This article explores the claim that representative legislatures should create general legal norms. After distinguishing the requirement that statutes be general from the broader rule‐of‐law idea that law be general, I concentrate on the French constitutional tradition to argue that the plausibility of the claim turns on the elucidation of a set of social norms and understandings about the proper role of representative legislatures mediating between abstract ideals of the common good and local practices. I call these norms grammars. The (...) article then briefly compares the French “Sieyèsian” with the US “Madisonian” grammar of political representation regarding the issue of the generality of statutes and concludes with a plea for an in‐depth comparative investigation into different such grammars. (shrink)

There is an important but underappreciated ambiguity in Hobbes’ concept of personhood. In one sense, persons are representatives or actors. In the other sense, persons are representees or characters. An estate agent is a person in the first sense; her client is a person in the second. This ambiguity is crucial for understanding Hobbes’ claim that the state is a person. Most scholars follow the first sense of ‘person’, which suggests that the state is a kind of actor – in (...) modern terms, a ‘corporate agent’. I argue that Hobbes’ state is a person only in the second sense: a character rather than an actor. If there are any primitive corporate agents in Hobbes’ political thought, they are representative assemblies, not states or corporations. Contemporary political theorists and philosophers tend to miss what is unique and valuable about Hobbes’ idea of state personality because they project the idea of corporate agency onto it. (shrink)

Recent work on the idea of political representation has challenged effectively orthodox accounts of constituency and interests. However, discussions of representation need to focus more on its dynamics prior to further work on its forms. To that end, the idea of the representative claim is advanced and defended. Focusing on the representative claim helps us to: link aesthetic and cultural representation with political representation; grasp the importance of performance to representation; take non-electoral representation seriously; and to underline the contingency and (...) contestability of all forms of representation. The article draws upon a range of sources and ideas to sketch a new, broader and more complex picture of the representative claim which — despite the complexity — helps us to reconnect representation theory to pressing real-world challenges. (shrink)

Judith Shklar, David Runciman, and others argue against what they see as excessive criticism of political hypocrisy. Such arguments often assume that communicating in an authentic manner is an impossible political ideal. This article challenges the characterization of authenticity as an unrealistic ideal and makes the case that its value can be grounded in a certain political realism sensitive to the threats posed by representative democracy. First, by analyzing authenticity’s demands for political discourse, I show that authenticity has greater flexibility (...) than many assume in accommodating practices common to politics, such as deception, concealment, and persuasion through rhetoric. Second, I argue that a concern for authenticity in political discourse represents a virtue, not a distraction, for representative democracy. Authenticity takes on heightened importance when the public seeks information on how representatives will act in contexts where the public is absent and unable to influence decisions. Furthermore, given the psychological mechanisms behind hypocrisy, public criticism is a sensible response for trying to limit political hypocrisy. From the perspective of democratic theory and psychology, the public has compelling reasons to value authenticity in political discourse. (shrink)

Democratic theorists are usually dismissive about the idea that citizens act “through” their representatives and often hold persons to exercise true political agency only at intervals in elections. Yet, if we want to understand representative government as a proper form of democracy and not just a periodical selection of elites, continuous popular agency must be a feature of representation. This article explores the Kantian attempt to justify that people can act “through” representatives. I call this the “exercise view” of representation (...) and defend its superiority to the “opportunity view,” which I attribute to Locke. It is superior because it has a robust conception of rationality and collective action, allowing us to understand how representation can mediate public reason. (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)

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.

European Journal of Political Theory, Volume 21, Issue 2, Page 230-252, April 2022. The apparent inconsistency between Locke’s commitment to legalism and his explicit endorsement of the extra-legal power of prerogative has confounded many readers. Among those who don’t ignore or dismiss it, the common approach is to qualify the role or scope of prerogative. The article advocates the opposite approach. It argues that Locke’s legalism should be understood within the context of his oft neglected conception of political liberty in (...) terms of self-government. This not only allows for the reconciliation of Locke’s legalism with his endorsement of extra-legal powers, but also provides a fuller, more accurate account of the role of law and of political liberty in Locke’s theory. (shrink)

European Journal of Political Theory, Volume 21, Issue 2, Page 368-389, April 2022. Epistemic impairment has been the decisive yardstick when excluding infants from political agency. One of the suggestions to bypass the epistemic requirement of political agency and to encourage the inclusion of infants in representative democracies is to resort to proxies or surrogates who share or advocate interests which may be coincidental with their interests. However, this solution is far from desirable, given that it privileges the political agency (...) of parents, guardians and trustees over other adult citizens. This article offers an alternative to this conceptual frame of reference by making a case for the political agency of infants. Firstly, it maintains that political agency can be understood in terms of the several facets involved in political representation. Secondly, it claims that the all-affected principle can be reformulated as an ‘infant-affected-interests principle’ in light of which infants are members of the class of the represented. Thirdly, it explores the ways through which this political agency can occur without having to resort to alternative conceptions of representation. The conclusion ascertains that infant enfranchisement is highly undesirable and that there are more viable forms to promote infant political agency, such as virtual representation, infant-beneficial principles of political action and ombudspersons for infants. (shrink)

