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)

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)

I aim to explain why majority voting can be assumed to have an epistemic edge over lottery voting. This would provide support for majority voting as the appropriate decision mechanism for deliberative epistemic accounts of democracy. To argue my point, I first recall the usual arguments for majority voting: maximal decisiveness, fairness as anonymity, and minimal decisiveness. I then show how these arguments are over inclusive as they also support lottery voting. I then present a framework to measure accuracy so (...) as to compare the two decision mechanisms. I go over four arguments for lottery voting and three arguments for majority voting that support their respective accuracy. Lottery voting is then shown to have, compared to majority voting, a decreased probability of discrimination. That is, I argue that with lottery voting it is less probable under conditions of normal politics that if the procedure selects X, X is reasonable. I then provide two case scenarios for each voting mechanism that illustrate my point. (shrink)

Responsible public policy making in a technological society must rely on complex scientific reasoning. Given that ordinary citizens cannot directly assess such reasoning, does this call the democratic legitimacy of technical public policies in question? It does not, provided citizens can make reliable second-order assessments of the consensus of trustworthy scientific experts. I develop criteria for lay assessment of scientific testimony and demonstrate, in the case of claims about anthropogenic global warming, that applying such criteria is easy for anyone of (...) ordinary education with access to the Web. However, surveys show a gap between the scientific consensus and public opinion on global warming in the U.S. I explore some causes of this gap and argue that democratic reforms of our culture of political discourse may be able to address it. (shrink)

The late Jerry Cohen struggled to reconcile his egalitarian political principles with his personal style of life. His efforts were inconclusive, but instructive. This comment locates the core of Cohen’s discomfort in an abstract principle that connects what we morally ought to be compelled to do and what we have a duty to do anyway. The connection the principle states is more general and much tighter than Cohen and others, e.g. Thomas Nagel, have seen. Our principles of justice always put (...) our personal integrity to the test, unless those principles are designed not to. But to craft principles with an view to avoiding that test is, as Cohen argued, itself to undermine both justice and our integrity. (shrink)

Every time we act in an effort to attain our epistemic goals, we express our epistemic agency. The present study argues that a proper understanding of the actions and goals relevant to expressions of such agency can be used to make ameliorative recommendations about how the ways in which we actually express our agency can be brought in line with how we should express our agency. More specifically, it is argued that the actions relevant to such expressions should be identified (...) with the variety of actions characteristic of inquiry; that contrary to what has been maintained by recent pluralists about epistemic value, the only goal relevant to inquiry is that of forming true belief; and that our dual tendency for bias and overconfidence gives us reason to implement epistemically paternalistic practices that constrain our freedom to exercise agency in substantial ways. In other words, when it comes to our freedom to express epistemic agency, more is not always better. In fact, less is often so much more. (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)

Implicit in feminist and other critiques of ideal theorizing is a particular view of what normative theory should be like. Although I agree with the rejection of ideal theorizing that oppression theorists (and other theorists of justice) have advocated, the proposed alternative of nonideal theorizing is also problematic. Nonideal theorizing permits one to address oppression by first describing (nonideal) oppressive conditions, and then prescribing the best action that is possible or feasible given the conditions. Borrowing an insight from the "moral (...) dilemmas debate"— namely that moral wrongdoing or failure can be unavoidable—I suggest that offering (only) action-guidance under non-ideal conditions obscures the presence and significance of unavoidable moral failure. An adequate normative theory should be able to issue a further, non-action-guiding evaluative chim, namely that the best that is possible under oppressive conditions is not good enough, and may constitute a moral failure. I find exclusively action-guiding nonideal theory to be both insufficiently nonidealizing (because it idealizes the moral agent by falsely characterizing the agent as always able to avoid moral wrongdoing) and meanwhile too strongly adapted to the nonideal (because normative expectations are lowered and detrimentally adapted to options that, while the best possible, are still unacceptable). (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 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)

Majority rule is often adopted almost by default as a group decision rule. One might think, therefore, that the conditions under which it applies, and the argument on its behalf, are well understood. However, the standard arguments in support of majority rule display systematic deficiencies. This article explores these weaknesses, and assesses what can be said on behalf of majority rule.

