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)

ABSTRACT:Partnerships between companies and NGOs have received considerable attention in CSR in the past years. However, the role of NGO legitimacy in such partnerships has thus far been neglected. We argue that NGOs assume a status as special stakeholders of corporations which act on behalf of the common good. This role requires a particular focus on their moral legitimacy. We introduce a conceptual framework for analysing the moral legitimacy of NGOs along three dimensions, building on the theory of deliberative democracy. (...) Against this background we outline three procedural characteristics which are essential for judging the legitimacy of NGOs as potential or actual partners of corporations. (shrink)

This thesis examines the concept of civil disobedience, and the role the latter can play in a democratic society. It aims to offer a moral justification for civil disobedience that departs from consequentialist or deontological considerations, and focuses instead on virtue ethics. By drawing attention to the notion of civic virtues, the thesis suggests that, under some circumstances, an act of civil disobedience is the very act displaying a virtuous disposition in the citizen who disobeys. Such disposition is interpreted in (...) light of a duty each individual has to respect her fellow citizens as autonomous agents. This grounds, in turn, a moral obligation to respect the law. The central claim of the thesis is that the obligation towards the law is fulfilled not only through acts of obedience but also, under different circumstances, through acts of disobedience. The status of non-violence as a necessary component of civil disobedience is questioned, and it is argued that a degree of force or violence may be permissible in civil disobedience, when it is compatible with the duty to respect others’ autonomy. Subsequently, the thesis offers an analysis of ‘reasonableness’ as a civic virtue, and by comparing three different approaches to the issue of reasonable disagreement among democratic citizens, it defends the deliberative approach as the most suited for treating fellow citizens as autonomous agents. The last two chapters focus on the importance, for an act of civil disobedience, of the agent’s willingness to accept the legal consequences of her law-breaking behaviour. It is argued that a civil disobedient has an obligation to face the prospect of being punished for the breach of the law. However, in considering the behaviour of a virtuous civil disobedient who appears at her criminal trial, it is also claimed that she should plead not guilty and aim to persuade her fellow citizens that she does not deserve to be punished, because what she did does not constitute a criminal wrong. In doing so, this thesis depicts civil disobedience not as a merely permissible form of behaviour, but as a morally praiseworthy conduct within a democratic community. (shrink)

IN the last decade deliberative democracy has developed rapidly from a “theoretical statement” into a “working theory.”1 Scholars and practitioners have launched numerous initiatives designed to put deliberative democracy into practice, ranging from deliberative polling to citizen summits.2 Some even advocate deliberation as a new “revolutionary now.”3 Deliberative democracy has also experienced the beginning of an empirical turn, making significant gains as an empirical (or positive) political science. This includes a small, but growing body of literature tackling the connection between (...) the normative standards of deliberation, how well they are met, and the empirical consequences of meeting them.4 This trend has, for instance, included the use of methods and frameworks borrowed from other fields, such as political and social psychology. Such studies suggest that cases approaching ideal deliberation are rare, but that group interaction sometimes works surprisingly well according to such ideals.5. (shrink)

During the 1960s and 1970s, institutionalists and behavioralists in the discipline of political science argued over the legitimacy of the institutional approach to political inquiry. In the discipline of philosophy, a similar debate concerning institutions has never taken place. Yet, a growing number of philosophers are now working out the institutional implications of political ideas in what has become known as “non-ideal theory.” My thesis is two-fold: (1) pragmatism and institutionalism are compatible and (2) non-ideal theorists, following the example of (...) pragmatists, can avoid a similar debate as took place between institutionalists and behavioralists by divulging their assumptions about institutions. (shrink)

The process of risk assessment of biotechnologies, such as genetically modified organisms (GMOs), has normative dimensions. However, the US’ Food and Drug Administration (FDA) seems committed to the idea that such evaluations are objective. This essay makes the case that the agency’s regulatory approach should be changed such that the public is involved in deciding any ethical or social questions that might arise during risk assessment of GMOs. It is argued that, in the US, neither aggregative nor deliberative (representative) democracy (...) ought to be used to make such determinations. Instead, participatory (deliberative) democracy should be the means by which members of the polity decide which normative concerns ought to underlie FDA’s assessment of GMOs. This paper uses a hypothetical case involving a new GM seed to make that argument. (shrink)

