In a recent paper, María Pía Méndez (2022) offers an epistemic critique of epistocracy according to which the sort of politically well-informed but homogenous groups of citizens that would be empowered under epistocracy would lack reliable access to information about the preferences of less informed citizens. Specifically, they would lack access to such citizens’ preferences regarding the form that policies ought to take—that is, how these policies ought to be implemented. Arguing that this so-called Information Gap Problem militates against epistocracy, (...) Méndez instead recommends that we respond to problems created by widespread voter ignorance by improving the flow of information between political actors by adopting some participatory democratic institutions. In this paper I argue that the severity of the Information Gap Problem for epistocracy is overstated. After first sketching some background (Section 1), I argue that it is hard to see why information about citizens’ preferences for the form that policies ought to take is important enough that the expected costs of epistocracy outweigh its expected benefits if it selectively empowers people who lack access to such information (Section 2). Moreover, different forms of epistocracy are less threatened by the Information Gap Problem, assuming it is indeed a problem. For some forms of epistocracy, it may be no problem whatsoever. However, I conclude by suggesting that Méndez touches upon some more serious problems for epistocracy (Section 3). First, even setting aside the Information Gap Problem, there are open questions about the possible epistemic inferiority of epistocracy relative to democracy. Second, more comprehensive accounts of political competence that move beyond the possession of sufficient levels of political information are much harder to reliably test for, thus complicating the task of devising effective epistocratic selection mechanisms. Lastly, epistocracy arguably creates a serious risk of abuse that may outweigh any other benefits it brings. More research is needed to determine how (and whether) epistocrats can respond to such challenges. (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)

Proponents of epistocracy worry that high levels of voter ignorance can harm democracies. To combat such ignorance, they recommend allocating comparatively more political power to more politically knowledgeable citizens. In response, some recent critics of epistocracy contend that epistocratic institutions risk causing even more harm, since much evidence from political psychology indicates that more politically knowledgeable citizens are typically more biased, less open-minded, and more prone to motivated reasoning about political matters than their less knowledgeable counterparts. If so, perhaps epistocratic (...) institutions will perform worse epistemically than corresponding democratic institutions. Call this 'the problem of epistocratic irrationality'. This paper argues that the problem of epistocratic irrationality can be overcome. First, I argue that critics of epistocracy have overlooked several complications regarding the psychological data they claim shows that more knowledgeable citizens are less politically rational. Second, I argue that appropriately designed epistocratic institutions could overcome the problem of epistocratic irrationality even if such critics have interpreted the data correctly. I first explore whether refined selection mechanisms could allow epistocrats to avoid empowering less rational citizens, before assessing the prospects of implementing only those epistocratic institutions with a solid track record of reliable performance. (shrink)

Epistocratic systems of government have received renewed attention, and considerable opposition, in recent political philosophy. Although they vary significantly in form, epistocracies generally reject universal suffrage. But can they maintain the advantages of universal suffrage despite rejecting it? This paper develops an argument for a significant instrumental advantage of universal suffrage: that governments must take into account the interests of all of those enfranchised in their policy decisions or else risk losing power. This is called ‘the Interests Argument’. One problem (...) for the Interests Argument is that governments are not entirely responsive to voter interests, partly because voters do not always know what is in their interests. I will show how this epistemic claim can be used to support certain forms of epistocracy, but deny that it undermines the Interests Argument. I then consider whether we can identify forms of epistocracy that preserve the benefits of the Interests Argument whilst overcoming the epistemic limitations of democracy. I propose six forms of epistocracy, and argue that two are able to maintain these benefits, hence providing an evaluation of the relative strengths of these epistocracies with respect to one of the most valuable instrumental benefits of universal suffrage. Whilst epistocracy lacks many of the advantages of democracy, this paper shows that some forms fare better than others. (shrink)

This paper critiques the All-Subjected Principle. The All-Subjected Principle is one of the most prominent answers to the Boundary Problem, which consists in determining who should be entitled to participate in which democratic decision. The All-Subjected Principle comes in many versions, but the general idea is that all people who are subjected in a relevant sense with regard to a democratic decision should be entitled to participate in that decision. One respect in which versions of the All-Subjected Principle differ concerns (...) how to best understand ‘subjectedness’. One view spells out ‘subjectedness’ in terms of legal bindingness. Another view understands ‘subjectedness’ in terms of coercion. I argue that the All-Subjected Principle is extensionally inadequate on both views in that it yields verdicts that are at odds with our considered judgements about certain cases. These cases involve legal norms of referral or international administrative assistance. (shrink)

