The availability of a constitutional framework that encourages deference to the judiciary, and the existence of a political environment conducive to judicial empowerment have helped bring about a growing reliance on adjudicative means for articulating, framing, and settling fundamental moral controversies and highly contentious political questions. This has resulted in the gradual erosion of the exclusive prerogatives of legislatures and executives.

In Europe and other regions of the world public debate concerning how many immigrants should be admitted, which rights those admitted should have, and which conditions can be required for access to citizenship is intense and enduring, and these have increasingly become central electoral issues. On the one hand, the harsh treatment of migrants is often a matter of public criticism; on the other hand, states are concerned about problems of welfare, security and social unrest that they have come to (...) associate with large-scale migration. At its most fundamental level, this debate concerns the question of how best to balance particularist principles of democratic self-determination and state sovereignty and universalist principles of individual freedom and human rights. The articles in this special issue examine whether the concept of domination can cast a distinctive light on the normative issues arising in this tension between state sovereignty and universal principles with respect to migration and the position of non-citizens in contemporary liberal democratic states. These issues arise both externally insofar as foreigners are subject to migration controls, and internally insofar as migrants live in states of which they are not full members. The issue thus examines the potential of domination as a concept to bring to bear on issues of migration controls, differential residence statuses and access to membership. (shrink)

This article analyzes the epistemological aims and justification of character education legislation passed by the North Carolina General Assembly. I take this specific state law as representative of the broader national trends in the character education movement. I primarily use the work of Richard Rorty as the theoretical lens for the analysis and critique. I conclude by commending aspects of the legislative effort, but I suggest that greater emphasis must be placed on strengthening students' ethics through democratic action inside and (...) outside schools and not on a right-leaning, conservative, and didactic curriculum. Further, as social foundations educators, it is imperative to make strides in our classrooms to expose preservice teachers to the apparent and hidden contradictions of using character education as a tool of educational reform. (shrink)

The very idea of republican human rights, seems paradoxical. My aim in this article is to explore this disjunctive conjunction. One of the distinctive features of republican discourse, both in its civic humanist and neo-Roman variants, is the secondary status that rights are supposed to play in politics. Although the language of rights is not incommensurable with republican political thought, it is supposed to know its place. What can republican categories of political understanding offer for grappling with the challenges of (...) global politics? Many philosophical expressions of human rights today are Kantian or neo-Kantian in inspiration, and as a result they are plagued by the familiar difficulties raised by Kantian approaches to politics in general. In particular, the growing prominence of human rights discourse has led to withering attacks on the appeal to human rights without any effective means of enforcement. Does republicanism offer any resources for rethinking human rights, and in particular, addressing the concern with the often moralistic and depoliticizing nature of human rights talk today? What conception of human rights best promotes freedom as non-domination? Are our practices of human rights effective instruments for minimizing domination? (shrink)

Institutional suggestions for how to rethink democracy in response to changing state responsibilities and capabilities have been numerous and often mutually incompatible. This suggests that conceptual unclarity still reigns concerning how the normative ideal of democracy as collective self-determination, i.e. ?rule by the people?, might best be brought to bear in a transnational and global context. The aim in this paper is twofold. First, it analyses some consequences of the tendency to smudge the distinction between democratic theory and moral theories (...) of legitimacy and justice. Second, it develops a conceptual framework that distinguishes between necessary conditions, aspects and aims of democracy. On this basis it specifies three objectives of democracy, some of which may also hold for multilevel governance. It is argued that there are in principle at least three reasons to value democratic institutions: they are intrinsically justified to the extent that they distribute fair shares of political influence over decision-making; they are instrumentally justified to the extent that they secure several of our other best interests, one of which is our interest in non-domination; and finally, they are also instrumentally justified insofar as they secure the just distribution of other goods. The aim of this framework is not to develop a specific theory of multilevel governance but to point at important distinctions to be made and normative criteria to be specified. The intention is to take the debate forward by noting some of the issues that any satisfactory account must address. The framework lays out the grounds for analysing the institutional challenges facing legitimate multilevel governance through what is speculatively called ?multiple citizenship?, understood in explorative terms, opening the door for the manifold roles that citizens could and ought to play in multilevel governance, not only as democratic agents, but also as agents of democracy and agents of justice. (shrink)

