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)

Democracy is not naturally plausible. Why turn such important matters over to masses of people who have no expertise? Many theories of democracy answer by appealing to the intrinsic value of democratic procedure, leaving aside whether it makes good decisions. In Democratic Authority, David Estlund offers a groundbreaking alternative based on the idea that democratic authority and legitimacy must depend partly on democracy's tendency to make good decisions.Just as with verdicts in jury trials, Estlund argues, the authority and legitimacy of (...) a political decision does not depend on the particular decision being good or correct. But the "epistemic value" of the procedure--the degree to which it can generally be accepted as tending toward a good decision--is nevertheless crucial. Yet if good decisions were all that mattered, one might wonder why those who know best shouldn't simply rule.Estlund's theory--which he calls "epistemic proceduralism"--avoids epistocracy, or the rule of those who know. He argues that while some few people probably do know best, this can be used in political justification only if their expertise is acceptable from all reasonable points of view. If we seek the best epistemic arrangement in this respect, it will be recognizably democratic--with laws and policies actually authorized by the people subject to them. (shrink)

According to the dominant philosophical tradition, intrinsic value must depend solely upon intrinsic properties. By appealing to various examples, however, I argue that we should at least leave open the possibility that in some cases intrinsic value may be based in part on relational properties. Indeed, I argue that we should even be open to the possibility that an object's intrinsic value may sometimes depend on its instrumental value. If this is right, of course, then the traditional contrast between intrinsic (...) value and instrumental value is mistaken. (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 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.

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist within the (...) framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls ' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." --_Times Literary Supplement_. (shrink)

Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat (...) the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny. (shrink)

Democracy is commonly associated with political equality and/or majority rule. This essay shows that these three ideas are conceptually separate, so the transition from any one to another stands in need of further substantive argument, which is not always adequately given. It does this by offering an alternative decision-making mechanism, called lottery voting, in which all individuals cast votes for their preferred options but, instead of these being counted, one is randomly selected and that vote determines the outcome. This procedure (...) is democratic and egalitarian, since all have an equal chance to influence outcomes, but obviously not majoritarian. (shrink)

Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

It has been argued that the attribution of intentional actions is sensitive to our moral judgment. I suggest an alternative, where the attribution of intentional actions depends on modal (and not moral) considerations. We judge a foreseen side-effect of an agent’s intentionally performed action to be intentional if the following modal claim is true: if she had not ignored considerations about the foreseen side-effect, her action might have been different (other things being equal). I go through the most important examples (...) of the asymmetry in the attribution of intentionality and point out that the modal account can cover all the problematic cases, whereas the moral account can’t. (shrink)

This book offers a systematic treatment of the requirements of democratic legitimacy. It argues that democratic procedures are essential for political legitimacy because of the need to respect value pluralism and because of the learning process that democratic decision-making enables. It proposes a framework for distinguishing among the different ways in which the requirements of democratic legitimacy have been interpreted. Peter then uses this framework to identify and defend what appears as the most plausible conception of democratic legitimacy. According to (...) this conception, democratic legitimacy requires that the decision-making process satisfies certain conditions of political and epistemic fairness. (shrink)

Many writers claim that democratic government rests on a principled commitment to the ideal of political equality. The ideal of political equality holds that political institutions ought to be arranged so that they distribute political standing equally to all citizens. I reject this common view. I argue that the ideal of political equality, under its most plausible characterizations, lacks independent justificatory force. By casting doubt on the ideal of political equality, I provide indirect support for the claim that democratic government (...) is only instrumentally justified. (shrink)

According to the dominant philosophical tradition, intrinsic value must depend solely upon intrinsic properties. By appealing to various examples, however, I argue that we should at least leave open the possibility that in some cases intrinsic value may be based in part on relational properties. Indeed, I argue that we should even be open to the possibility that an object''s intrinsic value may sometimes depend (in part) on its instrumental value. If this is right, of course, then the traditional contrast (...) between intrinsic value and instrumental value is mistaken. (shrink)

Is democracy a requirement of justice or an instrument for realizing it? The correct answer to this question, I argue, depends on the background circumstances against which democracy is defended. In the presence of thin reasonable disagreement about justice, we should value democracy only instrumentally (if at all); in the presence of thick reasonable disagreement about justice, we should value it also intrinsically, as a necessary demand of justice. Since the latter type of disagreement is pervasive in real-world politics, I (...) conclude that theories of justice designed for our world should be centrally concerned with democracy. (shrink)

Written by the preeminent democratic theorist of our time, this book explains the nature, value, and mechanics of democracy. In a new introduction to this Veritas edition, Ian Shapiro considers how Dahl would respond to the ongoing challenges democracy faces in the modern world. “Within the liberal democratic camp there is considerable controversy about exactly how to define democracy. Probably the most influential voice among contemporary political scientists in this debate has been that of Robert Dahl.”—Marc Plattner, _New York Times_ (...) “An excellent introduction for novices, as well as a trusty handbook for experts and political science mavens.”—_Publishers Weekly_. (shrink)

