This review seeks to locate Vink's book, The Open Society and Its Animals, within the wider terrain of the political turn in animal ethics. It explains what is meant by a nonanthropocentric interspecies theory of democracy, and how it might be justified, and sets out Vink's distinction between the political and legal representation of animals together with her preference for the latter. While agreeing that there is a strong case for a nonanthropocentric theory of democracy, and that an enfranchisement model (...) is preferable to one based on citizenship, the review argues that Vink overestimates the problems associated with the political enfranchisement of animals and underestimates the difficulties associated with their legal enfranchisement. (shrink)

The purpose of this article is to consider the question of whether democratic legitimacy requires viewpoint neutrality with regard to political speech – including extremist political speech, such as hate speech. The starting point of my discussion is Jeremy Waldron’s negative answer to this question. He argues that it is permissible for liberal democracies to ban certain extremist viewpoints – such as vituperative hate speech – because such viewpoint-based restrictions protect the dignity of persons and a social and moral environment (...) of mutual respect. According to Waldron, well-drafted narrow hate speech bans are not democratically illegitimate, and they do not undermine systemic democratic legitimacy – that is, the legitimacy of a democratic political system. In contrast to Waldron, I will argue that democratic legitimacy requires viewpoint neutrality to respect persons as thinking agents. I will defend a civil libertarian doctrine of viewpoint neutrality, and this doctrine requires that citizens in liberal democracies ought to have a legal free speech right to do moral wrong – that is, a legal right to express and defend any political viewpoint or idea, even if it is morally wrong to express, or expose others to, such views. It will be argued that any viewpoint-based restriction on public discourse (including narrow hate speech bans) is democratically illegitimate, and that such restrictions undermine systemic democratic legitimacy. (shrink)

Human activity has reshaped all parts of the Earth system. For this reason, a vast majority of geologists at the 35th International Geological Congress in Cape Town (September 2016) spoke out in favor of changing the classification of geological epochs and of declaring a new world age – the Anthropocene. This chapter points at implications that the proclamation of the Anthropocene should have for the currently relevant concept of democracy. In particular, it is argued that the transition into a new (...) phase of geology also necessitates a further advancement of our form of government. Democracy, as it has been conceived of and practiced until now, has to a large extent ignored the problem of ‘presentism’. This chapter suggests an extension of the 300-years-old separation of powers between the legislative, executive and judicial branch. It is argued that in order to make our political system more future-oriented, there is a need for a new (fourth) branch which ensures that the interests of future generations be taken into account within today's decision-making process. A newly-established ‘future council’ should have the right to introduce legislation, integrating the competences of this new institution with those of parliament. The chapter concludes with a discussion about the legitimacy of offices for future generations (OFGs) as the embodiment of the proposed future branch. (shrink)

What should we do if climate change or global injustice require radical policy changes not supported by the majority of citizens? And what if science shows that the lacking support is largely due to shortcomings in citizens’ individual psychology such as cognitive biases that lead to temporal and geographical parochialism? Could then a plausible case for enhancing the morality of the electorate—even against their will –be made? But can a democratic government manipulate the will of the people without losing democratic (...) legitimacy? This paper explores the problems that governmental manipulation of voters pose for democratic legitimacy and the tensions between non-manipulated input and morally acceptable output. These venerable issues of political theory resurface in light of recent suggestions to tackle today’s global mega-problems by Ingmar Persson and Julian Savulescu. They suggest that to avert the looming catastrophe, governments should alter psychological traits of the citizenry through biomedical means, from pharmaceuticals to genetics. However, we argue that a government cannot rule with democratic legitimacy if elected by a will of the people it manipulated before. Normatively, conferring power from the governed onto governors is a one-directional relation that is incompatible with manipulation. But while it is tempting to rebut suggestions to morally enhance the people as antithetical to essential ideas of democracy, swift rebuttals tend to overlook the deeper challenge: Majoritarian decision-making may lead to inacceptable outcomes. The dilemma between input and output runs through major works in political theory. Rather than wishfully ignoring the dangers of democracy, democratic theory has to provide answers. (shrink)

Two distinct approaches to the incorporation of animal interests within democratic theory are identified. The first, anthropocentric, account suggests that animal interests ought to be considered within a democratic polity if and when enough humans desire this to be the case. Within this anthropocentric account, the relationship between democracy and the protection of animal interests remains contingent. An alternative account holds that the interests of animals ought to be taken into account because they have a democratic right that their interests (...) are considered. This alternative account is defended in this article by utilising democratic theory and, in particular, the all-affected principle. The interests of animals are affected by collective decisions and, therefore, they, or – more specifically – their representatives, have a democratic right to have some say in the making of those decisions. This approach is favourably contrasted with an alternative, citizenship, account which relies on contested, capacity-oriented, claims current within the field of animal ethics. (shrink)