I respond to Fishkin?s critique of my book The State of Democratic Theory. I reiterate my defense of a competitive model of democracy geared to reducing domination, rather than Fishkin?s deliberative model that deploys structured discussion to enlighten mass preferences. In light of the literatures on framing effects and the value of mutually independent judgments, I question whether the procedures Fishkin recommends would produce outcomes that are better informed rather than differently informed. Recognizing that deliberation might sometimes be helpful in (...) reducing domination, I note that sometimes it will not, and I fault Fishkin for his indiscriminate embrace of exceedingly costly deliberative mechanisms that promise dubious benefits? notably his and Bruce Ackerman?s?Deliberation Day? (shrink)

Would democratic theory in its empirical and normative guises be in a better position without the theory of the deliberative public sphere? In this paper I explore recent theories of agonistic democracy that have answered this question in the affirmative. I question their assertionthat the theory of the public sphere should be abandoned in favor of a model of democratic politics based on political contestation. Furthermore, I explore one of the fundamental assumptionsat work in the debate about the theory of (...) the public sphere’s status, namely the assumed opposition between consensus and contestation. Questioning the rigid nature of the opposition, I go on to argue that the deliberative theory of the public sphere actually facilitates the development of the agonistic approach to democratic theory and practice. Key Words: agonistic democracy • deliberative democracy • democratic theory • Habermas • theory of the public sphere. (shrink)

In this article we address the question of individual identity and its place – or rather omission – in contemporary discussions about the cosmopolitan extension of liberalism as the dominant political theory. The article is divided into two parts. In the first part we show that if we consistently emphasise the complementarity of the “inner” and “outer” identity of a person, which is essential to liberalism from its very beginnings, then a fundamental flaw in the liberal cosmopolitan project becomes apparent. (...) This is the underestimation of the indispensability of an unambiguously determined public framework which will fix and enforce liberal principles and values in a comprehensible way. Such a framework for liberalism was always the political community and then, above all, the modern state, in which the liberal identity could then be realised. The discussion in this part of the article prepares the ground for an examination, in the second part, of a dilemma which cosmopolitan liberalism must face. In the second part we argue that the attempt to tackle the given problem presents liberals with the following dilemma: either it is necessary to plead for the institution of a global political authority (a “world state”), or to give up the belief that fundamental liberal principles and values can be realised to a global extent. We show, at the same time, that because of the character and ambitions of the cosmopolitan project, the promise of plural identities and multi­centred law cannot be relied upon. By way of conclusion we then ask what is the price of the realisation of cosmopolitan liberal ideals. -/- NOTE: This is a two-part article (in Czech). For download here is the first part; please see the link below for the second part as well. (shrink)

Would randomly selecting legislators be more democratic than electing them? Lottocrats argue (reasonably) that contemporary regimes are not very democratic and (more questionably) that replacing elections with sortition would mitigate elite capture and improve political decisions. I argue that a lottocracy would, in fact, be likely to perform worse on these metrics than a system of representation that appoints at least some legislators using election – a psephocracy (from psēphizein, to vote). Even today's actually existing psephocracies, which are far from (...) ideally democratic, are better suited than a lottocracy would be to meet the demands of democratic citizenship (politics must be legible to ordinary people, who must have low-cost opportunities to participate) and the demands of democratic leadership (powerful representatives should be specialized and constrained by competitions for popular support). Democrats therefore have weighty instrumental reasons to reject lottocracy and work to democratize psephocracy, instead. (shrink)

