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)

In this article I discuss the main theses of the realist political philosophy developed in recent years by Raymond Geuss and embodied in his famous Philosophy and Real Politics. Once the motivations behind Geuss’ project identified and its similarities and differences with the other great realistic philosophical-political project of our days, that of Bernard Williams, pointed out, I critically expose Geuss’ theses and his objections to the Kantian and Rawlsian ways of doing political philosophy. In addition to discussing the central (...) points of his proposal, I present two general responses to it, one doctrinal and the other methodological. (shrink)

How should we understand the relationship between global justice and global democracy? One popular view is captured by the aphorism “No global justice without global democracy.” According to Dryzek and Tanasoca's reading of this aphorism, a particular form of deliberative global democracy is seen as the way to specify and justify what global justice is and requires in various contexts. Taking its point of departure in a criticism of this proposal, this essay analyzes how to best understand the relationship between (...) global justice and global democracy. The aim is not to offer a first-order substantial account of this relationship, but to theorize the normative boundary conditions for such an account; that is, the conditions that any plausible theory should respect. These conditions take the form of what is here called a “three-layered view,” which is specified through three claims. It is argued, first, that global democracy is best seen as a partial normative ideal; second, that global democracy must be grounded in fundamental principles of justice; and third, that global democracy is an ideal through which applied principles of distributive justice are formulated and justified in light of reasonable disagreement about what justice requires. (shrink)

Accounts of non-domination have tended to emphasise the role resources and other capacity and voice building mechanisms can play in giving people the power and the institutional means of living lives that are free of domination. Yet the role of exit - of institutionally protected means of withdrawing from relationships - has remained undertheorized in accounts of non-domination. Drawing on a range of public policy examples, this paper seeks to shed light on the ways in which, and under what conditions, (...) institutionalised means of exit can contribute to realising the ideal of non-domination. It shows that while rights of exit and low exit-costs can play an essential role in protecting people from dependence on the arbitrary wills of others, it is only under certain conditions these can be said to contribute to the realisation of the ideal of non-domination in a broader sense. Understanding the relationship between exit and non-domination, it further argues, gives us a clearer picture of the relationship between non-domination and sources of power such as monetary resources and voice. (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)

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)

In this book I argue that school integration is not a proxy for educational justice. I demonstrate that the evidence consistently shows the opposite is more typically the case. I then articulate and defend the idea of voluntary separation, which describes the effort to redefine, reclaim and redirect what it means to educate under preexisting conditions of segregation. In doing so, I further demonstrate how voluntary separation is consistent with the liberal democratic requirements of equality and citizenship. The position I (...) defend is not opposed to integration but rather is a justified response to the daily experience of frustration and disappointment with a system that has failed members of marginalized groups for too long. I argue that most voluntary separation experiments in education, far from being motivated by a sense of racial, cultural or religious exclusion, are in fact driven among other things by a desire for a quality education, not to mention community membership and self respect. As such, voluntary separation represents a morally robust pragmatic strategy that is able to answer liberal challenges concerning involuntary stratification, ethnocentrism and democratic deliberation. (shrink)

According to ‘global institutionalism,’ individuals who do not share a state have duties of justice to one another, and this is explained, in part, by the institutional connections that obtain between them. In this chapter, I defend this view against two challenges. First, I consider challenges raised by ‘non-institutionalists,’ who deny that facts about global institutional interaction bear on the nature of duties of justice that arise between particular individuals. Second, I address challenges posed by ‘domestic institutionalists,’ who accept the (...) claim that facts about institutional interaction bear upon the scope of justice but deny that the right sort of interaction necessary to ground duties of justice is found in the global domain. (shrink)

What justifies political power? Most philosophers argue that consent or democracy are important, in other words, it matters how power is exercised. But this book argues that outcomes primarily matter to justifying power.

This essay demonstrates, and critiques, the pervasiveness of economic assumptions in the jurisprudence of privacy in US constitutional law as it extends from birth control and abortion rights to the so-called right to die. Finding in these cases metaphors of neoliberal productive practices and the assumption of the self as human capital, the self understood as a site of investment rather than a repository of worth, the essay brings privacy law into conversation with Kristin Luker's empirical work on abortion politics (...) and teenage pregnancy. The essay does not treat the right to die as a moral or political problem to be resolved, but is instead interested in the revelatory character of the jurisprudence of privacy — namely, in what it can tell us about the contemporary political economic order. Are recent developments in contemporary political economy, in the emerging neoliberal order, potentially illiberal? (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)

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)

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)

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)

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)

During the last decades of the twentieth century, various social and philosophical changes pushed to problematize some of the fundamental ideas of the theory of justice. Among them is the relationship that until then was postulated between the ideas of justice, an ideal construction that the philosopher was supposed to elucidate, and injustice, a secondary concept understood as the absence of justice. The idea of the “priority of injustice” now appears as a fundamental starting point for many philosophers of diverse (...) traditions. In this article I will analyze the different meanings that this priority adopts in the main representatives of this “shift”, as well as their different ways of conceiving injustices, giving reasons to prefer some approaches to others. This “Copernican shift”, as I will attempt to show, entails transformations relevant to the idea of justice that no contemporary theory should ignore.Keywords: justice, injustice, ideal theory, democracy, justice as a process. (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)

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 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)

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)

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)

Distributive Justice and Access to Advantage is the most recent anthology devoted to the work of the great and, sadly, late political philosopher G.A. Cohen. Wh.

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)

According to Maria Markus, the development of a particularly open and interested moral-psychological disposition towards the other is critical to the endeavour of subjects to realize the decent society. Drawing on the work of George Herbert Mead, it will be argued that such a sense of decency involves not just a normative commitment to reciprocity but a reflexive appreciation of the significance of the other to the formation of the self. Meads sketches of intersubjective freedoms are shown to provide a (...) critical perspective on unjust social relations from the standpoint of the utopian horizon of a decent society. Meads conception converges, as well as contrasts, with Markuss perspective on civil society and the regulative ideal of the decent society. Significantly, Markuss account of the problem of the potential divergence between the decency of institutions and the decency of human relationships highlights the difficulties of interconnecting democratic justice and intersubjective freedoms. (shrink)