A contribution to the Common Knowledge symposium “Antipolitics,” this article examines the diverse types of imaginary that support sortition, which is currently at the heart of important debates on the reform of existing democratic institutions. Different and often diametrically opposed actors now advocate sortition as a tool for addressing crises of political representation. How are we to understand this convergence? Over the past two decades, the field of experience and the horizon of expectation of citizens in the global North have (...) profoundly changed, and this article seeks to assess those changes in the context of three ideal types that advocate the use of randomly selected minipublics. This article analyzes, each in turn, the attraction of sortition for supporters and theorists of deliberative democracy, antipolitical democracy, and radical democracy, outlining the elements that unite and divide these imaginaries to help explain the astonishing convergence of voices in defense of sortition in politics. (shrink)

Background This paper describes the design, implementation, and process outcomes from three public deliberations held in three tribal communities. Although increasingly used around the globe to address collective challenges, our study is among the first to adapt public deliberation for use with exclusively Indigenous populations. In question was how to design deliberations for tribal communities and whether this adapted model would achieve key deliberative goals and be well received.Methods We adapted democratic deliberation, an approach to stakeholder engagement, for use with (...) three tribal communities to respect tribal values and customs. Public deliberation convenes people from diverse backgrounds in reasoned reflection and dialogue in search of collective solutions. The deliberation planning process and design were informed by frameworks of enclave deliberation and community-based participatory research, which share key egalitarian values. The deliberations were collaboratively designed with tribal leadership and extensive partner input and involvement in the deliberations. Each deliberation posed different, locally relevant questions about genomic research, but used the same deliberation structure and measures to gauge the quality and experience of deliberation.Results A total of 52 individuals participated in the deliberations across all three sites. Deliberants were balanced in gender, spanned decades in age, and were diverse in educational attainment and exposure to health research. Overall, the deliberations were positively evaluated. Participant perceptions and external observer datasets depict three deliberations that offered intensive conversation experiences in which participants learned from one another, reported feeling respected and connected to one another, and endorsed this intensive form of engagement.Conclusion The adapted deliberations achieved key deliberative goals and were generally well received. Limitations of the study are described. (shrink)

Identity and democracy and, more particularly, national identity and deliberative democracy account for a controversial relationship. However, from a classical deliberative democratic point of view, the controversy over who is the ‘we’ that needs to stand together in contemporary complex societies settled with the constitution of modern states. In this sense, the main contribution of this paper is twofold. On the one hand, I rebut the analytical appropriateness and conceptual coherence of Habermas’ discursive approach to democracy for the case of (...) plurinational societies in contemporary constitutional democracies. A discussion of a test case – Catalonia – demonstrates that this inadequacy renders incoherent the deliberative model regarding one of its most fundamental premises: the equal weight of the principles of law and the principle of democracy. On the other hand, I sustain that the challenge is not about identity but democracy, and more particularly, about the role deliberative democracy is called to play when controversy challenges whether the people of a state do conform to a single people or not. More concretely, I explore the opportunities offered by the systemic turn to sustain a more realistic approach to deliberative democracy regarding its capacity to steer society towards integration in the context of the system of public deliberation. (shrink)

Theories of deliberative democracy have faced the charge of leading to the unjust exclusion of voices from public deliberation. The recent rhetorical turn in deliberative theory aims to respond to this charge. I distinguish between two variants of this response: the supplementing approach and the systemic approach. On the supplementing approach, rhetorical modes of political speech may legitimately supplement the deliberative process, for the sake of those excluded from the latter. On the systemic approach, rhetorical modes of political speech are (...) legitimate within public deliberation, just so long as they result in net benefits to the deliberative system. I argue that neither of these two approaches adequately meets the unjust exclusion charge. Whereas the supplementing approach does not go far enough to incorporate rhetorical speech into public deliberation, the systemic approach goes too far by legitimising forms of rhetoric that risk only exacerbating the problem of unjust exclusion. More constructively, I draw on Aristotle’s conception of rhetoric, as an art that is a counterpart to dialectic, to argue for a constitutive approach to rhetoric. I show how this approach provides a more expansive notion of deliberation that remains normatively orientated. (shrink)