Who should have a right to participate in a polity’s decision-making? Although the answers to this ‘boundary problem’ in democratic theory remain controversial, it is widely believed that the enfranchisement of tourists and children is unacceptable. Yet, the two most prominent inclusion principles in the literature – Robert Goodin’s ‘all (possibly) affected interests’-principle and the ‘all subjected to law’-principle – both enfranchise those groups. Unsurprisingly, democratic theorists have therefore offered several reasons for nonetheless exempting tourists and children from the franchise. (...) In this paper, I argue that their attempts fail. None of the proposed rationales can do the job without having unacceptable implications for the voting rights of other groups. I then develop a new specification of the affected interests-view, one that avoids such problems. According to my life plan-principle, a person is entitled to participate in a polity’s decision-making if and only if its decisions will actually affect her autonomously chosen life plans, or prevent her from developing or revising plans of that kind. I show that this principle straightforwardly avoids enfranchising tourists and children, and thus improves upon its two prominent rivals. The paper ends by considering and rejecting two objections to my new principle. (shrink)

The above-mentioned article was published online with an incorrect title. The correct title reads “Does the Demographic Objection to Epistocracy Succeed?”.

Adam Gibbons (2022) holds, in response to my recent paper on epistocracy (Méndez 2022), that the severity of what I identify as a very relevant epistemic problem for epistocracy is overstated. What I call the Information Gap Problem refers to the gap of information that an elite electorate of well-informed citizens would experience, with regards to what epistocrats call ‘ill-informed’ lay citizens’ preferences. In that paper, I claimed that a group of highly qualified people could be better at determining the (...) content of policies to foster general goals, but that this does not mean they could also be able to identify the best forms for those policies to be implemented. The form is what I connect to the lived experiences of lay citizens, and an epistocratic arrangement— which equals to distribute political power in accordance with political competence—would exclude the preferred forms of implementation of the ill-informed citizens. That information would thus be out of reach for an elite electorate, and persisting socio economic differences would reduce the overlap between the preferences of the elite and the preferences of illinformed citizens. According to Gibbons, it is not clear why such information is so important. Additionally, Gibbons states that the Information Gap Problem would be less of a threat, and even no threat at all, to some types of epistocracy. Finally, from Gibbons’s perspective, there are other more pressing issues for epistocracies that are not properly addressed in my paper, such as the difficulties of assessing political competence, and the risks of abuse in epistocratic arrangements. Here I will argue that the importance of including preferences from lay citizens comes back to the goal of the epistocratic project, namely, to improve the outcomes of our democracies for everyone. As I state in the paper, lay citizen’s lived experiences are crucial to do so. Relatedly, I will show that all forms of epistocracy are in some way exclusionary, since they do involve restricting the electorate, be it directly or indirectly, which means that no matter the type, they would all be susceptible to the Information Gap Problem. As well, I will briefly address the final objection regarding competence by showing that Gibbons’s worries regarding competence are present and developed in my paper. (shrink)

ABSTRACT Thanks to Inquiry for hosting this symposium, and thanks to Ilya Somin, Robert Talisse, Gordon Allen, and Enzo Rossi for participating it. It’s an honor. I’m especially grateful for their contributions because the five of us come from similar enough starting points that our debates can be productive. None of us have any patience for romantic, pie-in-the-sky depictions of democracy or for the knee-jerk dogma that all the problems of democracy can be fixed with more democracy. All are concerned (...) about real-world practical problems. We recognize you can’t counter a complaint of the form ‘These institutions have these problems’ by responding, ‘Oh, but if everyone behaved the way my theory requires them to behave, those institutions would be fine.’. (shrink)

This paper discusses an argument in defense of felon disenfranchisement originally proposed by Andrew Altman, which states that as a matter of democratic self-determination, members of a legitimate democratic community have a collective right to decide whether to disenfranchise felons. Although this argument—which is here referred to as the argument from democratic self-determination—is held to justify policies that are significantly broader in scope than many critics of existing disenfranchisement practices would allow for, it has received little attention from philosophers and (...) political theorists. One exception is Claudio López-Guerra, who recently raised several objections to the argument. In this paper, I argue that the argument from democratic self-determination can avoid López-Guerra’s objections. In responding to these, I explicate how and when it can be permissible for a legitimate democratic community to disenfranchise felons. I propose that this is the case only if the disenfranchisement of felons is not intended as a punishment, but as a way to express the view about citizenship one endorses as a democratic collective. I also discuss the implications of the argument in terms of offender reintegration. (shrink)

