New technologies are the source of uncertainties about the applicability of moral and morally connotated concepts. These uncertainties sometimes call for conceptual engineering, but it is not often recognized when this is the case. We take this to be a missed opportunity, as a recognition that different researchers are working on the same kind of project can help solve methodological questions that one is likely to encounter. In this paper, we present three case studies where philosophers of technology implicitly engage (...) in conceptual engineering (without naming it as such). We subsequently reflect on the case studies to find out how these illustrate conceptual engineering as an appropriate method to deal with pressing concerns in the philosophy of technology. We have two main goals. We first want to contribute to the literature on conceptual engineering by presenting concrete examples of conceptual engineering in the philosophy of technology. This is especially relevant, because the technologies that are designed based on the conceptual work done by philosophers of technology potentially have crucial moral and social implications. Secondly, we want to make explicit what choices are made when doing this conceptual work. Making explicit that some of the implicit assumptions are, in fact, debated in the literature allows for reflection on these questions. Ultimately, our hope is that conscious reflection leads to an improvement of the conceptual work done. (shrink)

In the past few decades, there has been a growing literature on relational egalitarianism. Relational egalitarianism is a view on the nature and value of equality. In contrast to the dominant view in recent debates on equality—distributive egalitarianism, on which equality is about ensuring people have or fare the same in some respect—on the relational view, equality is a matter of the terms on which relationships are structured. But what exactly does it mean for people to relate as equals? And (...) why are relations of equality valuable? Relational egalitarians have offered quite different answers to each of these questions. In this article, I draw attention to some key issues that underlie these disagree- ments, and I offer a taxonomy of different viewpoints that have emerged in the recent literature on these matters. (shrink)

In this paper we show how a realistic normative democratic theory can work within the constraints set by the most pessimistic empirical results about voting behaviour and elite capture of the policy process. After setting out the empirical evidence and discussing some extant responses by political theorists, we argue that the evidence produces a two-pronged challenge for democracy: an epistemic challenge concerning the quality and focus of decision-making and an oligarchic challenge concerning power concentration. To address the challenges we then (...) put forward three main normative claims, each of which is compatible with the evidence. We start with a critique of the epistocratic position commonly thought to be supported by the evidence. We then introduce a qualified critique of referenda and other forms of plebiscite, and an outline of a tribune-based system of popular control over oligarchic influence on the policy process. Our discussion points towards a renewal of democracy in a plebeian but not plebiscitarian direction: Attention to the relative power of social classes matters more than formal dispersal of power through voting. We close with some methodological reflections about the compatibility between our normative claims and the realist program in political philosophy. (shrink)

ABSTRACTIn this paper I defend a form of epistocracy I call limited epistocracy – rule by institutions housing expertise in non-political areas that become politically relevant. This kind of limited epistocracy, I argue, isn't a far-off fiction. With increasing frequency, governments are outsourcing political power to expert institutions to solve urgent, multidimensional problems because they outperform ordinary democratic decision-making. I consider the objection that limited epistocracy, while more effective than its competitors, lacks a fundamental intrinsic value that its competitors have; (...) namely, political inclusion. After explaining this challenge, I suggest that limited epistocracies can be made compatible with robust political inclusion if specialized institutions are confined to issuing directives that give citizens multiple actionable options. I explain how this safeguards citizens’ inclusion through rational deliberation, choice, and contestation. (shrink)

In the debate on how we ought to define political freedom, some definitions are criticized for implying that no one can ever be free to perform any action. In this paper, I show how the possibility of freedom depends on a definition that finds an appropriate balance between absence of interference and protection against interference. To assess the possibility of different conceptions of freedom, I consider the trade-offs they make between these two dimensions. I find that pure negative freedom is (...) clearly possible. Republican freedom might also be possible, though its protection requirement is too vague for a definitive verdict. Finally, the recently proposed ‘freedom as independence’ is impossible since it is an attempt to avoid the unavoidable trade-off. (shrink)

