Political theories in general and deliberative democracy in particular have become quite popular in business ethics over the past few years. However, the model of deliberative democracy as generally referred to in business ethics is only appropriate for conceptualizing interaction between business and society which occurs within a context which is more or less institutionalized. The model cannot account for “unregulated” interaction between business and civil society. The authors argue that scholars need to resort to the so called “critical strand” (...) of deliberative democracy if we want to conceptualize interaction that happens without the involvement of decision-making institutions as political action in a deliberative sense. Adopting this approach allows us to identify cases in which unregulated interaction between business and civil society is preferable over institutionalization. (shrink)

The question of whether or not a closed border entry policy under the unilateral control of a democratic state is legitimate cannot be settled until we first know to whom the justification of a regime of control is owed. According to the state sovereignty view, the control of entry policy, including of movement, immigration, and naturalization, ought to be under the unilateral discretion of the state itself: justification for entry policy is owed solely to members. This position, however, is inconsistent (...) with the democratic theory of popular sovereignty. Anyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries. Because the demos of democratic theory is in principle unbounded, the regime of boundary control must be democratically justified to foreigners as well as to citizens, in political institutions in which both foreigners and citizens can participate. (shrink)

This article critically examines Jürgen Habermas’s theory of democracy as developed in Between Facts and Norms. In particular, it focuses on the concept of communicative power and argues that there is a crucial ambiguity in Habermas’s use of this concept. Since communicative power is the key normative resource that is supposed to counter the norm-free steering media of money and administrative power, its role within the theory must be made clear. The article begins by explaining the normative and social-theoretic foundations (...) of the theory. Then it highlights the normative importance of the public sphere in Habermas’s two-track model of deliberative politics, before turning to the problems with the concept of communicative power. Two alternative readings of its role are provided in order to demonstrate how it needs to be further clarified. (shrink)

In this paper, I argue that Habermas' proceduralist model of law can be put to feminist ends in at least two significant ways. First, in presenting an alternative to the liberal and welfare models of laws, the proceduralist model offers feminism a way out of the equality/difference dilemma. Both these attempts to secure women's equality by emphasising women's sameness to men or their difference from men have placed the onus on women to either find a way of integrating themselves into (...) existing institutions or to confront the so-called question of women's difference. The proceduralist model renders this dilemma irrelevant. Instead, it proceeds from the fact of sexual difference; a fact that produces competing and conflicting needs and interests that require interpretation by both men and women. This, I argue, marks a change in the very way we conceptualise the so-called problem of women's difference, insofar as the question is no longer framed in these terms. Second, I argue that this deliberative process over the interpretation of conflicting interests affects a fundamental shift in the nature of legal institutions themselves, insofar as law is no longer a vehicle for promoting male interests. (shrink)

“Confucian democracy” is considered oxymoronic because Confucianism is viewed as lacking an idea of equality among persons necessary for democracy. Against this widespread opinion, this article argues that Confucianism presupposes a uniquely Confucian idea of equality and that therefore a Confucian conception of democracy distinct from liberal democracy is not only conceptually possible but also morally justifiable. This article engages philosophical traditions of East and West by, first, reconstructing the prevailing position based on Joshua Cohen’s political liberalism; second, articulating a (...) plausible conception of Confucian democracy predicated on Confucian conceptions of persons and political participation from the Mencian tradition; and third, exposing the implausibility of the prevailing position in light of the articulation. (shrink)

Western democracy theorists accept the "liberal democracy thesis" and claim that the only morally justifiable conception of democracy is liberal democracy regulated by substantive liberal values. According to this thesis, democracy not regulated by liberal values in nonliberal nations, if at all feasible, necessarily leads to the oppression of minorities and is therefore morally unjustifiable. This article aims to refute the liberal democracy thesis by arguing that democracy in "decent" nonliberal nations is not only feasible but also morally justifiable.

An epistemic theory of democracy, I assume, is meant to provide on answer to the question of why democracy is desirable. It does so by trying to show how the democratic process can have epistemic value. I begin by describing a couple of examples of epistemic theories in the literature and bringing out what they presuppose. I then examine a particular type of theory, worked out most thoroughly by Joshua Cohen, which seems to imply that democracy has epistemic value. The (...) key idea in this theory is that its conception of political right is itself a democratic conception – roughly, what is right is constituted by a consensus among ideal democratic agents. If democratic procedures are modeled on this conception of right, the theory proposes, the fact that we follow these procedures in decision-making will give us reason to believe that the outcomes are themselves right. I do not reject the democratic conception of the right, but I argue that the theory breaks down when we try to extend its conclusions to real-world democratic procedures. While it invites interesting speculation about possible reforms, it gives us little reason to accept the outcomes of actual democratic politics. (shrink)

