In recent years the view that the non-instrumental value of democracy is a relational value, particularly relational equality, gained prominence. In this paper I challenge this relational egalitarian version of non-instrumentalism about democracy’s value by arguing that it is unable to establish a strong enough commitment to democracy. I offer an alternative view according to which democracy is non-instrumentally valuable for it establishes relationships of mutual service among citizens by enlisting them in the collective project of ruling the polity justly (...) together which is a self-standing source of value for them. Relating in the mode of mutual service is not a species of relating as equals; it is a distinct relational value. Democracy is uniquely suited to realize this relational value, for it renders citizens co-authors of the fundamental rules of the system of social cooperation under which they live, and only as co-authors of these rules are they able to mutually serve each other in a way that is appropriate within their relationship as citizens of the same polity. For this reason, a strong commitment to democracy can be based on the relational value of mutual service, which therefore better fits the theoretical purposes of non-instrumentalism than relational equality. (shrink)

The public sphere should be regulated so the distribution of political speech does not correlate with the distribution of income or wealth. A public sphere where people can fund any political speech from their private holdings is epistemically defective. The argument has four steps. First, if political speech is unregulated, the rich predictably contribute a disproportionate share. Second, wealth tends to correlate with substantive political perspectives. Third, greater quantities of speech by the rich can “drown out” the speech of the (...) poor, because of citizens’ limited attention span for politics. Finally, the normative problem with all this is that it reduces the diversity of arguments and evidence citizens become familiar with, reducing the quality of their political knowledge. The clearest implication of the argument is in favour of strict contribution limits and/or public funding for formal political campaigns, but it also has implications for more informal aspects of the public sphere. (shrink)

The “question of reasonable compliance” concerns how business firms should comply with morally reasonable laws that have been democratically enacted. This article argues that, out of respect for the governing authority of democratic citizens, firms should comply with the law in accordance with legislators’ normative expectations of compliance. It defends this view against arguments from the legal, economic and business ethics literatures that focus on the contentious nature of democracy and the competitive nature of the market. In response this article (...) argues that these adversarial features of democracy and capitalism do not limit the ability of democratic legislatures to set normative expectations of market actors, nor the duty of firms to comply with them. (shrink)

In Partisanship and Political Liberalism in Diverse Societies I examine political parties and partisanship within the context of John Rawls’s theory of political liberalism. I argue that parties and partisanship are vital to Rawls’s political liberalism, since they offer a distinctive and crucial contribution to the process of public justification that is central to it, which combines the articulation of public reasons with the channelling into the public political realm of the particular values and conceptions of the good emerging from (...) parties’ specific constituencies. Furthermore, I argue, partisanship generates a special kind of political obligations, and this further contributes to state legitimacy under conditions of reasonable pluralism. In this paper, I respond to three commentators who have raised important criticisms against my argument. More specifically, Section 1 provides a response to Lea Ypi’s argument that my normative account of partisanship wrongly presupposes that existing liberal societies are reasonably just. Section 2 answers Daniel Weinstock’s concerns regarding the plausibility and internal consistency of my account of partisan political obligations. Finally, Section 3 addresses Kevin Vallier’s criticisms, which challenge my account of public reason and propose an alternative one. (shrink)

Dissatisfaction with democratic institutions has run high in recent years. Perhaps as a result, political theorists have begun to turn their attention to possible alternative modes of political dec...

Recent political developments cast doubt on the wisdom of democratic decision-making. Brexit, the Colombian people's (initial) rejection of peace with the FARC, and the election of Donald Trump suggest that the time is right to explore alternatives to democracy. In this essay, I describe and defend the epistocratic system of government which is, given current theoretical and empirical knowledge, most likely to produce optimal political outcomes—or at least better outcomes than democracy produces. To wit, we should expand the suffrage as (...) wide as possible and weight citizens’ votes in accordance with their competence. As it turns out, the optimal system is closely related to J. S. Mill's plural voting proposal. I also explain how voters’ competences can be precisely determined, without reference to an objective standard of correctness and without generating invidious comparisons between voters. (shrink)

