Agonism is a political theory that places contestation at the heart of politics. Agonistic theorists charge liberal theory with a depoliticization of pluralism through an excessive focus on consensus. This paper examines the agonistic critiques of liberalism from a normative perspective. I argue that by itself the argument from pluralism is not sufficient to support an agonistic account of politics, but points to further normative commitments. Analyzing the work of Mouffe, Honig, Connolly, and Owen, I identify two normative currents of (...) agonistic theory: emancipatory agonism, aimed at challenging violence and exclusion, and perfectionist agonism, aimed at the cultivation of nobility. From a normative perspective the former presents an internal challenge to liberalism, while the latter constitutes an external challenge to liberalism by providing a competing account of the ends of politics. Recognition of the distinction between emancipatory and perfectionist agonism is crucial in assessing the purchase of agonistic critiques of liberalism. Furthermore, this analysis draws us beyond the simple opposition between contestation and consensus. It is not simply a question of valuing genuine pluralism and therefore criticizing consensus; rather the question comes to be: what are the ends of politics? (shrink)

This article takes a new idea, ‘normative behaviourism’, and applies it to global political theory, in order to address at least one of the problems we might have in mind when accusing that subject of being too ‘unrealistic’. The core of this idea is that political principles can be justified, not just by patterns in our thinking, and in particular our intuitions and considered judgements, but also by patterns in our behaviour, and in particular acts of insurrection and crime. The (...) problem addressed is ‘cultural relativism’, understood here not as a meta-ethical doctrine, but as the apparent ‘fact’ that people around the world have culturally varying intuitions and judgements of a kind that lead them to affirm different political principles. This is a problem because it seems to follow (1) that global agreement on any substantial set of political principles is impossible, and (2) that any political theory in denial of this ‘fact’ would be, for that reason, deeply unrealistic. The solution argued for here is that, if domestic political principles (i.e. principles intended to regulate a single state) could be justified by normative behaviourism, and in reference to culturally invariant behaviour, then an international system supportive of such principles is justifiable by extension. (shrink)

Courts purport to abandon ordinary meaning only when words in a statute accommodate more than one meaning; to look to surrounding words, legislative history, and then public policy considerations, only if those previous efforts fail. The canon of statutory construction, “a word is known by its associates,” generally means nearest associates, or near as possible. An analogous language philosophy principle counsels increasing search radius only as needed. Dimensional extension advances the sequence to broader domains of information. Such incrementalist restrictions should (...) require consistent justification of each broadening step by the inadequacy of preceding steps. But courts don’t do this, and shouldn’t. This essay references the legal debate between “textualists” and non-textualists and its philosophical parallel between minimalists and pragmatists. It illustrates court departures from the incrementalist model, and concludes that when judges choose broad evidentiary contexts in seeking statutory meaning, they need no more justification than when they choose narrower ones. (shrink)

Are professional roles bound by the norms of ordinary morality? This article begins with a discussion of two existing models that give contrary answers to this question; the practice model detaches professional ethics from ordinary morality, while the translation model denies any real divergence. It is argued that neither model can give a satisfying account of how professional roles ground distinct claims that are morally authoritative. The promise model is articulated and defended, wherein the obligations of professional roles are grounded (...) in an act of self-binding by the profession; the public is the promisee, and thereby entitled to make role-dependent claims. This model retains a connection to ordinary morality, but does not reduce role authority to individual conscience. Legitimate promises bind the role holder even in the face of moral disagreement. (shrink)

This chapter assesses John Gray’s modus vivendi-based justification for liberalism. I argue that his approach is preferable to the more orthodox deontological or teleological justificatory strategies, at least because of the way it can deal with the problem of diversity. But then I show how that is not good news for liberalism, for grounding liberal political authority in a modus vivendi undermines liberalism’s aspiration to occupy a privileged normative position vis-à-vis other kinds of regimes. So modus vivendi can save liberalism (...) from moralism, but at cost many liberals will not be prepared to pay. (shrink)

Several influential characterizations of paternalism or its distinctive wrongness emphasize a belief or judgement that it typically involves—namely, 10 the judgement that the paternalized is likely to act irrationally, or some such. But it's not clear what about such a belief can be morally objectionable if it has the right epistemic credentials (if it is true, say, and is best supported by the evidence). In this paper, I elaborate on this point, placing it in the context of the relevant epistemological (...) discussions. I explain how 15 evidentialism is opposed to such thoughts; I show that possible ways of rejecting evidentialism (along lines analogous to those of pragmatic encroachment) won't work; and I sketch an account of the wrongness of paternalism that doesn't depend on any flaw in the belief about others' likely behaviour. (shrink)