Most democratic theorists agree that concentrations of wealth and power tend to distort the functioning of democracy and ought to be countered wherever possible. Deliberative democrats are no exception: though not its only potential value, the capacity of deliberation to ‘neutralise power’ is often regarded as ‘fundamental’ to deliberative theory. Power may be neutralised, according to many deliberative democrats, if citizens can be induced to commit more fully to the deliberative resolution of common problems. If they do, they will be (...) unable to get away with inconsistencies and bad or private reasons, thereby mitigating the illegitimate influence of power. I argue, however, that the means by which power inflects political disagreement is far more subtle than this model suggests and cannot be countered so simply. As a wealth of recent research in political psychology demonstrates, human beings persistently exhibit ‘motivated reasoning’, meaning that even when we are sincerely committed to the deliberative resolution of common problems, and even when we are exposed to the same reasons and evidence, we still disagree strongly about what ‘fair cooperation’ entails. Motivated reasoning can be counteracted, but only under exceptional circumstances such as those that enable modern science, which cannot be reliably replicated in our society at large. My analysis suggests that in democratic politics – which rules out the kind of anti-democratic practices available to scientists – we should not expect deliberation to reliably neutralise power. (shrink)

A prominent way of justifying civil disobedience is to postulate a pro tanto duty to obey the law and to argue that the considerations that ground this duty sometimes justify forms of civil disobedience. However, this view entails that certain kinds of uncivil disobedience are also justified. Thus, either a) civil disobedience is never justified or b) uncivil disobedience is sometimes justified. Since a) is implausible, we should accept b). I respond to the objection that this ignores the fact that (...) civil disobedience enjoys a special normative status on account of instantiating certain special features: nonviolence, publicity, the acceptance of legal consequences, and conscientiousness. I then show that my view is superior to two rivals: the view that we should expand the notion of civility and that civil disobedience, expansively construed, is uniquely appropriate; and the view that uncivil disobedience is justifiable in but only in unfavorable conditions. (shrink)

El regreso del sorteo a la política desde hace cuarenta años debe mucho a su apropiación por parte de las teorías de la democracia deliberativa, que han hecho de los dispositivos sorteados los espacios centrales de la deliberación democrática. Esta apropiación, sin embargo, no era en absoluto evidente. Tiene que ver con la trayectoria científica de algunos de sus promotores y con evoluciones paralelas en el seno del campo político. A pesar del aire fresco que ha insuflado al gobierno representativo, (...) la promoción científica del sorteo no se ha traducido necesariamente en una democratización de la democracia. Estos experimentos contribuyen a demostrar las capacidades deliberativas de los ciudadanos ordinarios, pero tan solo en casos excepcionales han contribuido a incrementar su poder en la toma de decisiones. La focalización de las investigaciones sobre el análisis de las dinámicas deliberativas en el interior de dispositivos sorteados ha sido, por tanto, muy criticado por estudiosos que reivindican un retorno a la inspiración inicial habermasiana de una deliberación más amplia en el espacio público, no restringida al interior de los mini-públicos. Este giro sistémico ha marginado el sorteo en la teoría deliberativa más reciente. Después de reconstruir este recorrido intelectual, me gustaría esbozar algunos elementos para reflexionar sobre la manera en que el sorteo podría contribuir a reanimar la llama crítica de la teoría deliberativa, mediante su uso como herramienta de oposición por parte de los movimientos sociales. (shrink)

This contribution explores correctives to several errors that Thomas Nagel seems to presuppose in his seminal defence of scepticism about global justice. I rely on lessons learned and conventions surviving in West African contemporary social and moral contexts, where people engage as a matter of course in divergent, historically antagonistic cultural and political traditions. On this view, global justice is a work in progress—not a fixed univocal formula but an on-going collaborative effort, a project in perpetual renovation and inter-cultural reconsideration (...) by successive generations which presupposes a diversity of values and ways of sanctifying human life. I consider ways in which an ethics of care, as suggested by Virginia Held, might have been anticipated by the time-honoured norms of governance and political culture surviving in complex African polities, cultures which have withstood the corrosion of external colonialism since early modernity. How might iconically African, universally fundamental moral notions of decency and fairness find their way back into the global marketplace of diplomatic discourse and economic policy design?To demonstrate the need to navigate towards some consensus within the diversity of indigenous concepts associated with justice and good governance in Africa, I discuss the fiasco displayed in a widely celebrated proposal for exercising globally principles of justice in the Western liberal political tradition applied to remedy Africans’ notorious resource curse. (shrink)

