There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since the (...) fundamental norm of classical liberalism is consent, we must start with the intellectual history of the voluntary slavery contract, the coverture marriage contract, and the voluntary non-democratic constitution (or pactum subjectionis). Next we recover the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience through the Enlightenment (e.g., Spinoza and Hutcheson) in the abolitionist and democratic movements. Consent-based governments divide into those based on the subjects' alienation of power to a sovereign and those based on the citizens' delegation of power to representatives. Inalienable rights theory rules out that alienation in favor of delegation, so the citizens remain the ultimate principals and the form of government is democratic. Thus the argument concludes in agreement with Buchanan that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations. (shrink)

The philosophical debate concerning political exchange has largely been confined to debating the desirability of vote trading; where individuals can sell their votes or buy votes from others. However, I show that the vote credit systems prevalent in public choice theory entirely avoid the common objections to political exchange that afflict vote trading proposals. Namely, vote credit systems avoid equality concerns and inalienability concerns. I offer an alternative critique to formal mechanisms that encourage political exchange by drawing on the role (...) that impartiality and impartial moral judgements play in democratic and electoral institutions. (shrink)

What limits should there be on the areas of life that are governed by market forces? For many years, no one seriously defended the buying and selling votes for political elections. In recent years, however, this situation has changed, with a number of authors defending the permissibility of vote markets. One popular objection to such markets is that they would lead to a tyranny of wealth, where the poor are politically dominated by the rich. In a recent paper, Taylor :313–328, (...) 2017. doi: 10.1007/s11158-016-9327-0) has argued that this objection can be avoided if certain restrictions are placed on vote markets. In this paper we will argue that this attempt to rebut an argument against vote markets is unsuccessful. Either vote markets secure their purported benefits but then they inevitably lead to a tyranny of wealth, or they are restricted so heavily that they lack the features that have been claimed to make vote markets attractive in the first place. Using Taylor’s proposal as a test case, we make the more general claim that vote markets cannot avoid the tyranny of wealth objection and bring about their supposed benefits at the same time. (shrink)

Almost everyone would agree that vote buying is morally wrong, and that prohibitions on vote buying are morally justified. Yet, recently, several philosophers have argued that vote buying is morally permissible, and that it should be legally permitted. This paper begins by examining and criticising arguments that have been offered in defence of vote buying. I then go on to consider existing attempts to explain the wrongness of vote buying, arguing that none is wholly successful. I then advance a novel (...) account of the wrongness of vote buying. Vote buying is objectionable, I argue, because it involves a failure of respect for one’s fellow citizens as autonomous agents. I also consider the implications of my account for a number of other controversial practices. (shrink)

This paper expounds and defends a relational egalitarian account of the moral wrongfulness of vote markets according to which such markets are incompatible with our relating to one another as equals qua people with views on what we should collectively decide. Two features of this account are especially interesting. First, it shows why vote markets are objectionable even in cases where standard objections to them, such as the complaint that they result in inequality in opportunity for political influence across rich (...) and poor people, are inapplicable. Second, it specifies the sense in which, politically speaking, we should relate as equals, and in doing provides a richer version of recent relational egalitarian accounts of the ideal of democracy. (shrink)

In an important and provocative paper Christopher Freiman recently has defended the view that vote-buying should be legal in democratic societies. Freiman offers four arguments in support of this claim: that vote buying would be ex ante beneficial to both the buyers and sellers of votes; that voters enjoy wide discretion in how they use their votes, and so this should extend to selling them; that vote markets would lead to electoral outcomes that better reflect voters’ preferences; and that vote-buying (...) is relevantly similar to other democratic practices that are currently legal, such as logrolling and earmarking. In this paper I will address the last of Freiman’s arguments. I will argue that there are significant disanalogies between vote buying and both logrolling and earmarking, and that these differences justify the legal prohibition of the former practice while legally permitting the latter two. (shrink)

This paper offers the first moral defense of markets in votes in a democratic electoral system based on majority rule where there are no moral restrictions on how votes can be cast. In Part 1 I outline the type of vote buying that I defend in this paper, and defend my methodological assumption. In Part 2 I criticize Freiman’s arguments for legalizing vote buying. In Part 3 I outline and reply to some responses that could be made to my criticisms (...) of Freiman’s arguments. In Part 4 I draw from the flaws in Freiman’s arguments to argue that vote buying is morally permissible and defend these arguments against objections. (shrink)

A standard objection to a market in political votes is that it will enable the rich politically to dominate the poor. If a market in votes was allowed then the poor would be the most likely sellers and the rich the most likely buyers. The rich would thus accumulate the votes of the poor, and so the candidates elected and the policies passed would represent only their interests and not those of the electorate as a whole. To ensure that the (...) poor do not become de facto disenfranchised, then, markets in votes should be disallowed. This objection seems so straightforward and compelling that it has received almost no critical scrutiny. This is unfortunate, for close examination reveals that this argument is not as straightforward as it initially appears. Indeed, there are four different ways of understanding this objection. It could be understood as expressing: the concern that markets in votes would enable candidates to win elections who would otherwise lose them; the concern that they would enable the election of candidates opposed by the majority of the electorate; the concern that they would lead to the poor having disproportionately low political influence; and the concern that they would lead to the rich having disproportionately high political influence. I will argue in this paper that only and could plausibly ground objections to markets in votes. Moreover, these will only plausibly ground objections to unrestricted markets in votes; they will not ground objections to markets in votes per se. Thus, if we are to continue to object to markets in political votes we will have to do this on grounds other than that were they to be allowed the rich will politically dominate the poor. (shrink)

Standard rationales for the illegality of markets in votes are based on concerns over the undue influence of wealth and the erosion of civic responsibility that would result from the commodification of votes. I present an alternative rationale based on how the mere alienability of votes alters the strategic setting faced by political actors. The inalienability of votes ensure the strict secrecy of voting, that is, the inability of voters to communicate credibly to others the content of their votes. In (...) doing so, it diminishes the credibility of all political actors’ clientelistic promises to reciprocate. By drastically reducing the transaction costs of vote exchanges, the legality of markets in votes would thus exacerbate the detrimental effects of political clientelism on the quality of democratic governments. (shrink)