In this paper, Bronwyn Hayward, a New Zealander, explores Iris Marion Young's argument for decentered deliberation in the context of climate change debate in the South Pacific. Young's criticisms of a centered approach to local planning are examined. Hayward supports Young's argument for decentered deliberation and her concept of ‘linkage’ as a criterion of good decentered democracy. Local forums are identified as essential sites of struggle against injustice. Decentered democracy is strengthened when multiple linkages connect heal forums across time and (...) space. (shrink)

The question of whether or not a closed border entry policy under the unilateral control of a democratic state is legitimate cannot be settled until we first know to whom the justification of a regime of control is owed. According to the state sovereignty view, the control of entry policy, including of movement, immigration, and naturalization, ought to be under the unilateral discretion of the state itself: justification for entry policy is owed solely to members. This position, however, is inconsistent (...) with the democratic theory of popular sovereignty. Anyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries. Because the demos of democratic theory is in principle unbounded, the regime of boundary control must be democratically justified to foreigners as well as to citizens, in political institutions in which both foreigners and citizens can participate. (shrink)

I demonstrate that a set of well-known objections defeat John Stuart Mill’s plural voting proposal, but do not defeat plural voting as such. I adopt the following as a working definition of political equality: a voting system is egalitarian if and only if departures from a baseline of equally weighted votes are normatively permissible. I develop an alternative proposal, called procedural plural voting, which allocates plural votes procedurally, via the free choices of the electorate, rather than according to a substantive (...) standard of competence. The alternative avoids standards objections to Mill’s proposal. Moreover, reflection on the alternative plural voting scheme disrupts our intuitions about what counts as an egalitarian voting system. Undue emphasis on Mill’s version of plural voting obscures three important reasons to reject plural voting in favor of strictly egalitarian voting systems: that certain choices that generate inequalities of political power are morally impermissible; that even... (shrink)

In Citizens United v. Federal Election Commission , the US Supreme Court sharply curtailed the ability of the state to limit political speech by for-profit corporations. This new legal situation elevates the question of corporate political involvement: in what manner and to what extent is it ethical for for-profit corporations to participate in the political process in a liberal democratic society? Using Scanlon’s version of contractualism, I argue for a number of substantive and procedural constraints on the political activities of (...) businesses. Central to this contractualist analysis is an identification of the self-governance-based interests of individuals that are affected by corporate political activity and a method for judging the various assignments of social rights, duties and roles according to how they collectively meet those interests. Together, these two features make this contractualist approach distinctive and allow it to generate substantive ethical results. (shrink)

Until relatively recently, few democrats had much to say about the constitution of the ‘demos' that ought to rule. A number of recent writers have, however, argued that all those whose interests are affected must be enfranchised if decision-making is to be fully democratic. This article criticizes this approach, arguing that it misunderstands democracy. Democratic procedures are about the agency of the people so only agents can be enfranchised, yet not all bearers of interests are also agents. If we focus (...) on agency, rather than who is affected, then this leads us to focus on the permissible limits of action, rather than who makes the decision. Just as individual sovereignty is ordinarily limited by the requirement not to injure others, we may apply similar restrictions to what a demos can permissibly do. Thus, any collection of individuals may choose to regulate their affairs collectively for mutual benefit, but should be prohibited from imposing negative externalities on outsiders. On this view, the constitution or definition of the demos is arbitrary, from the democratic point of view. Moreover, democracy does not require the expansion of the franchise, unless injuries cannot be avoided. (shrink)

The basic question I want to ask is: can the exercise of private property rights abridge fundamental norms of democratic decision-making? And, under what conditions can it do so? To the extent that we view democratic decision making as required by justice, the issue is whether there is a deep tension between certain ways of exercising the rights of private property and that part of social justice that is characterized by democracy. To the extent that this tension holds, I will (...) argue that commitment to democratic norms implies that private capitalist firms must cooperate with a democratic assembly and government in the pursuit of the aims of a democratic assembly even when this implies some diminution of the profits of the firms. The cooperation I have in mind goes beyond the norm of faithful compliance with the law. To be sure, there are limits to this requirement as we will see in the later part of the paper. To the extent that private capitalist firms fail to do this and partially undermine the pursuit of the aims of a democratic assembly, they act in a way that is incompatible with fundamental norms of democratic governance. (shrink)