I argue that voting abstention may be obligatory under certain non-trivial conditions. Following recent work on voting ethics, I argue that the obligation to abstain under certain conditions follows from a duty not to vote badly. Whether one votes badly, however, turns on more than one's reasons for wanting a particular candidate elected or policy implemented. On my account, one's reasons for voting at all also matter, and one can be in a position where there is no way to exercise (...) one's right to vote well. Seriously unfair electoral processes may put one in such a position. Such processes arguably hold in some contemporary western democracies, including the US. (shrink)

The pragmatist view of politics is at its very heart epistemic, for it treats morals and politics as a kind of deliberation or inquiry, not terribly unlike other kinds of inquiry. With the exception of Richard Rorty, the pragmatists argue that morals and politics, like science, aim at the truth or at getting things right and that the best method for achieving this aim is a method they sometimes call the scientific method or the method of intelligence – what would (...) now be termed deliberative democracy. Hence, the pragmatists offer an argument for democracy which appeals to the quality of the decisions supplied by democratic procedure. Why should we value decisions that are the products of voting after open debate over private decision-making and then voting, over bargaining, or over elimination of those who disagree with us? We should value them because the deliberative democratic method is more likely to give us true or right or justified answers to our questions. Rorty, of course, thinks that no inquiry aims at the truth and that nothing about pragmatism speaks in democracy’s favor. This paper will show how his brand of pragmatism betrays what is good and deeply interesting in the pragmatist tradition. (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)

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)

The longstanding tension between the procedural and instrumental justification of democracy has been challenged by the theories that try to combine both approaches. These theories portray epistemic features of democracy in an instrumental framework and then try to reconcile them with procedural values. In this paper, I argue that it is possible to incorporate an epistemic dimension into a justification of democracy, without resorting to instrumentalism. On the view that I advance, Peircean epistemology, when combined with intrinsically valued epistemic virtues, (...) constitutes a purely procedural argument for democracy. (shrink)

This thesis provides three core arguments. The first core argument is a criticism of ‘identity’ views of metaphysics, in particular Haslangerian social constructivist metaphysics. Having made this criticism, I argue in favour of using the notion of ‘habitus’ from Bourdieu to account for the functional signature traditionally associated with identity, and apply this way of thinking about social metaphysics to social class. The second core argument applies social constructivist metaphysics to the issue of situated knowledge. I argue that we can (...) conceive of much of situated knowledge as being knowledge-how, rather than propositional knowledge. I do this by arguing that only knowledge-how can justify the social epistemic norms that are ascribed to situated knowledge. The third core argument applies this view of situated knowledge to political philosophy. I argue against the interpretation of my previous arguments as supporting epistocracy, and in doing so combine Thomas Christiano's instrumentalist argument for democracy with the demographic argument against epistocracy, creating a new 'demographic instrumentalist' argument for democracy. The sum of these three core arguments is an argument for the importance of maintaining a diverse set of decision-makers in political decision making. (shrink)

Joseph Raz has developed a concept of authority based on the special relationship between reasons and action. While the view is very complex and subtle, it can be summed up by saying that authorities are authorities insofar as they can mediate between the reasons that happen to bind their subjects and the subjects’ actions. Authorities do this by providing special reasons via directives to their subjects. These special reasons are what Raz calls “protected reasons.” Protected reasons are both first-order reasons (...) for action and second-order “exclusionary reasons” that exclude the subject from considering some reasons in the balance of reasons for or against any action. I first make clear what Raz’s view of authority is, and I then defend this view from some contemporary critics. (shrink)

This paper contributes to growing debates over the decision-making ability of democracy by considering the epistemic value of deliberative democracy. It focuses on the benefits democratic deliberation can derive from its diversity, and the extent to which these benefits can be realised with respect to the complexities of political problems. The paper first calls attention to the issue of complexity through a critique of Hélène Landemore and the Diversity Trumps Ability Theorem. This approach underestimates complexity due to its reliance on (...) an ‘oracle assumption’ and this is shown to highlight more general difficulties for applying the benefits of diversity to the realities of political problems. The paper then develops a new model of deliberation—based on an relationship between cognitive diversity and diminishing returns to cognitive type—which does not involve an oracle assumption and can therefore support the epistemic value of deliberative democracy even for complex problems. The benefits of diversity are also argued to be better realised though sortition than either democratic elections or epistocracy, pointing to the value of deliberation between randomly selected citizens. Finally, and contrary to past work, the new account suggests that diversity cannot alone establish the superiority of democratic deliberation over all non-democratic alternatives, and that it is insufficient to mount a purely epistemic argument for deliberative democracy. The paper therefore furthers our understanding of the epistemic value of deliberative democracy by clarifying when and to what extent diversity is a benefit to political problem solving. (shrink)