This article defends the normative relevance of the representation of non-citizens in democracies. I argue that representation within nation-states constitutes a realistic institutionalisation of the All-Affected Principle, allowing justificatory practices towards non-citizens and establishing political institutions that can realise the ideal of inclusion of all externally affected individuals. I defend electoral, non-electoral and surrogate forms of representation of affected interests that satisfy both the cosmopolitan concern for the equal consideration of interests and the statist defence of the importance of a (...) territorially and civically bounded demos. I assess piecemeal implementations of representation practices, namely reciprocal representation, ombudspersons, self-appointed representatives and deliberative and advocacy groups. Gradual and pluralised means of representation constitute necessary and feasible first steps to consider affected interests and offer an alternative route to an all-or-nothing defence of inclusion as national enfranchisement. (shrink)

Should refugees govern refugee camps? This paper argues that they should. It draws on normative political thought in consulting the all-subjected principle and an instrumental defense of democratic rule. The former holds that all those subjected to rule in a political unit should have a say in such rule. Through analyzing the conditions that pertain in refugee camps, the paper demonstrates that the all-subjected principle applies there, too. Refugee camps have developed as near distinct entities from their host states. They (...) have formed their own economic, legal and even political systems within which refugees are subjected to political rule. The paper then demonstrates that democratic rule should be preferred over any other decision-making procedure. No amount of experts can replace the institutions that would lead to the accountability of decision-makers and to the incorporation of refugees as situated and epistemically diverse knowers of the problems they face and the solutions that would work best. (shrink)

In this article we defend the view that, on the All Affected Principle of voting rights, the weight of a person’s vote on a decision should be determined by and only by the degree to which that dec...

In this essay, I attempt to measure various prevailing democratic theories against an argument that Carl Schmitt advances in the first chapter of his ‘Crisis of Parliamentary Democracy’. In practice, he claims there, democratic politics is compelled to introduce a distinction between ‘the will of the people’ and the behaviour of the empirical people, thus justifying the bracketing and unlimited suspension of the latter in the name of the former, even to the point of dictatorship. I argue that no contemporary (...) approach to democracy as a fundamental value is able to mount a compelling response to this critique and that we should therefore reconsider the status of democracy as a normative commitment. I proceed by carefully and closely reading Schmitt’s chapter and then by juxtaposing various currents of democratic theory (including liberal, deliberative, epistemic and various hybrids thereof) with the trajectory of Schmitt’s argument. This essay is therefore less of a contribution to Schmitt scholarship, in the sense that it does not take a panoramic view of his corpus to determine his final stance on democracy, and more of an intervention into contemporary democratic theory using Schmitt’s argument as a kind of lever. (shrink)

The same as with many other concepts, once one considers the concept of power more closely, fundamental questions arise, such as whether a power relation is necessarily a relation of subordination and domination, a view that makes it difficult to identify legitimate forms of the exercise of power. To contribute to conceptual as well as normative clarification, I suggest a novel way to conceive of power. I argue that we only understand what power is and how it is exercised once (...) we understand its essentially noumenal nature. I claim that the real and general phenomenon of power is to be found in the noumenal realm, that is, in the space of reasons, understood as the realm of justifications. On that basis, I defend a normatively neutral notion of power that enables us to distinguish more particular forms of power, such as rule, coercion, or domination. The analysis aims to prepare the way for a critical theory of power. (shrink)

Is it a requirement of justice to democratize private companies? This question has received renewed attention in the wake of the financial crisis, as part of a larger debate about the role of companies in society. In this article, we discuss three principled arguments for workplace democracy and show that these arguments fail to establish that all workplaces ought to be democratized. We do, however, argue that republican-minded workers must have a fair opportunity to work in a democratic company. Under (...) current conditions, this means that a liberal order must actively promote workplace democracy. (shrink)

