One of the most notable features in recent Confucian political theory is the advocacy of political meritocracy. Though Confucian meritocrats’ controversial institutional design has been subject to critical scrutiny, less attention has been paid to their underlying normative claims. This paper aims to investigate the two justificatory conditions of Confucian political meritocracy—the service condition and the reciprocity condition—in light of classical Confucianism and with special attention to moral disagreement. Finding the normative argument for Confucian political meritocracy both incomplete (in light (...) of classical Confucianism) and implausible (under the circumstances of moral disagreement), it proposes Confucian constitutional democracy as an alternative that can meet the three conditions of the good Confucian polity—service, reciprocity, and remedy—by reconceiving the people's well-being in terms of their basic rights, as well as by promoting constitutional dialogue among the three branches of the government. (shrink)

Private governance raises important questions about democratic representation. Rule making is rarely based on electoral authorisation by those in whose name rules are made—typically a requirement for democratic legitimacy. This requires revisiting the role of representation in input legitimacy in transnational governance, which remains underdeveloped. Focussing on private labour governance, we contrast two approaches to the transnational representation of worker interests in global supply chains: non-governmental organisations providing representative claims versus trade unions providing representative structures. Studying the Bangladesh Accord for (...) Fire and Building Safety, we examine their interaction along three dimensions of democratic representation: 1) creating presence, 2) authorisation, and 3) accountability to affected constituents. We develop a framework that explains when representative claims and structures become complementary but also how the politics of input legitimacy shapewhoseinterests get represented. We conclude by deriving theoretical and normative implications for transnational representation and input legitimacy in global governance. (shrink)

Informal political representation can be a political lifeline, particularly for oppressed and marginalized groups. Such representation can give these groups some say, however mediate, partial, and imperfect, in how things go for them. Coeval with the political goods such representation offers these groups are its particular dangers to them. Mindful of these dangers, skeptics challenge the practice for being, inter alia, unaccountable, unauthorized, inegalitarian, and oppressive. These challenges provide strong pro tanto reasons to think the practice morally impermissible. This paper (...) considers the question: On what conditions is the informal political representation of oppressed and marginalized groups permissible? By responding to skeptics’ challenges, I develop a systematic account of moral constraints that, if adopted, would make such representation permissible. The account that emerges shows that informal political representatives (IPRs) must aim to fulfill two sets of sometimes conflicting duties to the represented: democracy within duties, which concern how the representative treats and relates to the represented, and justice without duties, which concern how the representative’s actions advance the aims of the representation. (shrink)

Drawing on the SAGE minutes and other documents, I consider the wider lessons for norms of scientific advising that can be learned from the UK’s initial response to coronavirus in the period January-March 2020, when an initial strategy that planned to avoid total suppression of transmission was abruptly replaced by an aggressive suppression strategy. I introduce a distinction between “normatively light advice”, in which no specific policy option is recommended, and “normatively heavy advice” that does make an explicit recommendation. I (...) argue that, although scientific advisers should avoid normatively heavy advice in normal times in order to facilitate democratic accountability, this norm can be permissibly overridden in situations of grave emergency. SAGE’s major mistake in early 2020 was not that of endorsing a particular strategy, nor that of being insufficiently precautionary, but that of relying too heavily on a specific set of “reasonable worst-case” planning assumptions. I formulate some proposals that assign a more circumscribed role to “worst-case” thinking in emergency planning. In an epilogue, I consider what the implications of my proposals would have been for the UK’s response to the “second wave” of late 2020. (shrink)

The ‘constructivist turn’ in political representation literature has clarified that representation is crucial in forging identities – through the creation of ideological and symbolic representations that mobilize and coalesce otherwise scattered and undefined social forces – and thus also why it is essentially an interpretative and performative activity. In this article I argue that, as a consequence of this emphasis on interpretation and performativity, this approach makes clear why the ethos of representatives is important in representation. To prove this, I (...) employ some insights from rhetoric. Rhetorical persuasion and democratic representation, indeed, call for a similar kind of judgment, as they both need to mediate between opposing exigencies: rhetoric between attentiveness to the specificity of the audience and the creation of new beliefs, and representation between being responsive to specific interests and giving them a new articulation. Mediating this tension requires an exercise of judgment that, being directed toward the future, inevitably introduces uncertainty into the relation. This is why both in rhetoric and representation the ethos is an essential element. However, as I argue in the conclusion, the personal qualities that should be considered relevant here are above political qualities, rather than technical or moral ones. (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)

