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Political legitimacy

Stanford Encyclopedia of Philosophy (2010)

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  1. Hypothetical Consent and Justification.Cynthia Stark - 2000 - Journal of Philosophy 97 (6):313.
    Hypothetical contracts have been said to be not worth the paper they are not written on. This paper defends hypothetical consent theories of justice, such as Rawls's, against the view that they lack justificatory power. I argue that while hypothetical consent cannot generate political obligation, it can generate political legitimacy.
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  • Democracy and Moral Conflict.Robert B. Talisse - 2009 - Cambridge University Press.
    Why democracy? Most often this question is met with an appeal to some decidedly moral value, such as equality, liberty, dignity or even peace. But in contemporary democratic societies, there is deep disagreement and conflict about the precise nature and relative worth of these values. And when democracy votes, some of those who lose will see the prevailing outcome as not merely disappointing, but morally intolerable. How should citizens react when confronted with a democratic result that they regard as intolerable? (...)
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  • The Order of Public Reason: A Theory of Freedom and Morality in a Diverse and Bounded World.Gerald F. Gaus - 2010 - New York: Cambridge University Press.
    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 (...)
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  • On Legitimacy and Political Deliberation.Bernard Manin - 1987 - Political Theory 15 (3):338-368.
    This essay asks why Aristotle, certainly no friend to unlimited democracy, seems so much more comfortable with unconstrained rhetoric in political deliberation than current defenders of deliberative democracy. It answers this question by reconstructing and defending a distinctly Aristotelian understanding of political deliberation, one that can be pieced together out of a series of separate arguments made in the Rhetoric, the Politics, and the Nicomachean Ethics.
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  • The Problem of Global Justice.Thomas Nagel - 2005 - Philosophy and Public Affairs 33 (2):113-147.
    We do not live in a just world. This may be the least controversial claim one could make in political theory. But it is much less clear what, if anything, justice on a world scale might mean, or what the hope for justice should lead us to want in the domain of international or global institutions, and in the policies of states that are in a position to affect the world order. By comparison with the perplexing and undeveloped state of (...)
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  • Distributive Justice, State Coercion, and Autonomy.Michael Blake - 2001 - Philosophy and Public Affairs 30 (3):257-296.
    Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use.
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  • Authority and Coercion.Arthur Ripstein - 2004 - Philosophy and Public Affairs 32 (1):2-35.
    I am grateful to Donald Ainslie, Lisa Austin, Michael Blake, Abraham Drassinower, David Dyzenhaus, George Fletcher, Robert Gibbs, Louis-Philippe Hodgson, Sari Kisilevsky, Dennis Klimchuk, Christopher Morris, Scott Shapiro, Horacio Spector, Sergio Tenenbaum, Malcolm Thorburn, Ernest Weinrib, Karen Weisman, and the Editors of Philosophy & Public Affairs for comments, and audiences in the UCLA Philosophy Department and Columbia Law School for their questions.
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  • Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy.Jurgen Habermas (ed.) - 1996 - Polity.
    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, (...)
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  • Justification and Legitimacy: Essays on Rights and Obligations.A. John Simmons - 2003 - Law and Philosophy 22 (2):195-216.
    A. John Simmons is widely regarded as one of the most innovative and creative of today's political philosophers. His work on political obligation is regarded as definitive and he is also internationally respected as an interpreter of John Locke. The characteristic features of clear argumentation and careful scholarship that have been hallmarks of his philosophy are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories of property (...)
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  • Democratic Equality and Political Authority.Daniel Viehoff - 2014 - Philosophy and Public Affairs 42 (4):337-375.
    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. (...)
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  • Realism in Normative Political Theory.Enzo Rossi & Matt Sleat - 2014 - Philosophy Compass 9 (10):689-701.
    This paper provides a critical overview of the realist current in contemporary political philosophy. We define political realism on the basis of its attempt to give varying degrees of autonomy to politics as a sphere of human activity, in large part through its exploration of the sources of normativity appropriate for the political and so distinguish sharply between political realism and non-ideal theory. We then identify and discuss four key arguments advanced by political realists: from ideology, from the relationship of (...)
