This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social and global justice, based on the core-ideas of freedom as non-domination and autonomy as non-alienation. As the (...) author argues, republicans should endorse a sufficientarian account of social justice, which focuses on the nature of social relationships and their effects on people's ability to act freely and realize their fundamental interests. On the global level, the book argues for the cosmopolitan extension of the republican principles of non-domination and non-alienation within a multi-level democratic system. In so doing, the book addresses a major gap in the existing literature, presenting an original theory of justice, which combines Hegelian recognition theory and republican ideas of freedom, and applying this hybrid theory to the global domain. Fabian Schuppert creates a grand synthesis uniting neo-republican insights on freedom with Hegelian recognition theory. The result is an account of agency that arises from the idea of non-domination whose aim it is to safeguard individual freedom. When combined with Hegelian recognition theory a social focus also emerges. This amalgam comments on many of the major disputes concerning global justice from a cosmopolitan perspective. Because of the broad scope and the many contemporary discussions engaged this book will be of keen interest to scholars as well as a welcome addition to the classroom. (shrink)

Demokratien geraten zunehmend unter Druck. Dabei wird die Bedeutung von Demokratie selbst zum Gegenstand der Auseinandersetzung. Diese Auseinandersetzungen nimmt der vorliegende Band zum Anlass, die Bedeutung von Demokratie grundsätzlich zu untersuchen. Mit dem Begriff der Konstituenzien sind dabei jene wesentlichen Bedingungen gemeint, die Demokratie ausmachen. Die meisten dieser Bedingungen sind normativ. Was Demokratie ist, wird auch und gerade dadurch bestimmt, was Demokratie sein sollte. Damit geht es um jene Normen, deren Verwirklichung politische Praktiken zu demokratischen Praktiken macht. Sind diese Normen (...) nur eingeschränkt verwirklicht, mindert sich der demokratische Gehalt von Politik. Inwieweit ist dann nun aber eigentlich der Fall? Und was können wir dagegen tun? Antworten auf diese Fragen geben einschlägige Vertreterinnen und Vertreter aus Philosophie, Politik- und Rechtswissenschaft. (shrink)

The nub of the following argument is that there is a conflict between the idea of (liberal) neutrality on the one hand, and an intuitively plausible idea of political representation on the other. The conflict arises when neutrality is seen as a condition for political legitimacy: neutralist political representation is only legitimate insofar as the representative does not advance political ideas based on conceptions of the good that are not endorsed by the whole of the (reasonable) polity. However, we often (...) encounter examples of political representation that do not live up to this demand but nevertheless seem legitimate. Hence, neutralists should explain either why this counterintuitive notion of representation does not follow from neutrality or explain what representatives are meant and allowed to do in such a political arrangement. A plausible neutralist rejoinder to this is to say that legitimacy is not dependent on neutrality for all political decisions. Neutrality is important (only or predominantly) regarding a certain body of political decisions, viz., using the Rawlsian idiom, 'constitutional essentials and matters of basic justice.' However, such a two-levelled approach is not without its problems. I argue that a skein of theoretical and practical challenges to the two-levelled approach undermines, or at least weakens, this attempt to solve the problem about representation and neutrality, and that the two-levelled approach is unclear in certain key aspects. The aim of the article is, however, quite modest. It is not to challenge neutrality per se ; rather, it is a call for further clarification of the issues pertaining to the relationship between neutrality and representation. (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)

To be successful, policy must anticipate a broad range of constituents. Yet, all too often, technology policy is written with primarily mainstream populations in mind. In this article, drawing on Value Sensitive Design and discount evaluation methods, we introduce a new method—Diverse Voices—for strengthening pre-publication technology policy documents from the perspective of underrepresented groups. Cost effective and high impact, the Diverse Voices method intervenes by soliciting input from “experiential” expert panels. We first describe the method. Then we report on two (...) case studies demonstrating its use: one with a white paper on augmented reality technology with expert panels on people with disabilities, people who were formerly or currently incarcerated, and women; and the other with a strategy document on automated driving vehicle technologies with expert panels on youth, non-car drivers, and extremely low-income people. In both case studies, panels identified significant shortcomings in the pre-publication documents which, if addressed, would mitigate some of the disparate impact of the proposed policy recommendations on these particular stakeholder groups. Our discussion includes reflection on the method, evidence for its success, its limitations, and future directions. (shrink)