In this paper I critically assess David Lefkowitz’s view that the right to political participation encompasses a right to suitably constrained civil disobedience. I claim that his argument is not successful because it has an explanatory gap. I then examine two strategies for repairing his argument. The first attempts to show that acts of civil disobedience fulfill the duty to obey the law. The second attempts to establish that the moral value of civil disobedience outweighs the moral value of obeying (...) the law. I argue that both strategies may be successful—to a certain extent—but only the latter can establish a right to civil disobedience. (shrink)

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)

Unlike natural-born citizens, many immigrants have agreed to undertake political obligations. Many have sworn oaths of allegiance. Many, when they entered their adopted country, promised to obey the law. This paper is about these agreements. First, it’s about their validity. Do they actually confer political obligations? Second, it’s about their justifiability. Is it permissible to get immigrants to undertake such political obligations? Our answers are ‘usually yes’ and ‘probably not’ respectively. We first argue that these agreements give immigrants political obligations. (...) We then argue that getting immigrants to undertake such obligations is morally wrong. This is because it makes immigrants’ political obligations more burdensome than those of natural-born citizens. We conclude that the practice of getting immigrants to undertake such obligations should be abolished. (shrink)

In this paper, I set out to defend the claim that a central principle in democratic theory, the all-subjected principle, applies not only when one is subject to a rule by a state but also when one is subject to a rule by a ‘non-state’ unit. I argue that self-government is the value underlying the all-subjected principle that explains why a subjected individual should be included because she is subjected. Given this, it is unfounded to limit the principle to the (...) state, as subjection which threatens self-government occurs in non-state units such as corporations and families. This means that following the all-subjected principle surprisingly implies that we ought to have family and workplace democracy. (shrink)

Agent-based models have played a prominent role in recent debates about the merits of democracy. In particular, the formal model of Lu Hong and Scott Page and the associated “diversity trumps ability” result has typically been seen to support the epistemic virtues of democracy over epistocracy (i.e., governance by experts). In this paper we first identify the modeling choices embodied in the original formal model and then critique the application of the Hong-Page results to philosophical debates on the relative merits (...) of democracy. In particular we argue that the “best-performing agents” in Hong-Page model should not be interpreted as experts. We next explore a closely related model in which best-performing agents are more plausibly seen as experts and show that the diversity trumps ability result fails to hold. However, with changes in other parameters (such as the deliberation dynamic) the diversity trumps ability result is restored. The sensitivity of this result to parameter choices illustrates the complexity of the link between formal modeling and more general philosophical claims; we use this debate as a platform for a more general discussion of when and how agent-based models can contribute to philosophical discussions. (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 short piece draws on political philosophy to show how social media interference operations can be used by hostile states to weaken the apparent legitimacy of democratic governments. Democratic societies are particularly vulnerable to this form of attack because democratic governments depend for their legitimacy on citizens' trust in one another. But when citizen see one another as complicit in the distribution of deceptive content, they lose confidence in the epistemic preconditions for democracy. The piece concludes with policy recommendations for (...) how democratic governments should protect themselves. (shrink)

Proponents of public reason views hold that the exercise of political power ought to be acceptable to all reasonable citizens. This article elucidates the common structure shared by all public reason views, first by identifying a set of questions that all such views must answer and, second, by showing that the answers to these questions stand in a particular relationship to each other. In particular, we show that what we call the ‘rationale question’ is fundamental. This fact, and the common (...) structure more generally, are often overlooked or distorted within the literature. As a result, we argue, several prominent argumentative moves made by both critics and defenders of public reason are unsuccessful. Our overall conclusion is that discussions of public reason views would be more fruitful if they made consistent use of the common structure we identify. (shrink)

