The idea that animals should have the right to vote sounds preposterous. Accordingly, most authors who have touched on the issue dismiss it in few words as obvi.

In 1970, Stewart advocated disenfranchising everyone reaching retirement age or age 70, whichever was earlier. The question of whether senior citizens should be disenfranchised has recently come to the fore due to votes on issues such as Brexit and climate change. Indeed, there is a growing literature which argues that we should increase the voting power of non-senior citizens relative to senior citizens, for reasons having to do with intergenerational justice. Thus, it seems that there are reasons of justice to (...) disenfranchise senior citizens, or at least to grant them a lower voting weight than non-senior citizens. In this paper, we investigate whether there are democratic reasons to do so. To answer this question, we turn to the boundary problem in democratic theory, i.e., the question of who should be included in democratic decision-making. Two prominent solutions, and a more recent one, are particularly relevant: the all-affected principle, the all-subjected principle, and the relational egalitarian principle. When it comes to the all-affected principle and the all-subjected principle, we argue that there is reason to grant most senior citizens a lower voting weight than most non-senior citizens in most decisions. Whether that is the case on the relational egalitarian principle depends on how people relate to each other in society. Indeed, it is sometimes in accordance with the relational egalitarian view to grant senior citizens a greater voting weight than non-senior citizens. (shrink)

In this paper, we argue that the All Affected Principle generates a puzzle when applied to carbon tax referendums. According to recent versions of the All Affected Principle, people should have a say in a democratic decision in positive proportion to how much the decision affects them. Plausibly, one way of being affected by a carbon tax referendum is to bear the economic burden of paying the tax. On this metric of affectedness, then, people who pollute a lot are ceteris (...) paribus more affected than people who don’t, because the former stands to pay more in carbon taxes than the latter. Consequently, people who pollute a lot receive large voting power, while people who pollute a little receive little voting power. This is a puzzling distribution of voting power for several reasons. First, it is instrumentally counterproductive if the goal is to rectify damages to the climate. Second, it introduces prudential incentives for everyone to pollute more to gain voting power. Third, the relative difference in voting power between people who pollute a lot and people who don’t is puzzling from a desert-based point of view, since the former often make a serious effort to avoid polluting, while the latter don’t. (shrink)

Modern thinking about democracy is largely governed by the concept of constituent power. Some versions of the concept of constituent power, however, remain haunted by the spectre of totalitarianism. In this article, I outline an alternative view of the identity of the people whose constituent power generates democratic authority. Broadly speaking, constituent power signifies the idea that all political authority, including that of the constitution, must find its source in some idea of ‘the people’, whose authority is never exhausted by (...) constituted power. The deficiency I seek to address is that of asking who the people is to whom any claim of authority refers, while avoiding the pitfalls of totalitarianism. I show the most famous totalitarian view of constituent power – advanced by Carl Schmitt – to be not only politically unsavoury but also ontologically unjustified. To outline my alternative view, I draw on Jacques Derrida’s concept of just decisions to argue that the undecidable inaugurates collective responsibility by demanding a response. This suggests a view of ‘the people’ as a doing rather than a being. I conclude by showing how this avoids totalitarian views of popular sovereignty by demonstrating its congruency with Claude Lefort’s democratic theory as opposed to totalitarianism. (shrink)

Are obligations of collective agents—such as states, businesses, and non-profits—ever overdemanding? I argue they are not. I consider two seemingly attractive routes to collective overdemandingness: that an obligation is overdemanding on a collective just if the performance would be overdemanding for members; and that an obligation is overdemanding on a collective just if the performance would frustrate the collective’s permissible deep preferences. I reject these. Instead, collective overdemandingness complaints should be reinterpreted as complaints about inability or third-party costs. These are (...) not the same as overdemandingness. Accordingly, we can ask an awful lot of collective agents. (shrink)

