In virtue of their capacity for political agency, political agents can possess special rights, powers, and responsibilities, such as rights to political participation and freedom of speech. Traditionally, political theorists have assumed that only cognitively unimpaired adult humans are political agents, and thus that only those humans can be the bearers of these rights, powers, and responsibilities. However, recent work in animal rights theory has extended the concept of political agency to nonhuman animals. In this article, I develop an account (...) of political agency that identifies the capacities that one must possess to be a political agent and captures the fact that political action is a distinctive type of action. Crucially, this account makes sense of the standard assumption that only some humans count as political agents, and explains why few nonhuman animals, human infants, and severely cognitively impaired humans are likely to possess the capacity for political agency. I go on to reject the view, recently advanced by Sue Donaldson and Will Kymlicka, that nonhuman animals can be ‘nonintentional political agents’. I conclude by suggesting that most nonhuman animals, as well as human infants and humans with severe cognitive impairments, cannot straightforwardly be assigned rights to political participation. (shrink)

Agonist theorists have argued against deliberative democrats that democratic institutions should not seek to establish a rational consensus, but rather allow political disagreements to be expressed in an adversarial form. But democratic agonism is not antagonism: some restriction of the plurality of admissible expressions is not incompatible with a legitimate public sphere. However, is it generally possible to grant this distinction between antagonism and agonism without accepting normative standards in public discourse that saliently resemble those advocated by (some) deliberative democrats? (...) In this paper we provide an analysis of one important aspect of political communication, the use of slippery slope arguments, and show that the fact of pluralism weakens the agonists’ case for contestation as a sufficient ingredient for appropriately democratic public discourse. We illustrate that contention by identifying two specific kinds of what we call pluralism slippery slopes, i.e. mechanisms whereby pluralism reinforces the efficacy of slippery slope arguments. (shrink)

In the quest for a workable ideal of democracy, the systems approach has recently shifted its perspective on deliberative democratic theory. Instead of enquiring how institutionalized decision-making might mirror an ‘ideal deliberative procedure’, it asks how democracy might be construed as a ‘deliberative system’. This leads it to recommend de-emphasizing the role of parliament and focusing instead on non-institutionalized actors and communications. Though this increased emphasis is undoubtedly warranted, the importance of parliament must not be downplayed. In the debate about (...) transnational democracy – and about EU democratization in particular – it is widely held that making democracy safe for transnational politics entails finding new, non-parliamentary ways of organizing it. Here, the deliberative systems perspective may be misunderstood as offering an alternative, non-parliamentary route to transnational democracy. This article argues that a deliberative system without a parliamentary legislature is tantamount to deliberation without democracy and that an elected parliamentary legislature is constitutive of democracy as a deliberative system – national or transnational. To substantiate this claim, the article suggests looking at Habermas’ discourse theory in a new light, as a sociological-reconstructive approach that aims to explicate the cognitive dimension of modern democratic decision-making. Acknowledgement of discourse theory’s sociological intent enhances our understanding of democracy as a deliberative system in two important ways. First, it helps elucidate the epistemic meaning of democracy differently from the accounts given in alternative theories. Discourse theory holds that what generates democratic legitimacy in modern democracies is a particular epistemic quality which the democratic process lends to decisions by enabling citizens to view the latter as valid outcomes of a cooperative practice of collective problem-solving among equals. From this pragmatist understanding it follows, second, that the presence of a parliamentary legislature is crucial to the establishment and operation of democracy as a deliberative system. (shrink)

Ota Weinberger was a Czech-Austrian jurist, whose core academic work on issues of democracy was mostly published in the 1990s. In his writings, he focused primarily on legal philosophy from a positivist perspective. However, there are also significant overlaps with the field of political theory as Weinberger examined the conditions for the functioning of contemporary democracies. In this paper, some of the main features of his conception of the so-called “structured democracy” are clarified. The conception opposed several other democratic theories, (...) especially the elitist (Schumpeterian), the majoritarian, but also the discursive one, as represented by Jürgen Habermas, with whom Weinberger fundamentally disagreed. The paper focuses on several key elements of his theory, such as the leading ideas, the role of institutions, open society, and his critique of marketing methods in politics. (shrink)