ABSTRACTIn this paper, I critique one way of arguing for global democracy on grounds of affected interests and defend another. A famous argument for global democracy, which I call the Demos-Based Argument, attempts to justify global democracy based on the claim that affected interests vindicate individual claims to democratic participation or representation. I analyze and evaluate the Demos-Based Argument and consider different ways of interpreting and justifying its crucial premise: the Principle of Affected Interests. The result is that the argument (...) fails. One lesson of the discussion of the Demos-Based Argument is that the most promising, though eventually unsuccessful, justification of the Principle of Affected Interests is utilitarian. Given the failure of the Demos-Based Argument, the question suggests itself if there is another way to argue for global democracy on utilitarian grounds. I will outline a promising alternative argument for global democracy, which I call the Direct Argument. Like the De... (shrink)

In this paper, Ayelet Shachar begins by restating the main idea of her important book The Birthright Lottery : Citizenship and Global Inequality and then goes on to address in a constructive spirit the main themes raised by the five preceding comments written by scholars in the fields of law, philosophy and political science.Dans cet article, Ayelet Shachar commence par rappeler l’idée centrale de son livre important The Birthright Lottery: Citizenship and Global Inequality avant de répondre de manière constructive aux (...) cinq commentaires qui précèdent, rédigés par des experts dans les domaines du droit, de la philosophie et de la science politique. (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)

What an honor to have political and educational theorists of such caliber take up ideas from my work! What a daunting task to try to respond! My remarks will touch on the following questions: What are some key issues of distributive justice in education today? Why does defining justice in terms of oppression and domination imply that issues of justice cannot be reduced to distribution? How does normalization constitute a major process enacting oppression, and what does this imply for education? (...) What does it mean to include marginalized groups in economic opportunity and democratic process, and how can educational institutions foster such inclusion? Why do issues of religion and other forms of cultural expression belong to a distinct category of justice? Are values of freedom of expression and tolerance in tension with the project of democratic inclusion? How shall we consider transnational issues of educational justice? (shrink)

The idea that animals should have the right to vote sounds preposterous. Accordingly, most authors who have touched on the issue dismiss it in few words as obvi.

ABSTRACT In a democracy what people think matters. Political philosophers are mostly democrats. They often justify deliberative and participatory democracy. And yet when it comes to philosophizing they often turn a blind eye to what people think; they sometimes even express profound doubts about what people think and about consulting the public. I call this the political philosophy gap. It has been justified in several ways. In this paper I first consider and dismiss the most common justifications. I then suggest (...) a democratic and an epistemological reason why political philosophers should consider what people think when they formulate their theories. I put forward a proposal for a method of doing so, which I call public reflective equilibrium, and which consists of four stages of research and philosophy. Finally, I suggest that not only is it doable, but it has a potential to contribute a lot to contemporary political philosophy. It should not come instead of traditional ways of conducting political philosophy but as an additional, perhaps more political, method of political philosophy. (shrink)

This paper critiques the All-Subjected Principle. The All-Subjected Principle is one of the most prominent answers to the Boundary Problem, which consists in determining who should be entitled to participate in which democratic decision. The All-Subjected Principle comes in many versions, but the general idea is that all people who are subjected in a relevant sense with regard to a democratic decision should be entitled to participate in that decision. One respect in which versions of the All-Subjected Principle differ concerns (...) how to best understand ‘subjectedness’. One view spells out ‘subjectedness’ in terms of legal bindingness. Another view understands ‘subjectedness’ in terms of coercion. I argue that the All-Subjected Principle is extensionally inadequate on both views in that it yields verdicts that are at odds with our considered judgements about certain cases. These cases involve legal norms of referral or international administrative assistance. (shrink)

How should liberal-democratic governments deal with emerging vaccination hesitancy when that leads to the resurgence of diseases that for decades were under control? This article argues that vaccination policies should be justified in terms of a proper weighing of the rights of children to be protected against vaccine-preventable diseases and the rights of parents to raise their children in ways that they see fit. The argument starts from the concept of the ‘best interests of the child involved’. The concept is (...) elaborated for this context into the dual regime structure in which parents have fiduciary authority over what they consider to be best for their child, and the state has fiduciary authority over a child’s basic interests. This argument leads to conditional mandatory vaccination programs that should be informed by a correct balancing of the two legal principles of proportionality and precaution. This results in contextual childhood vaccination policies of upscaling interference: a three-tiered approach of increased intrusion, from voluntary program when possible and mandatory or even compulsory programs when necessary to protect the child’s basic interests. (shrink)