The All-Affected Principle has an important status in recent theoretical discussions on democracy. According to the principle, all who are affected by a decision should have a right to participate into making it. The principle is supposed to ground the right or optimal boundaries of democratic decision-making units. This paper is basically a critique of the principle. In the first parts of the paper, the All-Affected Principle is distinguished from some related principles. However, even a more precise version of the (...) principle is still troubled by ambiguities. It is argued that Robert Goodin’s expansive reading is the only coherent one. However, if it is accepted, the principle cannot be used for its original purpose. The last parts focus on some largely unexamined aspects of the principle. First, the principle also works as a means of exclusion, not only of inclusion. Second, if, as the principle says, participation rights are based on interests, it is by no means obvious that these rights should be equal. Third, the principle cannot provide us with a non-institutional starting point. Nevertheless, a much weaker form of the principle may be plausible. (shrink)

This article addresses the problem of ‘the legitimacy of the people’, that is, what constitutes the legitimate demarcation of the political units within which democracy is practiced? It is commonplace among philosophers to argue that this problem cannot be solved by appeal to democratic procedure because every attempt to do so results in an infinite regress. Based on a social contract theoretical analysis of the problem, this view is rejected. Although contract theorists have ignored the problem of the legitimacy of (...) the people, this article nevertheless argues for one specific, and currently dominant, type of contract view – ‘contractarianism’ – that it contains the conceptual tools to solve it. In a contractarian view, the people are understood as a cooperative venture for mutual advantage and accordingly consist of only those individuals for whom it is mutually beneficial to bind themselves to one another. It is argued that contractarianism offers a procedurally democratic solution to the problem of the legitimacy of the people that does not cause an infinite regress. Furthermore, this article refutes a classic criticism of contractarianism’s account of moral standing. Finally, the article demonstrates contractarianism’s practical implications for one specific articulation of the problem of the legitimacy of the people, namely, immigration. (shrink)

All modern democratic societies claim to be egalitarian. They do not agree, of course, about what egalitarianism demands; the ideal of equality is hardly transparent and can be plausibly understood to encompass any number of social arrangements and values. Thatsomeform of equality is to be prized, though, is uncontroversial. Indeed, it may be true that all political theories that have stood the test of time can be understood as specifying and interpreting the ideal of equality. Whether or not this is (...) true, I think it is hard to deny that democratic political philosophy can generally be understood as egalitarian in character; to know how to treat people as moral equals, on this account, is to know what justice demands of us. We are all, if this is correct, egalitarians now, however much we argue about what such a label truly demands. (shrink)

The original constitution of the dêmos by democratic means is a fundamental problem for normative democratic theory. In this paper, I make an assessment of different solutions to the dêmos problem that have been presented in recent literature. I find that none of them is adequate, and thus hold that the dêmos problem remains unresolved. At the end of the paper, I propose a constellation in which multiple dêmoi are thought to be constituted at the same time. I show that (...) this leads to a mitigation of the negative consequences that are implied in the proposed solutions analysed in previous parts of the paper. Constituting the dêmos according to the democratic ideal is more expedient under the conditions of a large number of individuals having the option to form a plurality of dêmoi. This overall conclusion means that the democratic legitimacy of the dêmos itself is critically dependent on a relational setting of relatively open but independent dêmoi. The relations between dêmoi and the freedom of movement among them is thus not something which is added to ideal democratic theory as an external and foreign element reducing the legitimacy of a democracy. Rather, the norm that states that there should be multiple dêmoi that openly relate to each other is actually part of the hard core of democratic legitimacy. (shrink)

Many of us take it for granted that states have a right to control the entry and settlement of non‐citizens in their territories, and hardly pause to consider or evaluate the moral justifications for immigration controls. For a long time, very few political philosophers showed a great deal of interest in the subject. However, it is now attracting much more attention in the discipline. This article aims to show that we most certainly should not take it for granted that states (...) enjoy a moral right to exclude would‐be immigrants. It is neither obvious nor uncontroversial. And if we cannot find adequate justifications for the existence of such a right, then we need to re‐evaluate the very backbone of current approaches to immigration policy. The paper begins with an overview of the existing academic debate about the extent of the right to freedom of movement. Next it introduces three arguments in support of the state’s right to exclude would‐be immigrants which draw on claims about the collective right to self‐determination. Finally it outlines three important challenges faced by these arguments in support of the state’s right to exclude. (shrink)