In this paper I propose and develop a social account of global autonomy. On this view, a person is autonomous simply to the extent to which it is difficult for others to subject her to their wills. I argue that many properties commonly thought necessary for autonomy are in fact properties that tend to increase an agent’s immunity to such interpersonal subjection, and that the proposed account is therefore capable of providing theoretical unity to many of the otherwise heterogeneous requirements (...) of autonomy familiar from recent discussions. Specifically, I discuss three such requirements: (i) possession of legally protected status, (ii) a sense of one’s own self-worth, and (iii) a capacity for critical reflection. I argue that the proposed account is not only theoretically satisfying but also yields a rich and attractive conception of autonomy. (shrink)

Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops a critique of (...) surveillance that focuses on the question of political power in the public sphere. (shrink)

While it is a point of agreement in contemporary republican political theory that property ownership is closely connected to freedom as non-domination, surprisingly little work has been done to elucidate the nature of this connection or the constraints on property regimes that might be required as a result. In this paper, I provide a systematic model of the boundaries within which republican property systems must sit and explore some of the wider implications that thinking of property in these terms may (...) have for republicans. The boundaries I focus on relate to the distribution of property and the application of types of property claims over particular kinds of goods. I develop this model from those elements of non-domination most directly related to the operation of a property regime: (a) economic independence, (b) limiting material inequalities, and (c) the promotion of common goods. The limits that emerge from this analysis support intuitive judgments that animate much republican discussion of property distribution. My account diverges from much orthodox republican theory, though, in challenging the primacy of private property rights in the realization of economic independence. The value of property on republican terms can be realized without private ownership of the means of production. (shrink)

It has been argued that the Internet and social media increase the number of available viewpoints, perspectives, ideas and opinions available, leading to a very diverse pool of information. However, critics have argued that algorithms used by search engines, social networking platforms and other large online intermediaries actually decrease information diversity by forming so-called “filter bubbles”. This may form a serious threat to our democracies. In response to this threat others have developed algorithms and digital tools to combat filter bubbles. (...) This paper first provides examples of different software designs that try to break filter bubbles. Secondly, we show how norms required by two democracy models dominate the tools that are developed to fight the filter bubbles, while norms of other models are completely missing in the tools. The paper in conclusion argues that democracy itself is a contested concept and points to a variety of norms. Designers of diversity enhancing tools must thus be exposed to diverse conceptions of democracy. (shrink)

Philosophy and Phenomenological Research, EarlyView.

It is now widely accepted as an ideal that democracy should be as deliberative as possible. Democracy should not involve a tussle between different interest groups or lobbies in which the numbers matter more than the arguments. And it should not be a system in which the only arguments that matter are those that voters conduct in an attempt to determine where their private or sectional advantage lies. Democracy, it is said, should promote public deliberation among citizens and authorities as (...) to what does best for the society as a whole and should elicit decision-making on that basis. But the ideal of deliberative democracy has two components—the deliberative and the democratic—and often they pull apart. In this paper I look in the first section at a series of problems that arise on the deliberative front, arguing that their resolution requires various degrees of depoliticization. And then I ask in the second whether the depoliticizing responses that those problems require are antithetical to the ideal of democracy. I argue that they are not in tension with the ideal, if that ideal is cast in the relatively revisionary, two-dimensional form that I favour. (shrink)

This article extends property-owning democracy to the digital realm and introduces “data-owning democracy,” a new political economic regime characterized by the wide distribution of data as capital among citizens. Drawing on republican theory and acknowledging data's unique role in the digital economy, it proposes a two-tier model that combines different modes of data ownership and corresponding rights. The first layer of “data-owning democracy” is characterized by a digital public infrastructure that enables citizens to collectively generate data and have a say (...) in how their citizen data are used. In the second layer, individuals automatically receive machine-readable copies of their data whenever they are generated—a slightly more advanced form of the European Union's existing right to data portability (Art. 20). With its focus on empowerment, data-owning democracy is designed to be complementary to existing data protection regulations. It also illustrates how political theory more broadly, and republican theory specifically, can be instructive for specifying the normative components of a new political economy dealing with questions of empowerment and digital rights. (shrink)

