Most political philosophers are reluctant to treat cultural rights as basic. Instead, the predominant view is that cultural interests are only important derivatively, in virtue of their contribution to some other interest. In this chapter I argue that political philosophers ought to follow international human rights norms regarding the importance of culture. Not only do international human rights courts and committees come to the right conclusion about the significance of culture, but, as importantly, they come to this conclusion because they (...) think about what cultural rights protect inthe right way. Contemporary political philosophers prefer to treat cultural rights as derivative in part because they tend to treat culture as a “resource” or a “good,” but this is a mistake. Cultural rights are better understood as protecting and promoting an activity. Respecting and promoting cultural participation is a constitutive element of showing respect for human dignity because, like free expression, political participation, and freedom of conscience, cultural participation is something persons do as part of making a life for themselves. (shrink)

European Journal of Political Theory, Ahead of Print. Deliberative democrats have abandoned the ideal of consensus in favour of a range of different, more realistic alternatives. But these alternatives provide little anchorage to guide or even evaluate deliberative practice – something acutely problematic given the contemporary context of accelerating polarization in many advanced liberal democracies. In this article, we turn to Stalnaker’s account of the ‘common ground’ – the shared pool of information that is agreed upon by the parties to (...) a discourse – to reassert a distinct ideal standard for democratic deliberation which remains malleable enough to apply across messy contexts of real-world political contestation and debate. Our account offers an appropriate normative yardstick by which to assess deliberative practices across different discursive contexts, as well as impetus for further experimentation and innovation in efforts towards democratic renewal and reform. (shrink)

This work studies the issue of political representation from the perspective of a specific legal culture, the exercise of political rights in the context of the occidental democratic system, a concept that has undergone a profound evolution to the present day. The essential aspects for an analysis of this progression are voting, decision making, and the relationship between representatives and their constituents. Overall, the phenomena making up the crisis of representation have been explained as a result of changes that have (...) affected the operation and structure of modern states constituted as representative democracies. The idea is that a well-functioning representative system comes primarily from the form of government and electoral system in which it develops. (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)

Despite the transformation it introduced in theories of democratic representation, the so-called ‘constructivist turn’ left unchallenged the epistemology that had characterised traditional accounts: the questions at stake in current debates on representation are still mostly elicited by a ‘passive’ image of representation as ultimately the phenomenon of being represented by others. Nowhere has the focus explicitly been placed on the experience of representing others. This article proposes a recalibration of current constructivist accounts of representation by introducing what I term the (...) representative standpoint, an epistemological perspective which discloses neglected aspects of the nature and the value of democratic representation. In particular, I suggest that from the representative standpoint, we are able to configure representation as the periodic motion between two spaces: the square, where the representative meets with their constituents, and the circle, where the representative meets with the representatives of other constituencies. The essence of democratic representation lies precisely in the constant moving back and forth between these two spaces. I finally suggest that, configured in these terms, representation may be acknowledged and valued also for providing liberal democracies with an in-built device for a kind of civic education, the beneficiaries of which are the representatives themselves. (shrink)

Deliberative democrats have abandoned the ideal of consensus in favour of a range of different, more realistic alternatives. But these alternatives provide little anchorage to guide or even evaluat...

Against the background of an increasing dependency of governance on specialized expertise and growing calls for citizen participation, this study discusses solutions to the tension between knowledge and democracy. It asks: Which institutions and practices add to striking a balance between knowledge-based decision-making and the involvement of the affected? Based on the social studies of science, knowledge and expertise as well as democratic theory with a focus on participation, representation and inclusion, the study first identifies quality criteria of expertise and (...) participation, and then, with reference to two quite different, up-and-coming empirical answers to the epistemic-democratic tension, spells out the conditions of realizing these criteria in practice. In focus are a) highly complex, multi-layered structures of policy deliberation and advice that combine expert panels with a range of public input channels and b) the involvement of ‘lay experts’ into policy-making through participatory knowledge practices such as ‘service user involvement’ or ‘citizen science’. The study underlines, inter alia, how claims that transcend individual viewpoints and integrate a multiplicity of experiences and concerns are of particular democratic and epistemic value; it points to the key role of organized advocacy groups when it comes to credibly combining a mandate to speak for others with useful and reliable experience-based expertise; and it illustrates the relevance of conflict-minimising institutions for the making of public policies. (shrink)

James Bohman’s work involves a paradigm shift in how we conceive democracy in complex, pluralized, globalized contexts comprised of multiple, overlapping constituencies that often have broad extension in space and time. He breaks with theories that view democracy as comprised of a bounded demos legislating for itself, and which conceptualize democracy as ways of organizing territorial, state-organized political entities. Elements of a progressive democratic theory that travels across borders should be built out of three ideas: a nonutopianism that pays close (...) attention to the “circumstances of politics”; institutions that enable nondomination, which helps to push conflict resolution toward the democratic media of deliberation, bargaining, compromise, and voting; and reflexive institutions that enable the deliberative generation, revision, and renewal of collective procedures and decisions, and which organize the creativity, intelligence, and energy of individuals. (shrink)

Deliberative democrats have abandoned the ideal of consensus in favour of a range of different, more realistic alternatives. But these alternatives provide little anchorage to guide or even evaluate deliberative practice – something acutely problematic given the contemporary context of accelerating polarization in many advanced liberal democracies. In this article, we turn to Stalnaker’s account of the ‘common ground’ – the shared pool of information that is agreed upon by the parties to a discourse – to reassert a distinct ideal (...) standard for democratic deliberation which remains malleable enough to apply across messy contexts of real-world political contestation and debate. Our account offers an appropriate normative yardstick by which to assess deliberative practices across different discursive contexts, as well as impetus for further experimentation and innovation in efforts towards democratic renewal and reform. (shrink)