Which standards should we employ to evaluate the global order? Should they be standards of justice or standards of legitimacy? In this article, I argue that liberal political theorists need not face this dilemma, because liberal justice and legitimacy are not distinct values. Rather, they indicate what the same value, i.e. equal respect for persons, demands of institutions under different sets of circumstances. I suggest that under real-world circumstances – characterized by conflicts and disagreements – equal respect demands basic-rights protection (...) and democratic participation, which I here call ‘political justice’. I conclude the article by considering three possible configurations of the global order – the ‘democratic world-state’, ‘independent democratic states’, and ‘mixed’ models – and argue that a commitment to political justice speaks in favour of the latter. (shrink)

I defend a neo-republican account of the right to have political rights. Neo-republican freedom from domination is a sufficient condition for the extension of political rights not only for permanent residents, but also for temporary residents, unauthorized migrants, and some expatriates. I argue for the advantages of the neo-republican account over the social membership account, the affected-interest account, the stakeholder account, and accounts based on the justification of state coercion.

This paper lays the foundations for a democratic defence of the argument that at least some non-citizens are entitled to claim rights of political participation with regard to states in which they are not resident. First I outline a distinctively democratic case for granting participatory rights to certain non-resident non-citizens, based upon the central claim that in a democracy those who are governed ought to have the opportunity to participate in the exercise of government. I offer support for extending rights (...) of participation to some non-resident non-citizens by addressing two possible democratic objections, relating to political equality and reciprocity. (shrink)

“One person, one vote” is wedded to the idea of democracy to such an extent that many would hesitate to refer to a system, which deviated from this, as a democracy. In this paper, I show why this assumption is hard to defend. I do so by pointing to the importance of baseline in justifying a system of “one person, one vote.” The investigation will show that the reasons underlying the most prominent views on democratic inclusion cannot justify “one person, (...) one vote” robustly. This ultimately means that democrats should be less confident in their judgment that 1P1V is a necessary part of democracy. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 3, Page 361-385, March 2022. Modern thinking about democracy is largely governed by the concept of constituent power. Some versions of the concept of constituent power, however, remain haunted by the spectre of totalitarianism. In this article, I outline an alternative view of the identity of the people whose constituent power generates democratic authority. Broadly speaking, constituent power signifies the idea that all political authority, including that of the constitution, must find its source (...) in some idea of ‘the people’, whose authority is never exhausted by constituted power. The deficiency I seek to address is that of asking who the people is to whom any claim of authority refers, while avoiding the pitfalls of totalitarianism. I show the most famous totalitarian view of constituent power – advanced by Carl Schmitt – to be not only politically unsavoury but also ontologically unjustified. To outline my alternative view, I draw on Jacques Derrida’s concept of just decisions to argue that the undecidable inaugurates collective responsibility by demanding a response. This suggests a view of ‘the people’ as a doing rather than a being. I conclude by showing how this avoids totalitarian views of popular sovereignty by demonstrating its congruency with Claude Lefort’s democratic theory as opposed to totalitarianism. (shrink)

Most refugees residing in the European Union (EU) do not retain their voting rights in states of origin or lack the means to exercise them effectively. Most member states of the EU do not extend voting rights to refugees. This leaves a large population of refugees residing within the borders of the EU in a unique state of disenfranchisement. In this article, I consider this problem from a democratic perspective. Should refugees in the EU have voting rights? My answer turns (...) on three aspects characterizing the circumstances of refugees: First, refugees reside in member states for an indeterminate, and typically protracted, amount of time without any exit options. Second, the political governance of the EU and its member states significantly shapes the lives of refugees. And third, refugees lack effective voting rights, and consequently, a meaningful political membership, in any political community across the world. In turn, based on an all-subjected principle of democratic inclusion, I argue that refugees should be secured state-level voting rights in member states, albeit with a condition of the period of residency. Moreover, they should have immediate voting rights at the supranational institutions of the EU such as the European Parliament. (shrink)