After recognizing that technologies are socially constructed, questions arise concerning how technologies should be constructed, by what processes, and granting how much influence to whom. Because partisanship, uncertainty, and disagreement are inevitable in trying to answer these questions, reconstructivist scholarship should embrace the desirability of thoughtful partisanship, should focus on strategies for coping intelligently with uncertainties, and should make central the study of social processes for coping with disagreement regarding technoscience and its utilization. That often will entail siding with have-nots, (...) meaning that reconstructivist scholars often will be opposing the behaviors of government, business, and technoscientific elites. Because reconstructivists normally will be outnumbered, we need to devote more systematic professional attention to setting our collective agenda concerning what is most worth researching. (shrink)

Quotas, including youth quotas for representative institutions, are usually evaluated from within the social justice discourse. That discourse relies on several questionable assumptions, seven of which I critically address and radically revise in this contribution from a libertarian perspective. Temporal justice then takes on an entirely different form. It becomes a theory in which responsibilities are clear and cannot be shifted onto the shoulders of the weak and innocent. I shall only briefly sketch some outlines and general implications of such (...) a theory, arguing that it offers too little guidance for our imperfect world. While that implies more tolerance for quotas, I nevertheless propose an alternative more suited to a representative, deliberative democracy: veto rights. (shrink)

Bruno Latour purports to transform political ecology by turning attention away from presumed damages to ‘nature’ and toward unproblematised scientific and social processes through which people and things stabilise their identities. He extends the categories of political representation to those processes in hopes of founding a ‘parliament of things’. Such an assembly would settle the terms of coexistence between people and things without undue deference to scientific knowledge claims and without a priori judgments about nature's value. This article challenges Latour's (...) reliance on the concept of representation on three grounds. First, his theory of subject-object ‘entanglements’ undermines traditional justifications of representation, and offers no convincing ethical limits to put in their place. Second, Latour describes environmental issues in ways that are inconsistent with representation by discrete spokespersons. Third, Latour's open-ended proceduralism provides no way of creating overarching, legitimate norms capable of resolving environmental disputes. Occasionally, however, Latour hints at constitutionally structured reforms that might help overcome these objections – provided that they drew lessons from theories of deliberative democracy. (shrink)

One of the greatest challenges facing current generations is the environmental and climate crisis. Democracies, so far, have not distinguished themselves by their capacity to bring about appropriate political responses to these challenges. This is partly explicable in terms of a lack of state capacity in a globalized context. Yet we also argue that election-centered democracies suffer from several flaws that make them inapt to deal with this challenge properly: youth is not appropriately represented; parliaments suffer from a lack of (...) diversity; elected representatives’ time-horizon is too narrow; anti-regulation lobbies have too much influence. Considering this, we argue for rejuvenating our democratic systems by introducing a randomly selected legislative chamber, which would be permanently integrated to our political systems and would play a deliberative and scrutinizing role. We have identified four eco-political arguments in favor of such reform. The generational rebalancing argument, which we examine first, has some plausibility but is not the strongest. The other three arguments – its eco-epistemic promises; its wider time horizon; and the independence of its members from short-term corporate interests – however, appear to us to be much more convincing. (shrink)

In this article, we model FPTP systems as social preference rules and give two characterizations. We show that a social preference rule is an FPTP system if, and only if, it satisfies the axioms of subset consistency, district consistency, subset cancellation, and district cancellation. The second characterization consists of the axioms of subset consistency, subset anonymity, neutrality, topsonlyness, Pareto optimality, district consistency and district cancellation. The characterizations give us an opportunity to compare the characteristic properties of FPTP systems to the (...) characteristic properties that we found for list systems of proportional representation (list PR systems) in Hout et al. (Social Choice and Welfare, 27:459–475, 2006), where we modelled those systems also as social preference rules. We find that consistency and anonymity distinguish list PR systems from FPTP systems. On the other hand, it is district cancellation that distinguishes FPTP systems from list PR systems. (shrink)

Let it be a network of voices... A network of voices that not only speak, but also struggle and resist for humanity.

