Recent years have witnessed growing controversy over the “wisdom of the multitude.” As epistemic critics drawing on vast empirical evidence have cast doubt on the political competence of ordinary citizens, epistemic democrats have offered a defense of democracy grounded largely in analogies and formal results. So far, I argue, the critics have been more convincing. Nevertheless, democracy can be defended on instrumental grounds, and this article demonstrates an alternative approach. Instead of implausibly upholding the epistemic reliability of average voters, I (...) observe that competitive elections, universal suffrage, and discretionary state power disable certain potent mechanisms of elite entrenchment. By reserving particular forms of power for the multitude of ordinary citizens, they make democratic states more resistant to dangerous forms of capture than non-democratic alternatives. My approach thus offers a robust defense of electoral democracy, yet cautions against expecting too much from it—motivating a thicker conception of democracy, writ large. (shrink)

What justifies political power? Most philosophers argue that consent or democracy are important, in other words, it matters how power is exercised. But this book argues that outcomes primarily matter to justifying power.

Social or relational egalitarians try to defend democracy non-instrumentally as a constitutive element of a society where no one stands as inferior or superior to anyone else. However, they face an instrumentalist challenge from within: Why not uphold a non-democratic regime if it outperforms democracy in protecting or promoting egalitarian social relations, for example, by stably producing substantive political decisions that guard against social hierarchies? This article explores the best response to this challenge from the social egalitarian non-instrumentalist standpoint. It (...) argues that the instrumentalist challenge can be accommodated without abandoning the essential non-instrumentalist commitment to democracy; while a nondemocratic regime may be justified under less-than-ideal circumstances as a contingently effective means to realize more social equality, democracy can nevertheless be viewed as a necessary condition for the realization of full social equality. (shrink)

Disagreement among philosophers over the proper justification for political institutions is far from a new phenomenon. Thus, it should not come as a surprise that there is substantial room for dissent on this matter within democratic theory. As is well known, instrumentalism and proceduralism represent the two primary viewpoints that democrats can adopt to vindicate democratic legitimacy. While the former notoriously derives the value of democracy from its outcomes, the latter claims that a democratic decision-making process is inherently valuable. This (...) article has two aims. First, it introduces three variables with which we can thoroughly categorise the aforementioned approaches. Second, it argues that the more promising version of proceduralism is extrinsic, rather than intrinsic, and that extrinsically procedural accounts can appeal to other values in the justification of democracy without translating into instrumentalism. This article is organised as follows. I present what I consider to be the ‘implicit view’ in the justification of democracy. Then, I analyse each of the three variables in a different section. Finally, I raise an objection against procedural views grounded in relational equality, which cannot account for the idea that democracy is a necessary condition for political legitimacy. (shrink)

‘Epistocracy’ is the name of a type of political power structure in which the power is held by the knowledgable—for example, by restricting the right to vote to those who can demonstrate sufficient knowledge. Though Plato and Mill defended epistocratic views, it has found few contemporary advocates. In a recent book, however, Jason Brennan argues that epistocratic power structures are capable of outperforming democratic ones. His argument is two-pronged: first, he argues that democratic procedures with universal suffrage allow poorly-informed voters (...) to pollute the electorate, and that doing so has negative policy-related consequences that are easily avoidable. Second, he argues that voting does not possess any non-intrinsic value, and so restricting suffrage to the educated does not result in a loss of status or standing for less well-educated persons in any meaningful way. I argue that epistocratic techniques are impossible to implement fairly, and represent an ineffective solution for the problems they are designed to solve. On these bases, I recommend rejecting it. (shrink)

Political instrumentalism claims that the right to rule should be distributed such that justice is promoted best. Building on a distinction made by consequentialists in moral philosophy, I argue that instrumentalists should distinguish two levels of normative thinking about legitimacy, the critical and applied level. An indirect instrumentalism which acknowledges this distinction has significant advantages over simpler forms of instrumentalism that do not.