This paper argues against the call to democratize artificial intelligence (AI). Several authors demand to reap purported benefits that rest in direct and broad participation: In the governance of AI, more people should be more involved in more decisions about AI—from development and design to deployment. This paper opposes this call. The paper presents five objections against broadening and deepening public participation in the governance of AI. The paper begins by reviewing the literature and carving out a set of claims (...) that are associated with the call to “democratize AI”. It then argues that such a democratization of AI (1) rests on weak grounds, because it does not answer to a demand of legitimization, (2) is redundant in that it overlaps with existing governance structures, (3) is resource intensive, which leads to injustices, (4) is morally myopic and thereby creates popular oversights and moral problems of its own, and finally, (5) is neither theoretically nor practically the right kind of response to the injustices that animate the call. The paper concludes by suggesting that AI should be democratized not by broadening and deepening participation but by increasing the democratic quality of the administrative and executive elements of collective decision making. In a slogan: The question is not so much whether AI should be democratized but how. (shrink)

The democratic boundary problem arises because it appears that the units within which democratic decision procedures will operate cannot themselves be constituted democratically. The study argues that setting the boundaries of democracy involves attending simultaneously to three variables: domain (where and to whom do decisions apply), constituency (who is entitled to be included in the deciding body) and scope (which issues should be on the decision agenda). Most of the existing literature has focussed narrowly on the constituency question, endorsing either (...) the All‐Affected Interests Principle or the All Subjected Principle, but neither is satisfactory as a general solution. In particular, the former fails to explain why having interests at stake in a decision necessarily gives you the right to participate in making it, and the latter, although more plausible on that count, assumes that the domain and scope issues have already been settled. To make progress, we need to bring democratic values to bear on the boundary problem. The units we favour should be those that are likely to promote political equality and solidarity among members of the demos. Although this approach will often justify existing territorial states as sites of democracy, it can also generate arguments for making boundary changes along one or other dimension. (shrink)

Populism is widely thought to be in tension with liberal democracy. This article clarifies what exactly is problematic about populism from a liberal–democratic point of view and goes on to develop normative standards that allow us to distinguish between more and less legitimate forms of populism. The point of this exercise is not to dismiss populism in toto; the article strives for a more subtle result, namely, to show that liberal democracy can accommodate populism provided that the latter conforms to (...) particular discursive norms. What the article calls a ‘liberal ethics of populism’ turns out to be closely bound up with a broader ethics of peoplehood, understood as a way of articulating who ‘the people’ are in a way that is compatible with liberal–democratic principles of political justification. Such an ethics, concludes the article, inevitably has a much wider audience than populist political actors: its addressees are all those who seek legitimately to exercise power in the name of the people. (shrink)

Increasingly, protests occur across borders and are carried out by non-nationals. Many of these protests include elements that break the laws of their host country and are aimed at issues of global concern. Despite the increasing frequency of transnational protest, little ethical consideration has been given to it. This article provides a cosmopolitan justification for transnational disobedience on behalf of self and others. The article argues that individuals may be justified in illegally protesting in other states, and that in some (...) circumstances they may do so even when laws have been legitimately constituted by the domestic constituencies of those states. Using a cosmopolitan reading of the notion of civility and of the civil realm, the article argues that transnational protests are capable of conforming to the normative and conceptual standards necessary for them to be labelled civil disobedience. As a result, they ought to carry a privileged moral status compared with other forms of protest. The article applies the All Affected Principle to argue that a democratic deficit can provide transnational protesters and resident migrants with a right to civil disobedience even where that right is not held by members of the demos they protest within. (shrink)

