacific. Young’s criticisms of a centered approach to local planning are examined. Hayward supports Young’s argument for decentered deliberation and her concept of ‘linkage’ as a criterion of good decentered democracy. Local forums are identified as essential sites of struggle against injustice. Decentered democracy is strengthened when multiple linkages connect local forums across time and (...) space. (shrink)

In this paper, Bronwyn Hayward, a New Zealander, explores Iris Marion Young's argument for decentered deliberation in the context of climate change debate in the South Pacific. Young's criticisms of a centered approach to local planning are examined. Hayward supports Young's argument for decentered deliberation and her concept of ‘linkage’ as a criterion of good decentered democracy. Local forums are identified as essential sites of struggle against injustice. Decentered democracy is strengthened when multiple linkages connect heal forums across time and (...) space. (shrink)

This article seeks to further our understanding of what methodological nationalism is and to offer some insights towards its overcoming. The critical side of its argument explicates the paradoxical constitution of the current debate on methodological nationalism – namely, the fact that methodological nationalism is simultaneously regarded as wholly negative and all-pervasive in contemporary social science. I substantiate the idea of this paradox by revisiting some of the most successful attempts at the conceptualization of the nation-state that have sought to (...) transcend methodological nationalism in four disciplines: sociology, nationalism studies, anthropology and social psychology. The positive side of my argument offers a distinction between different versions of methodological nationalism with the help of which it tries to address some of the problems found in the literature. Theoretically, methodological nationalism is associated with, and criticized for, its explanatory reductionism in which the rise and main features of the nation-state are used to explicate the rise and main features of modernity itself. Historically, the article reassesses the problem of its prevalence, that is, whether methodological nationalism is a key feature of the history of the social sciences. (shrink)

Desde su origen en el siglo V a.C., la democracia como régimen político ha mantenido cierto núcleo normativo constante, la igualdad y la libertad entre sus miembros, y fuertes discontinuidades en la organización interna de sus instituciones. Las democracias modernas son igualmente deudoras de dos tradiciones: por un lado la de la soberanía popular, sea bajo la forma de una democracia directa o bajo la forma de una constitución mixta republicana; y, por otro lado, la de los derechos subjetivos innatos. (...) La democracia resolvió los dilemas que le presentaban los intereses contrapuestos por medio de dos recursos: el de la representación -que permitía incorporarlos en un cuerpo colegiado reducido dentro del cual era posible la deliberación y el acuerdo- y el de la elección universal de los representantes y mandatarios por períodos acotados. Este esquema institucional amenaza quebrarse bajo la tensión insostenible de las exigencias domésticas de cada nación, por una parte, y las potentes constricciones provenientes de una economía globalizada, por la otra. From its very beginning during the fifth century B.C. democracy, as a politi-cal regime, has maintained a constant normative nucleus; equality and freedom among its members. But it also presents notorious discontinuities in the institu-tional internal organization. Modern democracies are equally indebted to two traditions; on the one hand popular sovereignty, under the form of either direct democracy or republican mixed constitution, and innate subjective rights on the other. Democracy resolved the dilemmas that emerged from opposed interests through two ways: representation, which enables it to incorporate them in a reduced collegiate body, within which deliberation and consensus is possible, and also through the universal election of representatives and governors by pre-established periods of time. This institutional schema is dangerously falling apart due to domestic tensions within each nation, on the one hand, and the constriction coming from the globalized economy on the other. (shrink)

Who is responsible for fighting domination? Answering this question, I argue, requires taking the structural dimension of domination seriously to avoid unwillingly reproducing domination in the nam...

This paper aims at renovating the prospects for social philosophy through a confrontation between pragmatism and critical theory. In particular, it contends that the resources of pragmatism for advancing a project of emancipatory social philosophy have so far been neglected. After contrasting the two major traditions in social philosophy—the analytical and the critical—I proceed to outline the main traits of a pragmatist social philosophy. By inscribing pragmatism within the tradition of social philosophy, my aim is to promote a new understanding (...) of pragmatism as one of the central Euro-American traditions in social and political philosophy, deserving to be on an equal footing with critical theory and political liberalism. And, furthermore, one whose critical and radical force may be of great help in the wake of the dismissal of the metaphysical certainties upon which the critical program of social philosophy had once set its hopes of social emancipation. (shrink)

The same as with many other concepts, once one considers the concept of power more closely, fundamental questions arise, such as whether a power relation is necessarily a relation of subordination and domination, a view that makes it difficult to identify legitimate forms of the exercise of power. To contribute to conceptual as well as normative clarification, I suggest a novel way to conceive of power. I argue that we only understand what power is and how it is exercised once (...) we understand its essentially noumenal nature. I claim that the real and general phenomenon of power is to be found in the noumenal realm, that is, in the space of reasons, understood as the realm of justifications. On that basis, I defend a normatively neutral notion of power that enables us to distinguish more particular forms of power, such as rule, coercion, or domination. The analysis aims to prepare the way for a critical theory of power. (shrink)