In her 2004 book Carol Gould addresses the fundamental issue of democratizing globalization, that is to say of finding ways to open transnational institutions and communities to democratic participation by those widely affected by their decisions. The book develops a framework for expanding participation in crossborder decisions, arguing for a broader understanding of human rights and introducing a new role for the ideas of care and solidarity at a distance. Reinterpreting the idea of universality to accommodate a multiplicity of cultural (...) perspectives, the author takes up a number of applied issues, including the persistence of racism, cultural rights, women's human rights, the democratic management of firms, the use of the Internet to enhance political participation, and the importance of empathy and genuine democracy in understanding terrorism and responding to it. Accessibly written with a minimum of technical jargon this is a major contribution to political philosophy. (shrink)

In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, (...) noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

This article contrasts the sense in which those whom Bernard Williams called ‘political realists’ and John Rawls are committed to the idea that political philosophy has to be distinctively political. Distinguishing the realist critique of political moralism from debates over ideal and non-ideal theory, it is argued that Rawls is more realist than many realists realise, and that realists can learn more about how to make a distinctively political vision of how our life together should be organised from his theorising, (...) although it also points to a worrying tendency among Rawlsians to reach for inappropriately moralised arguments. G. A. Cohen's advocacy of socialism and the second season of HBO's The Wire are used as examples to illustrate these points. (shrink)

This paper generalises the classical Condorcet jury theorem from majority voting over two options to plurality voting over multiple options. The paper further discusses the debate between epistemic and procedural democracy and situates its formal results in that debate. The paper finally compares a number of different social choice procedures for many-option choices in terms of their epistemic merits. An appendix explores the implications of some of the present mathematical results for the question of how probable majority cycles (as in (...) Condorcet's paradox) are in large electorates. (shrink)

A globalized world, some argue, needs a global democracy. But there is considerable disagreement about whether global democracy is an ideal worth pursuing. One of the main grounds for scepticism is captured by the slogan: “No global demos, no global democracy.” The fact that a key precondition of democracy—a demos—is absent at the global level, some argue, speaks against the pursuit of global democracy. The paper discusses four interpretations of the skeptical slogan—each based on a specific account of the notion (...) of “the demos”—and concludes that none of them establishes that the global democratic ideal must be abandoned. In so doing, the paper (i) systematizes different types of objections against global democracy, thus bringing some clarity to an otherwise intricate debate and (ii) offers a robust but qualified defense of the global democratic ideal. (shrink)

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)

Williams did not think of political problems as a mere adjunct to ethical questions. He believed that there can be no timeless justification of political power, which he takes Kant and Rawls to aim at. Likewise, liberalism ignores that legitimation depends on historical circumstances. Williams’s historical relativism comes hand in hand with a realism that makes him object to utopian theories. To him, political projects are “essentially conditioned, not just in their background intellectual conditions but as a matter of empirical (...) realism, by their historical circumstances.”. (shrink)

Political realists’ rejection of the so-called ‘ethics first’ approach of political moralists, has raised concerns about their own source of normativity. Some realists have responded to such concerns by theorizing a distinctively political normativity. According to this view, politics is seen as an autonomous, independent domain with its own evaluative standards. Therefore, it is in this source, rather than in some moral values ‘outside’ of this domain, that normative justification should be sought when theorizing justice, democracy, political legitimacy, and the (...) like. For realists the question about a distinctively political normativity is important, because they take the fact that politics is a distinct affair to have severe consequences for both how to approach the subject matter as such and for which principles and values can be justified. Still, realists have had a hard time clarifying what this distinctively political normativity consists of and why, more precisely, it matters. The aim of this paper is to take some further steps in answering these questions. We argue that realists have the choice of committing themselves to one of two coherent notions of distinctively political normativity: one that is independent of moral values, where political normativity is taken to be a kind of instrumental normativity; another where the distinctness still retains a justificatory dependence on moral values. We argue that the former notion is unattractive since the costs of commitment will be too high, and that the latter notion is sound but redundant since no moralist would ever reject it. Furthermore, we end the paper by discussing what we see as the most fruitful way of approaching political and moral normativity in political theory. (shrink)

