ABSTRACTThe normative ideals and feasibility of deliberative democracy have come under attack from several directions, as exemplified by a recent book version of a special issue of this journal. Critics have pointed out that the complexity of the modern world, voter ignorance, partisanship, apathy, and the esoteric nature of political communications make it unlikely that deliberation will be successful at creating good outcomes, and that it may in fact be counterproductive since it can polarize opinions. However, these criticisms were aimed (...) at “micro” theories of deliberative democracy. The new “systemic” turn in deliberative democracy avoids these problems by positing a system-wide division of labor in a nation-state: experts and ordinary citizens “check” each other's opinions; partisanship and even ignorance can spur deliberation among citizens; and citizens may remain apathetic about some issues but deliberate about others. So long as the overall level of systemic deliberation increases, instead of decreases, the ideal of deliberation is still relevant in a society as complex as ours. (shrink)

In this paper, I will examine epistocracy as a form of limiting the political agency of some citizens (by removing their political rights) and offer an internal critique of it. I will argue that epistocracy runs into a number of logical and epistemic problems in trying to define who should be the members of an epistocratic polity. Furthermore, I will argue that the argument for epistocracy cannot ignore unjust background conditions. I will also suggest that some of the problems epistocracy (...) attempts to correct can be solved in a more just way, while preserving democracy. (shrink)

States are believed to be the paradigmatic instances of legitimate political authority. But is their prominence justified? The classic concept of state sovereignty predicts the danger of a fatal deadlock among conflicting authorities unless there is an ultimate authority within a given jurisdiction. This scenario is misguided because the notion of an ultimate authority is conceptually unclear. The exercise of authority is multidimensional and multiattributive, and to understand the relations among authorities we need to analyse this complexity into its different (...) aspects. Instead of ultimate authorities we can have actors endowed with superior authority over others in one regard, but not necessarily in another. And this limited superiority is sufficient for resolving conflicts. There is no need for ultimate authorities. Having discarded the notion of sovereignty we can embrace a different conception of legitimate authority, one that is not interested in the pedigree of actors, but in their capacity to serve its subjects. If states wish to retain their central role in the domain of political authority, they will have to earn it. (shrink)

Whatever else liberalism involves, it involves the idea that it is objectionable, and often wrong, for the state, or anyone else, to intervene, in certain ways, in certain choices. This article aims to evaluate different possible sources of support for this core liberal idea. The result is a pluralistic view. It defends, but also stresses the limits of, some familiar elements: that some illiberal interventions impair valuable activities and that some violate rights against certain kinds of invasion. More speculatively, it (...) points to two further sources of support for liberalism, each of which represents a certain kind of social standing: a self-sovereignty compromised simply by being subject to certain kinds of commands and a relational equality compromised by the condemnation of choices with which one’s group is identified. (shrink)

Starting from the sensuous perception of what is seen, an attempt is made at re-casting a Husserlian theory of constitution of the object of intuition, as one leaves the natural attitude through a transcendental method, by positing several theses so as to avoid the aporias of philosophical binary oppositions such as rationalism and empiri-cism, realism and idealism, logicism and psychologism, subjectivism and objectivism, transcendentalism and ontologism, metaphysics and positivism. Throughout fifty-five theses on constitution, the Husserlian proposal of continuously reforming philosophizing (...) by transcendental reduction is revisited, leaving the latter incomplete as new conversions are required by noetic-noematic correlations between world and consciousness. (shrink)

The recent decades have seen established liberal democracies expand their surveillance capacities on a massive scale. This article explores what is problematic about government surveillance by democracies. It proceeds by distinguishing three potential sources of concern: the concern that governments diminish citizens’ privacy by collecting their data, the concern that they diminish their privacy by accessing their data, and the concern that the collected data may be used for objectionable purposes. Discussing the meaning and value of privacy, the article argues (...) that only the latter two constitute compelling independent concerns. It then focuses particularly on the third concern, exploring the risk of government surveillance being used to enforce illegitimate laws. It discusses three legitimacy-related reasons why we should be worried about the expansion of surveillance capacities in established democracies: Even established democracies might decay. There is a risk that surveillance capacities that are used for democratically legitimated purposes today will be used for poorly legitimated purposes in the future. Surveillance may be used to enforce laws that lack legitimacy due to the disproportionate punishment attached to their violation. The democratic procedures in established democracies fail to conform to the requirements formulated by mainstream theories of democratic legitimacy. Surveillance is thus used to enforce laws whose legitimacy is in doubt. (shrink)

