This article challenges the association between realist methodology and ideals of legitimacy. Many who seek a more “realistic” or “political” approach to political theory replace the familiar orientation towards a state of justice with a structurally similar orientation towards a state of legitimacy. As a result, they fail to provide more reliable practical guidance, and wrongly displace radical demands. Rather than orienting action towards any state of affairs, I suggest that a more practically useful approach to political theory would directly (...) address judgments, by comparing the concrete possibilities for action faced by real political actors. (shrink)

ABSTRACT Militant democracy calls for pre-emptive measures against political actors who use democratic institutions to undermine or outright abolish a democratic political system. Born in the context of interwar fascism, militant democracy has recently been revived by political and legal theorists concerned about the rise of authoritarian right-wing populists. A long-standing charge against militant democracy—also articulated with renewed force in our era—is that, as a top-down way to deal with the intolerant, militant democracy is inherently elitist and bears uncomfortable similarities (...) with technocracy. But while it is true that militant democracy relies on state institutions to preserve democracy, it by no means excludes citizen engagement: “courts or the people” is a false choice. On the other hand, citizens engaged in militant democracy must take on the difficult task of distinguishing very clearly between democratic essentials under threat and political questions about which citizens might reasonably disagree. While citizen assemblies are not the answer to all of contemporary democracies’ travails, they might be very helpful in clarifying such distinctions for wide audiences. (shrink)

In recent times, it has become increasingly common that elected parties and leaders systematically undermine democracy and the rule of law. This phenomenon is often framed with the term democratic backsliding or democratic regression. This article deals with the relatively little-studied topic of resistance to democratic regressions. Chief amongst the things it discusses is the rather central ethical issue of whether resisters may themselves, in their attempts to prevent a further erosion of democracy, transgress democratic norms. But the argument advanced (...) in the article is not merely about the ethics of resistance. It begins, perhaps unconventionally, by addressing the affective dimension of resistance to democratic regressions, looking in particular at the powerful feelings of anger and despair that pro-democratic citizens living under a regressive government are likely to experience. As the article argues, these feelings have not only motivational but also epistemic potential, which must be adequately theorized in order to understand how resisters can respond to the ethical challenges facing them. (shrink)