In this paper, I argue that on an equality-based theory of democracy's value, randomly selecting legislators is more democratic than electing them. In sections 1 and 2, I describe how a legislature composed of randomly selected legislators might operate and what an equality-based theory of democracy's value consists in. In section 3, I evaluate arguments made in support of election-based democracy by democratic theorists and demonstrate why these arguments fail on their own terms. In section 4, I argue that when (...) compared to electing legislators, randomly selecting legislators better answers to four democratic ideals embedded in equality-based theories of democracy's value. (shrink)

This paper addresses the debate surrounding epistocracy. While many discussions of epistocracy focus on its instrumental defenses, this paper aims to critically examine the non-instrumental jury argument offered by Jason Brennan. Brennan’s argument equates the rights of individuals in political decisions to their rights in jury decisions, asserting that just as individuals have a right to a competent jury, they likewise have a right to a competent electorate. We disagree. By juxtaposing the costs of enforcing such rights and the severity (...) of the harm prevented by their enforcement, this paper argues in favor of maintaining the right to a competent jury while denying the existence of a right to a competent electorate. The central claim is that while securing a competent jury is feasible and vital, attempting to secure a competent electorate poses significant challenges and may prevent less significant harm than perceived. (shrink)

Immanuel Kant was possibly both the most influential racist and the most influential moral philosopher of modern, Western thought. So far, authors have either interpreted Kant as an “inconsistent egalitarian” or as a “consistent inegalitarian.” On the former view, Kant failed to draw the necessary conclusions about persons from his own moral philosophy; on the latter view, Kant did not consider non‐White people as persons at all. However, both standard interpretations face significant textual difficulties; instead, I argue that Kant's moral (...) egalitarianism is so thin as to remain almost entirely useless as an antidote to racism. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 122-164, May 2022. I argue that the consensus view that one must never level down to equality gives rise to a dilemma. This dilemma is best understood by examining two parallel cases of leveling down: one drawn from the economic domain, the other from the political. In the economic case, both egalitarians and non-egalitarians have resisted the idea of leveling down wages to equality. With no incentives for some people to work (...) hard social productivity will likely decline, further lowering people's wages and thus leaving everybody all-things-considered worse off as a result—hence “never level down.” On the other hand, however, the argument against leveling down does not appear to pass muster in the political sphere: denying political equality in the form of “one person, one vote”, for example, by giving a higher share of voting power to people with, say, more education seems straightforwardly objectionable, even if such a voting scheme would improve the outcomes of all people, including those who are ultimately left with fewer votes. Thus, a fundamental tension arises: we can either endorse the widely-affirmed “never-level-down” thesis, which says that sacrificing people's well-being exclusively for the sake of promoting equality can never be the right thing to do, or we can endorse the principle of “one person, one vote.” But we cannot do both. I defend this dilemma against a view I call the compatibility view: roughly, that because OPOV is strictly necessary to advance some weighty, non-egalitarian interest people have, accepting OPOV as a principle of justice is compatible with one's rejection of leveling down. (shrink)

Deliberative democracy entails a commitment to deciding political questions on their merits. To that end, people engage in an exchange of reasons in a shared endeavour to arrive at the right answer or the best judgement they can make in the circumstances. Of course, in practice a shared judgement may be impossible to reach. Yet while compromise may seem a natural way of dealing with the disagreement that deliberation leaves unresolved – for example, some deliberative theorists argue that a willingness (...) to compromise manifests respect for the considered views of others, even as we continue to disagree with them – the relationship between deliberation and compromise is not as straightforward as one might think. To explain why, this paper contrasts conflicts of judgement with conflicts of preference, interest and value to show why greater attention needs to be paid to the character of the decision to be made. (shrink)