After distinguishing different species of Legal Moralism I outline and defend a modest, positive Legal Moralism, according to which we have good reason to criminalize some type of conduct if it constitutes a public wrong. Some of the central elements of the argument will be: the need to remember that the criminal law is a political, not a moral practice, and therefore that in asking what kinds of conduct we have good reason to criminalize, we must begin not with the (...) entire realm of wrongdoing, but with conduct falling within the public realm of our civic life; the need to look at the different processes of criminalization, and to ask what kinds of consideration can properly figure in those processes; the need to attend to the relationship, and the essential differences, between criminal law and other modes of legal regulation. (shrink)

According to an influential objection, which Martha Nussbaum has powerfully restated, expressing anger in democratic public discourse is counterproductive from the standpoint of justice. To resist this challenge, this article articulates a crucial yet underappreciated sense in which angry discourse is epistemically productive. Drawing on recent developments in the philosophy of emotion, which emphasize the distinctive phenomenology of emotion, I argue that conveying anger to one’s listeners is epistemically valuable in two respects: first, it can direct listeners’ attention to elusive (...) morally relevant features of the situation; second, it enables them to register injustices that their existing evaluative categories are not yet suited to capturing. Thus, when employed skillfully, angry speech promotes a greater understanding of existing injustices. This epistemic role is indispensable in highly divided societies, where the injustices endured by some groups are often invisible to, or misunderstood by, other... (shrink)

This paper develops a novel conception of freedom of thought as the right to epistemic self-realization. The recognition of this right is characterized here as a modally robust normative status that I think one has as a potential knower in an epistemic community. It is a status that one cannot enjoy without a specific form of institutionalized intellectual respect and support. To explain and defend this conception of freedom of thought, it is contrasted here with more traditionally “negative” conceptions of (...) freedom of thought, in terms of not being interfered with. It is also contrasted here with a “positive” conception of freedom of thought derived from a recently prominent account of doxastic agency as grounded in the rational capacity to self-determine one's own response to reasons. In both cases, the crux of the argument in this paper is that a conception of freedom of thought as a right to epistemic self-realization makes better sense of why we fear the counter-liberatory forces of propaganda and regulated thinking, and also why we hold out hope for the liberating potential of education and critical engagement with expertise in the public sphere. (shrink)

This article critically examines the domination exerted by big digital companies on the current social, economic, and political context of modern societies, with a particular focus on the implications for the proper functioning of democracy. The objective of this article is to introduce and develop the concept of datafeudalism, expose its emergence for the proper functioning of modern societies and democracy, and to propose courses of action to reverse this situation. To achieve this purpose, firstly, the evolution from surveillance capitalism (...) to datafeudalism will be discussed. Secondly, the structures and operating logic of data feudalism will be analyzed. Thirdly, the harmful impacts of datafeudalism on the proper functioning of the democratic systems of the European Union will be examined. Finally, an attempt will be made to outline courses of action that will make it possible to reverse the situation of economic, social and political tyranny exercised by big digital companies through datafeudalism. (shrink)

There is an ongoing increase in the use of mobile health technologies that patients can use to monitor health-related outcomes and behaviours. While the dominant narrative around mHealth focuses on patient empowerment, there is potential for mHealth to fit into a growing push for patients to take personal responsibility for their health. I call the first of these uses ‘medical monitoring’, and the second ‘personal health surveillance’. After outlining two problems which the use of mHealth might seem to enable us (...) to overcome—fairness of burdens and reliance on self-reporting—I note that these problems would only really be solved by unacceptably comprehensive forms of personal health surveillance which applies to all of us at all times. A more plausible model is to use personal health surveillance as a last resort for patients who would otherwise independently qualify for responsibility-based penalties. However, I note that there are still a number of ethical and practical problems that such a policy would need to overcome. The prospects of mHealth enabling a fair, genuinely cost-saving policy of patient responsibility are slim. (shrink)