How can one person’s having political power over another be justified? This essay explores the idea that such justifications must be in an important sense derivative, and that this ‘Derivative Justification Constraint’ bars certain justifications widely endorsed in political and philosophical debates. After critically discussing the most prominent extant articulations of the Constraint (associated with a view often called ‘political instrumentalism’), the essay offers a novel account of what precisely the Constraint bars (in short: justification by appeal to non-derivative goods (...) that include among their elements one person’s ruling over another), what motivates it (in a nutshell: a deeply non-instrumental concern for each person’s moral independence), and what it entails for how we may justify democratic political arrangements in particular. (shrink)

Section 2.1 identifies three notions of intrinsic value: the finality sense understands it as value for its own sake, the supervenience sense identifies it with value that depends exclusively on the bearer’s internal properties, and the nonderivative sense describes intrinsic value as value that provides justification for other values and is not justified by any other value. A distinction between final intrinsic and final extrinsic value in terms of supervenience is subsequently introduced. Section 2.2 contains a discussion of the debate (...) about instrumental value and other varieties of nonfinal extrinsic value. Finally, section 2.3 focuses on recent attacks on the very coherence of the intrinsic/extrinsic distinction and its role as a demarcation line between fundamental and nonfundamental value. (shrink)

The paper argues that the final value of an object-i.e., its value for its own sake-need not be intrinsic. Extrinsic final value, which accrues to things in virtue of their relational rather than internal features, cannot be traced back to the intrinsic value of states that involve these things together with their relations. On the contrary, such states, insofar as they are valuable at all, derive their value from the things involved. The endeavour to reduce thing-values to state-values is largely (...) motivated by a mistaken belief that appropriate responses to value must consist in preferring and/or promoting. A pluralist approach to value analysis obviates the need for reduction: the final value of a thing or person can be given an independent interpretation in terms of the appropriate thing- or person-oriented responses: admiration, love, respect, protection, care, cherishing, etc. (shrink)

Imagine a democratic society in which all members are full citizens and citizens relate to each other as equals. Social arrangements bring it about, to the maximum possible extent, that all adults are full functioning members of society. The society is not marred by caste hierarchies, invidious status distinctions, or unequal power relations. No one is able to dominate others. Moreover, the urge to dominate over others does not loom large in social life. Each person's relations with others manifest the (...) belief, shared by all, that each person is fundamentally the equal of all others and that this equality calls for treating others with civility and mutual respect and forbearance. Each is viewed as having the right to live as she chooses, within broad constraints of morality. This individual entitlement to freedom establishes a strong presumption against paternalism, restricting a person's liberty against her will for her own good. Regarding distributive justice, the norm is that each should be enabled to have enough by way of resources and opportunities to sustain herself as a full functioning member of democratic society. (shrink)

This book examines the Condorcet Jury Theorem and how its assumptions can be applicable to the real world. It will use the theorem to assess various familiar political practices and alternative institutional arrangements, revealing how best to take advantage of the truth-tracking potential of majoritarian democracy.

Jeremy Waldron is one of the world's leading legal and political philosophers. This collection brings together thirteen of his most recent essays which, in the course of working the book up for publication, the author has revisited and thoroughly revised. He addresses central issues within the liberal tradition, focusing on the law and its role in a pluralistic state which experiences deep disagreements about values and rights, and about the role of the state itself.

Can we design a perfect democratic decision procedure? Condorcet famously observed that majority rule, our paradigmatic democratic procedure, has some desirable properties, but sometimes produces inconsistent outcomes. Revisiting Condorcet’s insights in light of recent work on the aggregation of judgments, I show that there is a conflict between three initially plausible requirements of democracy: “robustness to pluralism”, “basic majoritarianism”, and “collective rationality”. For all but the simplest collective decision problems, no decision procedure meets these three requirements at once; at most (...) two can be met together. This “democratic trilemma” raises the question of which requirement to give up. Since different answers correspond to different views about what matters most in a democracy, the trilemma suggests a map of the “logical space” in which different conceptions of democracy are located. It also sharpens our thinking about other impossibility problems of social choice and how to avoid them, by capturing a core structure many of these problems have in common. More broadly, it raises the idea of “cartography of logical space” in relation to contested political concepts. (shrink)

The paper argues that the final value of an object, i.e., its value for its own sake, need not be intrinsic. It need not supervene on the object’s internal properties. Extrinsic final value, which accrues to things in virtue of their relational features, cannot be traced back to the intrinsic value of states that involve these things together with their relations. On the opposite, such states, insofar as they are valuable at all, derive their value from the things involved. The (...) endeavour to reduce thing-values to state-values is largely motivated by a mistaken belief that appropriate responses to value must consist in preferring and/or promoting. A pluralist approach to value analysis obviates the need for reduction: the final value of a thing or a person can be given an independent interpretation in terms of the appropriate thing- or person-oriented responses: admiration, love, respect, protection, cherishing, etc. (shrink)