Commercial companies are increasingly being recognized as agents of societal governance operating alongside the public authorities in their traditional role as governance bodies. In addition, companies are claiming to be ‘corporate citizens’ in the way they deal with their environmental, employment and social/ethical responsibilities. Given the fact that large corporations are now heavily internationalized in their operational characteristics – with branches, subsidiaries, affiliates and extended supply chains operating in multiple jurisdictions – can such organizations be brought into a democratic register? (...) Citizenship and democracy are conventionally associated with a territorial state, national sovereignty and jurisdictional independence. So, how can internationalized companies be subject to democratic forms of governance? An added problem arises with platform companies and blockchain organized digital currency providers whose operations transcend national borders from the start. This contribution discusses the issues of and provides a way for considering corporate democracy afresh in these rapidly evolving contexts. (shrink)

Nonhuman animal studies scholars have extensively investigated attitudes on animal welfare in general and farm animal welfare in particular. Thus far, this research has focused mainly on public opinion, but there has been minimal research seeking to explain the influences on actual policymakers when they vote on farm animal welfare legislation. This paper contributes to this literature by quantitatively analyzing 216 state legislators’ votes on two farm animal welfare bills. It hypothesizes that the representatives’ personal and representational connections with agriculture (...) best explain their votes on these farm animal protection bills. This research also includes three control variables: each legislator’s gender, race/ethnicity, and political party. Logistic regression revealed that the legislators’ personal and representational connections with agriculture are significant, but political party is the strongest independent variable explaining state legislators’ farm animal welfare votes. An interaction model revealed mixed evidence that political party moderates the influence of agriculture. (shrink)

In Federalist 10 James Madison drew a functional distinction between “parties” (advocates for factional interests) and “judgment” (decision-making for the public good) and warned of the corrupting effect of combining both functions in a “single body of men.” This paper argues that one way of overcoming “Madisonian corruption” would be by restricting political parties to an advocacy role, reserving the judgment function to an allotted (randomly-selected) microcosm of the whole citizenry, who would determine the outcome of parliamentary debates by secret (...) ballot—a division of labour suggested by James Fishkin’s experiments in deliberative polling. The paper then defends this radical constitutional proposal against Bernard Manin’s (1997) claim that an allotted microcosm could not possibly fulfil the “consent” requirement of Natural Right theory. Not only does the proposal challenge Manin’s thesis, but a 28 th Amendment implementing it would finally reconcile the competing visions that have bedevilled representative democracy since the Constitutional Convention of 1787. (shrink)

Intellectual history in the United States has long borne a peculiarly close kinship to social history. The twin fields rose together a century ago in a filial revolt against the cloistered, conservative study of political institutions. Sharing a progressive interest in social thought and social reform, they joined in the self-styled “social and intellectual history” of the interwar decades. After mid-century, however, they moved in divergent directions. Many social historians adopted the quantitative methods of the social sciences, documenting the diverse (...) experiences of workers, women, immigrants, slaves, native peoples, and others often marginalized in the textual record as well as the property regimes, modes of production, patterns of inheritance and mobility, and large-scale demographic and environmental forces that governed their lives. Intellectual historians tended to favor the qualitative evidence gleaned from the more cohesive letters and libraries of traditional elites, specializing in close readings of the intricate discursive, aesthetic, and spiritual templates of social experience found in religion, science, philosophy, political theory, and art and literature. Both subdisciplines had come into parallel crises by the 1980s, chastened by postmodern attacks on “master narratives” of any kind, whether idealist or materialist. In the decades since, social historians have sought a more nuanced consideration of thought and culture, while intellectual historians have at once broadened the range of their subjects and sources and limited more carefully the claims they make for them. (shrink)

This lecture presents the text of the speech about the genealogy of the modern state delivered by the author at the 2008 British Academy Lecture. It explains that to investigate the genealogy of the state is to discover that there has never been any agreed concept to which the word state has answered. The lecture suggests that any moral or political term that has become so deeply enmeshed in so many ideological disputes over such a long period of time is (...) bound to resist any efforts at definition. (shrink)