This essay argues that legal efficacy understood as existent binding force and as dominance of a system of coercion vis-à-vis competing systems is not strictly a matter of fact, but involves what can be termed justified normativity in a factual context. The argument is divided into four sections. The first three sections describe different dimensions of a normative concept of legal efficacy applied to legal systems: efficacy as persuasiveness, as indirect communication, and as constitutive obedience. The final section focuses on (...) the efficacy of individual norms and adds a new criterion – membership – which establishes a multi-layered test of efficacy. (shrink)

This essay demonstrates that the management and contestability of power is central to Dewey's understanding of democracy and provides a middle ground between two opposite poles within democratic theory: Either the masses become the genuine danger to democratic governance (à la Lippmann) or elites are described as bent on controlling the masses (à la Wolin). Yet, the answer to managing the relationship between them and the demos is never forthcoming. I argue that Dewey's response to Lippmann for how we ought (...) to conceive of the relationship between citizens and elites if power is not to become arbitrary is located within a larger framework that avoids the problematic distinction Wolin draws between the demos and representative government. For Dewey, the legitimacy of decision-making, and, indeed, the security of freedom, is determined not merely by our actual involvement, but the extent to which non-participation does not preclude the future contestability of power. (shrink)

Abstract For all of its blessings, democracy in America displays weaknesses. Democratic theorists both disguise and exacerbate these weaknesses by urging us, as imperatives of democratic justice, to extend the claims of equality to all practices and throughout all spheres of life; and to discount what people actually want in favor of what democratic theorists think that reason tells us people ought to want. Such theorizing encourages the evisceration of virtue, the trivialization of truth, the subjugation of chance, the fear (...) of freedom, and the routinization of romantic love. To combat the dogmatism and despotism to which democracy is prone, it is necessary to preserve the distinction between democracy and justice. (shrink)

Scholars loosely affiliated with the "Cambridge School" (e.g., Pocock, Skinner, Viroli, and Pettit) accentuate rule of law, common good, class equilibrium, and non-domination in Machiavelli's political thought and republicanism generally but underestimate the Florentine's preference for class conflict and ignore his insistence on elite accountability. The author argues that they obscure the extent to which Machiavelli is an anti-elitist critic of the republican tradition, which they fail to disclose was predominantly oligarchic. The prescriptive lessons these scholars draw from republicanism for (...) contemporary politics reinforce rather than reform the "senatorial," electorally based, and socioeconomically agnostic republican model (devised by Machiavelli's aristocratic interlocutor, Guicciardini, and refined by Montesquieu and Madison) that permits common citizens to acclaim but not determine government policies. Cambridge School textual interpretations and practical proposals have little connection with Machiavelli's "tribunate," class-specific model of popular government elaborated in The Discourses, one that relies on extra-electoral accountability techniques and embraces deliberative popular assemblies. (shrink)

Taking the ‘Fridays for Future’ movement as its starting point, this article conceptualizes and defends youth disobedience, understood as principled disobedience by legal minors. The article first argues that the school strike for climate can be viewed as civil disobedience. Then, the article distinguishes between various forms of youth disobedience (according to whether they involve child-specific issues or actions). Building on the democratic rationale for civil disobedience, the remainder of the article argues that there is a special justification for youth (...) disobedience. To show this, it argues that children are wrongfully excluded from political participation and that principled law-breaking can be an important remedy to this exclusion. The upshot is that adults should engage seriously and leniently with youth disobedience. (shrink)

This article argues that all-affected principle needs to be reconceptualized to account for the differences in the historical and current social position of those who are or who should be making legitimacy claims. Drawing on Butler’s theory of vulnerability, this article advances a new and more robust all-affected principle that affords a stronger claim to legitimacy to those most-deeply affected by both the current decision in question and the historical process and practices shaping the choices available. In particular, this article (...) identifies three sets of exclusions of groups and claims that drive this reformulation: first, cases of historical injustice such as indigenous peoples; second, cases of current processes of minoritization which silence or render some groups and opinions as marginal such as women, ethnic minorities or even people in lower economic classes; and third, cases of state establishment of boundaries and ‘worthy’ citizenship such as refugees making claims for relocation and asylum. (shrink)

Journal of Political Philosophy, Volume 29, Issue 4, Page 480-495, December 2021.