This paper analyses the possibility of granting legitimacy to democratic decisionmaking procedures in a context of deep pluralism. We defend a multidimensional account according to which a legitimate system needs to grant, on the one hand, that citizens should be included on an equal footing and acknowledged as reflexive political agents rather than mere beneficiaries of policies, and, on the other hand, that their decisions have an epistemic quality. While Estlund’s account of imperfect epistemic proceduralism might seem to embody a (...) dualistic conception of democratic legitimacy, we point out that it is not able to recognize citizens as reflexive political agents and is grounded in an idealized model of the circumstances of deliberation. To overcome these ambiguities, we develop an account of democratic legitimacy according to which disagreement is the proper expression of citizens’ reflexive agency and the attribution of epistemic authority does not stem from a major expertise or specific ability, but it comes through the public confrontation among disagreeing agents. Consequently, the epistemic value of deliberation should be derived from the reasons-giving process rather than from the reference to the alleged quality of its outcomes. In this way, we demonstrate the validity of the multidimensional perspective of legitimacy, yet abstain from introducing any outcome-oriented criterion. Finally, we argue that this account of legitimacy is well suited for modeling deliberative democracy as a decision-making procedure that respects the agency of every citizen and grants her opportunity to influence public choices. (shrink)

After the cessation of conflict the majority of those involved in violations of international law will not be held criminally accountable. Rather, it is frequently the case that the bulk of perpetrators receive amnesty. Often, consequentialist considerations weigh heavily on the decision to grant amnesty. For instance, amnesties may be offered in order to generate aggregate security benefits in volatile post-conflict settings. My contention is that states cannot morally justify amnesties by appealing solely to the aggregate benefits they are expected (...) to deliver. The moral objection concerns the distribution of associated costs, where such costs include the risk of re-offense that amnesty generates. Importantly, these costs may be unevenly imposed onto the society. This means that certain citizens will expect to bear individual losses greater than any gains the amnesty can deliver to them. Those placed at a net-disadvantage can object that amnesties are morally unjustifiable: they impose unreasonable burdens on them in order to secure benefits for others. However, as amnesties are often vital to achieve peace there remain strong pragmatic reasons to favour limited prosecutions. Given these concerns it is necessary to justify the differential imposition of cost associated with amnesties. I argue that ex ante contractualism, as a theory of moral justification, is well-suited to this task. According to this framework amnesties are justified only if no individual could reasonably reject the associated burdens. By developing a non-aggregative justification of amnesty this account offers a novel approach to the design and implementation of post-conflict prosecutorial strategies. (shrink)

ABSTRACT: There is general agreement amongst those involved in the normative discussion about geoengineering that if we are to move forward with significant research, development, and certainly any future deployment, legitimate governance is a must. However, while we agree that the abstract concept of legitimacy ought to guide geoengineering governance, agreement surrounding the appropriate conception of legitimacy has yet to emerge. Relying upon Allen Buchanan’s metacoordination view of institutional legitimacy, this paper puts forward a conception of legitimacy appropriate for geoengineering (...) governance, outlining five normative criteria an institution ought to fulfill if it is to justifiably coordinate our action around geoengineering. (shrink)

The deliberative model of democracy, as presented by Jürgen Habermas and others, claims to reconstruct the normative content of the idea of democracy. However, since it overemphasises the epistemic facet of decision‐making, the model is unable to take into account other valuable aspects of democracy. This is shown in reference to two concrete phenomena from political reality: majority voting and the problem of the dissenter. In each case, the deliberative model inevitably fails to account for several normatively desirable features of (...) democracy, such as formal political equality and proper respect for the judgement of each citizen. (shrink)

Would randomly selecting legislators be more democratic than electing them? Lottocrats argue (reasonably) that contemporary regimes are not very democratic and (more questionably) that replacing elections with sortition would mitigate elite capture and improve political decisions. I argue that a lottocracy would, in fact, be likely to perform worse on these metrics than a system of representation that appoints at least some legislators using election – a psephocracy (from psēphizein, to vote). Even today's actually existing psephocracies, which are far from (...) ideally democratic, are better suited than a lottocracy would be to meet the demands of democratic citizenship (politics must be legible to ordinary people, who must have low-cost opportunities to participate) and the demands of democratic leadership (powerful representatives should be specialized and constrained by competitions for popular support). Democrats therefore have weighty instrumental reasons to reject lottocracy and work to democratize psephocracy, instead. (shrink)