‘Epistocracy’ is the name of a type of political power structure in which the power is held by the knowledgable—for example, by restricting the right to vote to those who can demonstrate sufficient knowledge. Though Plato and Mill defended epistocratic views, it has found few contemporary advocates. In a recent book, however, Jason Brennan argues that epistocratic power structures are capable of outperforming democratic ones. His argument is two-pronged: first, he argues that democratic procedures with universal suffrage allow poorly-informed voters (...) to pollute the electorate, and that doing so has negative policy-related consequences that are easily avoidable. Second, he argues that voting does not possess any non-intrinsic value, and so restricting suffrage to the educated does not result in a loss of status or standing for less well-educated persons in any meaningful way. I argue that epistocratic techniques are impossible to implement fairly, and represent an ineffective solution for the problems they are designed to solve. On these bases, I recommend rejecting it. (shrink)

It has become somewhat a commonplace in recent political philosophy to remark that all plausible political theories must share at least one fundamental premise, ‘that all humans are one another's equals’. One single concept of ‘basic equality’, therefore, is cast as the common touchstone of all contemporary political thought. This paper argues that this claim is false. Virtually all do indeed say that all humans are ‘equals’ in some basic sense. However, this is not the same sense. There are not (...) one but two concepts of basic equality, and they reflect not a grand unity within political philosophy but a deep and striking division. I call these concepts ‘Equal Worth’ and ‘Equal Authority’. The former means that each individual’s good is of equal moral worth. The latter means that no individual is under the natural authority of anyone else. Whilst these two predicates are not in themselves logically inconsistent, I demonstrate that they are inconsistent foundation stones for political theory. A theory that starts from Equal Worth will find it near impossible to justify Equal Authority. And a theory that starts from Equal Authority will find any fact about the true worth of things, including ourselves, irrelevant to justifying legitimate action. This helps us identify the origin of many of our deepest and seemingly intractable disagreements within political philosophy, and directs our attention to the need for a clear debate about the truth and/or relationship between the two concepts. In short, my call to arms can be summed up in the demand that political philosophers never again be allowed to claim ‘that all human beings are equals’ full stop. They must be clear in what dimension they claim that we are equals—Worth or Authority. (shrink)

Empirical research has transformed our understanding of autocratic institutions. Yet democratic theorists remain laser-focused on ideal democracies, often contending that political equality is necessary to generate democratic authority. Those analyses neglect most nonideal democracies and autocracies – regimes featuring inequality and practices like gerrymandering. This essay fills that fundamental gap, outlining the difficulties of applying theories of democratic authority to nonideal regimes and challenging long-standing views about democratic authority. Focusing on autocrats that lose elections, I outline the democratic authority of (...) nonideal, flawed procedures. Flawed elections are unjustifiably biased toward incumbents. But under certain conditions, ignoring an incumbent’s loss would require not treating one’s fellow citizens as equals. Under those conditions, therefore, citizens are bound to obey those electoral outcomes – that is, flawed procedures can possess democratic authority. (shrink)

This paper identifies strands of reasoning underlying several theories of democratic authority. It shows why each of them fails to adequately explain or justify it. Yet, it does not claim (per philosophical anarchism) that democratic authority cannot be justified. Furthermore, it sketches an argument for a perspective on the justification of democratic authority that would effectively respond to three problems not resolved by alternative theories—the problem of the expert, the problem of specificity, and the problem of deference. Successfully resolving these (...) problems is at least evidence for the viability of a justification of democratic authority. This perspective integrates procedural concerns with those about the quality of democratic outcomes. It shows that democratic authority, if there is such a thing, requires reliable democratic procedures as the only sort citizens could rationally accept. (shrink)