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  • Democratic Authority: A Philosophical Framework.David Estlund - 2008 - Princeton University Press.
    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 (...)
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  • Liberal Loyalty: Freedom, Obligation, and the State.Anna Stilz - 2009 - Princeton University Press.
    Many political theorists today deny that citizenship can be defended on liberal grounds alone. Cosmopolitans claim that loyalty to a particular state is incompatible with universal liberal principles, which hold that we have equal duties of justice to persons everywhere, while nationalist theorists justify civic obligations only by reaching beyond liberal principles and invoking the importance of national culture. In Liberal Loyalty, Anna Stilz challenges both views by defending a distinctively liberal understanding of citizenship. Drawing on Kant, Rousseau, and Habermas, (...)
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  • Legitimacy in Realist Thought.Matt Sleat - 2014 - Political Theory 42 (3):314-337.
    What, if anything, can realism say about the normative conditions of political legitimacy? Must a realist political theory accept that the ability to successfully employ coercive power is equivalent to the right to rule, or can it incorporate normative criteria for legitimacy but without collapsing into a form of moralism? While several critics argue that realism fails to adequately differentiate itself from moralism or that it cannot coherently appeal to normative values so as to distinguish might from right, this article (...)
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  • Political Authority and Political Obligation.Stephen Perry - 2013 - In Perry Stephen R. (ed.), Oxford Studies in Philosophy of Law: Volume 2. Oxford University Press. pp. 1-74.
    Legitimate political authority is often said to involve a “right to rule,” which is most plausibly understood as a Hohfeldian moral power on the part of the state to impose obligations on its subjects (or otherwise to change their normative situation). Many writers have taken the state’s moral power (if and when it exists) to be a correlate, in some sense, of an obligation on the part of the state’s subjects to obey its directives. Thus legitimate political authority is said (...)
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  • The Sexual Contract.Carole Pateman - 1988 - Polity Press.
    Pateman challenges the way contemporary society functions by questioning the standard interpretation of an idea that is deeply embedded in American and British political thought: that our rights and freedoms derive from the social contract explicated by Locke, Hobbes, and Rousseau and interpreted in the United States by the Founding Fathers. The author shows how we are told only half the story of the original contract that establishes modern patriarchy. The sexual contract is ignored and thus men's patriarchal right over (...)
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  • (1 other version)A Theory of Justice.John Rawls - 1971 - Oxford,: Harvard University Press. Edited by Steven M. Cahn.
    Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.
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  • Political Liberalism.John Rawls - 1993 - Columbia University Press.
    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 (...)
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  • Assessing the global order: justice, legitimacy, or political justice?Laura Valentini - 2012 - Critical Review of International Social and Political Philosophy 15 (5):593-612.
    Which standards should we employ to evaluate the global order? Should they be standards of justice or standards of legitimacy? In this article, I argue that liberal political theorists need not face this dilemma, because liberal justice and legitimacy are not distinct values. Rather, they indicate what the same value, i.e. equal respect for persons, demands of institutions under different sets of circumstances. I suggest that under real-world circumstances – characterized by conflicts and disagreements – equal respect demands basic-rights protection (...)
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  • Justice, Legitimacy, and (Normative) Authority for Political Realists.Enzo Rossi - 2012 - Critical Review of International Social and Political Philosophy 15 (2):149-164.
    One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant approach I (...)
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  • The Authority of the State.Leslie Green - 1988 - Clarendon Press.
    The modern state claims supreme authority over the lives of all its citizens. Drawing together political philosophy, jurisprudence, and public choice theory, this book forces the reader to reconsider some basic assumptions about the authority of the state. Various popular and influential theories - conventionalism, contractarianism, and communitarianism - are assessed by the author and found to fail. Leslie Green argues that only the consent of the governed can justify the state's claims to authority. While he denies that there is (...)
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  • Liberalism Without Perfection.Jonathan Quong - 2010 - Oxford University Press.