What is the moral value of formal democratic decision-making? Egalitarian accounts of democracy provide a powerful answer to this question. They present formal democratic procedures as a way for a society of equals to arrive at collective decisions in a transparent and mutually acceptable manner. More specifically, such procedures ensure and publicly affirm that all members of a political community, in their capacity as autonomous actors, are treated as equals who are able and have a right to participate in collective (...) decision-making. Recently, a number of authors have raised what I describe as the ‘no impact’ objection. This objection focuses on the egalitarian emphasis on autonomy to cast doubt on the moral value of formal democratic procedures. It holds that individual participation in formal democratic decision-making has no impact on the eventual result, and therefore cannot be understood as an exercise in autonomy. Consequently, the ‘no impact’ objection claims that the moral value of formal democracy cannot be explained with reference to an egalitarian ideal of ‘rule by the people’. In this article, I refute this objection by complementing an egalitarian account of democracy with an account of basic autonomy. (shrink)

Whilst legitimacy is often thought to concern the processes through which coercive decisions are made in society, justice has been standardly viewed as a ‘substantial’ matter concerning the moral justification of the terms of social cooperation. Accordingly, theorization about procedures may seem appropriate for the former but not for the latter. To defend proceduralism as a relevant approach to justice, I distinguish three questions: (1) Who is entitled to exercise coercive power? (2) On what terms should the participants to a (...) scheme of cooperation interact? (3) How should the costs and benefits produced by cooperation be distributed? Legitimacy concerns (1), whereas justice applies to (2) and (3). Although the appropriateness of proceduralism is debatable in relation to (3), it seems well equipped to address the justice-related question in (2). And it does so by focusing on the inherent moral acceptability of the way in which persons are treated by the procedures through which they interact. (shrink)

Abstract:The central problems of political philosophy (e.g., legitimate authority, distributive justice) mirror the central problems of business ethics. The question naturally arises: should political theories be applied to problems in business ethics? If a version of egalitarianism is the correct theory of justice for states, for example, does it follow that it is the correct theory of justice for businesses? If states should be democratically governed by their citizens, should businesses be democratically managed by their employees? Most theorists who have (...) considered these questions, including John Rawls inPolitical Liberalism, and Robert Phillips and Joshua Margolis in a 1999 article, have said “no.” They claim that states and businesses are different kinds of entities, and hence require different theories of justice. I challenge this claim. While businesses differ from states, the difference is one of degree, not one of kind. Business ethics has much to learn from political philosophy. (shrink)

Why should one person obey another? Why (to ask the question from the first-person perspective) ought I to submit to another and follow her judgment rather than my own? In modern political thought, which denies that some are born rulers and others are born to be ruled, the most prominent answer has been: “Because I have consented to her authority.” By making authority conditional on the subjects’ consent, political philosophers have sought to reconcile authority’s hierarchical structure with the equal moral (...) standing of governor and governed. Yet such consent accounts of authority have long been deemed problematic on a number of grounds, not the least of which is that few citizens have given their consent to the state under whose laws they live. So unless we are willing to deny the state’s authority over those who have not consented, or revert to the pre-modern assumption of a natural political hierarchy, we must find another way of reconciling authority with our standing as free and equal moral agents. In recent political and legal philosophy, the most influential solution to this problem has been Joseph Raz’s service conception of authority, according to which legitimate authority, while it does not require the consent of the governed, must exist for their sake, or serve them. The normal way to justify someone’s authority, on the service conception, is to show that, by treating her directives as binding, the subjects are likely better to conform to reasons that apply to them anyway. The service conception has, however, recently been criticized (by, among others, Thomas Christiano, Scott Hershovitz, and Jeremy Waldron) for being insufficiently attuned to the significance that procedural, and in particular democratic, features of political and legal institutions have for the justification of their authority. If these ‘democratic critics’ are right, then two commitments that many in the liberal-democratic tradition may find independently attractive turn out to be in tension: the liberal idea that authority is normally legitimate only insofar as it serves its subjects, and the democratic idea that legitimate authority can (and regularly does) rest on fair procedures. In this article I argue that the critics’ arguments rest on a misunderstanding of the service conception; yet their worries point the way to an under-appreciated and interesting view of democracy as an authoritative arbitration procedure. After introducing the service conception’s view of justified authority, I briefly distinguish a broad and a narrow interpretation of it, and suggest that we should embrace the latter to make sense of the idea that political authority serves its subjects (Section I). Next I turn to the objection raised by the democratic critics: the service conception, they say, cannot make room for the intrinsic fairness of democratic procedures because it is preoccupied with the quality of outcomes (Section II). But, I argue, the objection rests on an illicit identification of two different kinds of outcomes: the outcome of the decision-making procedure on the one hand, the outcome or result of treating that first outcome as authoritative on the other. Distinguishing between these is crucial for an adequate understanding of democracy’s authority. While the service conception is indeed organized around the latter, this does not commit it to an exclusive concern with the former; yet it is a singular commitment to the former that is problematic from a democratic point of view (Section III). To bring home this point, I sketch a model of authority as arbitration that is frequently overlooked in recent discussions of authority even though it is centrally concerned with procedural (and ultimately democratic) values and fits squarely into the service conception of authority (Section IV). (shrink)

