When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by (...) showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government. (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)

In Why Some Things Should Not Be for Sale, philosopher Debra Satz takes a penetrating look at those commodity exchanges that strike most of us as problematic. What considerations, she asks, ought to guide the debates about such markets? What is it about a market involving prostitution or the sale of kidneys that makes it morally objectionable? How is a market in weapons or pollution different than a market in soybeans or automobiles? Are laws and social policies banning the more (...) noxious markets necessarily the best responses to them? Satz contends that categories previously used by philosophers and economists are of limited utility in addressing such questions because they have assumed markets to be homogenous. Accordingly, she offers a broader and more nuanced view of markets--one that goes beyond the usual discussions of efficiency and distributional equality--to show how markets shape our culture, foster or thwart human development, and create and support structures of power. (shrink)

Analyzes the nature of international disagreements and conflict resolution in terms of game theory and non-zero-sum games.

In this provocative book, Jason Brennan challenges our fundamental assumptions about voting, revealing why it is not a duty for most citizens--in fact, he ...

In Considerations on Representative Government, John Stuart Mill concedes that secrecy in voting is often justified but, nonetheless, maintains that it should be the exception rather than the rule. This paper critically examines Mill’s arguments. It shows that Mill’s idea of voting depends on a sharp public/private distinction which is difficult to square with democratic ideas about the different powers and responsibilities of voters and their representatives, or with legitimate differences of belief and interest amongst voters themselves. Hence, it concludes, (...) we should reject the assumption, which many of us share with Mill, that the secret ballot is justified only on prudential grounds and recognise how central privacy is to any democratic conception of citizenship and politics. (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)

In an important and provocative paper Christopher Freiman recently has defended the view that vote-buying should be legal in democratic societies. Freiman offers four arguments in support of this claim: that vote buying would be ex ante beneficial to both the buyers and sellers of votes; that voters enjoy wide discretion in how they use their votes, and so this should extend to selling them; that vote markets would lead to electoral outcomes that better reflect voters’ preferences; and that vote-buying (...) is relevantly similar to other democratic practices that are currently legal, such as logrolling and earmarking. In this paper I will address the last of Freiman’s arguments. I will argue that there are significant disanalogies between vote buying and both logrolling and earmarking, and that these differences justify the legal prohibition of the former practice while legally permitting the latter two. (shrink)

: Does the rejection of pure proceduralism show that we should adopt Brettschneider’s value theory of democracy? The answer, this paper suggests, is ‘no’. There are a potentially infinite number of incompatible ways to understand democracy, of which the value theory is, at best, only one. The paper illustrates and substantiates its claims by looking at what the secret ballot shows us about the importance of privacy and democracy. Drawing on the reasons to reject Mill’s arguments for open voting, in (...) a previous paper by A. Lever, it argues that people’s claims to privacy have a constitutive, as well as an instrumental, importance to democratic government, which is best seen by attending to democracy as a practice, and not merely as a distinctive set of values. (shrink)

What limits should there be on the areas of life that are governed by market forces? For many years, no one seriously defended the buying and selling votes for political elections. In recent years, however, this situation has changed, with a number of authors defending the permissibility of vote markets. One popular objection to such markets is that they would lead to a tyranny of wealth, where the poor are politically dominated by the rich. In a recent paper, Taylor :313–328, (...) 2017. doi: 10.1007/s11158-016-9327-0) has argued that this objection can be avoided if certain restrictions are placed on vote markets. In this paper we will argue that this attempt to rebut an argument against vote markets is unsuccessful. Either vote markets secure their purported benefits but then they inevitably lead to a tyranny of wealth, or they are restricted so heavily that they lack the features that have been claimed to make vote markets attractive in the first place. Using Taylor’s proposal as a test case, we make the more general claim that vote markets cannot avoid the tyranny of wealth objection and bring about their supposed benefits at the same time. (shrink)

A common criticism of plurality voting is that it fails to reflect the degree of intensity with which voters prefer the candidate or policy that they vote for. To rectify this, many critics of plurality voting have argued that vote buying should be allowed. Persons with more intense preferences for a candidate could buy votes from persons with less intense preferences for the opposing candidate and then cast them for the candidate that they intensely support. This paper argues that instead (...) of better reflecting voters’ weighted preferences, vote buying will lead to electoral outcomes that reflect them less accurately. (shrink)

In this strikingly original book, one of the leading scholars in the field focuses on the influential idea of deliberative democracy. Goodin examines the great challenge of how to implement the deliberative ideal among millions of people at once and comes up with a novel solution: 'democratic deliberation within'.