This article articulates a neo-pragmatist theory of human rights by drawing and expanding upon the American classical pragmatism of G.H. Mead. It characterizes this neo-pragmatist theory of rights by its anti-foundationalist, relational, fictive, and constitutive nature, and begins by providing a reconstruction of Mead’s social pragmatist approach to rights, a contribution systematically ignored by contemporary sociologists of rights. Next, it details the cost of this disciplinary oblivion by examining how much neo-pragmatism, critical theory, and legal consciousness studies have meanwhile gained (...) by engaging with Mead’s work on rights. Finally, it discusses the contributions of this historical-theoretical exercise to the rapidly growing sociology of rights, and shows that by supplementing the neo-Meadian approach with a recent interpretation of Hobbes’s fictional theory of politics, there appear to be substantive gains in the empirical study of the origins, consequences, meaning, and denial of rights. (shrink)

The Representative Claim is set to transform our core assumptions about what representation is and can be. At a time when political representation is widely believed to be in crisis, the book provides a timely and critical corrective to conventional wisdom on the present and potential future of representative democracy.

Os estudos sobre participação e os espaços participativos estão cada vez mais recorrentes nas diversas áreas das políticas públicas, no entanto, nas culturas populares e tradicionais tal debate ainda está incipiente; o que justifica a importância dos estudos desenvolvidos nesse segmento. Dessa maneira, este artigo visa contribuir para a ampliação das investigações e das discussões teóricas no âmbito do campo cultural brasileiro. Assim, são apresentados os resultados da pesquisa de doutorado sobre a participação política no Colegiado Setorial de Culturas Populares, (...) ente vinculado ao Conselho Nacional de Política Cultural (CNPC), que compõem o Ministério da Cultura, no Brasil. Neste artigo são feitos apontamentos obtidos a partir da análise da participação e representação da sociedade civil nesse órgão, tendo como base as reuniões e as atas desses encontros, as normas legais que regem o Colegiado, questionário estruturado para verificar a abrangência da instância e a representatividade dos membros da sociedade civil, bem como entrevistas semiestruturadas com os conselheiros; sendo que o período de realização da investigação foi de março de 2011 a dezembro de 2014. Dentre os resultados obtidos, verificou-se que a participação, apesar de seu potencial, ainda apresenta limitações e fragilidades para que se efetive em sua completude. Um dos obstáculos para maior êxito da instância é a questão da representatividade dos atores da sociedade civil. Além disso, conclui-se que o órgão ainda não possui o diálogo necessário com o segmento cultural, pois a maioria dos entrevistados do setor alega não ter conhecimentos sobre o Colegiado e suas ações. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 1, Page 128-150, January 2022. In this article, I engage with what relevant literature addresses as the ‘paradox of democracy’ and trace it back to the dialectic between authorization and representation established by social contract theories. To make my argument, I take Rousseau’s Social Contract as a paradigmatic example of the paradox and analyse it in light of Hegel’s critical response. My aim is to show that, although Rousseau rejects the idea of representing (...) the popular will, representation resurfaces in his Republic from top to bottom and engenders a structural opposition between citizens and rulers: drawing on the Hegelian scrutiny of contractarianism, I focus on three key moments in Rousseau’s theory, namely the Lawgiver, the majority rule and the executive power. After illustrating how the social contract undermines democratic participation in deliberative processes, I suggest that Hegel’s philosophy of right overcomes the paradox by positively assuming it as a dialectical contradiction that requires a specific constitutional approach to democracy. In this sense, I argue, the Hegelian perspective on democratic deliberation helps us to better frame Rousseau’s ambition to conceive the Republic as a free community of equals and urges us to elaborate a more coherent understanding of participation in a pluralistic society. (shrink)