Much discussion of the ethics of participation focuses on electoral participation and whether citizens are obligated or can be coerced to vote. Yet these debates have ignored that citizens must first pay attention to politics and make up their minds about where they stand before they can engage in any form of participation. This article considers the importance for liberal democracy of citizens paying attention to politics, or attentive citizenship. It argues that the democratic state has an obligation to cultivate (...) interest in politics and that this obligation authorizes means up to and including some forms of coercion. The argument is that when citizens are inattentive to politics, it undermines political equality and social justice because it undermines what John Rawls called the fair value of the political liberties. The importance of these ends for liberal democratic states requires them to take steps to promote attentive citizenship. (shrink)

This article considers Dworkin's influential argument against legislative intent in chapter 9 of Law's Empire. The argument proves much less than is often assumed for it fails to address the possibility that the institution of the legislature may form and act on intentions. Indeed, analysis of Dworkin's argument lends support to that possibility. Dworkin aims to refute legislative intent in order to elucidate his own theory of statutory interpretation. That theory fails to explain plausibly legislative action. Dworkin's argument does not (...) refute legislative intent but instead suggests there is reason to think that the legislature is capable of intentional action. (shrink)

The purpose of this paper is to propose and consider a new constitutional provision that can contribute to the protection of the vital needs of future generations. The proposal I wish to elaborate can be termed the posterity provision, and it has both substantive and procedural elements. The aim of this constitutional provision is twofold. The first is to encourage state authorities to make more future‐oriented deliberations and decisions. The second is to create more public awareness and improve the process (...) of public deliberation about issues affecting near and remote future generations. It is argued that a good case can be made for the proposed reforms compared with alternative substantive constitutional environmental provisions found in existing constitutions and in the literature on legal and political theory. The main reason for this is that the proposed law constitutes a better and more adequate basis for judicial enforcement than the alternatives, which tend to be very vague or unclear. In this connection, I contend that there are both epistemological and moral reasons for introducing constitutional provisions that focus on the protection of critical natural resources essential for meeting the basic physiological needs of future people. It is also argued that the posterity provision can be defended on the basis of central ideas and ideals in recent theory of deliberative democracy. (shrink)

This paper evaluates Jonathan Quong’s attempt to defend a version of political liberalism from the asymmetry objection. I object that Quong’s defence relies on a premise that has not been adequately supported and does not look as if it can be given adequate support.

The hypothesis of this paper is that legal positivism depends on the non plausibility of strong moral cognitivism because of the non necessary connection thesis between law and morality that legal positivism is supposed to acknowledge. The paper concludes that only when based on strong moral cognitivism is it consistent to sustain the typical non-positivistic thesis of the necessary connection between law and morality. Habermas’s Philosophy of law is confronted with both positions.

Recent critiques of attempts to ground constitutional legitimacy in the constituent power of a strong popular sovereign have tended to focus upon the tension between strong popular sovereignty and...

The normative and metanormative pluralism that figures among core self-descriptions of democratic theory, which seems incompatible with democratic theorists’ practical ambitions, may stem from the internal logic of research traditions in the social sciences and humanities and in the conceptual structure of political theory itself. One way to deal productively with intradisciplinary diversity is to appeal to the idea of a meta-consensus; another is to appeal to the argument from cognitive diversity that fuels recent debates on epistemic democracy. For different (...) reasons, both strategies fail, such that a metatheoretical step aside may be desirable, one that entails modeling democratic theory after the public justification approach. (shrink)

This paper is part of a broader argument that seeks to offer a justification for political authority. It aims to investigate the role of truth in political argument and to place the problem of reasonable disagreement. The argument focuses on the possibility of political deliberation, that figures as a stage of political decision‐making. It has to do with a confrontation between incompatible substantive beliefs which, however, all seem to be reasonable. How can citizens holding incompatible beliefs engage in an enterprise (...) of justifying them to one another? That is the question. (shrink)