(OPEN ACCESS) In this paper, I criticize two views on how political equality is related to equally distributed political power, and I offer a novel, pluralist account of political equality to address their shortcomings—in particular, concerning their implications for affirmative action in the political domain, political representation, and the situation of permanent minorities. The Equal Power View holds that political equality requires equally distributed political power. It considers affirmative action—e.g., racial or gender electoral quotas—, representation, and more-than-equal power to permanent (...) minorities pro tanto objectionable. The Equal Status View, in contrast, holds that political equality concerns equal relations and status, and it is only contingently related to equally distributed power. I argue that while the Equal Status View is right that equal power can be insufficient for—or even objectionable from the viewpoint of—political equality, it is wrong to conclude that equal power has no independent significance in an account of political equality. My pluralist account shows that political equality entails not only status-based requirements but also independent egalitarian requirements to distribute political power equally. This account provides a finer-grained understanding of affirmative action in the political domain. It justifies affirmative action but holds that it should only be used to realize equal political status until thorough-going social reform allows us to maintain both equal political status and equally distributed political power at the same time. Similarly, representation should be amended with power-balancing institutions, and permanent minorities should enjoy equal status with minimal compromise to power equality. (shrink)

Democratic legitimacy is often grounded in proceduralist terms, referring to the ideal of political equality that should be mirrored by fair procedures of decision-making. The paper argues (§1) that the normative commitments embedded in a non-minimalist account of procedural legitimacy are well expressed by the ideal of co-authorship. Against this background, the main goal of the paper is to argue that structural forms of epistemic injustice are detrimental to the overall legitimacy of democratic systems. In §2 I analyse Young’s notion (...) of political powerlessness and claim that in structurally unjust social contexts members of powerless groups often are not properly acknowledged as functioning members of the polity, hence being jeopardized in their ability to develop part of their personal identity. In §III, I define gerrymandering as an example of political disempowerment that involves an epistemic harm for oppressed citizens, namely, to be prejudicially excluded from the community of epistemic trust. My thesis is that being epistemically disempowered has a negative impact on the way in which citizens understand themselves as political actors, since they suffer a lack of social recognition that may impede a proper development of their reflexive agency. In §IV, I discuss the proposal of granting epistemic privilege to members of oppressed groups, given their specific experience of social injustices. I introduce two concerns about this proposal, one morally grounded and one pragmatically oriented. Finally, in §V, I briefly sketch some institutional remedies that can be employed in order to politically fight systemic forms of epistemic injustice. (shrink)

ABSTRACTThe idea that the crowd could ever be intelligent is a counterintuitive one. Our modern, Western faith in experts and bureaucracies is rooted in the notion that political competence is the purview of the select few. Here, as in my book Democratic Reason, I defend the opposite view: that the diverse many are often smarter than a group of select elites because of the different cognitive tools, perspectives, heuristics, and knowledge they bring to political problem solving and prediction. In this (...) essay I defend my epistemic argument against proceduralist democrats; the value of model thinking against empiricists; the bracketing of fundamental value diversity against critics who see such diversity as an essential feature of politics; the intelligence of the masses in the face of voter ignorance and systematic biases; and the normative priority of democracy over market mechanisms. I also consider challenges to my use of Hong and Page's formal results, the epistemically proper selection method for representatives, and the role of deliberation in problem solving. I finally chart three avenues for further research. (shrink)

Much discussion of the ethics of participation focuses on electoral participation and whether citizens are obligated or can be coerced to vote. Yet these debates have ignored that citizens must first pay attention to politics and make up their minds about where they stand before they can engage in any form of participation. This article considers the importance for liberal democracy of citizens paying attention to politics, or attentive citizenship. It argues that the democratic state has an obligation to cultivate (...) interest in politics and that this obligation authorizes means up to and including some forms of coercion. The argument is that when citizens are inattentive to politics, it undermines political equality and social justice because it undermines what John Rawls called the fair value of the political liberties. The importance of these ends for liberal democratic states requires them to take steps to promote attentive citizenship. (shrink)