Several prominent voices have called for a democratization of science through deliberative processes that include a diverse range of perspectives and values. We bring these scholars into conversation with extant research on democratic deliberation in political theory and the social sciences. In doing so, we identify systematic barriers to the effectiveness of inclusive deliberation in both scientific and political settings. We are particularly interested in what we call misidentified dissent, where deliberations are starkly framed at the outset in terms of (...) dissenting positions without properly distinguishing the kinds of difference and disagreement motivating dissent. (shrink)

Economic theories of democratic legitimacy have criticized deliberative accounts of democratic legitimacy on the grounds that they do not represent a practical possibility and that they create conditions that make actual democracies worse. It is not simply that they represent the wrong ideal. Rather, they are too idealistic – failing to show proper regard for the cognitive and moral limitations of persons and the depth of disagreement in democratic society. This article aims to show that the minimalist criterion of democratic (...) legitimacy is self-defeating and that even if there are minimal cognitive, moral, and social requirements for the possibility of practicable deliberative democracy, these limitations do not necessarily impose insuperable barriers for democratic deliberation as the normative basis of democratic legitimacy. Thus, the limiting facts do not dictate the structure of appropriate normative models of democracy in the way minimalists have supposed. (shrink)

This article aims to critically evaluate the recent proposals of Confucian political meritocracy by focusing on two sets of questions: the first set on the connection between traditional Confuciani...

What is the optimal size of a democratic society? While not taking an explicit stand on this issue, Hélène Landemore's model of democracy in Democratic Reason suggests that democracies ought to be small, certainly smaller than many existing states. If, as Landemore argues, we must rely on the random selection of representatives, then we should be concerned about both the size of the population and the way cognitive diversity is distributed within it. Given the realities of party politics and media (...) framing, this means that smaller political societies will yield wiser decisions than very large ones. (shrink)

Suppose we have a persistent disagreement about a particular set of policy options, not because of an underlying moral disagreement, or a mere conflict of interest, but rather because we disagree about a crucial non-normative factual assumption underlying the justification of the policy choices. The main question in the paper is what political legitimacy requires in such cases, or indeed whether there are defensible answers to that question. The problem of political legitimacy in fact-dependent policy disagreements has received almost no (...) attention in political philosophy, which has focused mostly on value disagreements and proposed theories of legitimate coercive legislation in valuedependent disagreements. The paper presents an argument showing that under certain plausible assumptions regarding legitimacy, there are serious difficulties in identifying legitimate choices in fact-dependent policy disagreements. This may be unsurprising to political philosophers preoccupied with value-based disagreements, perhaps because it has been assumed that legitimacy-related concerns are irrelevant to fact-dependent policy disagreements. The paper argues that this response is premature. If we should care about legitimacy et al.l, then it is by no means clear why we should ignore issues of legitimacy in policy-disputes that depend on factual disagreements. The paper ends by defining a set of possibilities that merit further exploration in search of a theory of legitimacy in fact-dependent policy disagreements. (shrink)

Why do thinkers hostile or agnostic toward Christianity find in its apocalyptic doctrines—often seen as bizarre—appealing tools for interpreting politics? This article tackles that puzzle. First, i...

Recent debates on Confucian meritocracy largely center around outright normative critiques rather than its textual basis. The unflattering upshot is the lack of attention to a mode of critique that scrutinizes Confucian meritocracy by questioning the way meritocrats invoke Confucian concepts and values. Focusing on three meritocrats—Bai Tongdong 白彤東, Daniel A. Bell, and Kang Xiaoguang 康曉光, this article ventures a text-based normative approach by examining continuities and ruptures between core meritocratic arguments they make, and the messages conveyed by Confucian masters. (...) The core argument that I advance is that the meritocratic thesis about the political division of labor does not mesh with the classic Confucian understandings of voluntariness and political authority, which generates uneasy normative consequences for Confucian meritocracy. Ultimately, classic Confucianism does not provide a conceptually secure platform for the meritocratic part of Confucian meritocracy as its ardent advocates claim. (shrink)