An analysis of the epistemological structure of democratic deliberation as a procedure in which legal norms are constructed reveals that deliberation combines procedural and substantive aspects in a unique and inextricable manner. The co-original recognition of the private and public autonomy of all citizens provides the substantive critical standard against which the justice of norms is measured. At the same time, such recognition requires that the particular needs and values of all people concerned be taken into account. Given the privileged (...) epistemic access people have to their own particular perspective, this requirement implies the ineliminability of actual deliberative procedures. The open-ended nature of these constructive procedures is partly due to the fact that the rules of the procedure are counterfactual and themselves subject to interpretation. More importantly, it also reflects the historical nature of our human world and the freedom of moral persons to shape and reshape their preferences. (shrink)

Argues that out of the confrontation between Rorty and Habermas may be found a new way to answer the question of what kind of politics do we need today.

An epistemic theory of democracy, I assume, is meant to provide on answer to the question of why democracy is desirable. It does so by trying to show how the democratic process can have epistemic value. I begin by describing a couple of examples of epistemic theories in the literature and bringing out what they presuppose. I then examine a particular type of theory, worked out most thoroughly by Joshua Cohen, which seems to imply that democracy has epistemic value. The (...) key idea in this theory is that its conception of political right isitselfa democratic conception – roughly, what is right is constituted by a consensus among ideal democratic agents. If democratic procedures are modeled on this conception of right, the theory proposes, the fact that we follow these procedures in decision-making will give us reason to believe that the outcomes are themselves right. I do not reject the democratic conception of the right, but I argue that the theory breaks down when we try to extend its conclusions to real-world democratic procedures. While it invites interesting speculation about possible reforms, it gives us little reason to accept the outcomes of actual democratic politics. (shrink)

What is wrong with participating in a democratic decision-making process, and then doing something other than the outcome of the decision? It is often thought that collective decision-making entails being prima facie bound to the outcome of that decision, although little analysis has been done on why that is the case. Conventional perspectives are inadequate to explain its wrongness. I offer a new and more robust analysis on the nature of voting: voting when you will accept the outcome only if (...) the decision goes your way is an act of bad faith: you are not taking part in a ‘process that decides what we will do’. This analysis sheds light on understanding the intrinsic nature of voting and what we are doing when we make decisions collectively. (shrink)

This paper deploys elements of the philosophy of information in order to explore ideas of dialogical governance. Dialogue in the governance of contentious issues is at least partly a response to the recognition of pluralism among perspectives on various issues. This recognition is prevalent in the context of European governance. However, it is a first step to a better understanding of diverging opinion, rather than an end point. This paper argues that the PoI offers a fruitful path to follow up (...) this first step. Specifically, PoI provides epistemological tools that can be used to clarify the meanings of terms and relevance of perspectives at issue in dialogical scenarios. Importantly, this approach revises the enlightenment view of the individual, offering a more nuanced and ultimately more accurate view of the self as internally complex. This represents a step beyond the status quo wherein these things are taken as unproblematic. This paper argues that PoI’s resources ought to feature as a methodological background to a reinvigorated dialogical governance paradigm. This method and these resources can inform an improved view of dialogical governance in Europe and, in their generality, beyond. (shrink)

The deliberative model of democracy, as presented by Jürgen Habermas and others, claims to reconstruct the normative content of the idea of democracy. However, since it overemphasises the epistemic facet of decision‐making, the model is unable to take into account other valuable aspects of democracy. This is shown in reference to two concrete phenomena from political reality: majority voting and the problem of the dissenter. In each case, the deliberative model inevitably fails to account for several normatively desirable features of (...) democracy, such as formal political equality and proper respect for the judgement of each citizen. (shrink)

This paper presents a substantivist construal of discourse ethics, which claims that we should see our engagement in public deliberation as expressing and elaborating a substantive commitment to basic moral ideas of solidarity, equality, and freedom. This view is different from Habermas's standard formalist defence of discourse ethics, which attempts to derive the principle of discursive moral justification from primarily non-moral presuppositions of rational argumentation as such. After explicating the difference between the substantivist and the formalist construal, I defend the (...) former by showing that it is not only intuitively compelling, but also particularly well equipped for addressing four important objections recently levelled against discourse ethics and its political applications. I conclude by pointing out some consequences of the previous discussion for the future of Critical Theory. (shrink)

This article addresses the democratic deficit that emerges when private corporations engage in public policy, either by providing citizenship rights and global public goods (corporate citizenship) or by influencing the political system and lobbying for their economic interests (strategic corporate political activities). This democratic deficit is significant, especially when multinational corporations operate in locations where national governance mechanisms are weak or even fail, where the rule of law is absent and there is a lack of democratic control. This deficit may (...) lead to a decline in the social acceptance of the business firm and its corporate political activities and, thus, to a loss of corporate legitimacy. Under these conditions corporations may compensate for the emerging democratic deficit and reestablish their legitimacy by internalizing democratic mechanisms within their organizations, in particular in their corporate governance structures and procedures. The authors analyze the available corporate governance models with the help of a typology and discuss the possible contributions of a new form of democratic corporate governance. (shrink)