The debate on political constitutionalism has entirely neglected the constitution-making dimension. This is probably due to the fact that constitution-making usually brings with it undesirable outcomes such as the entrenchment of rights or structures. These outcomes do not respect reasonable disagreement among citizens because they violate the only fair system for settling disagreement: majority rule and equal voting rights. This article argues that political constitutionalists may regret the absence of any claim about constitution-making. Either they are overlooking certain problems inherent (...) to the electoral process that is supposed to tackle disagreement or, even worse, they are downplaying the entrenching effect of ordinary political processes by ignoring the redemptive properties of constituent power. In both cases, their claims undermine the political dimension of constitutionalism. (shrink)

During the Danish cartoons controversy in 2005–2006, a group of ambassadors to Denmark representing eleven predominantly Muslim countries requested a meeting with the Danish Prime Minister, Anders Fogh Rasmussen, to protest against the cartoons. Rasmussen interpreted their viewpoint as one of demanding limits to freedom of speech and he ignored their request for a meeting. Drawing on this case study, the article argues that it is an appropriate, and potentially effective, moral criticism of anyone who is in a position of (...) political power—taking into account reasonable constraints of feasibility and practicality—that they have refused to receive information, ideas, or opinions from individuals, or their representatives, with dissenting viewpoints. The article also articulates one possible theoretical ground for such a moral criticism: that they could be violating a fundamental moral right of people to submit information, ideas, or opinions to those who wield power over them and to be meaningfully heard—a right which can span state borders. (shrink)

This paper attempts to go more deeper into some ways to identify persons whose claims on justice are legitimate, trying to go beyond the traditional principles of territoriality and citizenship, which are considered inadequate for the current globalized world. Here we analyze the ideas offered from a theoretical perspective which seeks to relate the concepts of justice and democracy, extending the reflexive dynamics of politics beyond its traditional frontiers to the constitution of the demos itself.

This dissertation examines the injustices perpetrated against Indigenous people in Canada within the explicit framework of democratic theory. I examine the ability of Deweyan democracy as a purported problem-solving mechanism to deal with this problem of widespread social injustice. Deweyan democracy is distinctively epistemic, and depends upon diversity and inclusion in order to function effectively as a social and political mechanism for problem-solving. I argue that the inclusion within Deweyan democracy is insufficiently theorized to provide justice-based solutions to social problems, (...) is overly instrumental, and can actually create injustice. Finally, I suggest that while contemporary Deweyans have applied Deweyan democracy in ways that do not provide sufficient solutions for social and political problems, there may yet be resources in Deweyan democratic theory to be explored, specifically with regard to reconciliation between Indigenous and non-Indigenous people within a democratic society. (shrink)

I propose a principle of non-domination as a benchmark for assessing the justifiability of unequal residence statuses for non-nationals in liberal democracies. This has advantages over the principles of equality and rights alike, in accommodating both the inclusive and exclusive logics of liberal democratic citizenship. Non-domination requires the state to grant upon first admission a degree of inclusion in the social privileges of citizenship that is sufficient to guard against the most severe forms of domination in social relationships. However, as (...) resident non-nationals become more permanent and come to be in relationships open to other, if less severe forms of domination, it requires gradually increasing the degree of inclusion, over time, to protect non-nationals against these forms of domination also, and, finally, eventually giving them access to the sites of political decision-making that contribute to shaping the background conditions for independent action in social relationships. (shrink)