Who should have a right to take part in which decisions in democratic decision making? This “boundary problem” is a central issue for democracy and is of both practical and theoretical import. If nothing else, all different notions of democracy have one thing in common: a reference to a community of individuals, “a people”, who takes decision in a democratic fashion. However, that a decision is made with a democratic decision method by a certain group of people doesn’t suffice for (...) making the decision democratic or satisfactory from a democratic perspective. The group also has to be the right one. But what makes a group the right one? The criteria by which to identify the members of the people entitled to participate in collective decisions have been surprisingly difficult to pin down. In this paper, I shall revisit some of the problems discussed in my 2005 paper in light of some recent criticism and discussion of my position in the literature, and address a number of new issues. (shrink)

Who should have a right to participate in a polity’s decision-making? Although the answers to this ‘boundary problem’ in democratic theory remain controversial, it is widely believed that the enfranchisement of tourists and children is unacceptable. Yet, the two most prominent inclusion principles in the literature – Robert Goodin’s ‘all (possibly) affected interests’-principle and the ‘all subjected to law’-principle – both enfranchise those groups. Unsurprisingly, democratic theorists have therefore offered several reasons for nonetheless exempting tourists and children from the franchise. (...) In this paper, I argue that their attempts fail. None of the proposed rationales can do the job without having unacceptable implications for the voting rights of other groups. I then develop a new specification of the affected interests-view, one that avoids such problems. According to my life plan-principle, a person is entitled to participate in a polity’s decision-making if and only if its decisions will actually affect her autonomously chosen life plans, or prevent her from developing or revising plans of that kind. I show that this principle straightforwardly avoids enfranchising tourists and children, and thus improves upon its two prominent rivals. The paper ends by considering and rejecting two objections to my new principle. (shrink)

All contributions included in the present issue were originally prepared for an “Author Meets Critics” session organized by Carl Sachs for the Eastern Division Meeting of the American Philosophical Association in Savannah, Georgia, on 5th January, 2018.

A slew of recent political theorists—many taking their cue from the political writings of Bernard Williams—have recently contended that political normativity is its own kind of normativity, distinct from moral normativity. In this article, we first attempt to clarify what this claim amounts to and then reconstruct and interrogate five major arguments for it. We contend that all these arguments are unconvincing and fail to establish a sense in which political normativity is genuinely separate from morality.

The central ideas coming out of the so-called pragmatic turn in philosophy have set in motion what may be described as a pragmatic turn in normative political theory. It has become commonplace among political theorists to draw on theories of language and meaning in theorising democracy, pluralism, justice, etc. The aim of this paper is to explore attempts by political theorists to use theories of language and meaning for such normative purposes. Focusing on Wittgenstein's account, it is argued that these (...) attempts are unsuccessful. It is shown that pragmatically influenced political theorists draw faulty epistemological, ontological and semantic conclusions from Wittgenstein's view in their normative theorising, and it is argued that pragmatically influenced theories of language and meaning, however full of insight, cannot be put to substantial normative use in political theory. The general scope of the thesis is motivated by pointing to the general form of the argument and by moving beyond Wittgenstein to other philosophers of mind and language, illustrating how similar overextensions are made with regard to Robert Brandom's theory of language and meaning. (shrink)

Abstract:This essay seeks to defend the claim that political philosophy ought to be appropriately guided by the phenomenon of politics that it seeks to both offer a theory of and, especially in its normative guise, offer a theory for. It does this primarily through the question of political values. It begins by arguing that for any value to qualify as a value for the political domain, it must be intelligible in relation to the constitutive features of politics as a human (...) activity. It then examines the extent to which the preconditions for the realization of values in practice ought to figure in our considerations as to whether they are values that fit or belong to our social world. We can understand these parts of the essay as responding to two related questions, respectively: (i) Is this a political value at all? — which is to ask, is it a value that is appropriate for the political realm?; and then (ii) Is this a political value for us? The final section responds to the often-made complaint that political philosophy ought not to make any concessions to the actual world of politics as it really is, arguing that attending to the realities of politics, and in particular the constitutive conditions of political activity, gives meaning to the enterprise as the theorization of politics (and not something else). Furthermore those same conditions provide the limits of intelligibility beyond which ideals and values can no longer be, in any meaningful sense, ideals and values for the political sphere. (shrink)