This article argues that understanding the dangers and risks of authoritarian populism in consolidated constitutional democracies requires analysis of the forms of pluralism and status anxieties that emerge in civil and economic society, in a context of profound political, socioeconomic, and cultural change. This paper has two basic theses. The first is that when societies become deeply divided, and segmental pluralism maps onto affective party political polarization, generalized social solidarity is imperiled, as is commitment to democratic norms, social justice, and (...) liberal democratic constitutionalism. The second, is that populist political entrepreneurs excel in fomenting social antagonisms by framing shifts in the forms of social pluralism in ways that foster deep political polarization, generalized distrust and a politics of resentment against “elites,” “the establishment,” “the oligarchy,” and “outsiders.” Why populist offers resonate requires a social theoretical analysis of status/solidarity and class issues and a direct response to them. I draw on Polanyi and Habermas to develop an explanatory approach to the current crisis and the populist responses it triggers. I navigate between two inadequate approaches: that of the Hofstadter consensus school which construes status concerns and populism as retrograde, anti-modern, paranoid and meriting no direct response; and that of the neo-Marxist tradition that acknowledges the mobilizing power of “cultural factors” and status anxieties but deems them to be epiphenomena of the deeper story of economic distributive injustice. I reject this assessment and seek to take up the status/solidarity issues in ways that take them seriously, challenge populist framing and provide alternative direct responses to them. I reject the narrative frames of left populists who foment polarization and I try to present an alternative narrative framing for a future democratic politics that draws on the best in politically liberal, constitutionalist, democratic, and socialist traditions. (shrink)

Journal of Political Philosophy, EarlyView.

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)

“What is and what is defined as populism?” In response to this question the best political theories and philosophies have put forward many different answers, that are taken into account in this article. The article affirms the constitutive ambiguity of the concept of “populism” and its ability to unify very different issues. After analyzing some of the implications that populism entails in practice, the article stresses the link between populism and the end of the logic of the principle of representation, (...) specific of the liberal and democratic theories. The emphasis on the role of the “people” in opposition to the political elites is also a feature of populism, analyzed by the author in this article. In conclusion, the author focuses on the legal field: some of the contemporary constitutional theories, in particular the so-called “popular constitutionalism”, are discussed. These theories, while polemicizing with those authors who overestimate the role of the Supreme Court, reassess the function of the average citizen in the life of constitutional culture, with the intent of favouring greater political participation and strengthening democratic life. (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)

This study is an intervention in postcolonial theorising through a critique of technologies of representation. It examines the effects of technologically-mediated representation in a postcolonial condition that the Philippines has exemplified. New media technologies are mechanisms of representations that embody the logic of spectrality presented in Jacques Derrida’s later work. Spectrality, which brings doubts, ephemerality, and instability to dominant discourses and modes of representation, provides a chance for change.Spectres are effects of technologically-mediated representation that articulate the infinite demand for justice (...) under conditions of enduring inequality. As quasi-transcendental elements of deconstruction, spectres are not reducible to either human or technical intervention; they express the relation of humans to technologies, in which representation is central to the mediation of political authority. This technological representation is the condition of what Derrida calls “iteration,” or the transformation of hegemonic authority through the very repetition of its fundamental terms of identification. The examination of emancipatory new media technologies in a postcolonial condition is inspired by the work of Jacques Derrida, in his deconstructive reading of Marx’s spectres. However, the writings of Habermas and Adorno have offered an implicit appraisal of the ontology of spectres. Habermas’s theory of the public sphere and Adorno’s negative dialectics are discourses that unwittingly solicit spectres. The account of the postcolonial condition in the Philippines works through the questions of universality, subalternity, and the right to theory that are raised by the project of Western critical theory. (shrink)

This article seeks to illuminate the figure of the child in democratic politics by arguing that children play a constitutive role as temporary outsiders who present both renewal and risk to the demos. Using Hannah Arendt’s concept of natality, we begin with an ontological account of children as new individuals that are central to renewing democratic freedom and plurality. In the second section, we explore how children can be conceived in terms of political risk by focussing on Arendt’s debate with (...) Ralph Ellison concerning the desegregation of American schools in the 1960s. Their arguments about whether children should appear in politics underscores the constitutive role that child–adult relationships play in debates about the normative fabric of democratic society. Finally, we use the radical democratic theory of Chantal Mouffe to argue that children can be characterised as an excluded group of potential adversaries that appear in political contests over claims to represent the demos. From this perspective, the article reveals that children are central figures in democratic politics because they are constituents of an unknown future polity. (shrink)

Healthcare collectives, such as patient organizations, advocacy groups, disability organizations, professional associations, industry advocates, social movements, and health consumer organizations have been increasingly involved in healthcare policymaking. Such collectives are based on the idea that individual interests can be aggregated into collective interests by participation, deliberation, and representation. The topic of collectivity in healthcare, more specifically collective representation, has only rarely been addressed in bioethics. This symposium, entitled: “Collective Representation in Healthcare Policy” of the Journal of Bioethical Inquiry draws attention (...) to this understudied topic from a variety of disciplines, within a variety of socio-cultural contexts. We draw attention to important ethical, cultural, and social questions, and into the practices, justifications for, and implications of collective representation of patients in healthcare policy. (shrink)