    Liberalism without Perfection offers an introduction to the debate between liberal perfectionism and political liberalism. This book is a new account and defence of Rawlsian political liberalism, one of the most discussed, but widely misunderstood and criticized theories in contemporary political theory.
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  • An Instrumental Argument for a Human Right to Democracy.Thomas Christiano - 2011 - Philosophy and Public Affairs 39 (2):142-176.
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  • Perfectionist Liberalism and Political Liberalism.Martha C. Nussbaum - 2011 - Philosophy and Public Affairs 39 (1):3-45.
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  • On respect, authority, and neutrality: A response.Joseph Raz - 2010 - Ethics 120 (2):279-301.
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  • Can there be a global Demos? An agency-based approach.Christian List & Mathias Koenig-Archibugi - 2010 - Philosophy and Public Affairs 38 (1):76-110.
    Can there be a global demos? The current debate about this topic is divided between two opposing camps: the “pessimist” or “impossibilist” camp, which holds that the emergence of a global demos is either conceptually or empirically impossible, and the “optimist” or “possibilist” camp, which holds that the emergence of a global demos is conceptually as well as empirically possible and an embryonic version of it already exists. However, the two camps agree neither on a common working definition of a (...)
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  • Democratic Legitimacy.Fabienne Peter - 2008 - Routledge.
    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 (...)
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  • Anarchy, State, and Utopia.Robert Nozick - 1974 - New York: Basic Books.
    Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.
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  • Justice, legitimacy, and self-determination: moral foundations for international law.Allen E. Buchanan - 2003 - New York: Oxford University Press.
    This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among states, (...)
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  • Justice as fairness: a restatement.John Rawls (ed.) - 2001 - Cambridge: Harvard University Press.
    This book originated as lectures for a course on political philosophy that Rawls taught regularly at Harvard in the 1980s.
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  • The law of peoples.John Rawls - 1999 - Cambridge: Harvard University Press. Edited by John Rawls.
    Consisting of two essays, this work by a Harvard professor offers his thoughts on the idea of a social contract regulating people's behavior toward one another.
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  • Political philosophy.Jean Hampton - 1997 - Boulder, Colo.: Westview Press.
    Political philosophy, perhaps even more than other branches of philosophy, calls for constant renewal to reflect not just re-readings of the tradition but also the demands of current events. In this lively and readable survey, Jean Hampton has created a text for our time that does justice both to the great traditions of the field and to the newest developments. In a marvelous feat of synthesis, she links the classical tradition, the giants of the modern period, the dominant topics of (...)
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  • Ethics in the public domain: essays in the morality of law and politics.Joseph Raz - 1994 - New York: Oxford University Press.
    In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This (...)
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  • The political and social theory of Max Weber: collected essays.Wolfgang J. Mommsen - 1989 - Chicago: University of Chicago Press.
    Concentrating on Weber's engagement with political issues and their influence over his more theoretical concepts, Mommsen offers a critical analysis of Weber's notion of democracy, distinguishing its liberal and elitist features.
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  • Two forms of realism in political theory.Alice Baderin - 2014 - European Journal of Political Theory 13 (2):132-153.
    This paper explores contemporary debates about the meaning and value of realism in political theory. I seek to move beyond the widespread observation that realism encompasses a diverse set of critiques and commitments, by urging that we recognize two key strands in recent realist thought. Detachment realists claim that political theory is excessively abstract and infeasible and thereby fails adequately to inform actual political decision-making. Displacement critics, on the other hand, suggest that political theory threatens or disrespects real politics. Not (...)
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  • Democracy and equality.Steven Wall - 2007 - Philosophical Quarterly 57 (228):416–438.
    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 (...)
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  • Theoretical foundations of liberalism.Jeremy Waldron - 1987 - Philosophical Quarterly 37 (147):127-150.
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  • Tacit consent and political obligation.A. John Simmons - 1976 - Philosophy and Public Affairs 5 (3):274-291.
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  • Justice, deviance, and the dark ghetto.Tommie Shelby - 2007 - Philosophy and Public Affairs 35 (2):126–160.