In this article, I engage with what relevant literature addresses as the ‘paradox of democracy’ and trace it back to the dialectic between authorization and representation established by social contract theories. To make my argument, I take Rousseau’s Social Contract as a paradigmatic example of the paradox and analyse it in light of Hegel’s critical response. My aim is to show that, although Rousseau rejects the idea of representing the popular will, representation resurfaces in his Republic from top to bottom (...) and engenders a structural opposition between citizens and rulers: drawing on the Hegelian scrutiny of contractarianism, I focus on three key moments in Rousseau’s theory, namely the Lawgiver, the majority rule and the executive power. After illustrating how the social contract undermines democratic participation in deliberative processes, I suggest that Hegel’s philosophy of right overcomes the paradox by positively assuming it as a dialectical contradiction that requires a specific constitutional approach to democracy. In this sense, I argue, the Hegelian perspective on democratic deliberation helps us to better frame Rousseau’s ambition to conceive the Republic as a free community of equals and urges us to elaborate a more coherent understanding of participation in a pluralistic society. (shrink)

In the study of politics, Cambridge is sometimes associated with a school of political philosophical “realism.” This article discusses what realism in political philosophy might mean, by examining first what might count as “unrealistic” political philosophy (looking at Sidgwick and Rawls), and then some recent attempts to identify a more realistic philosophical approach to politics. It argues that realistic political philosophy tends to emerge as a thin account of politics that falls between the stools of either more philosophical (i.e., more (...) idealistic) or less philosophical (i.e., more historical) accounts. It illustrates this in relation to Sidgwick and also Hobbes, who is often held up as the quintessential realist in the history of political philosophy. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 3, Page 313-344, August 2022. This paper discusses why and how public attitudes should matter in regulating asylum and refugee protection in rich democracies, with a focus on Europe. Taking a realistic approach, I argue that public views constitute a soft feasibility constraint on effective and sustainable policies towards asylum seekers and refugees, and that a failure to take seriously and understand the attitudes of the host country’s population can have a very damaging (...) effect on refugee protection and migrants’ rights in practice. Bringing together insights from political philosophy, the politics of asylum, and research on public attitudes, I develop my argument by discussing why ‘what the people think’ should matter in asylum and refugee polices; how public views can and should matter given the well-known challenges with measuring attitudes and policy preferences; and what the prevailing public views might mean for the reform of asylum and refugee policies in Europe. (shrink)

Governments are increasingly inviting patient organizations to participate in healthcare policymaking. By inviting POs that claim to represent patients, representation comes into being. However, little is known about the circumstances under which governments accept POs as patient representatives. Based on the analysis of relevant legislation, this article investigates the criteria that self-help organizations, a special type of PO, must fulfil in order to be accepted as patient representatives by governments in Austria and Germany. Thereby, it aims to contribute to the (...) discussion on the role of governments in steering SHOs. There are different degrees of regulation. Governments in both countries not only formulate explicit criteria for SHOs with respect to patient representation but also guide SHOs representing patients through implicit criteria for associations. We discuss the findings against concepts of responsiveness, authorization, and accountability. Our findings indicate that governmental steering is not negative per se as indicated by previous research but—depending on legislative criteria—can promote transparency and democratic quality in patient representation. (shrink)

Mixed member legislative systems have proliferated in the last twenty years, and while our knowledge of the institutional impacts has grown, we have had difficulty in separating institutional and contextual (namely party) influences. Through an analysis of Taiwan before and after the implementation of a mixed member majoritarian (MMM) system, the level of contamination between tiers and variance between parties becomes clearer. Survey results show a marked shift in constituency focus for district candidates, moving from multimember to single-member districts, while (...) party list seats focus on district factors at higher rates post-reform. Variance between the two major parties further suggests differing levels of party pressure. (shrink)

Work occupies a central place in most people’s lives, yet a secondary one in most of political philosophy. This article attempts to show the negative theoretical consequences of this neglect by taking the example of the concept of constituent power as it appears in the writings of Emmanuel Joseph Sièyes and Karl Marx. Both authors conceived it as made up of the working classes. This, however, makes them both run into the same paradox: how to politically represent a class that (...) is characterised by a non-political activity – work? I argue that neither of them gives a satisfactory response since both rely on an implausible account of objective class interests based on fragile grounds. I conclude by showing that the political representation of workers is a theoretical and practical problem that the concept of constituent power is unable to resolve. (shrink)