There are longstanding calls for international organizations to be more inclusive of the voices and interests of people whose lives they affect. There is nevertheless widespread disagreement among practitioners and political theorists over who ought to be included in IO decision-making and by what means. This paper focuses on the inclusion of IOs’ ‘intended beneficiaries,’ both in principle and practice. It argues that IOs’ intended beneficiaries have particularly strong normative claims for inclusion because IOs can affect their vital interests and (...) their political agency. It then examines how these claims to inclusion might be feasibly addressed. The paper proposes a model of inclusion via representation and communication, or ‘mediated inclusion.’ An examination of existing practices in global governance reveals significant opportunities for the mediated inclusion of IOs’ intended beneficiaries, as well as pervasive obstacles. The paper concludes that the inclusion of intended beneficiaries by IOs is both appropriate and feasible. (shrink)

According to neo-republicans, democracy is morally justified because it is among the prerequisites for freedom as non-domination. The claim that democracy secures freedom as non-domination needs to explain why democratic procedures contribute to non-domination and for whom democracy secures non-domination. This requires an account of why domination is countered by democratic procedures and an account of to whom domination is countered by access to democratic procedures. Neo-republican theory of democracy is based on a detailed discussion of the former but a (...) scant discussion of the latter. We address this lacuna by interpreting the two most influential principles of inclusion, the all-subjected principle and the all-affected principle, in light of neo-republican commitments. The preliminary conclusion is that both principles are able to capture relations of domination between the democratic state and the people controlled by it in the relevant sense. Yet, the state has virtually unlimited powers to control residents, but only limited powers to interfere in the lives of non-residents. Republican aspirations are therefore more in tune with the all-subjected principle according to which only residents in the territory of the state should be granted rights to political participation. (shrink)

This article defends state sovereignty as necessary for a form of popular sovereignty capable of realising the republican value of non-domination and argues it remains achievable and normatively warranted in an interconnected world. Many scholars, including certain republicans, contend that the external sovereignty of states can no longer be maintained or justified in such circumstances. Consequently, we must abandon the sovereignty of states and reconceive popular sovereignty on a different basis. Some argue sovereignty must be displaced upwards to a more (...) global state, while others advocate it be vertically and horizontally dispersed to units below, across and above the state. Each group offers a related vision of the European Union to illustrate their proposals. Both these arguments are criticised as more likely to produce than reduce domination because neither can sustain a form of popular sovereignty capable of instantiating relations of non-domination. This article proposes the alternative of a republican association of sovereign states that allows sovereign states and their peoples to mutually regulate their external sovereignty in non-dominating ways. This alternative proposal provides a more plausible and defensible means for sustaining the requisite kind of popular sovereignty in contemporary conditions and a more appropriate vision of the European Union. (shrink)

Does political decision-making require experts or can a democracy be trusted to make correct decisions? This question has a long-standing tradition in political philosophy, going back at least to Plato’s Republic. Critics of democracy tend to argue that democracy cannot be trusted in this way while advocates tend to argue that it can. Both camps agree that it is the epistemic quality of the outcomes of political decision-making processes that underpins the legitimacy of political institutions. In recent political philosophy, epistemic (...) democrats have embraced this instrumentalist way of thinking about democracy. In this chapter, I argue that the attempt to defend democracy on epistemic instrumentalist grounds is self-undermining. I also develop an alternative – procedural – epistemic defence of democracy. I show that there is a prima facie epistemic case for democracy when there is no procedure-independent epistemic authority on the issue to be decided. (shrink)

In this paper, I set out to defend the claim that a central principle in democratic theory, the all-subjected principle, applies not only when one is subject to a rule by a state but also when one is subject to a rule by a ‘non-state’ unit. I argue that self-government is the value underlying the all-subjected principle that explains why a subjected individual should be included because she is subjected. Given this, it is unfounded to limit the principle to the (...) state, as subjection which threatens self-government occurs in non-state units such as corporations and families. This means that following the all-subjected principle surprisingly implies that we ought to have family and workplace democracy. (shrink)

This is the Introduction to a collected volume.