Addressing the critique that communication activities with regard to CSR are often merely instrumental marketing or public relation tools, this paper develops a toolbox of CSR communication that takes into account a deliberative notion. We derive this toolbox classification from the political approach of CSR that is based on Habermasian discourse ethics and show that it has a communicative core. Therefore, we embed CSR communication within political CSR theory and extend it by Habermasian communication theory, particularly the four validity claims (...) of communication. Given this communicative basis, we localize CSR communication as a main means to receive moral legitimacy within political CSR theory. A typology of CSR communication tools is advanced and substantiated by a review of case studies supporting the categories. Thus, we differentiate between instrumental and deliberative, as well as published and unpublished tools. Practical examples for the literature-derived tool categories are provided and their limitations are discussed. (shrink)

In a globalizing world, governments are not always able or willing to regulate the social and environmental externalities of global business activities. Multi-stakeholder initiatives (MSI), defined as global institutions involving mainly corporations and civil society organizations, are one type of regulatory mechanism that tries to fill this gap by issuing soft law regulation. This conceptual paper examines the conditions of a legitimate transfer of regulatory power from traditional democratic nation-state processes to private regulatory schemes, such as MSIs. Democratic legitimacy is (...) typically concerned with input legitimacy (rule credibility, or the extent to which the regulations are perceived as justified) and output legitimacy (rule effectiveness, or the extent to which the rules effectively solve the issues). In this study, we identify MSI input legitimacy criteria (inclusion, procedural fairness, consensual orientation, and transparency) and those of MSI output legitimacy (rule coverage, efficacy, and enforcement), and discuss their implications for MSI democratic legitimacy. (shrink)

Many proponents of deliberative democracy expect reasonable citizens to engage in rational argumentation. However, this expectation runs up against findings by behavioral economists and social psychologists revealing the extent to which normal cognitive functions are influenced by bounded rationality. Individuals regularly utilize an array of biases in the process of making decisions, which inhibits our argumentative capacities by adversely affecting our ability and willingness to be self-critical and to give due consideration to others’ interests. Although these biases cannot be overcome, (...) I draw on scientifically corroborated insights offered by Adam Smith to show that they can be kept in check if certain affective and cognitive capacities are cultivated. Smith provides a compelling account of how to foster sympathetic, impartial, and projective role-taking in the process of interacting with others, which can greatly enhance our capacity and willingness to critically assess our own interests and fairly consider those of others. (shrink)

Much of the interest of critical realists in the hermeneutic character of social inquiry has been shaped by debates with critics. Critical realists insist that the meaningful character of societies does not exclude the possibility of treating them as objects that have causal powers and that these objects are more than the sum-total of their meanings. In what follows, I want to go beyond this debate. Working within critical realist ontology, the question I want to ask is what kind of (...) hermeneutics is required for the study of the causal powers of meaningful objects. If hypotheses about the causal powers of such objects can be confirmed only in dialogues, then what kind of dialogues and with whom are necessary for the understanding of causal powers? The question of the interpretation of causal objects is not merely a methodological one. Social structures are ontologically different from natural ones, and the nature of our understanding of meaningful objects is in part dependent on the way we come to apprehend them in thought. I argue that the approach to the understanding of the causal power of meaningful objects that has emerged in the debate between critical realists and their critics tends to view the study of causal powers as a dialogue between experts in the service of a more democratic society. Against this view, I suggest an understanding of the study of causal powers as a dialogue between critical social science and the public, a dialogue that takes place in the public sphere. (shrink)

Journal of Political Philosophy, EarlyView.

The following essay begins by outlining the pragmatist link between truth claims and democratic deliberations. To this end, special attention will be paid to Jeffrey Stout’s pragmatist enfranchisement of religious citizens. Stout defends a deliberative notion of democracy that fulfills stringent criteria of inclusion and security against domination. While mitigating secular exclusivity, Stout nonetheless acknowledges the new visibility of religion in populist attempts to dominate political life through mass rule and charismatic authorities. In response, I evaluate recent innovations in deliberative (...) democratic systems theory (DDST). By adding a pragmatist inflection to DDST, I aim to apprehend the complex religious interactions between partisan interest groups as well as the trust-building capacities of minipublics. (shrink)