One of the most distinctive and startling claims of Rawlsian political liberalism is that truth has no place in public political deliberation on matters of basic justice. Joshua Cohen thinks there is a tension between Rawls’s exclusion of truth in public political deliberation and the importance accorded to truth in the conception of morally serious political deliberation held by most citizens. Cohen claims that this apparent tension can be resolved by constructing and introducing a suitably political, non-divisive and neutral, conception (...) of truth which is capable of satisfying both the highly distinctive requirements of Rawlsian political liberalism and the importance accorded to truth by the conception of public deliberation held by most citizens. In this paper I argue that Cohen is unsuccessful in this attempt and that his political conception of truth cannot satisfy both political liberalism and a descriptively adequate specification of the importance accorded to truth by the familiar accounts of morally serious political deliberation upon which Cohen relies. (shrink)

This paper deploys elements of the philosophy of information in order to explore ideas of dialogical governance. Dialogue in the governance of contentious issues is at least partly a response to the recognition of pluralism among perspectives on various issues. This recognition is prevalent in the context of European governance. However, it is a first step to a better understanding of diverging opinion, rather than an end point. This paper argues that the PoI offers a fruitful path to follow up (...) this first step. Specifically, PoI provides epistemological tools that can be used to clarify the meanings of terms and relevance of perspectives at issue in dialogical scenarios. Importantly, this approach revises the enlightenment view of the individual, offering a more nuanced and ultimately more accurate view of the self as internally complex. This represents a step beyond the status quo wherein these things are taken as unproblematic. This paper argues that PoI’s resources ought to feature as a methodological background to a reinvigorated dialogical governance paradigm. This method and these resources can inform an improved view of dialogical governance in Europe and, in their generality, beyond. (shrink)

Democratic theorists stress the importance of free and equal discussion and debate in a well-functioning democratic process. In this process, citizens attempt to persuade each other to support legislation by appealing to considerations of justice, liberty or the common good and are open to changing their minds when hearing the arguments of others. They are concerned to ground policy and legislation on the most defensible considerations of morality and the best empirical evidence. To be sure, majority rule remains important in (...) democratic decision making because of the persistence of disagreement. But many have argued that debates over legislation that appeal to moral considerations ought to be given a much larger place in our understanding of the ideals of democracy than theorists have given them in the past. This emphasis on the importance of moral debate and discussion in democracy is characteristic of what I call the wide view of deliberative democracy. (shrink)

In the era of generative AI and specifically large language models (LLMs), exemplified by ChatGPT, the intersection of artificial intelligence and human reasoning has become a focal point of global attention. Unlike conventional search engines, LLMs go beyond mere information retrieval, entering into the realm of discourse culture. Their outputs mimic well-considered, independent opinions or statements of facts, presenting a pretense of wisdom. This paper explores the potential transformative impact of LLMs on democratic societies. It delves into the concerns regarding (...) the difficulty in distinguishing ChatGPT-generated texts from human output. The discussion emphasizes the essence of authorship, rooted in the unique human capacity for reason—a quality indispensable for democratic discourse and successful collaboration within free societies. Highlighting the potential threats to democracy, this paper presents three arguments: the Substitution argument, the Authenticity argument, and the Facts argument. These arguments highlight the potential risks that are associated with an overreliance on LLMs. The central thesis posits that widespread deployment of LLMs may adversely affect the fabric of a democracy if not comprehended and addressed proactively and properly. In proposing a solution, we advocate for an emphasis on education as a means to mitigate risks. We suggest cultivating thinking skills in children, fostering coherent thought formulation, and distinguishing between machine-generated output and genuine, i.e., human, reasoning. The focus should be on the responsible development and usage of LLMs, with the goal of augmenting human capacities in thinking, deliberating and decision-making rather than substituting them. (shrink)

Democratic theorists stress the importance of free and equal discussion and debate in a well-functioning democratic process. In this process, citizens attempt to persuade each other to support legislation by appealing to considerations of justice, liberty or the common good and are open to changing their minds when hearing the arguments of others. They are concerned to ground policy and legislation on the most defensible considerations of morality and the best empirical evidence. To be sure, majority rule remains important in (...) democratic decision making because of the persistence of disagreement. But many have argued that debates over legislation that appeal to moral considerations ought to be given a much larger place in our understanding of the ideals of democracy than theorists have given them in the past. This emphasis on the importance of moral debate and discussion in democracy is characteristic of what I call thewideview of deliberative democracy. (shrink)