Across countries, governments are urging civil society, in particular charitable and non-profit associations, to take up a part of the social burden, and to produce and provide critical human services and social goods, either independently or on governments' behalf. This type of privatization, or public–private partnership, is encouraged by many on grounds of pluralism and liberty, as empowering individuals and their associations. In this paper, I aim to provide a liberty-based normative argument against privatization. A common view, supported by both (...) conservatives and classical liberals, is that the more social responsibility is left or delegated to civil society, the more civil society will flourish. I contend, by contrast, that when political societies rely on civil society to provide critical goods and services, individuals' freedom of association is threatened. The consequence of privatization is a multiple loss, in terms of individual freedom, value pluralism and the expressive character of civil society. (shrink)

In his 2007 Ethics article, “Responsibility Incorporated,” Philip Pettit argued that corporations qualify as morally responsible agents because they possess autonomy, normative judgment, and the capacity for self-control. Although there is ongoing debate over whether corporations have these capacities, both proponents and opponents of corporate moral agency appear to agree that Pettit correctly identified the requirements for moral agency. In this article, I do not take issue with either the claim that autonomy, normative judgment, and self-control are the requirements for (...) moral agency or the claim that corporations possess them. I claim that if both of these claims are correct, then corporate moral agency entails that, in a liberal democracy, corporations should have the right to vote. I show that under the conception of democracy supported by most liberal political theorists, all parties subject to the law are entitled to the right to vote, and all parties that possess autonomy, normative judgment, and self-control are subject to the law. Therefore, if the proponents of corporate moral agency are correct, then corporations satisfy the requirements for the right to vote. I then consider potential objections to this argument. I show that the strongest objection to the corporate right to vote is undermined by Pettit’s own argument for corporate autonomy. I then show that objections derived from other arguments for limiting the rights of corporations are equally unavailing. I conclude with some observations about the implications of my argument for the question of corporate speech rights. (shrink)

Should refugees govern refugee camps? This paper argues that they should. It draws on normative political thought in consulting the all-subjected principle and an instrumental defense of democratic rule. The former holds that all those subjected to rule in a political unit should have a say in such rule. Through analyzing the conditions that pertain in refugee camps, the paper demonstrates that the all-subjected principle applies there, too. Refugee camps have developed as near distinct entities from their host states. They (...) have formed their own economic, legal and even political systems within which refugees are subjected to political rule. The paper then demonstrates that democratic rule should be preferred over any other decision-making procedure. No amount of experts can replace the institutions that would lead to the accountability of decision-makers and to the incorporation of refugees as situated and epistemically diverse knowers of the problems they face and the solutions that would work best. (shrink)

This essay demonstrates that the management and contestability of power is central to Dewey's understanding of democracy and provides a middle ground between two opposite poles within democratic theory: Either the masses become the genuine danger to democratic governance (à la Lippmann) or elites are described as bent on controlling the masses (à la Wolin). Yet, the answer to managing the relationship between them and the demos is never forthcoming. I argue that Dewey's response to Lippmann for how we ought (...) to conceive of the relationship between citizens and elites if power is not to become arbitrary is located within a larger framework that avoids the problematic distinction Wolin draws between the demos and representative government. For Dewey, the legitimacy of decision-making, and, indeed, the security of freedom, is determined not merely by our actual involvement, but the extent to which non-participation does not preclude the future contestability of power. (shrink)

In the growing philosophical literature on the family and its value, the parents' fiduciary role often serves to explain why the family is valuable from a child-centred perspective. Recently it has been further argued that this fiduciary role also explains the distinctive value the family has for parents. By offering a critique of that argument, the paper advances an alternative parent-centred account of the value of the family. It points out the process in families whereby parents reproduce some of their (...) characteristics in their children and thereby establish a powerful sense of interconnectedness and continuity between their own identity and the child's. The fact that the family provides quite a unique platform for developing this type of interpersonal bond may account for the striking importance ascribed to families. Liberal theory should accommodate this fact when offering an account of legitimate parental authority. (shrink)