In this article I discuss the advantages of a theory of political representation for a prag- matist theory of (global) democracy. I first outline Dewey’s disregard for political rep- resentation by analyzing the political, epistemological and aesthetic underpinnings of his criticism of the Enlightenment ideal of democracy and its trust in the power of the detached gaze. I then show that a theory of political representation is not only com- patible with a pragmatist Deweyan-pragmatist perspective on democratic politics but also (...) that Dewey’s concept of “publics”, if applied to contemporary circumstances of globalized politics, requires such a theory. I suggest a pragmatic theory of political rep- resentation that combines elements of Dewey’s aesthetics, particularly his own theory of vision, with Michael Saward’s conception of representative claim-making into the notion of aesthetic democratic representation. (shrink)

Political parties seem inclined to dogmatism. Understanding party politics via a plural-subject account of collective belief explains this phenomenon. It explains inter-party outrage at slight deviations from the party line and dogged refusals to compromise. It also aligns with an alternative theory of political representation. I argue that party dogmatism is unlikely to change and can be a democratic good. I conclude that not parties but patriots counteract the democratic ills of dogmatic party politics.

Prior generations’ electoral crises (e.g., gerrymandering) have dealt mainly with political maneuverings around geographical shifts. We analyze four recent (1998–2003) American electoral crises: the Clinton impeachment controversy, the 2000 Florida presidential election, the Texas legislators’ flight to Oklahoma and New Mexico, and the California gubernatorial recall. We show that in each case temporal manipulation was at least as important as geographical. We highlight emergent electoral practices surrounding the manipulation of time, which we dub “temporal gerrymandering.” We suggest a theory of (...) postmodern electoral crises, in which the rules of time and space are simultaneously in flux. These crises expose concerns with early American democratic theory, which was based on an understanding of “the people” as geographically and temporally unidimensional. Representative systems, therefore, were designed largely without reference to geographic and temporal complexity. (shrink)

It is commonly thought that when democratic states act wrongly, they should bear the costs of the harm they cause. However, since states are collective agents, their financial burdens pass on to their individual citizens. This fact raises important questions about the proper distribution of the state’s collective responsibility for its unjust policies. This article identifies two opposing models for sharing this collective responsibility in democracies: first, in proportion to citizens’ personal association with the unjust policy; second, by giving each (...) citizen an equal share of the costs. Proportional distribution is compatible with the principle of fairness. And yet, both in the literature and in political praxis we find many supporters for the equal sharing of the costs of unjust policies in democracies. How can equal distribution be defended on normative grounds? This article develops a defense that is grounded in citizens’ associative obligations. I argue that, at least in some democracies, one of the intrinsic values of the civic bond revolves around the joint formation and execution of worthy political goals. This social good generates the political associative obligation to accept an equal distribution of the costs of unjust policies. (shrink)

Most discussions of the relationship between liberty and security focus on the idea that enhancing citizens’ security may require imposing constraints on their civil liberties. This paper explores the question of how measures to enhance security stand vis à vis the idea of political liberty, i.e. the idea of citizens’ collectively directing the power of their state. It distinguishes two models whereby citizens might enact that ideal of self-rule and argues that with respect to issues of national security, the less (...) direct model, which entrusts political agents to make decisions beyond direct democratic input, will often be more appropriate. It argues as well that various practices often seen as fundamentally at odds with the ideal of rule by the people are in fact consistent with a reasonable construal of that ideal. It concludes by outlining various criteria that would have to be met for such practices to be morally permissible in democratic states. (shrink)

Recent debates within the autism advocacy community have raised difficult questions about who can credibly act as a representative of a particular population and what responsibilities that...

American democracy is not unconstrained or autonomous, but instead achieves what could be termed value representation. Rather than affording representation on policy issues, elections transmit priorities among competing normative ends, while elite politics address the more complex matching of ends and means within the value boundaries established by voters. This results in neither policy representation nor state autonomy, but instead in a specific and limited form of democratic representation.

