The aim of this paper is to advance our understanding of the normative grammar of the concept of democracy by distinguishing two levels at which a political concept may play a normative function, a...

While lecturing on the philosophy of history at the University of Berlin, Hegel was asked by a student if the United States ought to be considered the country of the future. Obviously irritated, he answered: “As the country of the future, America does not concern me … Philosophy deals with the eternal, or with reason, and with that there is enough to do.” In his famous lecture on science as a vocation, addressed to students at the University of Munich at (...) the end of the First World War, Max Weber responded to insistent questions on his views as to the future of Germany: “The classroom is neither for demagogues nor for prophets.”. (shrink)

This essay seeks to provide a justification for the ‘egalitarian authority claim’, according to which citizens of democratic states have a moral duty to obey (at least some) democratically made laws because they are the outcome of an egalitarian procedure. It begins by considering two prominent arguments that link democratic authority to a concern for equality. Both are ultimately unsuccessful; but their failures are instructive, and help identify the conditions that a plausible defense of the egalitarian authority claim must meet. (...) The first argument (discussed in Section II, after Section I clarifies what authority and democracy are taken to consist in) appeals to the simple idea that fairness disallows granting ourselves special privileges that we deny to others; and it suggests that fairness thus requires obeying democratic decisions rather than acting on our own judgment of the right policy. I show that this argument fails; and its failure indicates that we must invoke a less formal, more substantive understanding of equality to justify democratic authority. The second argument, recently suggested by Thomas Christiano, does just that. Democratic authority is, on this account, not justified by the formal demand for equal treatment but by the distinctive value of showing public equal respect to our fellow citizens. Such public equal respect requires treating as authoritative the democratic decisions in which citizens had an equal say. This argument does not, however, succeed in its goal either. While it plausibly establishes the value of democratic institutions, it does not provide grounds for a duty to obey democratic decisions (Section III). This essay thus develops an alternative argument, according to which egalitarian procedures have authority because, by obeying them, we can avoid acting on certain considerations that must be excluded from our intrinsically valuable egalitarian relationships. The authority of democratic decisions rests on the egalitarian fact that none of us has more of a say than any other, not on the further fact (crucial to the previous argument) that each of us has a positive say (Sections IV and V). The argument in turn helps us understand the limits of democratic authority: it is constrained not only by a demand for equality, and by considerations of justice, but also by a requirement of mutual concern without which our egalitarian relationships lack their distinctive value (Section VI). (shrink)

What is wrong with participating in a democratic decision-making process, and then doing something other than the outcome of the decision? It is often thought that collective decision-making entails being prima facie bound to the outcome of that decision, although little analysis has been done on why that is the case. Conventional perspectives are inadequate to explain its wrongness. I offer a new and more robust analysis on the nature of voting: voting when you will accept the outcome only if (...) the decision goes your way is an act of bad faith: you are not taking part in a ‘process that decides what we will do’. This analysis sheds light on understanding the intrinsic nature of voting and what we are doing when we make decisions collectively. (shrink)

This chapter contains sections titled: Democracy as a Way of Life The Values of a Democratic Way of Life Intrinsic and Instrumental Values of Democracy References.

This essay considers the role of the ‘all affected interests’ principle in democratic theory, focusing on debates concerning its form, substance and relationship to the resolution of the democratic boundary problem. It begins by defending an ‘all actually affected’ formulation of the principle against Goodin’s ‘incoherence argument’ critique of this formulation, before addressing issues concerning how to specify the choice set appropriate to the principle. Turning to the substance of the principle, the argument rejects Nozick’s dismissal of its intuitive appeal (...) and considers the two arguments advanced in favour of the principle as a criterion of democratic inclusion: the interlinked interests argument and the tracking power argument. It is shown that neither of these arguments can substantiate a view of the principle as a criterion of democratic inclusion, although both ground a constitutional understanding of the principle as specifying the scope of a duty of justification. It is then proposed that the principle can play an important role in a two-stage resolution of the democratic boundary problem in which it addresses the question of who is entitled to inclusion in the ‘pre-political’ demos that determines whether to constitute a polity. The second stage of this resolution requires an answer to the question of who should constitute the ‘political demos’, that is, the demos of a constituted polity and it is argued that a version of the ‘‘all subjected persons’’ principle can appropriately play this role.Keywords: all affected interests; all subjected persons; democracy; boundary problem; demos problem. (shrink)

John Searle began to discuss his recently published book `The Construction of Social Reality' with Anthony Freeman, and they ended up talking about God. The book itself and part of their conversation are introduced and briefly reflected upon by Anthony Freeman. Many familiar social facts -- like money and marriage and monarchy -- are only facts by human agreement. They exist only because we believe them to exist. That is the thesis, at once startling yet obvious, that philosopher John Searle (...) explores in The Construction of Social Reality. (shrink)

The question of what role social and political practices should play in the justification of normative principles has received renewed attention in post-millennium political philosophy. Several current debates express dissatisfaction with the methodology adopted in mainstream political theory, taking the form of a criticism of so-called ‘ideal theory’ from ‘non-ideal’ theory, of ‘practice-independent’ theory from ‘practice-dependent’ theory, and of ‘political moralism’ from ‘political realism’. While the problem of action-guidance lies at the heart of these concerns, the critics also share a (...) number of methodological assumptions. Above all, their methodology is practice-dependent in the sense that an existing practice is assumed to put substantial limitations on the appropriate normative principles for regulating it. In other words, we cannot formulate and justify an appropriate principle without first understanding the practice this principle is supposed to govern. The aim of this paper is to map out and analyze the common denominators of these debates with regard to methodological commitments. We will investigate how this practice-dependent method may be understood and motivated. In particular, we point to challenges that must be met in order for the position to remain both distinct and attractive. (shrink)

This essay reclaims a political proceduralist vision of democracy as the best normative defense of democracy in contemporary politics. We distinguish this vision from three main approaches that are representative in the current academic debate: the epistemic conception of democracy as a process of truth seeking; the populist defense of democracy as a mobilizing politics that defies procedures; and the classical minimalist or Schumpeterian definition of democracy as a competitive method for selecting leaders.