Abstract:While self-determination is a cardinal principle of international law, its meaning is often obscure. Yet international law clearly recognizes decolonization as a central application of the principle. Most ordinary people also agree that the liberation of colonial peoples was a moral triumph. This essay examines three philosophical theories of self-determination’s value, and asks which one best captures the reasons why decolonization was morally required. The instrumentalist theory holds that decolonization was required because subject peoples were unjustly governed, the democratic view (...) holds that decolonization was required because subject peoples lacked democratic representation, and the associative view holds that decolonization was required because subject peoples were unable to affirm the political institutions their colonial rulers imposed on them. I argue that the associative view is superior to competing accounts, because it better reflects individuals’ “maker” interests in participating in shared political projects that they value. The essay further shows that if we accept the associative view, self-determination is not a sui generis value that applies to decolonization alone. Ultimately, our intuitions about decolonization can be justified only by invoking an interest on the part of persistently alienated groups in redrawing political boundaries. The same interest may justify self-determination in additional cases, such as autonomy for indigenous peoples, or greater independence for Scotland or Quebec. (shrink)

Prominent normative theories for accommodating minority national groups appeal to the value of national cultures and/or the psychology of group recognition. This article aims to show that an argument from political authority provides a better justification. Building on Joseph Raz's theory of authority, the article argues that members of minority national groups are disadvantaged in relation to their majority counterparts under standard democratic institutions; such institutions do not provide minority national groups with comparable access to the conditions for legitimate political (...) authority. Constitutional arrangements for accommodating minority national groups—such as territorial self-government or power-sharing—are justified insofar as they might offset this disadvantage. (shrink)

A defining feature of democracy is the inclusion of members of the political association. However, the corresponding right to exclusion has attracted undeservedly scant attention in recent debates. In this paper, the nature of the right to exclusion is explored. On the assumption that inclusion requires the allocation of legal power-rights to the people entitled to participate in the making of collective decisions, two conceptions of the right to exclusion are identified: the liberty-right to exclude and the claim-right to exclude. (...) The choice between them depends on the nature of the interests that justifies the power-rights of people included. The position is defended that if rights to democratic participation are power-rights, we must also accept that the people included have claim-rights to the exclusion of non-members. (shrink)

La réponse conventionnelle au problème des limites du demos est que la théorie de la démocratie n’a pas les ressources normatives pour le résoudre. Les limites du demos nous sont données par l’histoire, dont nous reconnaissons la contingence, et le travail de légitimation démocratique ne peut s’effectuer qu’a posteriori à partir de ces limites. Les critiques cosmopolitiques de cette position mettent en cause sa prémisse. Selon eux, la théorie de la démocratie nous donne une réponse normative au problème des frontières. (...) Elle consiste non pas dans la recherche vaine d’un principe normatif permettant de les déterminer, mais plutôt dans l’idée d’un demos sans limite, plaidant ainsi en faveur d’institutions juridiques ou démocratiques globales. Mon objectif est de montrer les limites de cette critique cosmopolitique afin d’esquisser un argument en faveur d’une version revue et corrigée de la position conventionnelle qui assume pleinement les conséquences de son recours à l’histoire.The conventional response to the boundary problem is to say that since democratic theory lacks the normative resources to solve it, we must accept boundaries as determined by history. Questions of democratic legitimacy only make sense from within their framework. Cosmopolitan critics contest the premise of this argument. Democratic theory provides a normative answer to the boundary problem : in principle, the demos has no limits. As democrats, we should be working towards the development of global democratic and legal institutions. My objective is to show the limits of this cosmopolitan critique and sketch an argument in favour of a revised version of the conventional position. (shrink)