According to Palazzo and Scherer, the changing role of business corporations in society requires that we take new measures to integrate these organizations into society-wide processes of democratic governance. We argue that their model of integration has a fundamental problem. Instead of treating business corporations as agents that must be held accountable to the democratic reasoning of affected parties, it treats corporations as agents who can hold others accountable. In our terminology, it treats business corporations as “supervising authorities” rather than (...) “functionaries.” The result is that Palazzo and Scherer’s model does not actually address the democratic deficit that it is meant to solve. In order to fix the problem, we advocate removing business corporations from any policymaking role in political CSR and limiting participation to political NGOs and other groups that meet the standards we set out for a politically representative organization (PRO). (shrink)

In Equal Recognition, Alan Patten argues that in a proper relationship between normative political theory and democratic politics, we must make a clear distinction between two questions related to cultural rights: (a) authority (who should decide?) and (b) the substance of deliberation. The question he wants to explore, however, is not the authority question but the substantive question. The aim of this article is to show that an account of equal recognition cannot bracket out the democratic element. It argues, first, (...) that Equal Recognition does not live up to its initial promise, as it contains a number of reflections and recommendations (on language rights, on secession, on the rights of migrants’ cultures) that either explicitly or implicitly include the democratic element. Second, it points at other important areas of political decision-making – such as electoral system design, districting, referendums, quotas – in which it is quite clear that in order to extend equal recognition to minority cultures, we are obliged to take decisions related to the design of democratic institutions. (shrink)

. References. Critical Review: Vol. 18, Democratic Competence, pp. 331-360.

Many democracies use geographic constituencies to elect some or all of their legislators. Furthermore, many people regard this as desirable in a noncomparative sense, thinking that local constituencies are not necessarily superior to other schemes but are nevertheless attractive when considered on their own merits. Yet, this position of noncomparative constituency localism is now under philosophical pressure as local constituencies have recently attracted severe criticism. This article examines how damaging this recent criticism is, and argues that within limits, noncomparative constituency (...) localism remains philosophically tenable despite the criticisms. The article shows that noncomparative constituency localism is compelling in the first place because geographic constituencies foster partisan voter mobilisation, and practices of constituency service help to sustain deliberation among constituents and within the legislature and promote the realisation of equal opportunity for political influence. The article further argues that it is unwarranted to criticise geographic constituencies for being biased against geographically dispersed voter groups, for causing vote-seat disproportionality, and for being vulnerable to gerrymandering. The article also discusses the criticisms that local constituencies may pose risks of inefficiency and injustice in resource allocation decisions, may lead legislators to neglect the common good, and may limit citizens’ control over the political agenda. Whilst conceding that these objections may be valid, the article argues that they do not outweigh the diverse and normatively weighty considerations speaking in favour of noncomparative constituency localism. Finally, the article’s analysis is defended against several variants of the charge that it exaggerates the benefits of geographic constituencies. (shrink)

The distinction between equality and sufficiency, much discussed in the distributive justice literature, is here applied to democratic theory. Overlooking this distinction can have significant normative implications, undermining some defences and criticisms of political equality, as I show by discussing the work of three prominent democratic theorists: Thomas Christiano, David Estlund, and Mark Warren. Most importantly, Christiano sometimes defends egalitarian conclusions using sufficientarian premises, or worries about inequality in situations where insufficiency is also part of the problem; inequality above the (...) level of sufficiency is not always as troubling. Estlund makes the reverse error. He attacks rather than defends political egalitarianism, but insufficiency seems to explain some of his concerns. Nonetheless, I show that political egalitarians may need to specify a sufficientarian threshold, to avoid levelling-down objections. Democratic theorists should thus take seriously the distinction between political equality and political sufficiency. More generally, political theorists and philosophers should be aware of omitted variable bias and interaction effects due to conceptual stretching arising from under-theorised distinctions in their thought experiments. (shrink)

This article examines the way that for-profit businesses should take into account the interests of the citizens in the liberal democratic societies in which they operate. I will show how a contractualist version of stakeholder theory identifies the relevant moral interests of both shareholders and citizen stakeholders, and provides a method for giving their interests appropriate consideration. These include (1) the interests that individuals have with respect to private property, (2) the interests citizens have in receiving equitable consideration in the (...) political process, and (3) citizens' interests which give them the collective right to determine the legal and economic structure of their societies. Using this contractualist analysis, I argue that corporations should consciously take into account the interests of citizen stakeholders when there is no other social mechanism for protecting their interests as citizens. (shrink)