This article compares the ‘enfranchisement lottery’, a novel method for allocating the right to vote, with universal suffrage. The comparison is conducted exclusively on the basis of the expected consequences of the two systems. Each scheme seems to have a relative advantage. On the one hand, the enfranchisement lottery would create a better informed electorate and thus improve the quality of electoral outcomes. On the other hand, universal suffrage is more likely to ensure that elections are seen to be fair, (...) which is important for political stability. This article concludes that, on balance, universal suffrage is prima facie superior to the enfranchisement lottery. Yet the analysis shows that the instrumental case for the ‘one person, one vote’ principle is less conclusive than democratic theorists usually suppose. (shrink)

Most nonhuman animals live on the terms imposed on them by human beings. This condition of being under the mastery of another, or domination, is what republicanism identifies as political unfreedom. Yet there are several problems that must be solved in order to successfully extend republicanism to animals. Here I focus on the question of whether freedom can be a benefit for individuals without a free will. I argue that once we understand the grounds that make freedom a desirable property (...) of choices, we can see how it is appropriate to predicate it of those made by any sentient agent. (shrink)

This article argues that current economic upheaval should be understood as a problem of domination, in two respects: the ‘dyadic’ domination of one actor by another, and the ‘structural’ domination of individuals by a diffuse, decentralized, but nevertheless human-made system. Such domination should be contested through specifically democratic political mobilization, through institutions and practices that expand the political agency of citizens themselves. The article advances this argument by synthesizing two traditions of political thought. It reconstructs radical democratic theory from the (...) Progressive Era. These thinkers in turn help to reinforce contemporary debates in neorepublican thought, resolving disputes over the scope of domination and the relationship between domination and democracy. This synthesis offers a novel normative framework for diagnosing and responding to the current combination of economic upheaval and political dysfunction. (shrink)

To nudge is to design choice contexts in order to improve choice outcomes. Richard Thaler and Cass Sunstein emphatically endorse nudging but reject more restrictive means. In contrast, I argue that the behavioral psychology that motivates nudging also motivates what may be called jolting — i.e. the design of choice content. I defend nudging and jolting by distinguishing them from the sometimes oppressive means with which they can be implemented, by responding to some common arguments against nudging, and by showing (...) how respect for preferences over option sets and their aggregate properties may require the trimming of option sets, as well as helpful choice contexts. (shrink)

The Lockean theory of property licenses unilateral appropriation on the condition that there be ‘enough, and as good left in common for others’. However, the meaning of this proviso is all but clear. This article argues that the proviso is centered around the Lockean theory of freedom. To be free, I argue, we must be ‘non-subjected’ in the exercise of our rights, including our rights to appropriate. We enjoy such freedom only when the ability to exercise our rights does not (...) depend on others. That can obtain if literally enough and as good is left in common. But it can also obtain in other ways, for example through competitive labour markets. The latter offer something as good as ‘enough and as good’. (shrink)

Many problems of inequality in developing countries resist treatment by formal egalitarian policies. To deal with these problems, we must shift from a distributive to a relational conception of equality, founded on opposition to social hierarchy. Yet the production of many goods requires the coordination of wills by means of commands. In these cases, egalitarians must seek to tame rather than abolish hierarchy. I argue that bureaucracy offers important constraints on command hierarchies that help promote the equality of workers in (...) bureaucratic organizations. Bureaucracy thus constitutes a vital if limited egalitarian tool applicable to developing and developed countries alike. (shrink)