This work offers a new democratic case for federalism, understood as a form of governance in which multiple entities in a country possess final decision-making authority (viz., can make decisions free from others substituting their decisions, issuing fines, etc.) over at least one subject (e.g., immigration, defense). It argues that leading solutions to the democratic boundary problem provide overlapping arguments for federalism. The underlying logic and many details of the most commonly cited solutions focused on those relevantly affected by and (...) subject to decisions each support three distinct arguments (focused on voteshares, other forms of democratic influence, and persistent minorities) for multiple demoi possessing authority in a polity. Federalism is the best available method for recognizing the distinct demoi. This not only supports federal governance as opposed to unitary governance and subsidiarity. It also suggests that democracy and federalism are importantly related and have several implications for institutional design. (shrink)

There are two classic principles for deciding who should have a right to vote on the laws, the All Affected Principle and the All Subjected Principle. This article is devoted, firstly, to providing a sympathetic reconstruction of the All Subjected Principle, identifying the most credible account of what it is to be subject to the law. Secondly, it shows that that best account still suffers some serious difficulties, which might best be resolved by treating the All Subjected Principle as a (...) subset of the All Affected Principle with which the All Subjected Principle must in any case be supplemented. (shrink)

Should artificial intelligences ever be included as co-authors of democratic decisions? According to the conventional view in democratic theory, the answer depends on the relationship between the political unit and the entity that is either affected or subjected to its decisions. The relational conditions for inclusion as stipulated by the all-affected and all-subjected principles determine the spatial extension of democratic inclusion. Thus, AI qualifies for democratic inclusion if and only if AI is either affected or subjected to decisions by the (...) political unit in relevant ways. This paper argues that the conventional view is too simple; that it neglects democratic reasons to recognize only agents and/or moral patients as participants in decision-making. The claim defended is that AAP and ASP implicitly affirm requirements for agency and patiency. In ASP, the entity included must be an agent understood either in terms of legal status, capacity to comply with the law or ability to recognize legitimate authority. In AAP, the entity included must be a patient, understood either in terms of capacity for sentience or consciousness. Thus, the idea here is to explore the potential democratic inclusion of artificial intelligences by an updated account of the relevant conditions of agency and patiency that are implicit in democratic theory. Although conceivable that AI is or will be either affected or subjected in relevant ways to decisions made by political units, it is far less clear that AI will ever be agents or patients in the sense required for democratic inclusion. (shrink)

Two distinct approaches to the incorporation of animal interests within democratic theory are identified. The first, anthropocentric, account suggests that animal interests ought to be considered within a democratic polity if and when enough humans desire this to be the case. Within this anthropocentric account, the relationship between democracy and the protection of animal interests remains contingent. An alternative account holds that the interests of animals ought to be taken into account because they have a democratic right that their interests (...) are considered. This alternative account is defended in this article by utilising democratic theory and, in particular, the all-affected principle. The interests of animals are affected by collective decisions and, therefore, they, or – more specifically – their representatives, have a democratic right to have some say in the making of those decisions. This approach is favourably contrasted with an alternative, citizenship, account which relies on contested, capacity-oriented, claims current within the field of animal ethics. (shrink)

Cosmopolitan justice calls for extensive institutional transformations at the international level. But in the absence of a global enforcing authority, such transformations are bound to be hampered by a range of obstacles, including non-compliance and coordination problems. What solutions can a cosmopolitan thinker offer to address these challenges? In answering this question, the paper focuses on the role that international cooperation between the world?s democracies can play in promoting cosmopolitan aspirations. It argues that such cooperation has a crucial role to (...) play in executing global justice reforms; and furthermore, that the world?s democracies have a moral duty to lead the way in implementing cosmopolitan justice. The paper then suggests that a ?League of Democracies? ? an intergovernmental organization which is open exclusively to the world?s democracies ? could potentially facilitate the type of democratic cooperation that is necessary for cosmopolitan justice. (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)

