We lack analyses of the judiciary from a systemic perspective. This article thus examines arguments offered by deliberativists who have reflected about this institution and argues that the current state of deliberative democracy requires us to rethink the ways they conceive of the judiciary within a deliberative framework. After an examination of these accounts, I define the deliberative system and describe the different phases deliberative democracy has gone through. I then single out elements common to all systemic approaches against which (...) I test whether the regard that the authors show for the judiciary in deliberative terms can be maintained and argue in the negative. I conclude by pointing at the necessity to think about the definition of deliberative systems, and to the value of these discussions for debates on the legitimacy of judicial review when it is exercised under the form of judicial supremacy. (shrink)

Proponents of the duty to vote (DTV) argue that in normal circumstances, citizens have the moral duty to vote in political elections. Discussions about DTV analyze _what_ the duty is, _who_ has this duty, _when_ they have it, and _why_ they have it. Missing are answers to the Specification Question: to _which_ elections does DTV apply? A dilemma arises for some supporters of DTV—in this paper, I focus on Julia Maskivker’s work—because either answer is problematic. First, I argue that it (...) is implausible that DTV applies to _all_ elections because this makes the duty too costly for the voter. Second, I argue that there are no good reasons why under normal circumstances DTV applies only to _some_ elections. I consider objections but conclude that the dilemma is successful and therefore the case for DTV is incomplete. (shrink)

The idea that citizens have a right to receive information that is relevant for their suitable exercise of political rights and liberties is well established in democratic societies. However, this right has never been systematically analyzed, thus remaining a blurry concept. This article tackles this conceptual gap by conceptualizing citizens’ right to information. After reviewing previous approaches to this idea, I locate citizens’ right to information on the map of communication rights, and put forward a systematic framework for both justifying (...) and analyzing it. This framework focuses on this right’s grounds, its function, its holders, its content, and its correlative duties. Although the conceptualization offered here will be incomplete, it will be enough to distinguish the general concept of citizens’ right to information from both its specific conceptions and from the other two best-known rights of the public: freedom of information and the public’s right to know. (shrink)

How could ectogestative technology disrupt gender roles, parenting practices, and concepts such as ‘birth’, ‘body’, or ‘parent’? In this chapter, we situate this emerging technology in the context of the history of reproductive technologies and analyse the potential social and conceptual disruptions to which it could contribute. An ectogestative device, better known as ‘artificial womb’, enables the extra-uterine gestation of a human being, or mammal more generally. It is currently developed with the main goal of improving the survival chances of (...) extremely premature neonates. We argue that the intended use of the technology in neonatal intensive care units, as an alternative to current incubators (’partial-ectogestation’), challenges concepts such as ‘birth’, ‘fetus’, and ‘neonate’, and has several ethico-legal implications. We moreover address a more futuristic scenario where the entire embryological and fetal development could happen within an artificial womb (’full-ectogestation’). Such a scenario reveals the disruption of gender roles, parenting practices, and concepts such as ‘mother’, ‘father’, and ‘parent’. Both full- and partial-ectogestation would have implications for engineering and design, law-making, ethics, and philosophical anthropology. (shrink)

The rise of East Asian Confucian heritage societies (China, South Korea, Japan, Taiwan, Vietnam and Singapore) has inspired an enormous amount of new empirical research. At the political level, one...

We lack analyses of the judiciary from a systemic perspective. This article thus examines arguments offered by deliberativists who have reflected about this institution and argues that the current state of deliberative democracy requires us to rethink the ways they conceive of the judiciary within a deliberative framework. After an examination of these accounts, I define the deliberative system and describe the different phases deliberative democracy has gone through. I then single out elements common to all systemic approaches against which (...) I test whether the regard that the authors show for the judiciary in deliberative terms can be maintained and argue in the negative. I conclude by pointing at the necessity to think about the definition of deliberative systems, and to the value of these discussions for debates on the legitimacy of judicial review when it is exercised under the form of judicial supremacy. (shrink)

Two crucial distinctions regarding political competence must be made. First, the mere probability that you will make a morally right decision (reliability) is distinct from your ability to skillfully make a decision (competence). Empirical and normative accounts have focused primarily on reliability, but competence is more important if we take central normative commitments seriously. Second, the competence you have on your own (direct competence) is distinct from the competence you have in contributing to some collective enterprise (contributory competence). Direct competence (...) is likely to be extremely demanding in a democratic context, so we should move to a contributory account of competence. (shrink)

ABSTRACTThe participants in this symposium raise many insightful criticisms and reservations about my book Democracy and Political Ignorance: Why Smaller Government Is Smarter. But none substantially undermine its main thesis: that rational political ignorance and rational irrationality are major problems for democracy that are best addressed by limiting and decentralizing government power. Part I of this reply addresses criticisms of my analysis of the problem of political ignorance and its causes. Part II assesses challenges to my proposed solution.