The idea of wage slavery is often regarded with suspicion even among critics of capitalism. Sceptics note the dubious racial politics associated with its use, while recording many differences between the condition of waged workers and chattel slaves. However, these objections are more plausible on some conceptions of wage slavery than others. I look to the history of political thought to recover and reformulate a more defensible account, drawing on a neo-Roman understanding of slavery as subjection to another’s will (rather (...) than as ownership or social death). I demonstrate not only that a neo-Roman vocabulary was taken up by abolitionists, but recount how radical republicans used it to criticise the wage relation and call for the socialisation of property. This neo-Roman approach is shown to represent a break with more paternalistic appeals to wage slavery made by Tory radicals and Southern apologists for chattel slavery. However, in order to avoid cheapening the accusation of wage slavery, I argue that it only obtains when a worker’s ability to meet their most vital material needs is dependent on the will of employers. Thus, wage slavery becomes an extreme form of economic unfreedom, which does not encompass every case of worker domination. (shrink)

According to some collectivists, purposive groups that lack decision-making procedures such as riot mobs, friends walking together, or the pro-life lobby can be morally responsible and have moral duties. I focus on plural subject- and we-mode-collectivism. I argue that purposive groups do not qualify as duty-bearers even if they qualify as agents on either view. To qualify as a duty-bearer, an agent must be morally competent. I develop the Update Argument. An agent is morally competent only if the agent has (...) sufficient positive and negative control over updating their goal-seeking states. Positive control involves the general ability to update one’s goal-seeking states, whereas negative control involves the absence of other agents with the capacity to arbitrarily interfere with updating one’s goal-seeking states. I argue that even if purposive groups qualify as plural subjects or we-mode group agents, these groups necessarily lack negative control over updating their goal-seeking states. This creates a cut-off point for groups as duty-bearers: Organized groups may qualify as duty-bearers, whereas purposive groups cannot qualify as duty-bearers. (shrink)

I propose a theory of domination derived from republican political theory that is in contrast to the neo-republican theory of domination as arbitrary interference and domination as dependence. I suggest that, drawing on of the writings of Machiavelli and Rousseau, we can see two faces of domination that come together to inform social relations. One type of domination is extractive dominance where agents are able to derive surplus benefit from another individual, group, or collective resource, natural or human. Another is (...) what I call constitutive domination where the norms, institutions, and values of the community shape the rationality of subjects to accept forms of power and social relations and collective goals as legitimate forms of authority. Each of these make up two faces of a broader theory of social domination that is more concrete and politically compelling than that put forth by contemporary neo-republican theory. I argue that this understanding of domination should be seen as a kind of ‘radical republicanism’ where the centrality of asymmetrical power relations are placed at the centre of all political concerns. I end by considering the relevance of the common interest as a central means by which to judge the existence of these kinds of domination as well as establish a convincing evaluative criteria for critical judgment. (shrink)

This paper defends a distinctly liberal approach to public health ethics and replies to possible objections. In particular, I look at a set of recent proposals aiming to revise and expand liberalism in light of public health's rationale and epidemiological findings. I argue that they fail to provide a sociologically informed version of liberalism. Instead, they rest on an implicit normative premise about the value of health, which I show to be invalid. I then make explicit the unobvious, republican background (...) of these proposals. Finally, I expand on the liberal understanding of freedom as non-interference and show its advantages over the republican alternative of freedom as non-domination within the context of public health. The views of freedom I discuss in the paper do not overlap with the classical distinction between negative and positive freedom. In addition, my account differentiates the concepts of freedom and autonomy and does not rule out substantive accounts of the latter. Nor does it confine political liberalism to an essentially procedural form. (shrink)

A prominent political historian has recently identified unwarranted optimism and unwarranted pessimism as democracy's “dual dangers.” While this historical analysis highlights the difficulties that accompany democratic hope, our prevailing conceptual vocabulary obscures the resources needed to address them. This essay attempts to recover these resources by excavating insights from Thomas Aquinas, who supplies one of the most systematic accounts of hope in the history of religious and political thought. By appropriating the conceptual structure of Thomas's theological virtue of hope, this (...) essay reconstructs a democratic virtue that perfects acts of hoping in fellow citizens to achieve democratic goods and thereby enables citizens to respond properly to difficulties that tempt presumption and despair. (shrink)