Disagreement among philosophers over the proper justification for political institutions is far from a new phenomenon. Thus, it should not come as a surprise that there is substantial room for dissent on this matter within democratic theory. As is well known, instrumentalism and proceduralism represent the two primary viewpoints that democrats can adopt to vindicate democratic legitimacy. While the former notoriously derives the value of democracy from its outcomes, the latter claims that a democratic decision-making process is inherently valuable. This (...) article has two aims. First, it introduces three variables with which we can thoroughly categorise the aforementioned approaches. Second, it argues that the more promising version of proceduralism is extrinsic, rather than intrinsic, and that extrinsically procedural accounts can appeal to other values in the justification of democracy without translating into instrumentalism. This article is organised as follows. I present what I consider to be the ‘implicit view’ in the justification of democracy. Then, I analyse each of the three variables in a different section. Finally, I raise an objection against procedural views grounded in relational equality, which cannot account for the idea that democracy is a necessary condition for political legitimacy. (shrink)

Many historical and recent forms of protest usually referred to as civil disobedience do not fit the standard philosophical definition of “civil disobedience”. The moral and political importance of this point is explained in section 1, and two theoretical lessons are drawn: one, we should broaden the concept of civil disobedience, and two, we should start thinking about uncivil disobedience. Section 2 is devoted to the main objections against, and theorists' defenses of, civil disobedience.

I argue that there are liberal reasons to reject what I call “Global Individualism”, which is the conjunction of two views strongly associated with liberalism: moral individualism and social individualism. According to the first view, all moral properties are reducible to individual moral properties. The second holds that the social world is composed only of individual agents. My argument has the following structure: after suggesting that Global Individualism does not misrepresent liberalism, I draw on some recent insights in social ontology (...) to show that it is inconsistent with the satisfaction of an important liberal principle related to the protection of individual rights over time. As I hold, to solve this problem we need to accept group agents acting as moral agents, which in turn commits us to the weaker notion of normative individualism (a view that is consistent with the existence of some group moral properties). I conclude with the suggestion that even this solution is costly for liberalism, for the conjunction of group moral agency and normative individualism makes the latter unstable and compels liberals to a much less individualistic stance than expected. (shrink)

By reference to the illustrative case of the supranational regulation of local systems of food production, we aim to show the importance of identifying issues of international legitimacy as a discrete component – alongside issues of global distributive justice – of the liberal project of public justification of supranational collective decisions. Therefore, we offer the diagnosis of a problem but do not prescribe the therapy to cure it.

For many liberal democrats toleration has become a sort of pet-concept, to which appeal is made in the face of a myriad issues related to the treatment of minorities. Against the inflationary use of toleration, whether understood positively as recognition or negatively as forbearance, I argue that toleration may not provide the conceptual and normative tools to understand and address the claims for accommodation raised by at least one kind of significant minority: democratic dissenting minorities. These are individuals, or aggregates (...) of them, who oppose, on principled grounds, the outcomes of the majoritarian decision-making process. I argue that democratic dissenting minorities' claims are better understood as calls for respect for a person's capacity for self-legislation. I view respect as the cornerstone of justice in a liberal democracy: all norms resulting in a constraint on a person's conduct should be appropriately justified to her. I argue that the reconciliation of democratic dissenting minorities' claims requires an enhancement of the justificatory strategies of democratic decisions by enhancing in turn citizens' rights to political participation. This should be done both during decision making and after a provision is enacted by also securing space for contestation through such forms of illegal protest as civil disobedience and conscientious objection. (shrink)

In the following paper is put in question the present-day dominant Italian ideology of the so called ‘new constitutionalism’, which considers human rights as an open-texture catalogue of claims which only the Constitutional Courts are entitled to interpret and implement. This ideology is considered as a tool for overcoming the traditional liberal rule of law in favor a of more and more developed rule of the courts.

In recent years a powerful case has been made in defence of a system of global governance in which supra-state institutions are accountable directly to the citizens of the world. This political vision- calling for what is commonly termed a ‘cosmopolitan democracy‘- has been defended with considerable imagination by thinkers such as Daniele Archibugi, Richard Falk, David Held, and Tony McGrew. At the same time, a number of powerful arguments have been developed in favour of cosmopolitan principles of distributive justice. (...) Philosophers such as Brian Barry, Charles Beitz, Onora O'Neill, Thomas Pogge, Henry Shue, and Peter Singer have developed formidable arguments against wholly local theories of distributive justice and have argued for cosmopolitan conceptions of distributive justice. (shrink)