In her book Democracy and Truth: The Conflict between Political and Epistemic Virtues, Snjezana Prijic Samarzija advocates that a purely procedural justification which defines the authority and legitimacy of democracy only in relation to the fairness of the procedure itself is not enough for a full justification of democracy. Some epistemic values should also be included. This epistemic quality of democracy depends on the quality of the decisions that the democratic procedures produce. In that sense, the author is advocating a (...) hybrid theory that secures harmony between political and epistemic values, favoring deliberative procedure for this purpose, and thus promotes equal respect for both democratic values. In doing so, she is advocating the specific type of division of epistemic labor that I will attempt to critically re-examine here, as well as to bring into question the privileged role of the experts in democratic decision-making. (shrink)

What is the moral value of formal democratic decision-making? Egalitarian accounts of democracy provide a powerful answer to this question. They present formal democratic procedures as a way for a society of equals to arrive at collective decisions in a transparent and mutually acceptable manner. More specifically, such procedures ensure and publicly affirm that all members of a political community, in their capacity as autonomous actors, are treated as equals who are able and have a right to participate in collective (...) decision-making. Recently, a number of authors have raised what I describe as the ‘no impact’ objection. This objection focuses on the egalitarian emphasis on autonomy to cast doubt on the moral value of formal democratic procedures. It holds that individual participation in formal democratic decision-making has no impact on the eventual result, and therefore cannot be understood as an exercise in autonomy. Consequently, the ‘no impact’ objection claims that the moral value of formal democracy cannot be explained with reference to an egalitarian ideal of ‘rule by the people’. In this article, I refute this objection by complementing an egalitarian account of democracy with an account of basic autonomy. (shrink)

Recent accounts of epistemic democracy aim to show that in some qualified sense, democratic institutions have a tendency to produce reasonable outcomes. Epistemic democrats aim to offer such accounts without presupposing any narrow, controversial view of what the outcomes of democratic procedures should be, much as a good justification of a particular scientific research design does not presuppose the hypothesis that the research aims to test. The article considers whether this aim is achievable. It asks, in particular, whether accounts of (...) epistemic democracy can be reconciled with the commonly held view that disagreement about which laws and policies should be enacted is a fundamental, permanent feature of democratic politics and imposes constraints on how we justify democratic procedures. (shrink)

In the practice of jury nullification, a jury votes to acquit a defendant in disregard of the factual evidence, on the grounds that a conviction would result in injustice, either because the law itself is unjust or because its application in the particular case would be unjust. Though the practice is widely condemned by courts, the arguments against jury nullification are surprisingly weak. I argue that, pursuant to the general ethical duty to avoid causing unjust harms to others, jurors are (...) often morally obligated to disregard the law. (shrink)

Epistemic democrats are rightly concerned with the quality of outcomes and judge democratic procedures in terms of their ability to ‘track the truth’. However, their impetus to assess ‘rule by experts’ and ‘rule by the people’ as mutually exclusive has led to a meagre treatment of the role of expert knowledge in democracy. Expertise is often presented as a threat to democracy but is also crucial for enlightened political processes. Contemporary political philosophy has so far paid little attention to our (...) reliance on experts and has not sufficiently addressed the question of how expertise can be used to improve the epistemic quality of democratic decision making. We believe this lack of interest is spurred by a too hasty acceptance of arguments dismissive of the political role of experts. The article examines a series of often-cited epistemic objections and concludes that several of them are overstated or misconceived, yet they all reflect real difficulties that need to be addressed. On this background, we tentatively outline a set of mechanisms that can contribute to alleviating the irreducible problem of epistemic asymmetries and ensuring that experts really are experts and use their expertise in the right way. (shrink)

Most laypersons and political theorists endorse the claims that all adults should be enfranchised and all children should be disenfranchised. The first claim rejects epistocracy; the second...