Contemporary republicans have adopted a less-than-charitable attitude toward private beneficence, especially when it is directed to the poor, worrying that rich patrons may be in a position to exercise arbitrary power over their impoverished clients. These concerns have led them to support impartial public provision by way of state welfare programs, including an unconditional basic income (UBI). In contrast to this administrative model of public welfare, I will propose a competitive model in which the state regulates and subsidizes a decentralized (...) and nonstatist provision of support for the poor. This model will fix the historically objectionable features of private provision by having the state prevent collusion among private charities, deliver information to recipients about alternative sources of assistance, and give substantial grants to charities as well as tax incentives and vouchers to donors. I will contend that such an approach would do a better job of minimizing domination of the poor than traditional welfare states and may prove more politically feasible than a UBI, at least in the near term in certain national contexts. (shrink)

The republican revival in political philosophy, political theory, and legal theory has produced an impressive range of novel interpretations of the historical figures of the republican tradition. It has also given rise to a variety of contemporary neo-republican theories that build on its historical themes. Although there have been some feminist discussions of its historical representatives, neo-republicanism has not generated a great deal of enthusiasm among feminists. The present paper examines Phillip Pettit's theory of freedom as nondomination in order to (...) assess its potential usefulness for those with feminist goals. It defends Pettit's account of interpersonal domination from certain feminist objections, but argues that his account of state domination needs to be amended if it is fully to protect the interests of women and other groups. (shrink)

This article argues that it is not necessary to abolish all incidents of animal ownership in order to achieve justice for them. It claims that ownership does not grant owners a right to absolute control of their property. Rather, it argues that ownership is a much more qualified concept, conveying different rights in different contexts. With this understanding of ownership in mind, the article argues that it is possible for humans to own animals and at the same time to treat (...) them justly: to recognize that they possess moral status; to assign them meaningful rights; and to consider their interests equally. (shrink)

The article elaborates an original intertwined reading of republican theory, deliberative democracy and political equality. It argues that republicans, deliberative democrats and egalitarian scholars have not paid sufficient attention to a number of features present in these bodies of scholarships that relate them in mutually beneficial ways. It shows that republicanism and deliberative democracy are related in mutually beneficial ways, it makes those relations explicit, and it deals with potential objections against them. Additionally, it elaborates an egalitarian principle underpinning the (...) resulting model that I label Equality of Access and Deliberation. The upshot of these considerations is a novel and mutually reinforcing interrelated three-tiered theoretical and institutional proposal. (shrink)

The philosophical debate on secession has hitherto revolved primarily around the question of self-determination rather than that of distributive justice. Normative theorists of secession have approached the question of secession mostly in terms of the right that the secessionist group has to secede. Much less attention has been paid to the extent and the nature of obligations or duties that the seceding group might have toward the group it is leaving behind. At best, secession theorists have introduced clauses to the (...) effect that secession should not undermine the remainder state’s viability nor violate prior arrangements of reciprocal cooperation. While these clauses certainly reflect a certain concern for distributive justice, I argue that they are insufficient in two respects: they are problematically minimal in what they require, and the justification given for these clauses accounts only for part of the normative picture. In this paper, I address these two shortcomings by arguing that the seceding group might have significant duties of distributive justice toward the remainder group, and that these duties are associative in nature and stem from a concern to secure non-domination within the pre-secession polity. What is gained from my non-domination account, then, is that it is analytically more comprehensive and normatively more accurate. In arguing for claims and, the paper contributes both to the debate on secession as well as to the conceptualization of associative duties and of non-domination. (shrink)