Introduction: the foundation of justice -- Practical reason and justifying reasons: on the foundation of morality -- Moral autonomy and the autonomy of morality : toward a theory of normativity after Kant -- Ethics and morality -- The justification of justice: Rawls's political liberalism and Habermas's discourse theory in dialogue -- Political liberty: integrating five conceptions of autonomy -- A critical theory of multicultural toleration -- The rule of reasons: three models of deliberative democracy -- Social justice, justification, and power (...) -- The basic right to justification: toward a constructivist conception of human rights -- Constructions of transnational justice: comparing John Rawls's the law of peoples and Otfried Höffe's democracy in an age of globalisation -- Justice, morality, and power in the global context -- Toward a critical theory of transnational justice. (shrink)

Conventional economic theory assumes that people care only about ultimate outcomes and are indifferent to the decision and allocation processes by which outcomes are brought about. Building on Sen (1997), I relax this assumption, and investigate the formal and philosophical issues that arise. I extend the formal apparatus of preference theory to analyse how processes may enter preferences, and investigate whether traditional invariance requirements like the Weak Axiom of Revealed Preference are still satisfied in this new setting. I show that (...) it is, provided certain conditions of separability hold, and I discuss the plausibility of these conditions. Further, I argue that processes are often valued in a mode that diverges from the conventional modes of instrumental and intrinsic/independent valuation. I introduce the notion of dependent non-instrumental valuation, and show how processes could depend on their instrumental function for their value – making their value dependent – and yet derive their value from something else – making it non-instrumental. Dependent non-instrumental value, I argue, can be explained by symbolic and evidential relations between processes and outcomes. (Published Online July 31 2007) Footnotes1 This article is based on the third chapter of my Ph.D. dissertation (Sandbu 2003). I would like to thank Richard Tuck for many discussions over several years, which helped me develop and elaborate the ideas presented here. I am also very grateful to Amartya Sen, Nien-hê Hsieh, Luc Bovens, and Xaq Pitkow for their close readings of various versions of the paper and their incisive comments, questions, and suggestions. Further thanks go to Christopher Avery, Matthias Benz, Jerry Green, Waheed Hussain, David Laibson, Robert Sugden, Alan Strudler, Justin Wolfers, and seminar participants at Harvard University and the Wharton School of Business. Akshay Jashnani provided helpful research assistance. Most of the ideas in the present article were developed while I was the recipient of a doctoral grant from the Research Council of Norway, which I gratefully acknowledge. (shrink)

Political egalitarianism is at the core of most normative conceptions of democratic legitimacy. It finds its minimal expression in the “one person one vote” formula. In the literature on deliberative democracy, political equality is typically interpreted in a more demanding sense, but different interpretations of what political equality requires can be identified. In this paper I shall argue that the attempt to specify political equality in deliberative democracy is affected by a dilemma. I shall illustrate the political egalitarian’s dilemma by (...) a hypothetical choice between two informational bases for political equality: Rawlsian primary goods and Amartya Sen’s capability approach. The political egalitarian’s dilemma reveals a clash between the requirement of ensuring equal possibilities to participate in the democratic process and the requirement of subjecting substantive judgments to deliberative evaluation. As such, the dilemma is a variant of the procedure vs. substance dilemma that is well-known in democratic theory. While it has sometimes been argued that deliberative democracy solves the tension between procedure and substance, the political egalitarian’s dilemma shows that this tension continues within deliberative democracy. (shrink)

Moral philosophers who differ from one another on a wide range of questions tend to agree on at least one general point. Most believe that things are worth valuing either because of their relationship to something else worth valuing, or because they are simply (in themselves) worth valuing. I value my car, because I value getting to work; I value getting to work, because I value making money and spending time productively; and I value those things because I value leading (...) a fulfilling life—and that valuing needs no justification. The values that need to be justified by other values are extrinsic; those that do not are intrinsic. Most traditional philosophical approaches to value justification are foundational in this sense: intrinsic values provide a foundation upon which other values can be justified. (shrink)

The theory of deliberative democracy is here furthered in terms of three images that locate its essence in respectively a single forum, a deliberative system, and an encompassing polity featuring particular integrative norms. The first two are ubiquitous, though contested, the third is stated here. Deliberative theorists need to contemplate how practices that make sense in each image connect to the other two. Forums only make sense when linked in a system that can synthesize very different deliberative virtues. Any system’s (...) democratic qualities can only be evaluated in terms of the polity. While judgment in terms of the conditions of normative integration in the polity is therefore primary, particular forums can promote deliberative authenticity in a system, and systems enable inclusive application of deliberative ideals. Deployed in this way, the three images help solve internal disputes and respond to critics. (shrink)