The aim of this paper is to link empirical findings concerning environmental inequalities with different normative yard-sticks for assessing whether these inequalities should be deemed unjust, or not. We argue that such an inquiry must necessarily take into account some caveats regarding both empirical research and normative theory. We suggest that empirical results must be contextualised by establishing geographies of risk. As a normative yard-stick we propose a moderately demanding social-egalitarian account of justice and democratic citizenship, which we take to (...) be best suited to identify unjust as well as legitimate instances of socio-environmental inequality. (shrink)

The Report presents insights which illuminates the intertwinements of European regulatory policies and global governance arrangements. By pinning down the exact nature of the interaction between these two levels, the EU’s dilemma becomes obvious: On the one hand, stronger global governance can be a chance, through which the EU can clarify its own raison d’être of increased integration to the wider world. On the other hand, the design of the European project is being challenged by more assertive global structures. This (...) is especially the case in relation to the WTO regime, which is constraining the decisional autonomy of the EU, regarding the appropriateness of its content and its external effects. Thus, the regulation of services in the EU and the WTO are discussed in the first section of this report. Section two focuses on labour standards, which are analysed from different angles in order to clarify the functions of the WTO and the ILO, multinational companies as well as other private actors within this specific field. The final section deals with the legitimacy problematic of transnational governance. Table of contents: Introduction Christian Joerges and Poul F. Kjaer Section One: Freedom of Services Chapter 1 The Multiple Understandings of Conflict between Trade in Services and Labour Protection Alexia Herwig Chapter 2 Competing in Markets, not Rules: The Conflict over the Single Services Market Susanne K. Schmidt Chapter 3 Competitiveness and Labour Protection: A Comment Markus Krajewski Section Two: Labour Standards Chapter 4 WTO and ILO: Can Social Responsibility be maintained in International Trade? Josef Falke Chapter 5 Reframing RECON: Perspectives on Transnationalisation and Post-national Democracy from Labour Law Claire Methven O’Brien Chapter 6 Transnational Governance and Human Rights: The Obligations of Private Actors in the Global Context Regina Kreide Section Three: The Legitimacy of Transnational Governance Chapter 7 Legitimacy through Precaution in European Regulation of GMOs? From the Standpoint of Governance as Analytical Perspective Maria Weimer Chapter 8 The Justice Deficit of the EU and other International Organisations Jürgen Neyer Chapter 9 Towards Normative Legitimacy of the World Trade Order Alexia Herwig and Thorsten Hüller Chapter 10 From Utopia to Apology – The Return to Inter-state Justice in Normative IR Scholarship: Comments on Neyer and Herwig & Hüller Jens Steffek. (shrink)

The justification of democracy, while widely debated, is hindered by a sub-optimal conceptual framework. For a start, there is confusion about the basic terms in the discussion. Many theorists claim to support either the ‘intrinsic’ or the ‘instrumental’ value of democracy, but it is unclear what this exactly means. Can democracy have other kinds of values? What does it mean to value democracy intrinsically? As a result, at certain points, scholars are talking past one another and their assessments of their (...) respective approaches to democracy are less clear than what they intended. This paper develops a conceptual framework of the values of democracy. I use this framework to classify theories of democracy under three main groups: theories that value democracy intrinsically, instrumentally, or contributorily (necessarily and non-necessarily). Through this analysis, the points of engagement among the different approaches will emerge and flawed arguments about democracy will be revealed. (shrink)

The rise of East Asian Confucian heritage societies (China, South Korea, Japan, Taiwan, Vietnam and Singapore) has inspired an enormous amount of new empirical research. At the political level, one...

There seem to be good reasons that democratic institutions must be reformed in order to minimize the danger of unsustainable policy decisions infringing upon duties of intergenerational justice. This is why there exist a number of different proposals of how to reform democratic states in order to foster their duties towards the future. However, the debate lacks a systematic assessment of these suggested reforms within a coherent theoretical and norma-tive framework. This paper aims at developing such a framework. We suggest (...) two conceptual dimensions defining the spectrum of different justi-fiable institutional reforms: the relation between democracy and justice as one dimension and the conditions considered relevant for viewing democracies as responsible collective agents as the other. Depending on how we understand this relation and these conditions, it is possible to substantiate a set of types of institutional reforms that will promote democracies’ capacities to comply with their responsibilities towards the future. (shrink)