The justification of democracy, while widely debated, is hindered by a sub-optimal conceptual framework. For a start, there is confusion about the basic terms in the discussion. Many theorists claim to support either the ‘intrinsic’ or the ‘instrumental’ value of democracy, but it is unclear what this exactly means. Can democracy have other kinds of values? What does it mean to value democracy intrinsically? As a result, at certain points, scholars are talking past one another and their assessments of their (...) respective approaches to democracy are less clear than what they intended. This paper develops a conceptual framework of the values of democracy. I use this framework to classify theories of democracy under three main groups: theories that value democracy intrinsically, instrumentally, or contributorily (necessarily and non-necessarily). Through this analysis, the points of engagement among the different approaches will emerge and flawed arguments about democracy will be revealed. (shrink)

How can one person’s having political power over another be justified? This essay explores the idea that such justifications must be in an important sense derivative, and that this ‘Derivative Justification Constraint’ bars certain justifications widely endorsed in political and philosophical debates. After critically discussing the most prominent extant articulations of the Constraint (associated with a view often called ‘political instrumentalism’), the essay offers a novel account of what precisely the Constraint bars (in short: justification by appeal to non-derivative goods (...) that include among their elements one person’s ruling over another), what motivates it (in a nutshell: a deeply non-instrumental concern for each person’s moral independence), and what it entails for how we may justify democratic political arrangements in particular. (shrink)

The literature on democracy and disagreement has argued that the principle of respect for judgement requires that disagreement within democracy is resolved by a democratic decision. This paper raises the question what the principle of respect for judgement requires when there is disagreement on democratic inclusion. The paper argues that not all, but some, disagreements on democratic inclusion must be resolved by a democratic decision. Three reasons for when it need not are distinguished, issue-related reasons, people-related reasons, and judgement-related reasons. (...) When parties disagree on democratic inclusion because they disagree on basic principles, the disagreement need not be resolved by a democratic decision, for issue-related or for people-related reasons. When, instead, parties disagree on democratic inclusion despite agreeing on basic principles, the disagreement must be resolved by a democratic decision if the judgements of the disagreeing parties are reasonable. (shrink)

In recent years a powerful case has been made in defence of a system of global governance in which supra-state institutions are accountable directly to the citizens of the world. This political vision- calling for what is commonly termed a ‘cosmopolitan democracy‘- has been defended with considerable imagination by thinkers such as Daniele Archibugi, Richard Falk, David Held, and Tony McGrew. At the same time, a number of powerful arguments have been developed in favour of cosmopolitan principles of distributive justice. (...) Philosophers such as Brian Barry, Charles Beitz, Onora O'Neill, Thomas Pogge, Henry Shue, and Peter Singer have developed formidable arguments against wholly local theories of distributive justice and have argued for cosmopolitan conceptions of distributive justice. (shrink)