This article argues that political realists have at least two strategies to provide distinctively political normative judgements that have nothing to do with morality. The first ground is instrumental normativity, which states that if we believe that something is a necessary means to a goal we have, we have a reason to do it. In politics, certain means are required by any ends we may intend to pursue. The second ground is epistemic normativity, stating that if something is true, this (...) gives us a reason to believe it. In politics, there are certain empirical regularities that ought to be acknowledged for what they are. Both sources are flawed. Instrumental normativity only requires coherence between attitudes and beliefs, and one can hang on to false beliefs to preserve attitudes incompatible with reality. I may desire to eschew power relations, and accordingly I may imagine politics to be like a camping trip. Epistemic normativity, on the other hand, operates critically, striking down existing normative claims. It shows us that politics is nothing like a camping trip, but it doesn’t tell us what we should do about it. We conclude by showing that if the two are taken together, they remedy each other’s flaws. (shrink)

Robert Alexy has argued that the democratic objection to judicial review of legislation can be successfully addressed by assuming that judges exercise a special form of argumentative representation. In this article we argue that Alexy does not explain (as he should) under what circumstances judicial review tends to produce better decisions than parliamentary procedure, nor does he explain how judicial review can have a greater intrinsic value than parliamentary procedure. Subsequently, we argue that the intrinsic value of argumentative representation depends (...) on the promotion of citizen deliberation, whereas its instrumental value depends on judges being committed to the rights of discrete and insular minorities in the face of hostile majorities. (shrink)

In Western democracies, people harbor feelings of disgust or hatred for politics. Populists and technocrats even seemingly question the value of politics. Populists cry that they are not politicians and that politics is necessarily corrupt. From the opposite side, technocrats view politics as a pointless constraint on enacting the obviously right policies. Are Western democracies facing a rejection of politics? And is politics worth defending? This paper offers a vindicatory genealogy of politics, vindicating the need human beings have for this (...) practice and clarifying the extent of its contemporary rejections. To achieve these contributions, the paper connects the literatures on pragmatic genealogy and on political realism, revealing how they can complement each other. Following pragmatic genealogy, the practice of politics is vindicated, because it meets an inevitable functional need for collectively binding decision‐making. However, and importantly, political realism allows us to see that the functional mechanisms through which politics fulfills this need vary contextually and thus require careful empirical scrutiny. The paper thus dispels confusion about seeming rejections of politics by clarifying what is unavoidable, and what is revisable about politics. (shrink)

Some moral value is transparent just in case an agent with average mental capacities can feasibly come to know whether some entity does, or does not, possess that value. In this paper, I consider whether legitimacy—that is, the property of exercises of political power to be permissible—is transparent. Implicit in much theorising about legitimacy is the idea that it is. I will offer two counter-arguments. First, injustice can defeat legitimacy, and injustice can be intransparent. Second, legitimacy can play a critical (...) function in our practical thought, which sometimes requires intransparency. (shrink)

There has been little debate in political philosophy about whether the intentions of governments matter to the legitimacy of their policies. This paper fills this gap. First, I provide a rigorous statement of political anti-intentionalism, the view that intentions do not matter to political legitimacy. I do so by building on analogous debates in moral philosophy. Second, I sketch some strategies to defend political anti-intentionalism, which I argue are promising and available to a wide range of theories of legitimacy. Third, (...) I show that the distinction has implications for debates surrounding neutrality and political liberalism. (shrink)

Political instrumentalism claims that the right to rule should be distributed such that justice is promoted best. Building on a distinction made by consequentialists in moral philosophy, I argue that instrumentalists should distinguish two levels of normative thinking about legitimacy, the critical and applied level. An indirect instrumentalism which acknowledges this distinction has significant advantages over simpler forms of instrumentalism that do not.

An individual's beliefs can be seen as rationally related to one another in a kind of web. These beliefs, however, may not form a single, seamless web. There may exist smaller, largely self-contained webs with few or no rational relations to the larger web. Such “webs of faith” make it possible for reasonable deliberators to persist in a disagreement even under ideal deliberative conditions. The possibility of reasonable disagreement challenges the assumption that rationality should lead to consensus and presents an (...) obstacle to the goals of liberal democracy. (shrink)

ABSTRACT On the surface, Diana Mutz's Hearing the Other Side is a work about empirical realities. But it is also an exercise in normative theory. Mutz's chief empirical findings are that people who are exposed to political disagreement tend to become less politically active and that, conversely, political activists tend not to hear views that challenge their own. These findings raise the question of whether participatory and deliberative ideals are compatible with each other, and, in addition, whether they are either (...) realistic or desirable. (shrink)