Realism criticizes the idea, central to what may be called ‘the priority view’, that philosophy has the task of imposing from the outside general norms of morality or standards of reasonableness on politics understood as the domain of power. According to realism, political philosophy must reveal the specific standards internal to the political practice of handling power appropriately and as it develops in actual circumstances. Framed in those terms, the debate evokes the idea that political power itself is lacking normativity (...) until such time as norms are devised that govern its use. In contrast, this essay identifies a normative dimension internal to power. Power depends on recognition and support in the form of belief. This dependence explains how an interest in power introduces a responsiveness to normative considerations into the domain of politics. (shrink)

Many authors in ethics, economics, and political science endorse the Lottery Requirement, that is, the following thesis: where different parties have equal moral claims to one indivisible good, it is morally obligatory to let a fair lottery decide which party is to receive the good. This article defends skepticism about the Lottery Requirement. It distinguishes three broad strategies of defending such a requirement: the surrogate satisfaction account, the procedural account, and the ideal consent account, and argues that none of these (...) strategies succeed. The article then discusses and discharges some remaining grounds for resistance to these skeptical conclusions, as well as the possibility of defending a weaker version of a normative lottery principle. The conclusion is that we have no reason to believe that where equal claims conflict, we are morally required to hold a lottery, as opposed to simply picking one of the parties on more subjective grounds or out of pure whim. In addition to the practical consequences of this skeptical view, the article sketches some theoretical implications for debates about saving the greater number and about axiomatic utilitarianism. (shrink)

In this article I propose a new interpretation of Aristotle’s arguments about the authority of the many at Politics III 11, 1281a40–b21. It consists of the following main tenets. First, the multitude that Aristotle refers to in his arguments should be understood on the model of the multitude which rules in polities and the members of which are accomplished in only a part of political excellence, namely, military excellence. Second, the best citizens with whom he compares that multitude in his (...) arguments do not possess complete political excellence but rather the highest degree of military excellence among their fellow citizens in a polity. Third, the members of that multitude are collectively superior to the best citizens in making decisions about political particulars, for example, decisions about specific policies. Fourth, their superiority can be explained by reference to the fact that they collectively possess superior experience than the best citizens, though they have individually and collectively inferior political understanding. Finally, their collective superiority in making political decisions is the outcome of the aggregation of their individual political judgements that are based on experience rather than the outcome of some form of public deliberation that enables them to grasp the political reasons which support their decisions. (shrink)

In this paper, I aim to establish that, according to almost all democratic theories, instrumentalist considerations often dominate intrinsic proceduralist considerations in our decisions about whether to make extensive use of undemocratic procedures. The reason for this is that almost all democratic theorists, including philosophers commonly thought to be intrinsic proceduralists, accept ‘High Stakes Instrumentalism’. According to HSI, we ought to use undemocratic procedures in order to prevent high stakes errors - very substantively bad or unjust outcomes. However, democratically produced (...) severe substantive injustice is much more common than many proponents of HSI have realised. Proponents of HSI must accept that if undemocratic procedures are the only way to avoid these high stakes errors, then we ought to make extensive use of undemocratic procedures. Consequently, according to almost all democratic theorists, democratic theory ought, for practical purposes, to be reoriented towards difficult moral and empirical questions about the instrumental quality of procedures. Moreover, this is potentially very practically important because if there are available instrumentally superior undemocratic procedures, then wholesale institutional reform is required. This is one of the most potentially practically important findings of normative democratic theory. In spite of this, no-one has yet explicitly recognised it. (shrink)

ABSTRACTIn Democratic Reason, Hélène Landemore argues that deliberation and the aggregation of citizens' dispersed knowledge should tend to produce better consequences than rule by the one or the few. However, she pays insufficient attention to the epistemic processes necessary to realize these democratic goods. In particular, she fails to consider the question of where citizens' beliefs and ideas come from, with the result that the democratic decision mechanisms she focuses on are insufficiently powerful to justify her consequentialist defense of mass (...) decision making. If “the few” are technocratic experts, Landemore supplies little reason to resist their rule on epistemic grounds, for she does not secure a knowledge base for the citizens that might compete with the knowledge that is often attributed to such “experts.” Aggregating and deliberating about poor information is no substitute for good information. Her book can therefore be seen as a call for a new phase of epistemic political theory that compares the real-world knowledgeability of ordinary citizens and putative experts, but it does not convincingly deliver on its goal to demonstrate the epistemic superiority of the former. (shrink)