This paper claims that the intuitive and widespread legitimating power of majority rule (MR) arises from the link between majority rule and the principle of equality of political opportunity. The egalitarian character of MR is established by exploring “puzzles” in democratic theory, such as the insensitivity of democratic voting procedures to unequal intensity of citizens' preferences, and the relationship between the principle of unanimity (sometimes thought better to respect citizens' equality) and MR. Special attention is directed to the relationship between (...) political equality and equality in the outcomes of political decisions: The claim is made that the language of equal political opportunity captures well the idea of equal political influence, in the circumstance of disagreement about what is required to achieve equal treatment through the outcomes of political decisions. (shrink)

Social or relational egalitarians try to defend democracy non-instrumentally as a constitutive element of a society where no one stands as inferior or superior to anyone else. However, they face an instrumentalist challenge from within: Why not uphold a non-democratic regime if it outperforms democracy in protecting or promoting egalitarian social relations, for example, by stably producing substantive political decisions that guard against social hierarchies? This article explores the best response to this challenge from the social egalitarian non-instrumentalist standpoint. It (...) argues that the instrumentalist challenge can be accommodated without abandoning the essential non-instrumentalist commitment to democracy; while a nondemocratic regime may be justified under less-than-ideal circumstances as a contingently effective means to realize more social equality, democracy can nevertheless be viewed as a necessary condition for the realization of full social equality. (shrink)

En este artículo propongo una justificación de la democracia, y de la autoridad política derivada de ella, a partir del ideal republicano de libertad como no-dominación. Argumento que los procedimientos democráticos tienen valor por sí mismos porque son mecanismos de decisión donde hay libertad de forma recíproca. Después muestro que la autoridad debe ser adecuadamente controlada para evitar que exista dominación, razón por la cual tiene que concebirse como una relación fiduciaria, en la que los gobernantes actúan como agentes de (...) la ciudadanía. Finalmente, establezco la necesidad de que los gobernantes cumplan con deberes fiduciarios y que los ciudadanos desarrollen virtudes cívicas. In this article I propose a justification of democracy, and of the political authority derived from it, based on the republican ideal of freedom as non-domination. I argue that democratic procedures have value in themselves because they are decision-making mechanisms where there is freedom on a reciprocal basis. I then show that political authority must be adequately controlled in order to avoid the existence of domination. This is why it must be conceived as a fiduciary relationship, in which the rulers act as agents of the citizenry. Finally, I establish the need for rulers to comply with fiduciary duties and for citizens to develop civic virtues. (shrink)

In this paper, I aim to establish that, according to almost all democratic theories, instrumentalist considerations often dominate intrinsic proceduralist considerations in our decisions about whether to make extensive use of undemocratic procedures. The reason for this is that almost all democratic theorists, including philosophers commonly thought to be intrinsic proceduralists, accept ‘High Stakes Instrumentalism’. According to HSI, we ought to use undemocratic procedures in order to prevent high stakes errors - very substantively bad or unjust outcomes. However, democratically produced (...) severe substantive injustice is much more common than many proponents of HSI have realised. Proponents of HSI must accept that if undemocratic procedures are the only way to avoid these high stakes errors, then we ought to make extensive use of undemocratic procedures. Consequently, according to almost all democratic theorists, democratic theory ought, for practical purposes, to be reoriented towards difficult moral and empirical questions about the instrumental quality of procedures. Moreover, this is potentially very practically important because if there are available instrumentally superior undemocratic procedures, then wholesale institutional reform is required. This is one of the most potentially practically important findings of normative democratic theory. In spite of this, no-one has yet explicitly recognised it. (shrink)

The paradox of persisting opposition raises a puzzle for normative accounts of democratic legitimacy. It involves an outvoted democrat who opposes a given policy while supporting it. The article makes a threefold contribution to the existing literature. First, it considers pure proceduralist and pure instrumentalist alternatives to solve the paradox and finds them wanting — on normative, conceptual, and empirical grounds. Second, it presents a solution based on a two-level distinction between substantive and procedural legitimacy that shows that citizens are (...) consistent in endorsing the upshot of democratic procedures while opposing it. Third, it unpacks three reasons to non-instrumentally endorse such procedures — namely, the presence of reasonable disagreement, non-paternalism, and the right to democratically do wrong. In so doing, the article shows that those accounts of democratic legitimacy that rely on reasonable disagreement as a necessary condition for democratic procedures being called for are flawed, or at least incomplete, and offers a more complete alternative. (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)

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)

This paper tackles a highly relevant issue, namely the relationship between climate justice and democracy. The driving motivation of the paper is to ask what principles of climate justice demand from democracies. The paper explores intrinsic and instrumental arguments and develops a sufficiency account: citizens are entitled to the emissions necessary not only to realize their basic needs but to participate as equals in political decision making.