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  • Enfranchising all affected interests, and its alternatives.Robert E. Goodin - 2007 - Philosophy and Public Affairs 35 (1):40–68.
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  • The authority of democracy.Thomas Christiano - 2004 - Journal of Political Philosophy 12 (3):266–290.
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  • Defending the purely instrumental account of democratic legitimacy.Richard J. Arneson - 2003 - Journal of Political Philosophy 11 (1):122–132.
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  • Why Not Epistocracy?David Estlund - 2003 - In Naomi Reshotko & Terry Penner (eds.), Desire, identity, and existence: essays in honor of T.M. Penner. Kelowna, B.C., Canada: Academic Print. &. pp. 53-69.
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  • Constitutional essentials: on the constitutional theory of political liberalism.Frank I. Michelman - 2022 - New York, NY: Oxford University Press.
    We enter here upon a history of conversational traffic between the respective departments of philosophy and law in the old academy of liberalism, where lawyers hear much from philosophers, yes-and philosophers hear from lawyers, too, in what has fruitfully been a both-ways exchange. Our philosophical protagonist is John Rawls. This book comprises a study of the rise and workings, within the Rawlsian political-liberal philosophy, of the idea of a country's higher-legal constitution as a public platform for the justification of political (...)
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  • The Rule of the Many: Fundamental Issues in Democratic Theory.Thomas Christiano - 1996 - Routledge.
    There is no problem more crucial to contemporary political thought than the status of democracy, its role, and its problems in the contemporary world. In this survey of democratic theory, Thomas Christiano introduces the reader to the principles underlying democracy and to the problems involved in applying these principles to real life situations.B.
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  • Political Legitimacy, Authoritarianism, and Climate Change.Ross Mittiga - forthcoming - American Political Science Review.
    Is authoritarian power ever legitimate? The contemporary political theory literature—which largely conceptualizes legitimacy in terms of democracy or basic rights—would seem to suggest not. I argue, however, that there exists another, overlooked aspect of legitimacy concerning a government’s ability to ensure safety and security. While, under normal conditions, maintaining democracy and rights is typically compatible with guaranteeing safety, in emergency situations, conflicts between these two aspects of legitimacy can and often do arise. A salient example of this is the COVID-19 (...)
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  • Global Political Legitimacy and the Structural Power of Capital.Ugur Aytac - 2023 - Journal of Social Philosophy 54 (4):490-509.
    In contemporary democracies, global capitalism exerts a significant influence over how state power is exercised, raising questions about where political power resides in global politics. This question is important, since our specific considerations about justifiability of political power, i.e. political legitimacy, depend on how we characterize political power at the global level. As a partial answer to this question, I argue that our notion of global political legitimacy should be reoriented to include the structural power of the Transnational Capitalist Class (...)
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  • Origins of Moral-Political Philosophy in Early China: Contestation of Humaneness, Justice, and Personal Freedom.Tao Jiang - 2021 - New York, NY, USA: Oxford University Press.
    This book rewrites the story of classical Chinese philosophy, which has always been considered the single most creative and vibrant chapter in the history of Chinese philosophy. Works attributed to Confucius, Mozi, Mencius, Laozi, Zhuangzi, Xunzi, Han Feizi and many others represent the very origins of moral and political thinking in China. As testimony to their enduring stature, in recent decades many Chinese intellectuals, and even leading politicians, have turned to those classics, especially Confucian texts, for alternative or complementary sources (...)
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  • No Global Demos, No Global Democracy? A Systematization and Critique.Laura Valentini - 2014 - Perspectives on Politics 12 (4):789-807.
    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 (...)
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  • Against Democracy: New Preface.Jason Brennan - 2016 - Princeton: Princeton University Press.
    Hobbits and hooligans -- Ignorant, irrational, misinformed nationalists -- Political participation corrupts -- Politics doesn't empower you or me -- Politics is not a poem -- The right to competent government -- Is democracy competent? -- The rule of the knowers -- Civic enemies.
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