Epistemic justifications for democracy have been offered in terms of two different aspects of decision-making: voting and deliberation, or ‘votes’ and ‘talk.’ The Condorcet Jury Theorem is appealed to as a justification in terms votes, and the Hong-Page “Diversity Trumps Ability” result is appealed to as a justification in terms of deliberation. Both of these, however, are most plausibly construed as models of direct democracy, with full and direct participation across the population. In this paper, we explore how these results (...) hold up if we vary the model so as to reflect the more familiar democratic structure of a representative hierarchy. We first recount extant analytic work that shows that representation inevitably weakens the voting results of the Condorcet Jury Theorem, but we question the ability of that result to shine light on real representative systems. We then show that, when we move from votes to talk, as modeled in Hong-Page, representation holds its own and even has a slight edge. (shrink)

The twin ideas at the heart of the social contract tradition are that persons are naturally free and equal, and that genuine political obligations must in some way be based on the consent of those obligated. The Lockean tradition has held that consent must be in the form of explicit choice; Kantian contractualism has insisted on consent as rational endorsement. In this paper I seek to bring the Kantian and Lockean contract traditions together. Kantian rational justification and actual choice are (...) complementary devices through which our freedom and equality can be reconciled with moral and political authority. We should not think that there is simply one way by which relations of moral and political authority can be reconciled with our status as free and equal. I defend three distinct devices through which freedom and authority may be reconciled: justification to others, social choice and promise. All three are aspects of the ?consent tradition? broadly construed. (shrink)

These brief remarks highlight three aspects of Christian List and Philip Pettit's Group Agency: The Possibility, Design, and Status of Corporate Agents that illustrate its constructivist nature: its stress on the discursive dilemma as a primary challenge to group rationality and reasoning; its general though qualified support for premise-based decision-making as the preferred way to cope with the problems of judgment aggregation; and its account of rational agency and moral responsibility. The essay contrasts List and Pettit's constructivist analysis of group (...) rationality with an ecological approach, inspired by social theorists such as F A. Hayek, Vernon L. Smith and Gerd Gigerenzer.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.CONSTRUCTIVIST AND ECOLOGICAL MODELING OF GROUP RATIONALITYVolume 9, Issue 3Gerald GausDOI: https://doi.org/10.1017/epi.2012.14Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. CONSTRUCTIVIST AND ECOLOGICAL MODELING OF GROUP RATIONALITYVolume 9, Issue 3Gerald GausDOI: https://doi.org/10.1017/epi.2012.14Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. CONSTRUCTIVIST AND ECOLOGICAL MODELING OF GROUP RATIONALITYVolume 9, Issue 3Gerald GausDOI: https://doi.org/10.1017/epi.2012.14Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

The two leading traditions of theorizing about democratic legitimacy are liberalism and deliberative democracy. Liberals typically claim that legitimacy consists in the consent of the governed, while deliberative democrats typically claim that legitimacy consists in the soundness of political procedures. Despite this difference, both traditions see the need for legitimacy as arising from the coercive enforcement of law and regard legitimacy as necessary for law to have normative authority. While I endorse the broad aims of these two traditions, I believe (...) they both misunderstand the nature of legitimacy. In this essay I argue that the legitimacy of a law is neither necessary nor sufficient for its normative authority, and I argue further that the need for legitimacy in law arises regardless of whether the law is coercively enforced. I thus articulate a new understanding of the legitimacy and authority of law. (shrink)

This paper deals with the relationship between law and social protests, a topic that seems particularly relevant at this time, when recent public events show the existence of growing tension between citizens and public officers. The paper does not explore the ultimate causes that triggered these social protests, but rather the normative and legal questions raised by these conflicts. The main question that it addresses is the following: How should the law act in the face of these growing expressions of (...) social discontent? The main point that it defends is that social protests are political expressions that, as such, deserve a special public (and particularly judicial) protection. The argument is particularly directed at studying the legal consequences of taking the expressive components of social protests seriously. The exploration may have a further theoretical interest for those who are interested in reflecting upon the scope and limits of the theory of deliberative democracy. (shrink)

