Should voting be compulsory? This question has recently gained the attention of political scientists, politicians and philosophers, many of whom believe that countries, like Britain, which have never had compulsion, ought to adopt it. The arguments are a mixture of principle and political calculation, reflecting the idea that compulsory voting is morally right and that it is will prove beneficial. This article casts a sceptical eye on the claims, by emphasizing how complex political morality and strategy can be. Hence, I (...) show, while there are good reasons to worry about voter turnout in established democracies, and to worry about inequalities of turnout as well, the case for compulsory voting is unpersuasive. (shrink)

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.

Just because one has the right to vote does not mean just any vote is right. Citizens should not vote badly. This duty to avoid voting badly is grounded in a general duty not to engage in collectively harmful activities when the personal cost of restraint is low. Good governance is a public good. Bad governance is a public bad. We should not be contributing to public bads when the benefit to ourselves is low. Many democratic theorists agree that we (...) shouldn’t vote badly, but that’s because they think we should vote well. This demands too much of citizens. (shrink)

This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.

This is the first full-length presentation of a republican alternative to the liberal and communitarian theories that have dominated political philosophy in recent years. The latest addition to the acclaimed Oxford Political Theory series, Pettit's eloquent and compelling account opens with an examination of the traditional republican conception of freedom as non-domination, contrasting this with established negative and positive views of liberty. The first part of the book traces the rise and decline of this conception, displays its many attractions, and (...) makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at what the implementation of the ideal would imply for substantive policy-making, constitutional and democratic design, regulatory control and the relation between state and civil society. Prominent in this account is a novel concept of democracy, under which government is exposed to systematic contestation, and a vision of relations between state and society founded upon civility and trust. Pettit's powerful and insightful new work offers not only a unified, theoretical overview of the many strands of republican ideas, but also a new and sophisticated perspective on studies in related fields including the history of ideas, jurisprudence, and criminology. (shrink)

This book addresses the perennial question: What is justice?

I do not answer my title’s question in this paper. Instead, my aims are first to show that the question is worth asking, secondly to show that its answer will not be trivial, and thirdly to show that it is unclear what the answer is. From these three conclusions it follows that many contemporary Hohfeldian approaches to the conceptual analysis of rights (including those of Sumner, Jones, Kramer, Wenar and myself)1, while potentially capable of extensional accuracy, overlook an essential but (...) unidentified feature of rights: the feature which explains why duties are not rights. The paper challenges theorists to investigate what this feature is. (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)

University of Virginia, USA, lel3f{at}virginia.edu ' + u + '@' + d + ' '//--> The strategy of this article is to consider republicanism in contrast with liberalism. We focus on three aspects of this contrast: republicanism’s emphasis on ‘social goods’ under various conceptualizations of that category; republicanism’s emphasis on political participation as an essential element of the ‘good life’; and republicanism’s distinctive understanding of freedom (following the lines developed by Pettit). In each case, we are skeptical that what republicanism (...) offers is superior to the liberal alternative and indicate the grounds for that skepticism. Key Words: republicanism • liberalism • social goods • political participation • republican freedom. (shrink)

Steiner’s book is an engaging and challenging romp through important issues in rights theory, moral and economic reasoning, theories of freedom, and questions of justice. An Essay on Rights develops and connects themes pursued by Steiner in a series of articles written over the past two decades.

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)

Philip Pettit’s republican conception of freedom is presented as an alternative both to negative and positive conceptions of freedom. The basic idea is to conceptualize freedom as non-domination, not as non-interference or self-mastery. When compared to negative freedom, Pettit’s republican conception comprises two controversial claims: the claim that we are unfree if we are dominated without actual interference, and the claim that we are free if we face interference without domination. Because the slave is a widely accepted paradigm of the (...) unfree person, the case of a slave with a non-interfering master is often cited as providing a good argument for the first republican claim and against a negative conception of freedom. One aim of this article is to raise doubts about whether this is true. The other aim of the article is to show that the prisoner—also a paradigm of the unfree person—presents a good argument against the second republican claim and in favour of a negative conception of freedom. This is called the ‘prisoner-argument’. It will be argued that neither Pettit’s distinction between free persons and free choices nor his distinction between compromising and conditioning factors of freedom can help to rebut the charge of the prisoner-argument. (shrink)