Identity and democracy and, more particularly, national identity and deliberative democracy account for a controversial relationship. However, from a classical deliberative democratic point of view, the controversy over who is the ‘we’ that needs to stand together in contemporary complex societies settled with the constitution of modern states. In this sense, the main contribution of this paper is twofold. On the one hand, I rebut the analytical appropriateness and conceptual coherence of Habermas’ discursive approach to democracy for the case of (...) plurinational societies in contemporary constitutional democracies. A discussion of a test case – Catalonia – demonstrates that this inadequacy renders incoherent the deliberative model regarding one of its most fundamental premises: the equal weight of the principles of law and the principle of democracy. On the other hand, I sustain that the challenge is not about identity but democracy, and more particularly, about the role deliberative democracy is called to play when controversy challenges whether the people of a state do conform to a single people or not. More concretely, I explore the opportunities offered by the systemic turn to sustain a more realistic approach to deliberative democracy regarding its capacity to steer society towards integration in the context of the system of public deliberation. (shrink)

Theories of deliberative democracy have faced the charge of leading to the unjust exclusion of voices from public deliberation. The recent rhetorical turn in deliberative theory aims to respond to this charge. I distinguish between two variants of this response: the supplementing approach and the systemic approach. On the supplementing approach, rhetorical modes of political speech may legitimately supplement the deliberative process, for the sake of those excluded from the latter. On the systemic approach, rhetorical modes of political speech are (...) legitimate within public deliberation, just so long as they result in net benefits to the deliberative system. I argue that neither of these two approaches adequately meets the unjust exclusion charge. Whereas the supplementing approach does not go far enough to incorporate rhetorical speech into public deliberation, the systemic approach goes too far by legitimizing forms of rhetoric that risk only exacerbating the problem of unjust exclusion. More constructively, I draw on Aristotle’s conception of rhetoric, as an art that is a counterpart to dialectic, to argue for a constitutive approach to rhetoric. I show how this approach provides a more expansive notion of deliberation that remains normatively orientated. (shrink)

A political challenge facing constitutional democracies in Africa is the lack of adequate representation and participation of citizens in democratic processes and institutions. This challenge is manifest in the vesting of power solely in, and the exercise of this power by, a sectional group – the majority party – to the exclusion of others; as evinced in the liberal democratic systems extensively practised on the continent. Wiredu proposes as a solution to these challenges the adoption of consensual democracy; an indigenous, (...) non-party democratic system rooted in the traditional African humanist and communitarian conceptions of the individual and the community, in which political decisions are characteristically reached by consensus. In this article, I present a critical exposition of Wiredu’s consensual democracy and defend it against liberal democracy on the one hand, and criticisms levelled against it on the other hand. I also offer some modifications to Wiredu’s theory in a bid to render it more suitable for practice in Africa. (shrink)

We critically assess integrative social contracts theory (ISCT) and show that the concept particularly lacks of moral justification of substantive hypernorms. By drawing on Habermasian philosophy, in particular discourse ethics and its recent application in the theory of deliberative democracy , we further advance ISCT and show that social contracting in business ethics requires a well-justified procedural rather than a substantive focus for managing stakeholder relations. We also replace the monological concept of hypothetical thought experiments in ISCT by a concept (...) of practical discourse to better govern business activities on the macro-level of organizational actors such as firms, governments, and NGOs. (shrink)

Dans cet article, j’analyse à la lumière des normes libérales de la politique délibérative le bien-fondé de l’action directe contre les institutions internationales associées au néolibéralisme et à la mondialisation du capitalisme (Banque mondiale, Organisation mondiale du commerce, etc.). Le processus délibératif de ces organismes étant illégitime du point de vue de la théorie de la politique délibérative, les activistes du mouvement altermondialiste sont en droit de contester ces organismes. De plus, une attitude de contestation peut avoir en elle-même une (...) valeur délibérative pour au moins sept raisons : (1) lancer une délibération ; (2) élargir la participation à la délibération ; (3) renforcer la représentativité ; (4) faire circuler l’information et faire connaître les arguments (publicité) ; (5) stimuler l’imagination ; (6) pousser à l’action ; (7) relancer la délibération. Finalement, les mouvements sociaux tels que le mouvement altermondialiste peuvent être vus comme des forums délibératifs. Ainsi, qui veut évaluer la légitimité de l’action directe doit prendre en considération la nature délibérative du processus par lequel les activistes choisissent les moyens les plus efficaces à utiliser pour corriger les défauts du processus délibératif officiel et pour faire avancer l’égalité, la liberté et la justice. (shrink)

: Critics have suggested that deliberative democracy reproduces inequalities of gender, race, and class by privileging calm rational discussion over passionate speech and action. Their solution is to supplement deliberation with such forms of emotional expression. Hall argues that deliberation already inherently involves passion, a point that is especially important to recognize in order to deconstruct the dichotomy between reason and passion that plays a central role in reinforcing inequalities of gender, race, and class in the first place.