Este articulo tiene como objetivo defender la necesidad de incluir la dimensión de la agencia política en un criterio de legitimidad democrático, especialmente si este es un criterio deliberativista. Para lograr tal objetivo se desarrolla un argumento intuitivo en el cual se muestra que si la agencia política no es considerada como relevante para la legitimidad democrática, podrían aceptarse como legítimos esquemas de decisión política que no requieran ningún grado significativo de participación política. Una vez demostrada esta necesidad, se muestra (...) que aunque el Enfoque de las Capacidades de Amartya Sen ha intentado mostrar la conexión intrínseca entre la dimensión de agencia y la democracia, su definición de la primera debe modificarse a fin de incorporar la agencia de los otros individuos de la sociedad como límite a los objetivos políticos. In this article, I defend the need to add the political agency dimension to the democratic legitimacy criterion, especially when it is a deliberativist criterion. In doing so, I develop an intuitive argument to show that if political agency is not deemed as relevant for the democratic legitimacy, some political schemes that do not require a significant degree of political participation will be accepted as legitimate at the end. Having shown this, I argue that although the Senian Capability Approach has tried to show the intrinsic connection between the political agency dimension and democracy, it lacks a precise definition of political agency, which should include the others' individual agency as a limit to the political objectives. (shrink)

This paper looks at philosophical questions that arise in the context of AI alignment. It defends three propositions. First, normative and technical aspects of the AI alignment problem are interrelated, creating space for productive engagement between people working in both domains. Second, it is important to be clear about the goal of alignment. There are significant differences between AI that aligns with instructions, intentions, revealed preferences, ideal preferences, interests and values. A principle-based approach to AI alignment, which combines these elements (...) in a systematic way, has considerable advantages in this context. Third, the central challenge for theorists is not to identify ‘true’ moral principles for AI; rather, it is to identify fair principles for alignment that receive reflective endorsement despite widespread variation in people’s moral beliefs. The final part of the paper explores three ways in which fair principles for AI alignment could potentially be identified. (shrink)

In this paper I offer a distinctive epistemic rationale for the liberal practice of constant and ostentatious reason-giving in the political context. Epistemic trust is essential to democratic governance because as citizens we can only make informed decisions by relying on the claims of moral, scientific, and practical authorities around us. Yet rational epistemic trust is also uniquely fragile in the political context in light of both the radical inclusiveness of the relevant epistemic community (i.e., everyone who participates in the (...) political process) and the conflicting interests bound up in policy debate. I argue that liberal justification is a necessary condition for warranted epistemic trust in this context, and therefore a necessary condition for healthy public inquiry about politically significant questions. (shrink)

How can democratic governments be relied upon to achieve adequate political knowledge when they turn over their authority to those of no epistemic distinction whatsoever? This deep and longstanding concern is one that any proponent of epistemic conceptions of democracy must take seriously. While Condorcetian responses have recently attracted substantial interest, they are largely undermined by a fundamental neglect of agenda-setting. I argue that the apparent intractability of the problem of epistemic adequacy in democracy stems in large part from a (...) failure to appreciate the social character of political knowledge. A social point of view brings into focus a number of vital factors that bear on our understanding of democratic epistemology and our assessment of its prospects: the essential role of inclusive deliberation, the public's agenda-setting function, institutional provisions for policy feedback, the independence of expert communities, and the knowledge-pooling powers of markets. (shrink)

ABSTRACTNormative political epistemologists, such as epistemic democrats, study whether political decision makers can, in principle, be expected to know what they need to know if they are to make wise public policy. Empirical political epistemologists study the content and sources of real-world political actors' knowledge and interpretations of knowledge. In recent years, empirical political epistemologists have taken up the study of the ideas of political actors other than voters, such as bureaucrats and politicians. Normative political epistemologists could follow this lead (...) if they were to focus on the technocratic orientation of nearly all political actors in the West: that is, on their desire to solve social and economic problems. Since most technocratic policy is made by political elites, the reliability of elites' knowledge of the causes of and cures for social and economic problems is a natural topic for normative political epistemology. (shrink)