In this contribution, I defend a robust model of political idealism, making the case for such an approach to both the theory and practice of politics. On this view, not only in framing a political philosophy but also in putting forward policy proposals and institutional designs, we need not think about feasibility as an overriding, make-or-break criterion for evaluating the soundness of that theory or proposal, neither of which loses its point simply because it is deemed to be unlikely to (...) be implemented. Feasibility, in other terms, cannot be taken as the only standard, or even as the main standard, on which basis to assess the practical worth of a political strategy. (shrink)

The debate between legal constitutionalists and critics of constitutional rights and judicial review is an old and lively one. While the protection of minorities is a pivotal aspect of this debate, the protection of disenfranchised minorities has received little attention. Policy-focused discussion—of the merits of the Human Rights Act in Britain for example—often cites protection of non-citizen migrants, but the philosophical debate does not. Non-citizen residents or ‘denizens’ therefore provide an interesting test case for the theory of rights as trumps (...) on ordinary representative politics. Are they the ultimate success story of the human rights framework? Or was Michael Walzer correct to describe government of denizens by citizens as a modern form of ‘tyranny’? This paper argues that neither liberal rights theorists nor democratic republicans provide a coherent response to the existence of denizens. Liberal rights theorists overstate the extent to which a politically powerless status can secure individual rights, while democratic republicans idealise the political process and wrongly assume that all those affected by laws are eligible for political participation. The paper outlines an alternative model for assessing the accountability of states to their non-citizen population, informed by the republican ideal of non-domination. It identifies gaps in state accountability to denizens–such as where there is inadequate diplomatic protection—and argues that these gaps are particularly troubling if their exit costs of leaving the state are high. (shrink)

Managers often have discretion in interpreting their ethical requirements, and they should seek democratic guidance in doing so. The undemocratic nature of managerial ethical discretion is shown to be a recurring problem in business ethics. Joseph Heath’s market failures approach (MFA) is introduced as a theory better positioned to deal with this problem than other views. However, due to epistemic uncertainty and conceptual indeterminacy, the MFA is shown to allow a much wider range of managerial discretion than initially appears. The (...) paper explores how this range can be narrowed down with democratic input, comparing models based on formal state institutions and on the informal public sphere. A case study from the pharmaceutical industry illustrates the merits of the informal public sphere approach. (shrink)

This article addresses the question of how, if at all, citizens can sustain an effective sense of political belonging without sacrificing other sources of ethical identity. We begin with a critical analysis of Rousseau's classic considerations of politics and religion, which concludes that membership of a sub-political ethical community is incompatible with an effective sense of political belonging. This critique leads us to a consideration of the basic character of contemporary constitutional-democratic polities (drawing on the work of James Tully) and (...) of Waldron's account of the circumstances of politics. These considerations are developed into the claim that we can identify two sources of political belonging: recognition and acknowledgement - which correspond to two aspects of democratic citizenship: as status and as mode of being. On the basis of this claim, we argue that an effective sense of political belonging can be compatible with membership of sub-political ethical communities iff members of the political community are characterised by the majoritarian virtue of civic responsiveness and the minoritarian virtue of civic endurance. We sketch the character of these virtues and the relationship to one another in arguing that only the widespread presence of both kinds of virtue is sufficient to secure citizens' confidence in the polity and hence its stability. (shrink)

Mark Pennington argues political systems should be decentralized in order to facilitate experimental learning about distributive justice. Pointing out the problems with Pennington's Hayekian formulation, I reframe his argument as an extension of the Millian idea of 'experiments in living.' However, the experimental case for decentralization is limited in several ways. Even if decentralization improves our knowledge about justice, it impedes the actual implementation of all conceptions of justice other than libertarianism. I conclude by arguing for the compatibility of egalitarian (...) redistribution with the epistemic virtues of markets pointed out by Hayek. (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)

Like many rights theorists, Peter Jones regards rights as lying outside politics and providing constraints upon it. However, he also concedes that rights are matters of reasonable disagreement and that, as a matter of fairness, disputes about them ought to be resolved democratically. In this paper I develop these concessions to argue that rights require democratic justification and that this can only be provided via a real democratic process in which those involved ?hear the other side?. I relate this argument (...) to the republican theory of non-domination, contending that it fits the Lockean project of regarding rights as constraints on arbitrary power better than liberal views that place rights outside the democratic process. I conclude by noting the implications of this argument for rights-based judicial review of legislation. (shrink)

