The paper examines the so-called principle of all-affected interests (PAAI), which holds that political decisions ought to be made in such a manner that all those whose interests are affected by them have appropriate opportunity to participate in them. In conjunction with factual observations regarding global economic interdependence, the PAAI is frequently proposed as the normative premise of arguments for global democracy. The paper argues that these arguments underspecify the supposed wrong of affectedness. It argues that the perceived wrongness of (...) some situations of being affected without an opportunity to participate can be fully captured in terms of inequality rather than exclusion. (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)

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.

Focusing on the terms 'possibly affected persons' and 'those affected' in the Habermasian ' discourse principle', I argue that we need a notion of moral subjects in addition to that of a person and that this notion of moral subjects implies a 'normative gradualism' which weakens the participatory and consensual aspect of discourse theory and strengthens the aspect of enlightened 'advocatory' deliberation in terms of needs and the good life. I argue that this notion of moral subjects represents a challenge (...) for the discourse principle. Confronted with the huge number of moral subjects and of future persons, demanding various kinds of advocatory representation, the Habermasian discourse principle, as stated in Between Facts and Norms, becomes unsatisfactory. (shrink)

Abstract. In this article two conceptions of what it means to say that all affected persons should be granted the right to vote in democratic elections are distinguished and evaluated. It is argued that understanding "affected" in legal terms, as referring to the circle of people bound by political decisions, has many advantages compared to the view referring to everyone affected in mere causal terms. The importance of jurisdictions in deciding rights to democratic influence should hence be recognized more clearly (...) than it currently is in democratic thinking. (shrink)

In this book the practical dimension of social justice is explained using the analysis and discussion of a variety of well-known topics. These include: the relation between theory and practice in normative political philosophy; the issue of justice under uncertainty; the question of whether we can and should unmask social injustices by means of conspiracy theories; the issues of privacy and the right to privacy; the issue of how certain psychological states may affect our moral obligations, in particular the obligation (...) to treat others fairly; and finally the concepts of morality, fairness, and self-deception. The primary goal of the book is to provide readers with an updated discussion of some important and practical social justice issues. These issues are presented from a new perspective, based on the author ́s research. It is hoped that bringing these topics together in a single book will promote the emergence of new insights and challenges for future research. Juha Räikkä is a professor at the Department of Philosophy at the University of Turku, Finland. His research focuses on ethics and political philosophy. (shrink)

A defining feature of democracy is the inclusion of members of the political association. However, the corresponding right to exclusion has attracted undeservedly scant attention in recent debates. In this paper, the nature of the right to exclusion is explored. On the assumption that inclusion requires the allocation of legal power-rights to the people entitled to participate in the making of collective decisions, two conceptions of the right to exclusion are identified: the liberty-right to exclude and the claim-right to exclude. (...) The choice between them depends on the nature of the interests that justifies the power-rights of people included. The position is defended that if rights to democratic participation are power-rights, we must also accept that the people included have claim-rights to the exclusion of non-members. (shrink)