Towards Justice and Virtue challenges the rivalry between those who advocate only abstract, universal principles of justice and those who commend only the particularities of virtuous lives. Onora O'Neill traces this impasse to defects in underlying conceptions of reasoning about action. She proposes and vindicates a modest account of ethical reasoning and a reasoned way of answering the question 'who counts?', then uses these to construct linked accounts of principles by which we can move towards just institutions and virtuous lives.

Abizadeh has argued that because border controls coerce would-be immigrants and invade their autonomy, they are entitled to participate in the democratic institutions that impose those controls. In reply, the author distinguishes between coercion and prevention, shows that prevention need not undermine autonomy, and concludes that although border controls may restrict freedom, they do not give rise to democratic entitlements.

The question of whether or not a closed border entry policy under the unilateral control of a democratic state is legitimate cannot be settled until we first know to whom the justification of a regime of control is owed. According to the state sovereignty view, the control of entry policy, including of movement, immigration, and naturalization, ought to be under the unilateral discretion of the state itself: justification for entry policy is owed solely to members. This position, however, is inconsistent (...) with the democratic theory of popular sovereignty. Anyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries. Because the demos of democratic theory is in principle unbounded, the regime of boundary control must be democratically justified to foreigners as well as to citizens, in political institutions in which both foreigners and citizens can participate. (shrink)

In political theory it goes without saying that the constitution of government raises a claim for legitimacy. With the constitution of the people, however, it is different. It is often dismissed as a historical question. The conviction is that since the people cannot decide on its own composition the boundaries of democracy must be determined by other factors, such as the contingent forces of history. This article critically assesses this view. It argues that like the constitution of government, the constitution (...) of the people raises a claim for legitimacy. The failure to see this is what makes many theorists run into the arms of history. They submit the legitimacy of the people to the arbitrary and asymmetrical forces of the present. (shrink)

In a previous article, we unpacked the so-called “ethics first premise”—the idea that ethics is “prior” to politics when theorizing political legitimacy— that is denied by political realists. We defended a “justificatory” reading of this premise, according to which political justification is irreducibly moral in the sense that moral values are among the values that ground political legitimacy. We called this the “necessity thesis.” In this paper we respond to two challenges that Robert Jubb and Enzo Rossi raise against our (...) proposal. Their first claim is that our argument for the necessity thesis is question begging, since we assume rather than show that freedom and equality are moral values. The second claim is that Bernard Williams’s Basic Legitimacy Demand demonstrates the possibility of giving political legitimacy a non-moral foundation, since it allows for a distinction to be made between politics and sheer domination. We refute both claims. (shrink)

The central ideas coming out of the so-called pragmatic turn in philosophy have set in motion what may be described as a pragmatic turn in normative political theory. It has become commonplace among political theorists to draw on theories of language and meaning in theorising democracy, pluralism, justice, etc. The aim of this paper is to explore attempts by political theorists to use theories of language and meaning for such normative purposes. Focusing on Wittgenstein's account, it is argued that these (...) attempts are unsuccessful. It is shown that pragmatically influenced political theorists draw faulty epistemological, ontological and semantic conclusions from Wittgenstein's view in their normative theorising, and it is argued that pragmatically influenced theories of language and meaning, however full of insight, cannot be put to substantial normative use in political theory. The general scope of the thesis is motivated by pointing to the general form of the argument and by moving beyond Wittgenstein to other philosophers of mind and language, illustrating how similar overextensions are made with regard to Robert Brandom's theory of language and meaning. (shrink)