_A spirited defense of the Enlightenment against assaults from both the left and the right that explains its urgent implications for our contemporary politics_ Ours is an age when optimism about politics is hard to come by. Ian Shapiro explains why this is so and, without minimizing the daunting challenges, spells out an appropriate response. Written in the indomitable spirit exemplified by Tom Paine, _Uncommon Sense_ is a rich source of insight and inspiration in dark political times. The Enlightenment commitments (...) to reason and science are under assault from the Postmodern Left and the Authoritarian Right. Shapiro explains why the attacks are misguided and politically destructive. He agrees with the critics that there are no universal principles of justice that transcend political battles and no fair, impartial rules to govern the distribution of income, wealth, rights, or opportunities. But abandoning the search for them as futile does not mean junking the Enlightenment’s core political goal: to deploy the tools of reason and science to fight domination. Democracy is essential to vindicating that goal, yet citizens in many democracies are profoundly alienated and many democracies are in danger of failing. Shapiro explains what has gone wrong, debunks ill-considered remedies, and spells out better ones—deepening and extending his previous writing on political theory and democratic politics. (shrink)

Political institutions can be transparent or secret. If they are transparent, then we have access to information about how agents act within them. If they are secret, then we do not have access to this information. The presence and extent of transparency has tremendous impact on how political institutions function. The purpose of this article is to offer a brief overview of what political philosophers have thus far had to say about transparency as it pertains to political institutions. In doing (...) so, I hope to connect philosophical questions about transparency to relevant social scientific work and to highlight areas where more work needs to be done. (shrink)

The increasing use of Artificial Intelligence for making decisions in public affairs has sparked a lively debate on the benefits and potential harms of self-learning technologies, ranging from the hopes of fully informed and objectively taken decisions to fear for the destruction of mankind. To prevent the negative outcomes and to achieve accountable systems, many have argued that we need to open up the “black box” of AI decision-making and make it more transparent. Whereas this debate has primarily focused on (...) how transparency can secure high-quality, fair, and reliable decisions, far less attention has been devoted to the role of transparency when it comes to how the general public come to perceive AI decision-making as legitimate and worthy of acceptance. Since relying on coercion is not only normatively problematic but also costly and highly inefficient, perceived legitimacy is fundamental to the democratic system. This paper discusses how transparency in and about AI decision-making can affect the public’s perception of the legitimacy of decisions and decision-makers and produce a framework for analyzing these questions. We argue that a limited form of transparency that focuses on providing justifications for decisions has the potential to provide sufficient ground for perceived legitimacy without producing the harms full transparency would bring. (shrink)

En este trabajo analizo las propuestas de insertar minipúblicos deliberativos en el proceso político para superar las numerosas “brechas” de representación que aquejan actualmente a los sistemas de partidos tradicionales. Sostengo que la noción de representación que subyace a muchas de estas propuestas tiene algunas similitudes importantes con la noción de representación como “encarnación” del pueblo propia del populismo. A partir de un análisis comparativo entre las variedades populistas y lotocráticas de la representación como “encarnación” del pueblo, destaco dos características (...) que comparten y que son perjudiciales para la democracia. Sobre la base de este análisis, defiendo una forma de entender la relación entre los participantes de los minipúblicos y la ciudadanía en general que evita los rasgos problemáticos de la concepción populista de la representación como encarnación. Para finalizar, expongo cómo las propuestas de usos de los minipúblicos basados en la “confianza” ciega es problemática y abogo, en cambio, por usos participativos de los minipúblicos que realmente empoderarían a la ciudadanía. (shrink)

Multi-stakeholder initiatives (MSIs)—private governance mechanisms involving firms, civil society organizations, and other actors deliberating to set rules, such as standards or codes of conduct, with which firms comply voluntarily—have become important tools for governing global business activities and the social and environmental consequences of these activities. Yet, this growth is paralleled with concerns about MSIs’ deliberative capacity, including the limited inclusion of some marginalized stakeholders, bias toward corporate interests, and, ultimately, ineffectiveness in their role as regulators. In this article, we (...) conceptualize MSIs as deliberative systems to open the black box of the different elements that make up the MSI polity and better understand how their deliberative capacity hinges on problems in different elements. On the basis of this conceptualization, we examine how deliberative mini-publics—forums in which a randomly selected group of individuals from a particular population engage in learning and facilitated deliberations about a topic—can improve the deliberative capacity of MSIs. (shrink)

This chapter aims to present a theoretical survey of political representation of future generations. The chapter focuses on two main normative justifications of representation of future generations. The first appeals to intergenerational justice and the second to democratic legitimacy. Then, the chapter addresses possible objections to the representation of future generations. These objections are: first, we should prevent the inflation of representation; second, representation of future people is not really political representation; third, representation of future people is unnecessary. The next (...) part discusses theoretical proposals to represent future generations in existing institutions. An appendix provides an overview of past and present real-world experiments, including the Finnish Committee for the Future, the Israeli Knesset Commissioner for Future Generations (2001–2006) and the Hungarian Ombudsman for Future Generations. (shrink)

