In this innovative and important work, Gerald Gaus advances a revised and more realistic account of public reason liberalism, showing how, in the midst of fundamental disagreement about values and moral beliefs, we can achieve a moral and political order that treats all as free and equal moral persons. The first part of this work analyzes social morality as a system of authoritative moral rules. Drawing on an earlier generation of moral philosophers such as Kurt Baier and Peter Strawson as (...) well as current work in the social sciences, Gaus argues that our social morality is an evolved social fact, which is the necessary foundation of a mutually beneficial social order. The second part considers how this system of social moral authority can be justified to all moral persons. Drawing on the tools of game theory, social choice theory, experimental psychology and evolutionary theory, Gaus shows how a free society can secure a moral equilibrium that is endorsed by all, and how a just state respects, and develops, such an equilibrium. (shrink)

The practice of unrestricted universal suffrage is unjust. Citizens have a right that any political power held over them should be exercised by competent people in a competent way. Universal suffrage violates this right. To satisfy this right, universal suffrage in most cases must be replaced by a moderate epistocracy, in which suffrage is restricted to citizens of sufficient political competence. Epistocracy itself seems to fall foul of the qualified acceptability requirement, that political power must be distributed in ways against (...) which there are no qualified objections. However, it is less intrinsically unjust than democracy with universal suffrage, and probably produces more just outcomes. Thus epistocracy is more just than democracy, even if not perfectly just. (shrink)

ABSTRACTHélène Landemore claims that under certain conditions, democracies with universal suffrage will tend to make smarter and better decisions than epistocracies, even though most citizens in modern democracies are extremely ignorant about politics. However, there is ample empirical evidence that citizens make systematic errors. If so, it is fatal to Landemore's defense of democracy, which, if it works at all, applies only to highly idealized situations that are unlikely to occur in the real world. Critics of democracy will find little (...) in Landemore's defense of democracy to make them change their minds. (shrink)

It is widely accepted that electoral representative democracy is better—along a number of different normative dimensions—than any other alternative lawmaking political arrangement. It is not typically seen as much of a competition: it is also widely accepted that the only legitimate alternative to electoral representative democracy is some form of direct democracy, but direct democracy—we are told—would lead to bad policy. This article makes the case that there is a legitimate alternative system—one that uses lotteries, not elections, to select political (...) officials— that would be better than electoral representative democracy. (shrink)

This book advances a theory of personal, public and political justification. Drawing on current work in epistemology and cognitive psychology, the work develops a theory of personally justified belief. Building on this account, it advances an account of public justification that is more normative and less "populist" than that of "political liberals." Following the social contract theories of Hobbes, Locke and Kant, the work then argues that citizens have conclusive reason to appoint an umpire to resolve disputes arising from inconclusive (...) public justifications. The rule of law, liberal democracy and limited judicial review are defended as elements of a publicly justified umpiring procedure. (shrink)

William Galston is a distinguished political philosopher whose work is informed by the experience of having also served from 1993–5 as President Clinton's Deputy Assistant for Domestic Policy. He is thus able to speak with an authority unique amongst political theorists about the implications of advancing certain moral and political values in practice. The foundational argument of this 2002 book is that liberalism is compatible with the value pluralism first espoused by Isaiah Berlin. William Galston defends a version of value (...) pluralism - liberal pluralism - and argues, against the contentions of John Gray and others, that it undergirds a kind of liberal politics that gives weight to the ability of individuals and groups to live their lives in accordance with their deepest beliefs about what gives meaning and purpose to life. (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 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)

James Madison wrote, 'Had every Athenian citizen been a Socrates, every Athenian assembly would still have been a mob'. The contributors to this volume discuss and for the most part challenge this claim by considering conditions under which many minds can be wiser than one. With backgrounds in economics, cognitive science, political science, law and history, the authors consider information markets, the internet, jury debates, democratic deliberation and the use of diversity as mechanisms for improving collective decisions. At the same (...) time, they consider voter irrationality and paradoxes of aggregation as possibly undermining the wisdom of groups. Implicitly or explicitly, the volume also offers guidance and warnings to institutional designers. (shrink)

William Galston is a distinguished political philosopher whose work is informed by the experience of having also served from 1993–5 as President Clinton's Deputy Assistant for Domestic Policy. He is thus able to speak with an authority unique amongst political theorists about the implications of advancing certain moral and political values in practice. The foundational argument of this 2002 book is that liberalism is compatible with the value pluralism first espoused by Isaiah Berlin. William Galston defends a version of value (...) pluralism - liberal pluralism - and argues, against the contentions of John Gray and others, that it undergirds a kind of liberal politics that gives weight to the ability of individuals and groups to live their lives in accordance with their deepest beliefs about what gives meaning and purpose to life. (shrink)