Cultural-nationalist and democratic theory both seek to legitimize political power via collective self-rule: their principle of legitimacy refers right back to the very persons over whom political power is exercised. But such self-referential theories are incapable of jointly solving the distinct problems of legitimacy and boundaries, which they necessarily combine, once it is assumed that the self-ruling collectivity must be a pre-political, in-principle bounded, ground of legitimacy. Cultural nationalism claims that political power is legitimate insofar as it expresses the nation’s (...) pre-political culture, but it cannot fix cultural-national boundaries pre-politically. Hence the collapse into ethnic nationalism. Traditional democratic theory claims that political power is legitimized pre-politically, but cannot itself legitimize the boundaries of the people. Hence the collapse into cultural nationalism. Only once we recognize that the demos is in principle unbounded, and abandon the quest for a pre-political ground of legitimacy, can democratic theory fully avoid this collapse of demos into nation into ethnos. But such a theory departs radically from traditional theory. (shrink)

Today the question of the moral foundations of democracy is more important then ever. In this book the author helps to explain when and why democracy is important and also gives us guidance as to how democracies ought to be shaped.

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)

This item was published as 'Appendix 3: An Implication of the k-option Condorcet jury mechanism for the probability of cycles' in List and Goodin (2001) http://eprints.lse.ac.uk/705/. Standard results suggest that the probability of cycles should increase as the number of options increases and also as the number of individuals increases. These results are, however, premised on a so-called "impartial culture" assumption: any logically possible preference ordering is assumed to be as likely to be held by an individual as any other. (...) The present chapter shows, in the three-option case, that given suitably systematic, however slight, deviations from an impartial culture situation, the probability of a cycle converges either to zero (more typically) or to one (less typically) as the number of individuals increases. (shrink)

The democratic boundary problem arises because it appears that the units within which democratic decision procedures will operate cannot themselves be constituted democratically. The study argues that setting the boundaries of democracy involves attending simultaneously to three variables: domain (where and to whom do decisions apply), constituency (who is entitled to be included in the deciding body) and scope (which issues should be on the decision agenda). Most of the existing literature has focussed narrowly on the constituency question, endorsing either (...) the All‐Affected Interests Principle or the All Subjected Principle, but neither is satisfactory as a general solution. In particular, the former fails to explain why having interests at stake in a decision necessarily gives you the right to participate in making it, and the latter, although more plausible on that count, assumes that the domain and scope issues have already been settled. To make progress, we need to bring democratic values to bear on the boundary problem. The units we favour should be those that are likely to promote political equality and solidarity among members of the demos. Although this approach will often justify existing territorial states as sites of democracy, it can also generate arguments for making boundary changes along one or other dimension. (shrink)

The “demos paradox” is the idea that the composition of a demos could never secure democratic legitimacy because the composition of a demos cannot itself be democratically decided. Those who view this problem as unsolvable argue that this insight allows them to adopt a critical perspective towards common ideas about who has legitimate standing to participate in democratic decision-making. We argue that the opposite is true and that endorsing the demos paradox actually undermines our ability to critically engage with common (...) ideas about legitimate standing. We challenge the conception of legitimacy that lurks behind the demos paradox and argue that the real impossibility is to endorse democracy without also being committed to significant procedure-independent standards for the legitimate composition of the demos. We show that trying to solve the problem of the demos by appeal to some normative conception of democratic legitimacy is a worthwhile project that is not undermined by paradox. (shrink)

Although the focus of "Globalizing Democracy and Human Rights" is practical, Gould does not shy away from hard theoretical questions, such as the relentless debate over cultural relativism, and the relationship between terrorism and democracy.

While methodological and metatheoretical questions pertaining to feasibility have been intensively discussed in the philosophical literature on feasibility and justice in recent years, these discussions have not permeated the debate on global democracy. The overall aim in this paper is to demonstrate the fruitfulness of importing some of the advancements made in this literature into the debate on global democracy as well as to develop aspects that are relevant for explaining the role of feasibility in normative political theory. This is (...) done by pursuing two arguments. First, to advance the work on the role of feasibility, we suggest two metatheoretical constraints on normative political theorizing as intuitively plausible – the ‘fitness constraint’ and the ‘functional constraint’ – which elucidate a number of aspects relevant for determining proper feasibility constraints of an account in political theory. Second, to illustrate the usefulness of this feasibility framework, we sketch an account of global democracy consisting of normative principles which respond differently to these aspects and thus are tied to different feasibility constraints as well as exemplify how it may be applied in practice. (shrink)