In a recent article, Iris Marion Young raises several challenges to deliberative democracy on behalf of political activists. In this paper, the author defends a version of deliberative democracy against the activist challenges raised by Young and devises challenges to activism on behalf of the deliberative democrat. Key Words: activism • deliberative democracy • Discourse • Ideology • public sphere • I. M. Young.

The aim of this paper is to elucidate a significant epistemic dimension of deliberative democracy. I argue that the role of citizens’ political judgments in deliberative democratic theory commits deliberative democracy to a view of deliberation as an essentially epistemic enterprise, one aimed at identifying correct answers to questions of political morality. This epistemic reading stands in contrast to prevailing views of deliberative democracy that tend to hold that the normatively significant function of deliberation is merely to legitimate democratic decisions, (...) regardless of their substantive correctness. These views tend to regard any epistemic benefit of deliberation as a mere welcome side effect, ancillary to the aim of securing legitimacy. My argument, however, shows deliberative democratic legitimacy itself to depend on the epistemic success of deliberative procedures with respect to questions of political morality. I approach this argument by way of a contrast between deliberative democracy and the so-called aggregative conception of democracy. It will turn out that the important philosophical differences between the two views are located in their different conceptions of political participation and democratic legitimacy. I then go on to argue that the deliberative conceptions of participation and legitimacy give rise to an epistemic dimension which is generally underappreciated, but which is crucial to a proper understanding of deliberative democracy. I conclude that it is incumbent upon deliberative democrats to offer a compelling account of the epistemic value of deliberative procedures. The epistemic value of deliberation is not just a convenient epiphenomenon of deliberative democracy’s legitimation procedures. Rather, it is a necessary condition of those procedures playing their legitimating role at all. (shrink)

The paper argues that modern political life faces a seemingly irresolvable contradiction. On the one hand, a moral judgement in politics can refer only to the consequences of any policy. On the other hand, in modern society no consequences can be reasonably predicted at the moment a decision is taken. This renders political life unbearable from the moral point of view, because almost any political decision is likely subject to failure in the future. The solution to this dilemma is to (...) understand modern politics as a contract of fallibility, according to which citizens agree to withhold their moral judgements, as long as others do not act as if they assume their own infallibility. The adoption of such a theory might remove the sense of inescapable failure from ethically inclined political actors and emancipate our political discourse from irrational moralistic absolutism. In addition, the contract of fallibility can serve as the most economical justification of modern representative democracy. (shrink)

The idea of global justice faces a serious challenge. We live in one global society and many regional and local societies at the same time. The existing plurality of institutional as well as cultural levels of social connection leads to this general question: what is the right site for addressing different questions of justice? Some philosophers argue that the paramount place for thinking about justice is the global level, but other philosophers claim that questions of justice presuppose a certain institutional (...) structure. It is therefore only at the local level, preferentially in the form of sovereign states, where questions of justice arise. I want to argue that it is possible to understand some issues of justice as global in an irreducible way, while other issues are best addressed on a local level not only for pragmatic reasons, but also for reasons that have to do with the normative significance of local institutions, cultural connections and social identities. (shrink)

This essay reviews contemporary theories of public justification. In particular, it argues that conceptions of public justification and public reason have moved significantly beyond Rawls.