Recently, some authors have claimed that, from a republican perspective, market relations are dominating. However, _prima facie_, this idea does not fit within the (neo-)republican conceptualization of domination, which models domination on the master-slave relation. The aim of this article is to twofold. First, I try to argue that market relations can be seen as dominating. Second, I attempt to show that this can be done through an extension of the (neo-)republican conceptualization of domination. I try to achieve this by (...) comparing the master-slave relation with the accounts of those authors who maintain that market relations entail domination. This comparison reveals that there are fundamental similarities between the master-slave relation and the dynamics within market relations that are identified as dominating. What they have in common is the specific harm of domination, which I call the ‘logic of domination’. However, where the master-slave relation and market relations diverge is in the characteristics of the relation that causes the logic of domination to materialize. I argue that Pettit’s concept of discursive control allows us to extend his account of domination in such a way that we can conceive of market relations as dominating. (shrink)

In order to vindicate rational-choice theory as a mode of explaining social patterns in general - social patterns beyond the narrow range of economic behaviour - we have to recognize the legitimacy of explaining the resilience of certain patterns of behaviour: that is, explaining, not necessarily why they emerged or have been sustained, but why they are robust and reliable. And once we allow the legitimacy of explaining resilience, then we can see how functionalist theory may also serve us well (...) in social science; we lose the basis - the empty black box argumenton which the rational-choice critique of the theory has mostly been grounded. (shrink)

After an initial discussion (§i) of what a theory of criminal law might amount to, I sketch (§ii) the proper aims of a liberal, republican criminal law, and discuss (§§iii–iv) two central features of such a criminal law: that it deals with public wrongs, and provides for those who perpetrate such wrongs to be called to public account. §v explains why a liberal republic should maintain such a system of criminal law, and §vi tackles the issue of criminalization—of how we (...) should determine the proper scope of the criminal law. (shrink)

I argue that transnational democracy provides the basis for a solution to the problem of the “democratic circle”—that in order for democracy to promote justice, it must already be just—at the international level. Transnational democracy could be a means to global justice. First, I briefly recount my argument for the “democratic minimum.” This minimum is freedom from domination, understood in a very specific sense. Employing Hannah Arendt's conception of freedom as “the capacity to begin,” the form of nondomination sufficient for (...) the democratic minimum is the capability to initiate deliberation and thus democratic decision-making processes. My point in developing this argument further concerns the political form of a transnational polity: its citizens enjoy the democratic minimum as members of variousdemoi. In the case of the European Union, this leads to a potential for democratic domination. I call this thedemoiproblem, a difficulty that holds for any multilevel polity, for bounded as well as transnational political communities. Second, I argue that such domination is overcome so long as the capacity to initiate deliberation is distributed among various units and various levels. The democratic minimum could fail to obtain not only because individuals or groups are dominated by nondemocratic means, but also because they are dominated democratically to the extent that the demos of one unit lacks the normative power to initiate deliberation and thus is subordinated to others. (shrink)

Members of racial and sexual minorities often live in the fear of arbitrary interference from others—rogue police officers or sexual harassers. Are they unfree by dint of believing they are unfree? I draw on the republican theory of freedom—according to which we are unfree if we are subjected to a risk of arbitrary interference—to offer a qualified positive answer. I clarify the role of probabilistic judgements about risk in republican political theory. I argue that under specific circumstances, diagnoses of republican (...) freedom can be indexed to a certain belief about probability—what it is warranted for someone to believe in light of their distinctive epistemic perspective. (shrink)

Abstract“Freedom” is a fundamental political concept: contestations or endorsements of freedom-conceptions concern the fundamental normative orientation of sociopolitical orders. Focusing on “freedom,” this article argues that the project of bringing about emancipatory sociopolitical orders is both aided by efforts at engineering fundamental political concepts as well as required by such ameliorative ambitions. I first argue that since the absence of ideology is a constituent feature of emancipatory orders, any attempt at bringing about emancipation should leverage genealogical approaches in order to (...) debunk existing ideological freedom-concepts, which can occur only by exposing the discursive functions these have come to serve for the (re-)production of dominant power relations. I then suggest that establishing and sustaining an alternative, ideology-free conception of “freedom” is a steeper task. Ensuring widespread uptake of any ameliorated concept is contingent on effective change in the relevant social environment. Where fundamental political concepts such as “freedom” are concerned, effective intervention in the relevant social environment requires radical sociopolitical change. But if such change can be brought about and enables the widespread uptake of an “improved” freedom-concept, the concept's content comes to reflect changed social facts, thereby stabilizing the particular emancipatory sociopolitical order which has newly arisen. (shrink)