Political theories in general and deliberative democracy in particular have become quite popular in business ethics over the past few years. However, the model of deliberative democracy as generally referred to in business ethics is only appropriate for conceptualizing interaction between business and society which occurs within a context which is more or less institutionalized. The model cannot account for “unregulated” interaction between business and civil society. The authors argue that scholars need to resort to the so called “critical strand” (...) of deliberative democracy if we want to conceptualize interaction that happens without the involvement of decision-making institutions as political action in a deliberative sense. Adopting this approach allows us to identify cases in which unregulated interaction between business and civil society is preferable over institutionalization. (shrink)

This article addresses the democratic deficit that emerges when private corporations engage in public policy, either by providing citizenship rights and global public goods (corporate citizenship) or by influencing the political system and lobbying for their economic interests (strategic corporate political activities). This democratic deficit is significant, especially when multinational corporations operate in locations where national governance mechanisms are weak or even fail, where the rule of law is absent and there is a lack of democratic control. This deficit may (...) lead to a decline in the social acceptance of the business firm and its corporate political activities and, thus, to a loss of corporate legitimacy. Under these conditions corporations may compensate for the emerging democratic deficit and reestablish their legitimacy by internalizing democratic mechanisms within their organizations, in particular in their corporate governance structures and procedures. The authors analyze the available corporate governance models with the help of a typology and discuss the possible contributions of a new form of democratic corporate governance. (shrink)

Resumen: El artículo discute el componente kantiano en la teoría democrática deliberativa. Parte sosteniendo que Kant no solo incorpora derechos individuales sino que también la idea de soberanía popular. Este pensador considera la democracia, pero un sistema de principios tiene prioridad normativa respecto de la práctica de autolegislación colectiva. Después, el escrito muestra que la teoría democrática habermasiana elabora un argumento similar al kantiano. Por tanto, no reconstruye el balance entre derechos y democracia como pretende sino de forma similar a (...) como lo hace Kant.: This article discusses the Kantian component in the theory of deliberative democracy. It begins claiming that Kant not only incorporates individual rights but also the idea of popular sovereignty: This author values democracy; however, a system of principles has normative priority over the practice of collective self-determination. The text later shows that Habermas’s theory of deliberative democracy elaborates a Kantian justification. Thus, it does not reconstruct the balance between rights and democracy as it claims to do; it rather builds an argument similar to Kant’s. (shrink)

An often overlooked tension in liberal theory turns on its commitment to procedural accounts of legitimacy on the one hand, and to the robust protection of the right of citizens to dissent on the other. To the extent that one evaluates legitimate decision-making on the basis of the procedures that bear on it, determining how extra-procedural expressions of dissent fit into the picture becomes a complex undertaking. This is especially true if one accepts that protecting extra-procedural expressions of dissent is (...) itself foundational to the overall legitimacy of the state. My aim in this paper is to explore some of the implications that follow from this tension. The paper proceeds in two parts. In the first part, I review the political grounds that support a protection on dissent. By drawing on its republican foundations, I argue that the functional role that the right to dissent serves in complex political communities is intimately connected to concerns over legitimacy. I claim that for the right to perform its function successfully, protections must be placed on both procedural and extra-procedural forms of dissent. The second part of the paper issues a direct challenge to procedural accounts of legitimacy. If a protection on citizen dissent is vital to legitimating government action, and if that protection necessarily extends to both procedural and extra-procedural forms of dissent, it follows that legitimacy cannot be captured by procedure alone—even procedures that secure the fair and equal participation by all affected parties. (shrink)

Political CSR scholars argue that multi-stakeholder initiatives (MSIs) should be designed to facilitate deliberation among corporations, civil society groups, and others affected by corporate conduct for their decisions to be considered democratically legitimate. However, critics argue that decisions reached within deliberative MSIs will lack democratic legitimacy so long as corporations are granted a role in helping to make them. If the critics are correct, it leads to a paradox. Corporations must be excluded from holding decision-making authority within MSIs if they (...) are to function as democratically legitimate regulatory institutions at a global level. However, this risks severely diminishing the incentive of corporations to support and participate within MSIs, which often depend heavily for their success on the visibility provided them by corporate participants. In this paper, I argue that this apparent paradox should be considered irrelevant to the future study of MSIs since it is both unnecessary and impractical for researchers to focus on establishing democratically legitimate systems of governance within them. Instead, I recommend an approach informed by three touchstones of pragmatic philosophy to guide their future study—a criterion of usefulness, wariness of category disputes and commitment to experimentalism. I conclude by drawing on research in political science and social psychology that demonstrates an important practical role for deliberation within such organizations, arguing that researchers must zero in on the role that inclusive deliberation can play in bolstering their effectiveness as regulatory instruments. (shrink)