This paper considers the place of children within liberal-democratic society and its related political morality. The genesis of the paper is two considerations which are in tension with one another. First, that there must be some point at which children are divided from adults, with children denied the rights which go along with full membership of the liberal community. The justification for the difference in the statue between these two groups must be rooted in some notion of capacities, since these (...) are the only relevant differences between adults and children. Second, that linking an individual's capacities to her status undermines the central liberal commitment of political equality. This dilemma explains what I term the threshold view, which holds that children become adult citizens upon reaching an age of competence and that above this level differences in abilities cease to matter to an individual's status. While this view has attractions, this paper argues that this view must eventually be rejected because of its inability to deal with the actual process of human development. In its place, the paper proposes a modification to this view which sees the threshold constrained by moral demands and applied indirectly to age groups rather than individuals. These constraints preserve the commitment to equality in a way consistent with a plausible view of children's place in society. (shrink)

This paper examines the differences between moralist, realist, and pragmatist approaches to political legitimacy by articulating their largely implicit views of judgment. Three claims are advanced. First, the salient opposition among approaches to legitimacy is not between “moralism” and “realism.” Recent realist proposals for rethinking legitimacy share with moralist views a distinctive form, called “normativism”: a quest for knowledge of principles that solve the question of legitimacy. This assumes that judging legitimacy is a matter of applying such principles to a (...) case at hand. Second, neither Rawls nor Habermas is a normativist about political legitimacy. The principles of legitimacy they proffer claim to express rather than adjudicate the legitimacy of a liberal-democratic regime, and thus cannot solve the question of legitimacy at a fundamental level. But perhaps we should question the normativist aspiration to theoretically resolving the problem to begin with. My third claim is that a “pragmatist” approach enables us to rethink political legitimacy more deeply by shifting focus from the articulation of principles to the activity of judging. Implicit in Rawls’s and Habermas’s theories I then find clues towards an alternative account of judgment, in which the question of legitimacy calls not for theoretical resolution but for ongoing practical engagement. (shrink)

This special edition brings together (1) the recent methodological worries of the moralism/realism and ideal/non-ideal theory debates with (2) the soaring ambition of work in international or global political theory, as found in, say, theories of global justice. Contributors are as follows: Chris Bertram, Jonathan Floyd, Aaron James, Terry MacDonald, David Miller, Shmulik Nili, Mathias Risse and Matt Sleat.

This article takes a new idea, ‘normative behaviourism’, and applies it to global political theory, in order to address at least one of the problems we might have in mind when accusing that subject of being too ‘unrealistic’. The core of this idea is that political principles can be justified, not just by patterns in our thinking, and in particular our intuitions and considered judgements, but also by patterns in our behaviour, and in particular acts of insurrection and crime. The (...) problem addressed is ‘cultural relativism’, understood here not as a meta-ethical doctrine, but as the apparent ‘fact’ that people around the world have culturally varying intuitions and judgements of a kind that lead them to affirm different political principles. This is a problem because it seems to follow (1) that global agreement on any substantial set of political principles is impossible, and (2) that any political theory in denial of this ‘fact’ would be, for that reason, deeply unrealistic. The solution argued for here is that, if domestic political principles (i.e. principles intended to regulate a single state) could be justified by normative behaviourism, and in reference to culturally invariant behaviour, then an international system supportive of such principles is justifiable by extension. (shrink)

This paper lays the foundations for a democratic defence of the argument that at least some non-citizens are entitled to claim rights of political participation with regard to states in which they are not resident. First I outline a distinctively democratic case for granting participatory rights to certain non-resident non-citizens, based upon the central claim that in a democracy those who are governed ought to have the opportunity to participate in the exercise of government. I offer support for extending rights (...) of participation to some non-resident non-citizens by addressing two possible democratic objections, relating to political equality and reciprocity. (shrink)

In Democratic Authority, David Estlund (2008) presents a major new defense of democracy, called epistemic proceduralism. The theory claims that democracy exercises legitimate authority in virtue of possessing a modest epistemic power: its decisions are the product of procedures that tend to produce just laws at a better than chance rate, and better than any other type of government that is justifiable within the terms of public reason. The balance Estlund strikes between epistemic and non-epistemic justifications of democracy is open (...) to question, both for its neglect of the roles of non-epistemic values of equality and collective autonomy in democracy, and for the ways his use of the public reason standard overshadows empirically based epistemic arguments for democracy. Nevertheless, Estlund presents telling critiques of rival theories and develops a sophisticated alternative that illuminates some central normative features of democracy. (shrink)