In this paper, I take issue with Arthur Isak Applbaum’s power-liability view of political legitimacy. In contrast to the traditional view that legitimate rule entails a moral duty to obey, here called the right-duty view, Applbaum argues that political legitimacy is a moral power that entails moral liability for the subjects of political rule. According to Applbaum, the power-liability view helps us explain how responsible citizens in some cases can act contrary to law while still recognizing the claims of law. (...) Against Applbaum’s attempt at establishing the power-liability view through conceptual analysis, I argue that we cannot specify the moral implications of de jure legitimacy without considering the moral argument that justifies the right to rule. I further argue that Applbaum’s normative account of political legitimacy implies commitment to a normative idea that forms the basis of a strong case in favor of the right-duty view. Finally, I argue that the present defense of the right-duty view has resources to account for the moral phenomena that prompt Applbaum’s advocacy of the power-liability view. (shrink)

On expectation, most wild animals have lives of net suffering due to naturogenic causes. Some have claimed that concern for their well-being gives us reasons to intervene in nature on their behalf. Against this, it has been said that many interventions to assist wild animals would be wrong, even if successful, because they would violate their freedom. According to the Freedom-based Approach I defend in this paper, this view is misguided. Concern for wild animal freedom does indeed gives us reasons (...) to secure these animals against control-undermining interferences, but also to intervene in nature in order to enrich their choices. (shrink)

My paper reconstructs Fichte's property theory and political economy in Foundations of Natural Right and The Closed Commercial State. Fichte's theory of property requires the rejection of the classical liberal theory of property rights. Fichte's alternative theory of property, in conjunction with his republican account of the state's role in guaranteeing individual rights, further requires the rejection of a market economy in favor of a planned economy. For Fichte's view entails the normative necessity of a political economy in which the (...) production and transfer of goods and services, across large sectors of the economy, are mandated by the state in advance in accordance with an economic plan. As a result, Fichte reconceives his contractualism as necessarily including the negotiation of a state‐enforced plan for eco- nomic activity. Thus, Fichte's new theory of property in Foundations of Natural Right has extremely wide‐ranging implications for the rest of his political and economic thought. The negotiation of fair terms of political associa- tion characteristic of classical contractualist thought becomes in Fichte's hands the negotiation of an economic plan that defines each individual's socioeconomic rights. I conclude with some brief remarks on the sense in which Fichte's theory serves as a cautionary tale for later socialists. (shrink)

This essay reviews contemporary theories of public justification. In particular, it argues that conceptions of public justification and public reason have moved significantly beyond Rawls.

Discourse between pupils represents a core element of citizenship education in England. However, as it is currently presented within the curriculum, discourse adopts the form of the rather broad terms of 'discussion' and 'debate'. These terms are diffuse, and in themselves offer little pedagogical guidance for teachers implementing the curriculum in schools. Moreover, there has been little academic reflection in England as to how theoretical ideas on civic dialogue may usefully inform approaches to pupil discourse. For this reason, how pupils (...) experience discursive learning activities is likely to depend on how individual schools and teachers understand the terms 'discussion' and 'debate' and the way in which this understanding is translated into pupil learning activities. This article explores how recourse to deliberative democratic theory, and in particular to the principle of contestatory deliberative democracy found within recent republican writing, may be useful in helping educators to consider critically the capacities needed for effective civic discourse as a well as the outcomes of pupils' dialogical engagement. (shrink)