Liberdade e poder são dois temas que se correlacionam ao longo da história da filosofia política moderna. Nos textos de Hobbes, a ideia da liberdade como ausência de impedimentos às ações ajuda-nos a pensar o dever de obediência ao poder soberano e as relações entre política e direito. Uma situação de vácuo jurídico, em que tudo é permitido, faz-se, contudo, impossível, de modo que a solução de Hobbes consiste em sustentar a ideia do direito natural como direito originário individual vinculado (...) à preservação da vida. Suas ideias do direito natural e da lei natural, que servem de fundamento ao dever de obediência ao soberano, amparam-se em princípios jurídicos, teológicos e biológicos. Tais princípios, entretanto, não dão conta da questão da extensão do poder soberano. Hobbes recorre à análise da linguagem. Sua teoria contratual afirma o princípio de preservação da vida na base da política e sustenta a ideia da criação e da manutenção do poder soberano no ato de linguagem implicado na estrutura representativa do pacto político. (shrink)

This article turns to the issue of political representation that I argue is central to all forms of political thought and practice of the modern period. Taking political representation as its object, I argue that its crisis—that comes to a head in the travails of the Weimar Republic—provided the opportunity for forms of neoliberal representation to displace political representation with purportedly “neutral”, non-partisan and thus “fair” representational tools. In contrast, I seek to develop the idea of “self-representation” with a discussion (...) of paths not chosen at Weimar and via Italianoperaismo’s reflections on “class composition”, which combines collective self-representation with political organization. Representing each member of a collective to another as it develops epistemic and cartographic tools, it constructs group solidarity, organization and the capacity to act as it reclaims the collectivity alienated in modern political forms of representation and excluded from neoliberal ones. (shrink)

The case for gender equality on the bench wouldseem too uncontroversial to requirejustification. Yet the practical realities ofthe slow progress of women towards equality ofparticipation both quantitative and qualitativein the judiciary testifies to the continuingneed to argue the case for change. To date, theprimary rationale for promoting gender equalityhas been that women will bring a uniquecontribution to the bench as a result of theirdifferent life experiences, values andattitudes. Such arguments derived fromdifference theory have had a strong appealsince they appear to (...) give legitimacy to theundervalued attributes traditionally associatedas feminine while also promoting the meritprinciple by claiming to improve the quality ofjustice. However, this article argues thatdifference theory arguments are theoreticallyweak, empirically questionable andstrategically dangerous. Instead, it argues forthe adoption of a rationale for gender equalitybased on equity and legitimacy; that equalparticipation of men and women in the justicesystem is an inherent and essential feature ofa democracy without which the judiciary willlose public confidence. This approach, thoughless immediately appealing, is ultimately moresound. (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)

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)

Poder-se-ia afirmar que os valores e ideais da modernidade conduzem à constituição das instituições do Estado Democrático de Direito. Trata-se de um longo e intrincado processo de feitura cujo resultado pode ser rastreado a partir de um complexo conjunto de visões teóricas e compromissos institucionais: princípios dos liberalismos político e filosófico, constitucionalismo e democracia deliberativa. Tal percurso revela-se acidentado, no entanto há uma presença constante entre os críticos da modernidade. Trata-se da perspectiva antiliberal de algumas posições conservadoras. Contemporaneamente, o quadro (...) das democracias ocidentais permite-nos rastrear as dimensões dessa críticatanto no que diz respeito às instituições representativas, quanto àinterpretação do papel e escopo de atuação do Direito no controle dos atos do Executivo. Ambas as posições se encontram vinculadas nos movimentos encetados por populistas plebiscitários em defesa de uma democraciailiberal. No presenteartigo, que se oferece como uma carta ou mapa de intenções para um plano de pesquisa futura, buscamos rastrear as bases de ambos os braços da crítica ao arranjo liberal das democracias constitucionais nas influências schmittianas sobre as reflexões de uma democracia iliberal parceira de um constitucionalismo do bem comum. (shrink)

Several authors have recently stressed the constitutive and ubiquitous nature of representation, which, as a result, can no longer be conceived as a relation between pre-existing entities. This has important consequences for democratic representation, traditionally thought in terms of authorization, accountability or representativity. This article argues that Jacques Rancière’s political philosophy makes a fruitful contribution to the necessary rethinking of democratic representation. Although Rancière never systematically developed a theory of representation, this concept is shown to constitute a red thread throughout (...) his political writings. His main contribution consists in shifting the focus from the relation between representative and represented to the relation between the distribution of the sensible as a space of representability and its disruption or contestation. This makes it possible to recast a critique of representative government, and to reconceive of democratic representation, which is about making the contingent equality underlying each order visible. (shrink)