Wiredu’s call for democracy by consensus is illustrated by his description of traditional African consensual rationality. This description contains the attribution of immanence to African consensual rationality. This paper objects to this doctrine of immanence. More importantly, the doctrine of immanence has led to the attribution of pure rationality to traditional African consensual practices. With reference to Aristotle’s three components of persuasion, I object to deliberation as purely rational and impervious to extraneous factors. I further argue that it is because (...) deliberation is not always perfectly rational that the process of consensus can suffer three forms of social conformity: conformity to dominant players, to numerical opinion majority, and to group-centrism. These forms of conformity mean that a consensus task order could lead to decisions of more inclusive value, but not necessarily decisions of more epistemic value. The concept of agonistic inquiry is employed to tackle what I see as the dangers of conformity and complacency in the project of inclusivity, and this is to strike a crucial balance between too-consensual and purely adversarial forms of deliberation. (shrink)

In recent years, democrats both inside and outside the academy have begun to reconsider the merits of the age-old practice of sortition, the random selection of political officials. Despite this fact, however, the comparative assessment of the merits of voting and sortition remains in its infancy. This paper will advance this project by treating the problem of assigning public responsibilities as a problem of allocative justice. To treat the problem in this manner is to treat public office as a type (...) of good to which citizens might have various claims. Random selection is the appropriate method for distributing public office when all citizens have equal claims to that office and there is not enough to go around. Universal distribution is more appropriate when all claimants have equal claims to the office and there is enough to go around (as with universal suffrage, for example). Election (or possibly other procedures, such as appointment) makes sense when citizens do not enjoy equal claims to the office and that office is in scarce supply. This approach captures a crucial component of democratic equality. Different understandings of democratic equality lay behind sortition and election. Each might be appropriate under different circumstances, but both place rights-based constraints on the design of a democratic political system. (shrink)

The practice-dependent approach to justice has received a lot of attention in post-millennium political philosophy. It has been developed in different directions and its normative implications have been criticized, but little attention has been directed to the very distinction between practice-dependence and practice-independence and the question of what theoretically differentiates a practice-dependent account from mainstream practice-independent accounts. The core premises of the practice-dependent approach, proponents argue, are meta-normative and methodological. A key feature is the presumption that a concept of justice (...) is dependent on the function or aim of the social practices to which it is supposed to be applied. Closely related to this meta-normative thesis is an interpretive methodology for deriving principles of justice from facts about existing practices, in particular regarding their point and purpose. These two premises, practice-dependent theorists claim, differentiate their account since they are not accepted by practice-independent accounts and they justify different principles of justice than practice-independent accounts. Our aim in this article is to refute both and, demonstrating that practice-independent accounts may indeed accept the meta-normative and methodological premises of the practice-dependent accounts, and that we are given no theoretical reason to think that practice-dependent accounts justify other principles of justice for a practice than do practice-independent accounts. In other words, practice-dependent theorists have not substantiated their claim that practice-dependence is theoretically differentiated from mainstream accounts. When practice-dependent proponents argue for other principles of justice than mainstream theorists, it will be for the usual reason in normative theory: their first-order normative arguments differ. (shrink)

It is a commonplace within philosophy that the ontology of institutions can be captured in terms of constitutive rules. What exactly such rules are, however, is not well understood. They are usually contrasted to regulative rules: constitutive rules (such as the rules of chess) make institutional actions possible, whereas regulative rules (such as the rules of etiquette) pertain to actions that can be performed independently of such rules. Some, however, maintain that the distinction between regulative and constitutive rules is merely (...) a linguistic one. In this paper I present the status account of constitutive rules in order to address this criticism. According to the status account constitutive rules pertain to institutional statuses and statuses are to be understood in terms of status rules. Status rules concern the enabling and constraining roles of institutions, and constitutive rules specify the preconditions that have to be met in order for them to play these roles. Even though I end up endorsing the claim that the distinction mentioned is a linguistic one, I go on to argue that there is an underlying reality that constitutive rules serve to make apparent. (shrink)

The objective of this article is to propose a precise characterization of the collective practice behind at least an important part of the phenomena named “decision by consensus”. First, I provide descriptions of the use of this rule, and give a definition of the non-opposition rule, both as a specific sequence of acts and as a stopping rule. Second, I challenge the usual way of understanding the non-opposition rule by contrast with voting, stating that the contrast between logic of approval (...) and logic of consent also has to be taken into account. Third, I examine the conditions of its use. The non-opposition rule satisfies groups whose concern is to decide without dividing. Finally, from the analytic benefit of opening up decision by consensus as the use of the non-opposition rule, I will examine, in a fourth part, whether consensus in decision-making is as democratic a procedure as is sometimes thought. (shrink)