Some authors have suggested that the All Affected Interests Principle, an influential principle of political inclusion, requires that animals have their interests politically represented. In this paper, I provide a systematic formulation, assessment, and defense of this argument, and suggest a middle way between two strategies found in the literature. On the one hand, I argue that applying the All Affected Interests to animals inevitably requires that we make some (potentially controversial) assumptions about the weight and scope of animal interests, (...) and cannot remain morally noncommittal. This is because most formulations of the principle do not apply to all interests, but only to those that satisfy a relevancy test – which requires first-order moral reasoning. On the other hand, I also contend that one can defend some substantive claims about the inclusion of animals via the All Affected Interests Principle without having to endorse a comprehensive account of animal rights, or a theory about the worth of natural entities. For the All Affected Interests Principle to apply to animals, all that we need are instances of normatively relevant interests systematically affected by political decisions. The interest of mammals in avoiding pain and suffering, I contend, provides such an example. (shrink)

The purpose of this paper is to consider the following question: To what extent is it permissible for a liberal democratic state to suppress the spread of illiberal ideas (including anti-democratic ideas)? I will discuss two approaches to this question. The first can be termed the clear and imminent danger approach, and the second the preventive approach. The clear and imminent danger approach implies that it is permissible for liberal states to suppress the spread of illiberal doctrines and ideas only (...) if they pose a clear and imminent danger to security and/or the stability of liberal democratic institutions. The preventive approach, which is the one that I will propose and defend, goes further than this: it implies that it can also be permissible for a liberal state to restrict the spread of illiberal doctrines and ideas in order to prevent certain extremist illiberal groups (which I will term offensive illiberal groups) from gaining increased popular and political support, and in order to prevent such groups from becoming significant and powerful political actors. However, the evaluation and choice of liberty-limiting suppressive measures should be guided and restricted by two principles or side-constraints: the significance principle and the least restrictive means principle. (shrink)

Given that future generations are right-bearing citizens of tomorrow; legislative systems should secure these rights through appropriate institutions. In the case of the European Union; reference to intergenerational justice can be found in various fundamental legal texts; but; paradoxically; no institutions exist to defend it. The structural short-termism inscribed into representative democracies means that present interests easily trump future concerns. We argue that the best way to overcome this problem is a system of temporal checks and balances. By comparing a (...) selection of existing instruments with regards to their impact on the legislative process; we propose the creation of a European Guardian for Future Generations as the most effective measure to protect the rights of future generations and provide an overview of recent developments in this direction. (shrink)

The original constitution of the dêmos by democratic means is a fundamental problem for normative democratic theory. In this paper, I make an assessment of different solutions to the dêmos problem that have been presented in recent literature. I find that none of them is adequate, and thus hold that the dêmos problem remains unresolved. At the end of the paper, I propose a constellation in which multiple dêmoi are thought to be constituted at the same time. I show that (...) this leads to a mitigation of the negative consequences that are implied in the proposed solutions analysed in previous parts of the paper. Constituting the dêmos according to the democratic ideal is more expedient under the conditions of a large number of individuals having the option to form a plurality of dêmoi. This overall conclusion means that the democratic legitimacy of the dêmos itself is critically dependent on a relational setting of relatively open but independent dêmoi. The relations between dêmoi and the freedom of movement among them is thus not something which is added to ideal democratic theory as an external and foreign element reducing the legitimacy of a democracy. Rather, the norm that states that there should be multiple dêmoi that openly relate to each other is actually part of the hard core of democratic legitimacy. (shrink)

What should we do if climate change or global injustice require radical policy changes not supported by the majority of citizens? And what if science shows that the lacking support is largely due to shortcomings in citizens’ individual psychology such as cognitive biases that lead to temporal and geographical parochialism? Could then a plausible case for enhancing the morality of the electorate—even against their will –be made? But can a democratic government manipulate the will of the people without losing democratic (...) legitimacy? This paper explores the problems that governmental manipulation of voters pose for democratic legitimacy and the tensions between non-manipulated input and morally acceptable output. These venerable issues of political theory resurface in light of recent suggestions to tackle today’s global mega-problems by Ingmar Persson and Julian Savulescu. They suggest that to avert the looming catastrophe, governments should alter psychological traits of the citizenry through biomedical means, from pharmaceuticals to genetics. However, we argue that a government cannot rule with democratic legitimacy if elected by a will of the people it manipulated before. Normatively, conferring power from the governed onto governors is a one-directional relation that is incompatible with manipulation. But while it is tempting to rebut suggestions to morally enhance the people as antithetical to essential ideas of democracy, swift rebuttals tend to overlook the deeper challenge: Majoritarian decision-making may lead to inacceptable outcomes. The dilemma between input and output runs through major works in political theory. Rather than wishfully ignoring the dangers of democracy, democratic theory has to provide answers. (shrink)