According to a frequent objection coming from the tradition of political realism, deliberative democracy is impotent in the face of actors who, wielding power and money, refuse to engage in deliberation, or seek to distort deliberative processes. With the aim of disproving this objection, in this essay I proceed in three steps: first of all, I show that the realpolitik objection is based on a dyadic, two-person theoretical model of argumentative speech acts. To this model, considered limited and unsatisfactory by (...) many sociolinguists, I counter a more complex and articulated framework. Second, I aim to demonstrate that this latter framework is capable of accounting for a temporally and spatially enlarged democratic deliberation which can be rejected or distorted barely, if at all, by agents relying on positions of power. In the third section, I highlight the many and important differences in grounding, nature and finalities between the model of enlarged democratic deliberation and forms of power politics based on strategic calculations and tactical alliances. Finally, I focus on the application of the model to societies characterized by structural injustices and distortions, with the aim of showing how it can help marginalized and victimized groups have their requests heard and discussed in the public sphere and in deliberative settings. (shrink)

Integrative Social Contracts Theory is a popular framework to assist managers in making decisions on international moral dilemmas. Although the theory has been praised for its comprehensiveness and sophistication, commentators have raised concerns regarding the justification and identification of substantive hypernorms, fundamental moral principles valid across cultures. This paper introduces the deliberative test, a new method for testing the cross-cultural validity of ethical norms in ISCT. The test relies on the concept of Deliberative Capacity, arising from new developments in system-level (...) deliberative democracy research, which studies deliberation at the level of national societies and over time. Based on this recent stream of research, the deliberative test has the potential of providing better guidance for managers to decide which norms to follow in case of conflicting standards between home and host countries. (shrink)

Instrumentalism about moral compromise in politics appears inconsistent with accepting both the existence of non-instrumental or principled reasons for moral compromise in close personal friendships and a rich ideal of civic friendship. Using a robust conception of political reconciliation during democratic transitions as an example of civic friendship, I argue that all three claims are compatible. Spouses have principled reasons for compromise because they commit to sharing responsibility for their joint success as partners in life, and not because their relationship (...) involves strong affective attitudes of goodwill, solidarity, trust, and the like. Since shared responsibility for ends is an inappropriate element in the political relationship between citizens, the members of a divided society may manifest the constitutive attitudes of political reconciliation without any commitment to principled reasons for moral compromise. (shrink)

RESUMEN Este artículo sostiene que la desobediencia coercitiva motivada por el cambio climático a veces es antidemocrática, pero no por eso es impermisible. El cambio climático representa un peligro tan grave para los derechos básicos de millones de personas en todo el mundo, que incluso el derecho básico a la democracia puede verse justificadamente desplazado como medio para disminuir el riesgo de una catástrofe climática. El articulo responde también a quienes afirman que la desobediencia coercitiva climática es siempre democrática porque (...) sirve para igualar la influencia informal sobre las decisiones públicas o protege las precondiciones de la democracia. Estos argumentos solo rescatan algunos actos de desobediencia climática coercitiva. Los demás son antidemocráticos, pero no por eso impermisibles. ABSTRACT This article argues that when coercive disobedience is motivated by climate change, it is sometimes permissible, even if it is undemocratic. Climate change poses such a serious danger to the basic rights of millions of people worldwide that even the basic right to democracy can be justifiably displaced as a means to reduce the risks posed by a climate catastrophe. The article also replies to the claim that coercive climate disobedience is always democratic because it equalizes informal influence over public decisions, or protects the preconditions of democracy; these arguments only rescue some acts of coercive climate disobedience. The rest are still undemocratic, but they are not for this reason impermissible. (shrink)