There is widespread agreement among philosophers and legal scholars that the distribution of educational resources in the US is unjust, but little agreement about why. An increasingly prominent view posits a sufficientarian standard based on the requirements of democratic citizenship. This view, which I refer to as democratic sufficientarianism, argues that inequalities in educational resources or opportunities above the threshold required for democratic citizenship are morally unobjectionable if and only if all children are provided with an education sufficient to meet (...) those demands. In the article, I argue that democratic sufficientarianism faces a democratic education dilemma. Either the philosopher specifies a precise and demanding threshold with antidemocratic implications, or she insists upon democratic equality irrespective of educational achievements, thereby undercutting the search for anything but a minimal educational threshold. As an alternative, I defend a new sufficientarian standard that is reflexive, education-specific, and democracy-compatible. This reflexive sufficientarian standard can act as a guide to democratic deliberation about education policy. The article also sketches possibilities for litigation on behalf of children who have received insufficient primary education. (shrink)

What should the EU do about the fact that some Member States are backsliding on their commitments to democracy, supposedly a fundamental value of the EU? The Treaty provisions under Article 7 TEU are widely criticized for being ineffective in preventing such developments. Are they legitimate? I argue that the ultimate sanction of Article 7 TEU falls into a performative contradiction, which undermines its ability to coherently defend fundamental values. Instead, expulsion from the EU is the appropriate, coherent and legitimate (...) final political sanction for democratic and rule of law backsliding by a Member State. The argument has the following steps: In Part 1, I argue that the current Article 7 framework for responding to democratic and rule of law backsliding in the EU is normatively problematic, in that the mechanism currently in the Treaty undermines the values it purports to defend; in other words, it falls into a performative contradiction. It is undemocratic to deprive Member States of their right to vote in the Council while holding them subject to Council decisions. However, Part 2 studies relevant philosophical arguments from an adjacent literature on criminal disenfranchisement, concluding that allowing backsliding Member States to keep their voting rights in the Council _also_ taints the democratic character of Council decision-making. In Part 3, I consider the resulting paradox in light of the literature on militant democracy. Could militant democracy justify Article 7? I argue not; even if we accept the hypothetical justifiability of militant measures, they are not legitimate here since a democratically acceptable alternative exists that would safeguard the democratic character and legitimacy of Council decision-making: expulsion from the Union. I also address a central objection to an expulsion mechanism—that it would require treaty change and is therefore practically impossible. (shrink)

Book Review Claudio López-Guerra : Democracy and Disenfranchisement: The Morality of Electoral Exclusions. Oxford: Oxford University Press. 189 pages. ISBN: 978-0198705789. Price: £50.

Most laypersons and political theorists endorse the claims that all adults should be enfranchised and all children should be disenfranchised. The first claim rejects epistocracy; the second...

In this paper, I offer a solution to the Capacity/Equality Puzzle. The puzzle holds that an account of the franchise may adequately capture at most two of the following: (1) a political equality-based account of the franchise, (2) a capacity-based account of disenfranchising children, and (3) universal adult enfranchisement. To resolve the puzzle, I provide a complex liberal egalitarian justification of a moral requirement to disenfranchise children. I show that disenfranchising children is permitted by both the proper political liberal and (...) the proper political egalitarian understandings of the relationship between cognitive capacity and the franchise. Further, I argue, disenfranchising children is required by a minimalistic, procedural principle of collective competence in political decision-making. At the same time, I show that political equality requires the enfranchisement of all adults, regardless of cognitive capacities, and that the collective competence principle does not ground adult disenfranchisement. This justifies the progressive legal trend that holds the capacity-based disenfranchisement of adults to be incompatible with liberal democratic principles. (shrink)

This thesis provides an ethical analysis of imprisonment as a mode of punishment. Consisting in an introduction and four papers the thesis addresses several important questions concerning imprisonment from a number of different perspectives and theoretical starting points. One overall conclusion of this thesis is that imprisonment, as a mode of punishment, deserves more attention from moral and legal philosophers. It is also concluded that a more complete ethical assessment of prison conditions and prison management requires a broader focus. It (...) must include an explicit discussion of both how imprisonment directly affects prison inmates and its negative side-effects on third parties. Another conclusion is that ethical discussions on prison conditions should not be too easily reduced to a question about how harsh or lenient is should be. Paper 1 argues that prisoners have a right to privacy. It is argued that respect for inmates’ privacy is related to respect for them as moral agents. Consequently, respect for inmates’ privacy is called for by different established philosophical theories about the justification of legal punishment. Practical implications of this argument are discussed and it is argued that invasion of privacy should be minimized to the greatest extent possible, without compromising other important values or the rights to safety and security. It is also proposed that respect for privacy should be part of the objective of creating and upholding a secure environment. Paper 2 discusses whether the collateral harm of imprisonment to the children and other close family members of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two perspectives in moral philosophy, consequentialism and deontology, are then applied in order to assess whether these harms are permissible. It is argued that from either perspective it is hard to defend the claim that allowing for these harms are morally permissible. Consequently, imprisonment should be used only as a last resort. Where it is deemed necessary, it gives rise to special moral obligations. Using the notion of residual obligation, these obligations are then categorized and clarified. Paper 3 focuses on an argument that has figured in the philosophical debate on felon disenfranchisement. This argument states that as a matter of democratic self-determination, a legitimate democratic collective has the collective right to decide whether to disenfranchise felons as a way of defining their political identity. Yet, such a collective’s right to self-determination is limited, since the choice to disenfranchise anyone must be connected to normative considerations of political significance. This paper defends this argument against three charges that has been raised to it. In doing so it also explores under what circumstances felon disenfranchisement can be permissible. Paper 4 explores the question of whether prison inmates suffering from ADHD should be administered psychopharmacological intervention for their condition. The theoretical starting point for the discussion is the communicative theory of punishment, which understands criminal punishment as a form of secular penance. Viewed through the lens of the communicative theory it is argued that the provision of pharmacological treatment to offenders with ADHD need not necessarily be conceived of as an alternative to punishment, but as an aid to achieving the penological ends of secular penance. Thus, in this view offenders diagnosed with ADHD should have the option to undergo pharmacological treatment. (shrink)