This paper argues for the legalization of vote markets. I contend that the state should not prohibit the sale of votes under certain institutional conditions. Jason Brennan has recently argued for the moral permissibility of vote selling; yet, thus far, no philosopher has argued for the legal permissibility of vote selling. I begin by giving four prima facie reasons in favour of legalizing vote markets. First, vote markets benefit both buyers and sellers. Second, citizens already enjoy significant discretion in their (...) use of their vote, including the ability to use their vote in ways antithetical to justice and the public interest. Third, vote markets are relevantly similar to other democratic practices that are legally permissible. Fourth, vote markets enable elections to better reflect the intensity of citizens’ preferences. Next, I reply to two counter-arguments. The first contends that vote markets will increase the political power of the wealthy; the second contends that votes must be used in the serv.. (shrink)

Democracy used to be seen as a relatively mechanical matter of merely adding up everyone's votes in free and fair elections. That mechanistic model has many virtues, among them allowing democracy to 'track the truth', where purely factual issues are all that is at stake. Political disputes invariably mix facts with values, however, and then it is essential to listen to what people are saying rather than merely note how they are voting. The great challenge is how to implement that (...) deliberative ideal among millions of people at once. In this strikingly original book, Goodin offers a solution: 'democratic deliberation within'. Building on models of ordinary conversational dynamics, he suggests that people simply imagine themselves in the position of various other people they have heard or read about and ask, 'What would they say about this proposal?' Informing the democratic imaginary then becomes the key to making deliberations more reflective - more empathetic, more considered, more expansive across time and distance. (shrink)

The Tanner Lectures on Human Values is the annual publication of lectures given at Clare Hall, Cambridge University; Brasenose College, Oxford University; Harvard University; Yale University; the University of California; Stanford University; the University of Michigan; and the University of Utah as well as other locations. Established to reflect upon the scholarly and scientific learning relating to human values, the lectureships are international and intercultural, and transcend ethnic, national, religious, and ideological distinctions. This Volume X, first published in 1989, includes: (...) ALBERT O. HIRSCHMAN 'Two Hundred Years of Reactionary Rhetoric: The Case of the Perverse Effect'; ROBERT A. DAHL 'The Pseudodemocratization of the American Presidency'; JAVIER MUGUERZA 'The Alternative of Dissent'; WILLIAM THEODORE DE BARY 'The Trouble with Confucianism'; ANTHONY QUINTON 'The Varieties of Value'; BARRY STROUD 'The Study of Human Nature and the Subjectivity of Value'. (shrink)

A standard objection to a market in political votes is that it will enable the rich politically to dominate the poor. If a market in votes was allowed then the poor would be the most likely sellers and the rich the most likely buyers. The rich would thus accumulate the votes of the poor, and so the candidates elected and the policies passed would represent only their interests and not those of the electorate as a whole. To ensure that the (...) poor do not become de facto disenfranchised, then, markets in votes should be disallowed. This objection seems so straightforward and compelling that it has received almost no critical scrutiny. This is unfortunate, for close examination reveals that this argument is not as straightforward as it initially appears. Indeed, there are four different ways of understanding this objection. It could be understood as expressing: the concern that markets in votes would enable candidates to win elections who would otherwise lose them; the concern that they would enable the election of candidates opposed by the majority of the electorate; the concern that they would lead to the poor having disproportionately low political influence; and the concern that they would lead to the rich having disproportionately high political influence. I will argue in this paper that only and could plausibly ground objections to markets in votes. Moreover, these will only plausibly ground objections to unrestricted markets in votes; they will not ground objections to markets in votes per se. Thus, if we are to continue to object to markets in political votes we will have to do this on grounds other than that were they to be allowed the rich will politically dominate the poor. (shrink)

Christopher Freiman, Jason Brennan, and Peter M. Jaworski have recently defended markets in votes. While their views differ in several respects they all believe that the primary justificatory burden lies not with those who defend markets in votes but with those who oppose them. Yet while the burden of proof should typically rest with those who wish to prohibit markets in certain goods this does not hold for the debate over markets in votes. Votes are crucially different from other goods (...) in that for a market in them to exist, it is not enough that it be legalized; it must also be provided with institutional support so that the buyer of a vote would know that it has been cast as she wished. Defenders of markets in votes must thus provide positive arguments for the view that markets in votes should be institutionally facilitated—they cannot simply try to shift the burden of proof onto those who oppose them. This is bad news for those who defend the legalization of vote-buying, for none of the positive arguments that Freiman has offered in favor of the legalization of this type of vote-buying are sound. (shrink)

A common argument used to defend markets in ‘contested commodities’ is based on the value of personal autonomy. Autonomy is of great moral value; removing options from a person's choice set would compromise her ability to exercise her autonomy; hence, there should be a prima facie presumption against removing options from persons’ choice sets; thus, the burden of proof lies with those who wish to prohibit markets in certain goods. Christopher Freiman has developed a version of this argument to defend (...) markets in votes. I argue that Freiman's argument fails, and that its failure illustrates the falsity of the widespread claim that the more options a person has available to her the better able she will be to exercise her autonomy. In Part 1, I outline Freiman's argument from ‘the presumption of voter liberty’ for legalising markets in votes. In Part 2, I argue that the option to sell one's vote in a legal market for them would be a ‘constraining option’ – an option which, if chosen, would be likely to lead to a diminution in a person's future ability to exercise her autonomy. In Part 3, I respond to objections to my arguments. (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)