Jessica Flanigan argues that individuals have the right to self-medicate. Flanigan presents two arguments in defense of this right. The first she calls the epistemic argument and the second she calls the rights-based argument. I argue that the right to self-medicate hangs and falls on the rights-based argument. This is because for the epistemic argument to be sound agents must be assumed to be epistemically competent. But, Flanigan’s argument for a constitutionally mandated right to self-medicate models agents as epistemically incompetent. (...) For Flanigan, agents are different at the pharmacy than they are at the polls. I identify this behavioral asymmetry and advocate a symmetric and realistic behavioral postulate for both arguments. The result, however, is that the success of the epistemic argument becomes contingent which fails to justify a constitutionally mandated right. I proceed to raise skepticism about the rights-based argument as well. I conclude that there is reason to be skeptical that these arguments can justify a constitutionally mandated right to self-medicate. Ultimately, a bottom-up approach to pharmaceutical ethics is preferable. (shrink)

This article contributes to the revision of the procedure of robustness analysis of mathematical models in epistemic democracy using the systematic review method. It identifies the drawbacks of robustness analysis in epistemic democracy in terms of sample universality and inference from samples with the same results. To exemplify the effectiveness of systematic review, this article conducted a pilot review of diversity trumps ability theorem models, which are mathematical models of deliberation often cited by epistemic democrats. A review of nine models (...) extracted from 352 papers exemplifies the effectiveness of robustness analysis supplemented by systematic review in epistemic democracy. (shrink)

This article defends a specific account of reasonableness as a virtue of liberal citizenship. I specify an account of reasonableness that I argue is more consistent with the phenomenology of intersubjective exchanges among citizens over political matters in contexts of deep disagreement. My reading requires reasonable citizens to undertake an attitude of epistemic modesty while deliberating public matters with agents who hold views different from theirs. In contrast with my view, I debate Martha Nussbaum’s and Steven Wall’s accounts of reasonableness (...) and specify why I believe that these proposals, although interesting, both require revisions. Distinguishing my account from theirs, I specify the normative relation between reasonableness and a general framework of political legitimacy that identifies citizens as ‘co-authors of democratic decisions’. Here, I argue that the liberal ideal of ascribing to each member of the constituency the status of putative epistemic authority can be properly fulfilled if coupled with a correct specification of the political ideal of mutual respect. I conclude claiming that opacity respect, a notion of respect according to which the recognition respect that is owed to individuals is expressed by the idea that we have to treat them as ‘opaque’, is the most adequate concept of political respect when dealing with interpersonal deliberations at political level in contexts of deep disagreement. (shrink)

What obligations are there on voters? This paper argues that voters should make their electoral decision competently, and does so by developing on a recent proposal for democratic legitimacy. It then explores three problems arising from this ‘competency obligation’. First, how should voters be competent? I propose three conditions required for voter competence. Second, how competent should voters be? I argue that the competency required tracks the significance of the consequences of the vote. Third, if the electorate are unlikely to (...) deliver a competent decision, should suffrage be restricted to the competent alone? I defend unrestricted suffrage on the grounds that restricting suffrage cannot guarantee a competently made electoral decision. Instead, obligations on voters should be minimised by political parties satisfying their obligations to be politically sound; if they are sound, then the obligation to be competent can be easily satisfied by voters. (shrink)

According to one influential view, requirements to elicit consent for medical interventions and other interactions gain their rationale from the respect we owe to each other as autonomous, or self-governing, rational agents. Yet the popular presumption that consent has a central role to play in legitimate intervention extends beyond the domain of cases where autonomous agency is present to cases where far from fully autonomous agents make choices that, as likely as not, are going to be against their own best (...) interest. The question how we should understand the rationale for eliciting consent in this range of ‘non-ideal’ cases is comparatively ill understood. In this paper, I explore the prospects of accounting for consent requirements in such ‘non-ideal’ cases by appealing to a set of agency-based interests; including an interest in playing a meaningful part in joint decisions affecting ourselves and others. (shrink)

This paper examines whether or not children’s continued electoral exclusion is morally defensible. Ultimately; there is a deep tension between the egalitarian presuppositions of democracy and our apparent unwillingness to grant children voting rights. Unless a plausible distinction can be found; then; between adults and children that also tracks the underlying reasons for endorsing democracy in the first place; the continued political disenfranchisement of our youngest citizens is shown for what it is: social injustice. e paper begins by exploring some (...) of the conceptual difficulties that childhood creates in relation to democracy. It then assesses the implications of two very different approaches to democracy for children’s voting rights: proceduralism and a child’s supposed right to an open future. (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)

