This essay presents a novel approach to specifying the meaning of the concept of populism, on the political position it occupies and on the nature of populism. Employing analytic techniques of concept clarification and recent analytic ideology critique, it develops populism as a political kind in three steps. First, it descriptively specifies the stereotype of populist platforms as identified in extant research and thereby delimits the peculiar political position populism occupies in representative democracies as neither inclusionary nor fascist. Second, it (...) specifies on this basis analytically–normatively the particular stance towards liberal representative democracy (in particular towards popular sovereignty and democratic legitimacy) that unifies populism’s political position and explains how populist politics can be compelling for democratic citizens. The normative core (populist ideology) turns out to require no more than two general principles of legitimizing political authority by elections. Surprisingly, it does not need a separate anti-pluralist or exclusionary commitment: it entails it. Third, this normative model allows a response to a contested question in the theoretical discussion, namely, whether populism (properly specified) can be democracy-enhancing. The article defends the negative answer in virtue of the normative core alone and does so as much vis-à-vis a minimal (purely electoral) as vis-à-vis a normatively ambitious (liberal) conception of democracy. The reconstruction of the normative core of populist ideology enables a novel argument to show that populism is incompatible with the continued democratic legitimation of political authority even in the normatively most austere conception of ‘electoral democracy’, not just with ‘liberal democracy’. Assuming a normatively more ambitious concept of democratic legitimation in terms of political autonomy, the model also produces an extremely direct argument showing that populists cannot fulfil their promise of ‘taking back control’ over political decision-making to the population. (shrink)

This introduction presents the articles contained in this special issue of Philosophy and Social Criticism on the topic of populism. It does so by placing them in the field of discussions that the standard conception of populism as ‘illliberal democracy’ has stimulated in many areas of the populism-research that was produced in response to the recent increase in populist governments in established constitutional democracies world-wide. Following the methodological canon of studies in the field, it presents the individual contributions roughly in (...) three segments according to leading questions they focus on. In each segment, the introduction attempts to indicate the degree to which the articles depart and provide reasons for departing from the initial standard conception and thereby point to new relevant directions for further work. The first segment consists of essays that take on the definitional and empirical question of what and where populism is, and which varieties of it there are. The second segment presents new work focusing on the diagnostic question of what conditions and institutional conditions enable contemporary populism in established liberal constitutional representative democracies. They thus also aim at explaining or at least providing insight into the structures on the supply side that make populism popular as an `outsider option'. The third and largest segment comprises essays that present various approaches to answering the therapeutic question what democratic political systems and societies can do to confront, absorb or internalize the lessons from populist challenges. (shrink)

The present paper puts forward a first outline of a possible agonistic theory of adjudication, conceived of as an extension of Chantal Mouffe’s agonistic theory of democracy onto the domain of the juridical, and specifically, judicial decision-making. Mouffe’s concept of the political as the dimension of inherent and unalienable conflicts (antagonisms) which, nonetheless, need to be tamed for a pluralist democracy to function, creates an excellent vantage point for a critical theory of adjudication. The paper argues for perceiving all judicial (...) decisions as having a double nature—juridical and political. Cloaked in legal form, judgments nonetheless decide on individual instances of on-going collective conflicts, opposing workers to employers, consumers to traders, tenants to landlords, moral progressives to traditionalists, minorities to majorities and so forth. Judges, when handing down judgments, enjoy a ‘relative sovereignty’, being always already inscribed into the institutional imperatives of the juridical, on one hand, and ideological influences, on the other, but at the same time called upon to decide in the terrain of the undecidable and contingent (after all, law does not ‘apply itself’ on its own). Indeed the determinacy of legal decisions is only relative: in many cases judges can, by performing a sufficient amount of legal interpretive work, reach a conclusion which will be different from theprima facieinterpretation. The collective conflicts of a various nature (economic, ideological, socio-political), once they are juridified, become the object of judicial decisions which, in light of Mouffe’s theory, can be seen as temporary hegemonic fixations. The goal of critical legal scholarship is to destabilise such hegemonies in the name of justice. This can be done not only through an external critique of the law, but also through an internal one. The methodological approach advanced in the latter part of the paper emphasises the need for a critique of judicial decisions based on the consideration of all possible alternative decisions a court could have reached, and their evaluation in the light of conflicting interests and ideologies. (shrink)