Democracy can be a means to independently valuable ends and/or it can be intrinsically (or non-instrumentally) valuable. One powerful non-instrumental defence of democracy is based on the idea that only it can publicly justify political authority. I contend that this is an argument about the reasonable acceptability of political authority and about the requirements of publicity and that satisfying these requirements has nothing to do with whether a society is democratic or not. Democracy, then, plays no role in publicly justifying (...) political authority. I also show that any non-instrumental defence of democracy must make claims about what justice requires and make several further claims that require substantial justification. (shrink)

In this paper, I aim to establish that, according to almost all democratic theories, instrumentalist considerations often dominate intrinsic proceduralist considerations in our decisions about whether to make extensive use of undemocratic procedures. The reason for this is that almost all democratic theorists, including philosophers commonly thought to be intrinsic proceduralists, accept ‘High Stakes Instrumentalism’. According to HSI, we ought to use undemocratic procedures in order to prevent high stakes errors - very substantively bad or unjust outcomes. However, democratically produced (...) severe substantive injustice is much more common than many proponents of HSI have realised. Proponents of HSI must accept that if undemocratic procedures are the only way to avoid these high stakes errors, then we ought to make extensive use of undemocratic procedures. Consequently, according to almost all democratic theorists, democratic theory ought, for practical purposes, to be reoriented towards difficult moral and empirical questions about the instrumental quality of procedures. Moreover, this is potentially very practically important because if there are available instrumentally superior undemocratic procedures, then wholesale institutional reform is required. This is one of the most potentially practically important findings of normative democratic theory. In spite of this, no-one has yet explicitly recognised it. (shrink)

What is wrong with participating in a democratic decision-making process, and then doing something other than the outcome of the decision? It is often thought that collective decision-making entails being prima facie bound to the outcome of that decision, although little analysis has been done on why that is the case. Conventional perspectives are inadequate to explain its wrongness. I offer a new and more robust analysis on the nature of voting: voting when you will accept the outcome only if (...) the decision goes your way is an act of bad faith: you are not taking part in a ‘process that decides what we will do’. This analysis sheds light on understanding the intrinsic nature of voting and what we are doing when we make decisions collectively. (shrink)

Acts of civil disobedience and conscientious objection provide valuable indications of the congruence of political outcomes with citizens’ conceptions of justice and the good. As their primary concern is substantive, their logic seems extraneous to procedural approaches to justice. Accordingly, it has often been argued that these latter condemn citizens to a ‘deaf-and-blind’ acceptance of the outcomes of agreed procedures. A closer analysis of such acts of contestation shall reveal that although, for proceduralism, the outcomes of just procedures cannot be (...) contested as unjust, they may be contested on the ground of values other than justice, such as someone’s religious/ethical allegiances. Proceduralism about justice will be thus shown to be consistent with the commitment to realising certain outcome-oriented values. (shrink)

In recent years a powerful case has been made in defence of a system of global governance in which supra-state institutions are accountable directly to the citizens of the world. This political vision- calling for what is commonly termed a ‘cosmopolitan democracy‘- has been defended with considerable imagination by thinkers such as Daniele Archibugi, Richard Falk, David Held, and Tony McGrew. At the same time, a number of powerful arguments have been developed in favour of cosmopolitan principles of distributive justice. (...) Philosophers such as Brian Barry, Charles Beitz, Onora O'Neill, Thomas Pogge, Henry Shue, and Peter Singer have developed formidable arguments against wholly local theories of distributive justice and have argued for cosmopolitan conceptions of distributive justice. (shrink)

This paper provides an interpretation of the licensing provisions envisaged under the Human Fertilisation and Embryology Act 1990 as a model for a rule and exemption-based procedural strategy for the adjudication of potential ethical controversies, and it offers an account of the liberal-democratic legitimacy of the procedure’s outcomes as well as of the legal procedure itself. Drawing on a novel articulation of the distinction between exceptions and exemptions, the paper argues that such a rule and exemption mechanism, while not devoid (...) of attractions, is not immune from the criticisms often levied against procedural approaches to the management of pluralism: it either has to fall back on substantive justification in ways that are not helpful when trying to arbitrate a moral controversy, or it appears justificatorily groundless. (shrink)