Flagging labor governance in far-flung supply networks has prompted greater scrutiny of instrumental CSR and calls for models that are tethered more closely to accountability, constraint, and oversight. Political CSR is an apt response, but this paper seeks to buttress its deliberative moorings by arguing that the agonist notion of ‘domesticated conflict’ provides a necessary foundation for substantive deliberation. Because deliberation is more viable and effective when coupled with some means of coercion, a concept of CSR solely premised on reciprocal (...) corporate-stakeholder engagement is pre-mature; efforts should first be directed toward the antecedents of reciprocity and how it is to be achieved, and only then does deliberation become a reliably substantive exercise. The resulting account of agonistic CSR is generated through agonistic principles of realism, pro-action, contestation, and countervailence, and illustrated by the Bangladesh Accord. (shrink)

ABSTRACTThis rejoinder represents a final installment in a debate between myself and Paul Gunn over the feasibility and desirability of deliberative democracy. Here I argue that our debate has helped clarify an ambivalence in the literature surrounding the ends and means of deliberative democracy. I specify two ways to understand both ends and means, establish their importance in deliberative theory, and show how they can be combined. I conclude by showing how this systemic view incorporates and overcomes several challenges facing (...) modern democracy, such as the necessity of expert authority, the role of partisanship, and the problem of social complexity. (shrink)

ABSTRACT:Deliberative democratic theory, commonly used to explore questions of “political” corporate social responsibility, has become prominent in the literature. This theory has been challenged previously for being overly sanguine about firm profit imperatives, but left unexamined is whether corporate contexts are appropriate contexts for deliberative theory in the first place. We explore this question using the case of Starbucks’ “Race Together” campaign to show that significant challenges exist to corporate deliberation, even in cases featuring genuinely committed firms. We return to (...) the underlying social theory to show that this is not an isolated case: for-profit firms are predictably hostile contexts for deliberation, and significant normative and strategic problems can be expected should deliberative theory be imported uncritically to corporate contexts. We close with recent advances in deliberative democratic theory that might help update the PCSR project, and accommodate the application of deliberation to the corporate context, albeit with significant alterations. (shrink)

Modern society is challenged by a loss of efficiency in national governance systems values, and lifestyles. Corporate social responsibility (CSR) discourse builds upon a conception of organizational legitimacy that does not appropriately reflect these changes. The problems arise from the a-political role of the corporation in the concepts of cognitive and pragmatic legitimacy, which are based on compliance to national law and on relatively homogeneous and stable societal expectations on the one hand and widely accepted rhetoric assuming that all members (...) of society benefit from capitalist production on the other. We therefore propose a fundamental shift to moral legitimacy, from an output and power oriented approach to an input related and discursive concept of legitimacy. This shift creates a new basis of legitimacy and involves organizations in processes of active justification vis-à-vis society rather than simply responding to the demands of powerful groups. We consider this a step towards the politicization of the corporation and attempt to re-embed the debate on corporate legitimacy into its broader context of political theory, while reflecting the recent turn from a liberal to a deliberative concept of democracy. (shrink)

Francis Dupuis-Déri confronts the domestication of radical ideas in his superb and stimulating essay, “Global Protestors Versus Global Elites: Are Direct Action and Deliberative Politics Compatible?”, and leads to the intriguing claim that the legitimacy of radical anti-capitalist protest rests ultimately on its internally deliberative quality. This account, however compelling as it stands in many ways, seems to give undue predominance to legitimacy claims. The problem of democracy and global capitalism today is that the global justice movement’s designated constituency does (...) not exist as an actor, for the simple reason that the majority of its putative members have yet to accept the problem forwarded by the global justice movement. People must be convinced to join movements against corporate control, democratic weakening, and income inequality ; fortifying legitimacy among the already committed does not seem to be helping. (shrink)

In recent times, it has become increasingly common that elected parties and leaders systematically undermine democracy and the rule of law. This phenomenon is often framed with the term democratic backsliding or democratic regression. This article deals with the relatively little-studied topic of resistance to democratic regressions. Chief amongst the things it discusses is the rather central ethical issue of whether resisters may themselves, in their attempts to prevent a further erosion of democracy, transgress democratic norms. But the argument advanced (...) in the article is not merely about the ethics of resistance. It begins, perhaps unconventionally, by addressing the affective dimension of resistance to democratic regressions, looking in particular at the powerful feelings of anger and despair that pro-democratic citizens living under a regressive government are likely to experience. As the article argues, these feelings have not only motivational but also epistemic potential, which must be adequately theorized in order to understand how resisters can respond to the ethical challenges facing them. (shrink)