ABSTRACT This essay is a critical study of Jason Brennan's Against Democracy. We make three main points. First, we argue that Brennan's proposal of a right to competent government only works if one considers the absence of government a viable proposition, something most of his opponents are not prepared to do. Second, we suggest that Brennan's account of competent decision-making is blind to forms of oligarchic power that work against the very ideals of justice and epistemic virtue that competence is (...) meant to safeguard. Third, we muster empirical evidence to argue that, in the real world, democracy is not just about making decisions and selecting policies, in which case Brennan's argument misses its mark. (shrink)

A leading classical utilitarian, John Stuart Mill is an unlikely contributor to the public reason tradition in political philosophy. To hold that social rules or political institutions are justified by their contribution to overall happiness is to deny that they are justified by their being the object of consensus or convergence among all those holding qualified moral or political viewpoints. In this chapter, I explore the surprising ways in which Mill nevertheless works to accommodate the problems and insights of the (...) public reason tradition, and the extent to which he makes arguments that can help those working within that tradition. Mill’s utilitarian theory incorporates the claim that the demands of social life require a publicly accepted set of normative expectations to govern judgments about when one has met one’s obligations and, relatedly, about the appropriateness of blame or punishment. (shrink)

We give a review and critique of jury theorems from a social-epistemology perspective, covering Condorcet’s (1785) classic theorem and several later refinements and departures. We assess the plausibility of the conclusions and premises featuring in jury theorems and evaluate the potential of such theorems to serve as formal arguments for the ‘wisdom of crowds’. In particular, we argue (i) that there is a fundamental tension between voters’ independence and voters’ competence, hence between the two premises of most jury theorems; (ii) (...) that the (asymptotic) conclusion that ‘huge groups are infallible’, reached by many jury theorems, is an artifact of unjustified premises; and (iii) that the (nonasymptotic) conclusion that ‘larger groups are more reliable’, also reached by many jury theorems, is not an artifact and should be regarded as the more adequate formal rendition of the ‘wisdom of crowds’. (shrink)

Certain non-voluntarists have recently defended political authority by advancing two-part views. First, they argue that the state, or the law, is best (or uniquely) capable of accomplishing something important. Second, they defend a substantive normative principle on which being so situated is sufficient for de jure authority. This paper uses widely accepted tenets to show that all such defenses of authority fail.

At the core of public reason liberalism is the idea that the exercise of political power is legitimate only if based on laws or political rules that are justifiable to all reasonable citizens. Call this the Public Justification Principle. Public reason liberals face the persistent objection that the Public Justification Principle is self-defeating. The idea that a society’s political rules must be justifiable to all reasonable citizens is intensely controversial among seemingly reasonable citizens of every liberal society. So, the objection (...) goes, the Public Justification Principle is not justifiable to all reasonable citizens, and thus fails its own test of legitimacy. And this, critics conclude, undermines the public reason liberal project. This article argues that answering the self-defeat objection to public reason liberalism requires fundamentally rethinking prevailing accounts of the Public Justification Principle’s role. My aim is to develop an account of the Public Justification Principle that vindicates its coherence and moral appeal in the face of reasonable disagreement. (shrink)

The feasibility constraint on the concept of justice roughly states that a necessary condition for something to qualify as a conception of justice is that it is possible to achieve and maintain given the conditions of the human world. In this paper, I propose three alternative interpretations of this constraint that could be derived from different understandings of the Kantian formula ‘ought implies can’: the ability constraint, the motivational constraint and the institutional constraint. I argue that the three constraints constitute (...) a sequence in the sense that accepting the motivational constraint presupposes that we accept the ability constraint, and to accept the institutional constraint presupposes that we accept both previous constraints. Adding the possibility of rejecting all three constraints, we get four distinct metatheoretical positions that theorists could take vis-à-vis the feasibility constraint on justice. (shrink)

Mill’s harm principle is commonly supposed to rest on a distinction between self-regarding conduct, which is not liable to interference, and other-regarding conduct, which is. As critics have noted, this distinction is difficult to draw. Furthermore, some of Mill’s own applications of the principle, such as his forbidding of slavery contracts, do not appear to fit with it. This article proposes that the self-regarding/other-regarding distinction is not in fact fundamental to Mill’s harm principle. The sphere of protected liberty includes not (...) only self-regarding conduct, but also actions that affect only consenting others. On the other hand, the occasional permissibility of interfering with self-regarding conduct can plausibly be explained by reference to the agent’s consent. Thus, the more important distinction appears to be that between consensual and non-consensual harm, rather than that between the self-regarding and non-self-regarding action. That is, interference can be justified in order to prevent non-consensual harms, but not to prevent consensual harms. It is argued that the harm principle, thus reformulated, both captures Mill’s intentions and is a substantively plausible position. (shrink)