Public reason liberals disagree about the relationship between public justification and deliberative democracy. My goal is to argue against the recent suggestion that public reason liberals seek a ‘divorce’ from deliberative democracy. Defending this thesis will involve discussing the benefits of deliberation for public justification as well as revisiting public reason’s standard Rawlisan restraint requirement. I criticize Kevin Vallier’s alternative convergence-based principle of restraint and respond to the worry that the standard Rawlsian restraint requirement reduces the likelihood of public justification (...) by limiting the diversity of inputs into the justificatory process. (shrink)

What kind of polity is justified by classic Confucian values? Adopting an interpretive approach, this paper explores the idea of leadership democracy being expressive of classic Confucian values by first introducing the models of leadership democracy associated with Weber and Schumpeter and second connecting Confucian elitist values to them. I argue that leadership democracy best realizes the Confucian emphasis on the people as the source of legitimacy and the ruler as the engine of good governance. The Confucian idea of people-rootedness (...) is borne out by citizens behaving as democratic plebeians who are empowered to choose their leader but devoid of moral and intellectual capabilities for collective decision-making. The Confucian idea of rulership is expressed by democratic leaders displaying competent statesmanship and compensating for intra-elite tensions within the Confucian tradition. (shrink)

Courts play a key role in deciding on public health controversies, but the legitimacy of judicial intervention remains highly controversial. In this article I suggest that we need to carefully distinguish between different reasons for persistent disagreement in the domain of public health. Adjudicating between public health controversies rooted in factual disagreements allows us to investigate more closely the epistemic capacities of the judicial process. While the critics typically point out the lack of appropriate expertise of judges—in particular with respect (...) to health and public health—we should not move too fast in inferring from this a generalized competence problem. This article offers four reasons for vindicating the importance of judicial intervention in factual disagreements: the relative independence of judges from the political establishment, the judicial commitment to evidence, the specific nature of judicial reasoning and an additional voice for the people in the policy-making process. (shrink)

Despite the transformation it introduced in theories of democratic representation, the so-called ‘constructivist turn’ left unchallenged the epistemology that had characterised traditional accounts: the questions at stake in current debates on representation are still mostly elicited by a ‘passive’ image of representation as ultimately the phenomenon of being represented by others. Nowhere has the focus explicitly been placed on the experience of representing others. This article proposes a recalibration of current constructivist accounts of representation by introducing what I term the (...) representative standpoint, an epistemological perspective which discloses neglected aspects of the nature and the value of democratic representation. In particular, I suggest that from the representative standpoint, we are able to configure representation as the periodic motion between two spaces: the square, where the representative meets with their constituents, and the circle, where the representative meets with the representatives of other constituencies. The essence of democratic representation lies precisely in the constant moving back and forth between these two spaces. I finally suggest that, configured in these terms, representation may be acknowledged and valued also for providing liberal democracies with an in-built device for a kind of civic education, the beneficiaries of which are the representatives themselves. (shrink)

Four years after the Panama Papers scandal, tax avoidance remains an urgent moral-political problem. Moving beyond both the academic and policy mainstream, I advocate the “democratization of tax enforcement,” by which I mean systematic efforts to make tax avoiders accountable to the judgment of ordinary citizens. Both individual oligarchs and multinational corporations have access to sophisticated tax avoidance strategies that impose significant fiscal costs on democracies and exacerbate preexisting distributive and political inequalities. Yet much contemporary tax sheltering occurs within the (...) letter of the law, rendering criminal sanctions ineffective. In response, I argue for the creation of Citizen Tax Juries, deliberative minipublics empowered to scrutinize tax avoiders, demand accountability, and facilitate concrete reforms. This proposal thus responds to the wider aspiration, within contemporary democratic theory, to secure more popular control over essential economic processes. (shrink)

This paper argues that Amartya Sen’s comparative approach to justice requires a politics that is attentive to the agency of the other. Rethinking representation as a relational, rather than a sovereign, concept captures the relationship between agency and justice that is emerging in global politics today. It is increasingly common that non-governmental actors engage with communities through practices of trust and responsibility without appeal to political authority. Relational representation helps clarify the dynamics of these relationships and provides a way to (...) think about their purpose. That purpose is to effect changes that ameliorate suffering and injustice, working to re-present the represented persons as more capable persons, more free to use their agency. (shrink)