ABSTRACTIn this paper, I critique one way of arguing for global democracy on grounds of affected interests and defend another. A famous argument for global democracy, which I call the Demos-Based Argument, attempts to justify global democracy based on the claim that affected interests vindicate individual claims to democratic participation or representation. I analyze and evaluate the Demos-Based Argument and consider different ways of interpreting and justifying its crucial premise: the Principle of Affected Interests. The result is that the argument (...) fails. One lesson of the discussion of the Demos-Based Argument is that the most promising, though eventually unsuccessful, justification of the Principle of Affected Interests is utilitarian. Given the failure of the Demos-Based Argument, the question suggests itself if there is another way to argue for global democracy on utilitarian grounds. I will outline a promising alternative argument for global democracy, which I call the Direct Argument. Like the De... (shrink)

How to demarcate the political units within which democracy will be practiced? Although recent years have witnessed a steadily increasing academic interest in this question concerning the boundary problem in democratic theory, social contract theory’s potential for solving it has largely been ignored. In fact, contract views are premised on the assumption of a given people and so presuppose what requires legitimization: the existence of a demarcated group of individuals materializing, as it were, from nowhere and whose members agree among (...) themselves to establish a political order. In order to fill this gap in social contract theory, a distinction is made between three kinds of contract views: Lockean political voluntarism, contractarianism, and contractualism. Each of these views can be interpreted in such a way that it offers a democratic solution to the boundary problem. Ultimately, however, a Rawlsian interpretation of the contractualist solution is defended. (shrink)

Citizenship and residency are basic conditions for political inclusion in a democracy. However, if democracy is premised on the inclusion of everyone subject to collectively binding decisions, the relevance of either citizenship or residency for recognition as a member of the polity is uncertain. The aim of this paper is to specify the conditions for being subject to collective decisions in the sense relevant to democratic theory. Three conceptions of what it means to be subject to collectively binding decisions are (...) identified and examined, referring to those subject to legal duties and legal powers or to those subject to legal duties and state institutions. The contrast between them is most clearly illustrated in relation to non-residents, those not present in the territory of the state. The extraterritorial dimension of the law thus highlights a fundamental ambiguity in the theory of democracy concerning the extension of political rights. (shrink)

It is normally taken for granted that states have a right to control immigration into their territory. When immigration is raised as a normative issue two questions become salient, one about what the right to exclude is, and one about whether and how it might be justified. This paper considers the first question. The paper starts by noting that standard debates about immigration have not addressed what the right to exclude is. Standard debates about immigration furthermore tend to result either (...) in fairly strong cases for open borders or in denials that considerations of justice apply to immigration at all, which results in state discretion positions. This state of debate is both theoretically unsatisfactory and normatively implausible. The paper therefore explores an alternative approach to the right to exclude immigrants from the perspective of recent debates about the territorial rights of states. The right to exclude claimed by states is analysed and it is shown to differ both conceptually and normatively from rights to impose political authority within a territory. The paper finally indicates how this analysis might broaden the focus of debates about immigration and suggest alternative regimes of migration regulation the possibility of which is obscured by traditional justice approaches. (shrink)

Populism is widely thought to be in tension with liberal democracy. This article clarifies what exactly is problematic about populism from a liberal–democratic point of view and goes on to develop...

Modern thinking about democracy is largely governed by the concept of constituent power. Some versions of the concept of constituent power, however, remain haunted by the spectre of totalitarianism. In this article, I outline an alternative view of the identity of the people whose constituent power generates democratic authority. Broadly speaking, constituent power signifies the idea that all political authority, including that of the constitution, must find its source in some idea of ‘the people’, whose authority is never exhausted by (...) constituted power. The deficiency I seek to address is that of asking who the people is to whom any claim of authority refers, while avoiding the pitfalls of totalitarianism. I show the most famous totalitarian view of constituent power – advanced by Carl Schmitt – to be not only politically unsavoury but also ontologically unjustified. To outline my alternative view, I draw on Jacques Derrida’s concept of just decisions to argue that the undecidable inaugurates collective responsibility by demanding a response. This suggests a view of ‘the people’ as a doing rather than a being. I conclude by showing how this avoids totalitarian views of popular sovereignty by demonstrating its congruency with Claude Lefort’s democratic theory as opposed to totalitarianism. (shrink)