The idea of global justice faces a serious challenge. We live in one global society and many regional and local societies at the same time. The existing plurality of institutional as well as cultural levels of social connection leads to this general question: what is the right site for addressing different questions of justice? Some philosophers argue that the paramount place for thinking about justice is the global level, but other philosophers claim that questions of justice presuppose a certain institutional (...) structure. It is therefore only at the local level, preferentially in the form of sovereign states, where questions of justice arise. I want to argue that it is possible to understand some issues of justice as global in an irreducible way, while other issues are best addressed on a local level not only for pragmatic reasons, but also for reasons that have to do with the normative significance of local institutions, cultural connections and social identities. (shrink)

This article argues that all-affected principle needs to be reconceptualized to account for the differences in the historical and current social position of those who are or who should be making legitimacy claims. Drawing on Butler’s theory of vulnerability, this article advances a new and more robust all-affected principle that affords a stronger claim to legitimacy to those most-deeply affected by both the current decision in question and the historical process and practices shaping the choices available. In particular, this article (...) identifies three sets of exclusions of groups and claims that drive this reformulation: first, cases of historical injustice such as indigenous peoples; second, cases of current processes of minoritization which silence or render some groups and opinions as marginal such as women, ethnic minorities or even people in lower economic classes; and third, cases of state establishment of boundaries and ‘worthy’ citizenship such as refugees making claims for relocation and asylum. (shrink)

My aim in this article is to compare traditional multiculturalist political theory with a new paradigm in which the usual strategies for dealing with cultural diversities are replaced by the tools provided by inferential semantics as developed by Robert Brandom. The upshot is the transition from a landscape which is highly demanding with respect to the common assumptions among different views of the world to a dialogical context in which contrasting beliefs can come to light more freely.

El presente trabajo se propone brindar un abordaje normativo de la cuestión de la legitimidad democrática de los referéndums. Se centrará en una objeción puntual contra ellos, la que los sospecha de proveer a la mayoría un medio para tiranizar a las minorías, aquí traducida en términos de tensión entre el principio de soberanía popular y el sistema de derechos, pues exacerba la soberanía popular en detrimento de derechos humanos, en el caso, derechos de las minorías. Contra esta objeción sostendré (...) que si la gramática institucional del referéndum garantiza una estructura básica de justicia y él es utilizado en un contexto democrático, entonces este armoniza el principio de soberanía popular y el sistema de derechos, y por tanto, no representa un medio para tiranizar a las minorías, i.e. goza de legitimidad democrática en lo que concierne al aspecto aquí considerado. En el caso de que alguna de aquellas condiciones falten, el referéndumresulta ilegítimo en términos democráticos. Del primer tipo de referéndum se dirá que pertence a la forma pura, mientras que, del segundo, se dirá que reviste la forma corrupta. A lo largo del artículo se especificará en qué consisten las condiciones y. (shrink)

This article examines the critique of deliberative democracy leveled by William Connolly. Drawing on both recent findings in cognitive science as well on Gilles Deleuze's cosmological pluralism, Connolly argues that deliberative democracy, and the contemporary left more generally, is guilty of intellectualism for overlooking the embodied, visceral register of political judgment. Going back to Deleuze and Guattari's A Thousand Plateaus, this article reconstructs the working assumptions of Connolly's critique and argues that it unwittingly leads to an indefensible embrace of manipulation. (...) Against his micropolitics of visceral manipulation, I propose an alternative route for realizing Connolly's politics of agonistic negotiation in the form of a critical theory of the public sphere. (shrink)

Because citizens of diverse and pluralistic democracies possess different values and interests, deliberative democratic theory founds legitimate decision-making in non-coercive deliberations among free and equal citizens who appeal to public reasons or, in other words, to reasons that can be accepted by ‘all who are possibly affected’. Yet it is not clear that what stymies democratic justification is the failure to offer or accept public reasons. Can we not agree on them while understanding them in different but equally compelling ways? (...) Indeed, might it not be that what stymies justification is our failure to acknowledge this possibility? The first part of this paper explores these questions as they relate both to the original formulations of deliberative theory and to certain revisions. The second part of the paper investigates a hermeneutic alternative that not only acknowledges but also value differences in the ways we can plausibly understand the public reasons to which we agree. (shrink)