Journal of Political Philosophy, Volume 29, Issue 4, Page 480-495, December 2021.

Why, exactly, should we punish children who commit crimes more leniently than adults who commit the same offenses? Gideon Yaffe thinks it is because they cannot vote, and so the strength of their reasons to obey the law is weaker than if they could. They are thus less culpable when they disobey. This argument invites an obvious objection: why not simply enfranchise children, thereby granting them legal reasons that are the same strength as enfranchised adults, and so permitting similarly severe (...) punishment? Yaffe answers this question by arguing that child enfranchisement would objectionably undermine the values of political equality and self-government. This article explores some serious doubts about these arguments. It closes by questioning Yaffe’s reliance on a retributivist theory of punishment, contending that, once we reject retributivism in favor of more humane and productive alternatives, the thesis that child criminals deserve a break—which Yaffe assumes to be undeniably correct—becomes less plausible. (shrink)

Being autonomous depends on the kind of relations we enjoy in the different domains of our lives, but the impact of decision-making and the power exercise that takes place in the political sphere, makes political relations crucial to our development and enjoyment of autonomy. This dissertation develops a novel view of political participation by interrogating its connection to our personal autonomy. According to this view, our political relations are partially constitutive of our personal autonomy, which in other words means there (...) is a political aspect of our autonomy. The kind of political relations we should hold to fully enjoy our autonomy is what I call Relations of Mutual Recognition. It is the mutual recognition of each agent’s autonomous standing—translated into a proper distribution of political power— that will face dominating political relations. The basis for that domination comes from our democracies’ power imbalances that condition influence over political decision-making to each individual’s economic, social or cultural standing. Consequently, there are political conditions for our autonomy to thrive. Relations of Mutual Recognition require two main conditions: non-domination and control. I take these two neo-republican ideals and redefine them to shape what a proper distribution of political power amounts to. Political participation comes in precisely to identify a way to challenge power imbalances. Therefore, my definition of political participation, which I call Collective Self-Government, requires a particular sort of implementation. Accordingly, I suggest a deliberative and inclusive arrangement that involves direct and innovative forms of decision-making, and more importantly, grants relevant shares of authority to all actors, i.e., common citizens, legislators, technocrats, etcetera. This project could rightly belong to both a relational approach to autonomy and be labelled as a version of deliberative democracy. However, relational accounts focus on our social relations, whilst I claim that we cannot be “less” or non-autonomous in the political sphere and still enjoy an autonomous life. Likewise, the participatory focus—in the sense of inclusion of all actors—of this proposal more accurately turn it into either a participatory version of deliberative democracy or a deliberative version of participatory democracy. (shrink)

When collective decisions should be made democratically, which people form the relevant demos? Many theorists think this question is an embarrassment to democratic theory: because any decision about who forms the demos must be made democratically by the right demos, which itself must be democratically constituted and so on ad infinitum; and because neither the concept of democracy, nor our reasons for caring about democracy, determine who should form the demos. Having distinguished between these three versions of the demos problem, (...) we argue that each of them can be solved. (shrink)

Los procesos democráticos de toma de decisiones pueden ser evaluados por sus resultados, por su valor intrínseco o por una combinación de ambas cosas. Mostraré que analizar a fondo estas alternativas permite sacar a la luz las debilidades más serias en los modos usuales de justificación del constitucionalismo. La fundamentación teórica de la articulación entre democracia y constitucionalismo ha permanecido atrapada en una trampa que busco romper. Concluiré mostrando la necesidad de rebasar los argumentos epistémicos y contra-epistémicos sugiriendo pautas que (...) hasta ahora creo han sido poco ponderadas en la literatura clásica sobre el tema. (shrink)