The press and scholars alike often bemoan the failure of civil public deliberation. Yet this insistence on civility excludes people who engage in adversarial tactics, limiting the ideas that are heard within deliberation. Drawing on a deliberative dialogue that occurred in Charlottesville, Virginia, in the aftermath of the deadly White Supremacist rally of 2017, this article reveals how the capacity of deliberation to be inclusive of diverse voices depends upon deliberators’ orientation to learn from people who do not participate in (...) deliberation. While much scholarship attends to learning for democracy, as in the preparation of young citizens, this article shows the significance of learning in democracy, as in the capacity of adults to learn in the midst of political strife. (shrink)

In a globalizing world, governments are not always able or willing to regulate the social and environmental externalities of global business activities. Multi-stakeholder initiatives (MSI), defined as global institutions involving mainly corporations and civil society organizations, are one type of regulatory mechanism that tries to fill this gap by issuing soft law regulation. This conceptual paper examines the conditions of a legitimate transfer of regulatory power from traditional democratic nation-state processes to private regulatory schemes, such as MSIs. Democratic legitimacy is (...) typically concerned with input legitimacy (rule credibility, or the extent to which the regulations are perceived as justified) and output legitimacy (rule effectiveness, or the extent to which the rules effectively solve the issues). In this study, we identify MSI input legitimacy criteria (inclusion, procedural fairness, consensual orientation, and transparency) and those of MSI output legitimacy (rule coverage, efficacy, and enforcement), and discuss their implications for MSI democratic legitimacy. (shrink)

This essay introduces a special report from The Hastings Center entitled Democracy in Crisis: Civic Learning and the Reconstruction of Common Purpose, which grew out of a project supported by the John S. and James L. Knight Foundation. This multiauthored report offers wide‐ranging assessments of increasing polarization and partisanship in American government and politics, and it proposes constructive responses to this in the provision of objective information, institutional reforms in government and the electoral system, and a reexamination of cultural and (...) political values needed if democracy is to function well in a pluralistic and diverse society. The essays in the special report explore the norms of civic learning and institutions, social movements, and communal innovations that can revitalize civic learning in practice. This introductory essay defines and explains the notion of civic learning, which is a lynchpin connecting many of the essays in the report. Civic learning pertains to the ways in which citizens learn about collective social problems and make decisions about them that reflect the duties and responsibilities of citizenship. Such learning can occur in many social settings in everyday life, and it can also be facilitated through participation in the processes of democratic governance on many levels. Civic learning is not doctrinaire and is compatible with a range of public goals and policies. It is an activity that increases what might be called the democratic capability of a people. (shrink)

This essay introduces a special report from The Hastings Center entitled Democracy in Crisis: Civic Learning and the Reconstruction of Common Purpose, which grew out of a project supported by the John S. and James L. Knight Foundation. This multiauthored report offers wide‐ranging assessments of increasing polarization and partisanship in American government and politics, and it proposes constructive responses to this in the provision of objective information, institutional reforms in government and the electoral system, and a reexamination of cultural and (...) political values needed if democracy is to function well in a pluralistic and diverse society. The essays in the special report explore the norms of civic learning and institutions, social movements, and communal innovations that can revitalize civic learning in practice. This introductory essay defines and explains the notion of civic learning, which is a lynchpin connecting many of the essays in the report. Civic learning pertains to the ways in which citizens learn about collective social problems and make decisions about them that reflect the duties and responsibilities of citizenship. Such learning can occur in many social settings in everyday life, and it can also be facilitated through participation in the processes of democratic governance on many levels. Civic learning is not doctrinaire and is compatible with a range of public goals and policies. It is an activity that increases what might be called the democratic capability of a people. (shrink)

This article explores the interface between public deliberation and interest politics. It empirically examines how and when actors with vested interests support and oppose processes of direct citizen deliberation, such as citizens’ juries. An analysis of four cases finds that interest groups and activists respond to citizen deliberation in a variety of ways from cooperative engagement to disruptive disengagement. The research suggests that partisan actors are most likely to support citizens’ forums when the ideational and political context offers instrumental reasons (...) to go public. The article explores what this strategic approach to public deliberation implies for the practice and theory of deliberative democracy. (shrink)