Abstract. A special legal status is accorded to human rights within Western liberal democracies: They enjoy a priority over other human goods and are not subjected to the majoritarian principle. The underlying assumption—the idea that there are some human values that deserve special protection—implies the need for both a normative and a conceptual justification. This paper claims that neither can be provided. The normative justification is needed to support the priority of human rights over other human goods and to rank (...) and balance conflicting human rights, but it can't be provided because of the fact of pervasive value pluralism, the fact that human values are many, incompatible and incommensurable. The conceptual justification is needed to avoid arbitrariness in the interpretation of human rights at the adjudication stage. Such a justification is impossible, however, as the concept of human rights, and the concepts used to justify them and to solve their conflicts are "essentially contested concepts." The paper concludes that, provided that the interpretation of human rights presupposes value judgements and political choices, the special legal status accorded to human rights is not justified. (shrink)

The question raised in this paper is whether legal rights to vote are also moral rights to vote. The challenge to the justification of a moral right to vote is that it is not clear that the vote is instrumental to the preservation of some critical interest of the voter. Because a single vote has ‘no impact’ on electoral outcomes, the right to vote is unlikely to serve the interests of the individual. The account developed in this paper holds that (...) moral voting rights can be justified once we acknowledge that voting by a sub-set of citizens is among the necessary preconditions for democratic institutions making a significant difference to their collective interests. The justification of a moral right to vote does not, then, apply to each individual citizen but only to a sub-set of them. In order to justify inclusive moral voting rights, the further consideration must be added that individuals have critical interests in public recognition of equal status. An inclusive moral right to vote accordingly depends on both collective interest in the outcomes of democratic institutions and on individual interest in equal recognition. (shrink)

The prevailing view is that democratic procedures are unable to confer democratic legitimacy to decisions about democratic procedures. This paper examines this claim in detail and uses referendums on the inclusion of previously disenfranchised groups in the demos as a running example. The paper distinguishes between pure, imperfect and quasi-pure models of procedural democratic legitimacy and sub-versions of them. To various extents, each model does have the capacity to confer legitimacy to demos decisions under well-defined circumstances. The paper argues that (...) quasi-pure procedural legitimacy represents the most promising account of democratic legitimacy in cases where democratic procedures are the subject of collective decision-making. According to this model, the decision to revise the rules for membership in the demos is permissible by democratic standards if and only if the revision is not forbidden by democratic principles for inclusion. The point is that the range of alternatives that are not forbidden by democratic principles of inclusion are likely to be considerable due to vagueness of the principles themselves and/or them being subject to reasonable disagreement. The paper concludes with a discussion about the possibility of democratic legitimacy for democratic institutions not introduced as a result of democratic decision-making. (shrink)

Abstract. In this article two conceptions of what it means to say that all affected persons should be granted the right to vote in democratic elections are distinguished and evaluated. It is argued that understanding "affected" in legal terms, as referring to the circle of people bound by political decisions, has many advantages compared to the view referring to everyone affected in mere causal terms. The importance of jurisdictions in deciding rights to democratic influence should hence be recognized more clearly (...) than it currently is in democratic thinking. (shrink)

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

For many contemporary liberal political philosophers the appropriate response to the facts of pluralism is the requirement of public reasonableness, namely that individuals should be able to offer to their fellow citizens reasons for their political actions that can generally be accepted.This article finds wanting two possible arguments for such a requirement: one from a liberal principle of legitimacy and the other from a natural duty of political civility. A respect in which conversational restraint in the face of political agreement (...) involves incivility is sketched.The proceduralist view which commends substantive disagreement within agreement on procedures is briefly outlined, as is the possible role for civic virtue on this view. (shrink)

I aim to explain why majority voting can be assumed to have an epistemic edge over lottery voting. This would provide support for majority voting as the appropriate decision mechanism for deliberative epistemic accounts of democracy. To argue my point, I first recall the usual arguments for majority voting: maximal decisiveness, fairness as anonymity, and minimal decisiveness. I then show how these arguments are over inclusive as they also support lottery voting. I then present a framework to measure accuracy so (...) as to compare the two decision mechanisms. I go over four arguments for lottery voting and three arguments for majority voting that support their respective accuracy. Lottery voting is then shown to have, compared to majority voting, a decreased probability of discrimination. That is, I argue that with lottery voting it is less probable under conditions of normal politics that if the procedure selects X, X is reasonable. I then provide two case scenarios for each voting mechanism that illustrate my point. (shrink)