This essay examines the concept of sovereign debt in both political‐economic and theological registers. Elaborating the dynamics of monetary economy, I demonstrate how postures of indebtedness characterize the relationship between sovereign power and the governed. While taxation signals the debt of obedience and fealty owed to sovereignty, the monetary circuit reveals that sovereign power exists in a state of indebtedness to the governed. The morally valenced proximity between debt and guilt helps to perpetuate such relations. Tracing these resonances and resemblances (...) in the theological realm, I consider the centrality of debt as a structuring principle in key soteriological traditions within Christian thought. Not only does God appear to uphold debt logic, but God, I claim, becomes identified with debt and marked as a debtor. The divine sovereign as debtor and as enforcing debt provides cues for earthly sovereigns and legitimates cultures of debt. In light of the theopolitical legacy in the West, the mutual influence between theology and the political realm, refiguring this set of influential theological concepts may prove helpful in decentering debt as a governing principle in modern life. (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)

This book contains a representationalist theory of self-consciousness and of the phenomenal first-person perspective. It draws on empirical data from the cognitive and neurosciences.

Since the 1980s scholars have been increasingly confronted with expectations to orient themselves toward societal and economic priorities. This normative demand for societal responsiveness is inscribed in discourses aimed at increasing the usefulness, competitiveness, and control of academia. New performance criteria, funding conditions, and organizational forms are central drivers of this debate – thereby, they change the conditions in which scholars conduct research and advance their careers. However, little is known so far about the impact these institutional changes have on (...) the habitus of academics. This article analyzes how stable and consistent habitus formations among academics turn out to be in the course of institutional changes. We compare the habitus formations of two generations of German scholars before and after institutional changes gained pace in Germany. Three distinct habitus formations can be identified, which we refer to as “self-fulfilling,” “self-surpassing,” and “self-asserting.” These habitus formations hold across the two generations, but the lines between them become blurry in the new generation. (shrink)

Deploying a broadly interpretive approach, the article explores the extent to which, and the ways in which, equality is enacted in non-elective as well as elective representation. It argues that the fleeting and fragmentary equalities evident in non-elective representation are democratically significant, and that examining them can enhance understanding of the democratic promise and limits of different modes of representation.

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

European Journal of Philosophy, EarlyView.

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)

This work intends to demonstrate the existence of limits that hinder the absolute authority of the sovereign in Hobbes’s political theory. Particularly, I will try to identify the concept of honor as the paradigm of this limitation. The field of the manifestations of worth — it will be argued — operates within a logic that runs parallel to that of the State. Moreover, it engenders authorities with high degree of autonomy. To be sure, the sovereign power can intervene in this (...) field by means of persuasion and coercion, but it will never be able to erase the resistances and limitations imposed by signs of honor. (shrink)

This article brings into conversation two important literatures in contemporary political theory that have, for the most part, failed to engage one another: work spanning more than two decades on multiculturalism and identity politics, and neo-republican work on nondomination. The authors take as their starting-point two widely endorsed claims: that identities are constructs and that state actors play a crucial role in their construction. Their question is how democratic states should shape identity, and their central claim is that states should (...) do so in ways that promote what they call democratic nondomination. This ideal, they stress, is multifaceted. It has both an action-level and a system-level component. In addition, it has both an inter-agentive and an impersonal dimension. Attending to democratic nondomination in its complexity is crucial to the project of evaluating alternative possible forms of state identity construction. (shrink)

In this article, I draw on Carl Schmitt’s political and constitutional thought in order to reflect on the political struggle over the foundational norms and values of a constitutional settlement in...

La selección por sorteo ha tenido un renacimiento político, permitiendo la creación de mini-públicos cuyos miembros pueden deliberar en condiciones cercanas a las ideales. ¿Hay un resurgir parcial del ideal de la democracia radical ateniense? El artículo, en primer lugar, resume el papel de la selección por sorteo en Atenas, enfatizando su lógica democrática radical y destacando su singularidad en el mundo pre-moderno. El segundo apartado argumenta que los experimentos actuales suponen una racionalidad política sustancialmente diferente, basada en la muestra (...) representativa, y ofrece una tipología general de los distintos usos del sorteo político. La conclusión expone las condiciones bajo las cuales los mini-públicos deliberativos contemporáneos podrían combinarse con la democracia radical. (shrink)

Due to the persistent rise of extremism, democrats in recent years have been exploring old and new possibilities of democratic self-defence. This article explores an unconventional and little known alternative to militant democracy that places the demos at the centre stage of the struggle against extremism. Through a neo-procedural reinterpretation of ancient ostracism and modern-day recall, I suggest that citizens should have rights of democratic de-selection of elected parties and candidates. I argue that, if properly designed, such a mechanism of (...) de-presentation distributes the burden of democratic self-defence among citizens and creates a bottom-up majoritarian resistance to anti-democratic threats, without compromising free parliamentary mandate or minority rights. (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)

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)