Many philosophers believe that there exist distinctive obstacles to relying on moral testimony. In this paper, I criticize previous attempts to identify these obstacles and offer a new theory. I argue that the problems associated with moral deference can't be explained in terms of the value of moral understanding, nor in terms of aretaic considerations related to subjective integration. Instead, our uneasiness with moral testimony is best explained by our attachment to an ideal of authenticity that places special demands on (...) our moral beliefs. (shrink)

This article compares the ‘enfranchisement lottery’, a novel method for allocating the right to vote, with universal suffrage. The comparison is conducted exclusively on the basis of the expected consequences of the two systems. Each scheme seems to have a relative advantage. On the one hand, the enfranchisement lottery would create a better informed electorate and thus improve the quality of electoral outcomes. On the other hand, universal suffrage is more likely to ensure that elections are seen to be fair, (...) which is important for political stability. This article concludes that, on balance, universal suffrage is prima facie superior to the enfranchisement lottery. Yet the analysis shows that the instrumental case for the ‘one person, one vote’ principle is less conclusive than democratic theorists usually suppose. (shrink)

‘Epistemic’ arguments for conservatism typically claim that given the limits of human reason, we are better off accepting some particular social practice or institution rather than trying to consciously improve it. I critically examine and defend here one such argument, claiming that there are some domains of social life in which, given the limits of our knowledge and the complexity of the social world, we ought to defer to those institutions that have robustly endured in a wide variety of circumstances (...) in the past while not being correlated with intolerable outcomes. These are domains of social life in which our ignorance of optimal institutions is radical, and there is uncertainty about the costs of error. This is an argument for the preservation of particular institutions, not particular policies or outcomes, and it specifically identifies these with the institutions that John Rawls called ‘the basic structure of society.’ The argument further implies that to the extent that there is any reason to change these institutions, changes should be calculated as far as possible to increase their ‘epistemic power.’. (shrink)

ABSTRACTThe idea that the crowd could ever be intelligent is a counterintuitive one. Our modern, Western faith in experts and bureaucracies is rooted in the notion that political competence is the purview of the select few. Here, as in my book Democratic Reason, I defend the opposite view: that the diverse many are often smarter than a group of select elites because of the different cognitive tools, perspectives, heuristics, and knowledge they bring to political problem solving and prediction. In this (...) essay I defend my epistemic argument against proceduralist democrats; the value of model thinking against empiricists; the bracketing of fundamental value diversity against critics who see such diversity as an essential feature of politics; the intelligence of the masses in the face of voter ignorance and systematic biases; and the normative priority of democracy over market mechanisms. I also consider challenges to my use of Hong and Page's formal results, the epistemically proper selection method for representatives, and the role of deliberation in problem solving. I finally chart three avenues for further research. (shrink)

In the contemporary philosophical literature, political legitimacy is often identified with a right to rule. However, this term is problematic. First, if we accept an interest theory of rights, it often remains unclear whose interests justify a right to rule : either the interest of the holders of this right to rule or the interests of those subject to the authority. And second, if we analyse the right to rule in terms of Wesley Hohfeld’s characterization of rights, we find disagreement (...) among philosophers about what constitutes the conceptual core of political authority: a power-right or a claim-right to rule. In this paper I show that both of these are problematic for a number of reasons. First, if we think that it is only the interests of the holders of a right to rule that justify the possession of authority, the conceptual core of authority must consist in a claim-right. However, this understanding of authority biases our thinking about legitimacy in favor of democratic exercises of power. Second, if we hold such a decisively democratic view of legitimacy, we confront an impasse with respect to addressing global collective action problems. Although it is clear that political authority is necessary or useful for solving these issues, it is doubtful that we can establish global institutions that are democratically authorized anytime soon. The paper suggests an alternative ‘Power-Right to Command View’ of political legitimacy that avoids the democratic bias and allows for thinking about solutions to global problems via global service authorities. (shrink)