The view that there is a duty to vote in a fair and free democracy has been a source of philosophical debate. In this paper I turn from the question of whether there is a positive duty to vote to whether there can be a duty not to vote in a ‘decent’ democratic state. Considerations of fairness and of respect for one's peers underpin an argument that a voter who is indifferent about the outcome of an election has a duty (...) not to cast her ballot. This is not an argument against a general duty to vote, other things being equal, but points to one of the ways in which such a duty can be undermined or outweighed by competing considerations. (shrink)

There has recently been a good deal of interest in the republican tradition, particularly in the political conception of freedom maintained within that tradition. I look here at the characterisation of republican liberty in a recent work of Quentin Skinner1and argue on historical and conceptual grounds for a small amendment—a simplification—that would make it equivalent to the view that freedom in political contexts should be identified with nondomination.

In many democracies, voter turnout is low and getting lower. If the people choose not to govern themselves, should they be forced to do so? For Jason Brennan, compulsory voting is unjust and a petty violation of citizens' liberty. The median non-voter is less informed and rational, as well as more biased, than the median voter. According to Lisa Hill, compulsory voting is a reasonable imposition on personal liberty. Hill points to the discernible benefits of compulsory voting and argues that (...) high turnout elections are more democratically legitimate. The authors - both well-known for their work on voting and civic engagement - debate questions such as: • Do citizens have a duty to vote, and is it an enforceable duty? • Does compulsory voting violate citizens' liberty? If so, is this sufficient grounds to oppose it? Or is it a justifiable violation? Might it instead promote liberty on the whole? • Is low turnout a problem or a blessing? (shrink)

When the possibility of instituting compulsory voting arises for consideration by politicians and by the public it is commonly met with the assertion that there is a right not to vote, which would be violated by the introduction of some form of legal obligation to vote. This claim, rather than being regarded as a contribution to the debate, often functions instead to foreclose it, trumping the arguments of those who advocate compulsion with the presentation of a protected right not to (...) participate. For that reason, it demands examination, despite the fact that it is not an argument advanced seriously by those scholars who address the issue of compulsory voting. This article examines the claim of the right not to vote, arguing that it is based on a flawed interpretation of the idea of the right to vote, an interpretation which mistakes the sort of liberty which the right to vote represents and which over-looks the centrality to that right of the value of active electoral participation. There may be convincing arguments against compulsory voting, but the suggestion that there is a right not to vote is not one of them. (shrink)

In his most recent book, Philip Pettit presents and defends a “republican” political philosophy that stems from a tradition that includes Cicero, Machiavelli, James Harrington, Locke, Montesquieu, Rousseau, and Madison. The book provides an interpretation of what is distinctive about republicanism—namely, Pettit claims, its notion of freedom as nondomination. He sketches the history of this notion, and he argues that it entails a unique justification of certain political arrangements and the virtues of citizenship that would make those arrangements possible. Of (...) historical and philosophical interest, he stresses, is the fundamental contrast between freedom as nondomination and slavery. Joseph Priestly, for instance, invoked this contrast in defending the cause of the American Revolution, and in 1769 declared, incredibly, that if the parliament of Great Britain continued to tax the American colonies, “the colonists will be reduced to a state of as complete servitude, as any people of which there is an account in history”. Those opposed to American independence, among them Jeremy Bentham, relied instead on a Hobbesian notion of freedom as noninterference, using it to argue that the colonists were no more interfered with by the British government than were citizens of Britain. Drawing out this contrast, Pettit aims to establish that a republican view of freedom better supports the institutions of a constitutional democracy than does liberalism. His account of the distinguishing characteristics and strengths of republicanism is, however, only partially successful. Neither his case that a republican notion of freedom provides for a more solid defense of democratic institutions and constitutional protections than is available within liberalism, nor his argument that republicanism can better address “private” injustices, is convincing. (shrink)

Are there moral rights to do moral wrong? A right to do wrong is a right that others not interfere with the right-holder’s wrongdoing. It is a right against enforcement of duty, that is a right that others not interfere with one’s violation of one’s own obligations. The strongest reason for moral rights to do moral wrong is grounded in the value of personal autonomy. Having a measure of protected choice (that is a right) to do wrong is a condition (...) for an autonomous life and for autonomous moral self-constitution. This view has its critics. Responding to these objections reveals that none refute the coherence of the concept of a ‘moral right to do moral wrong’. At most, some objections successfully challenge the weight and frequency of the personal autonomy reasons for such rights. Autonomy-based moral rights to do moral wrong are therefore conceptually possible as well as, at least on occasion, actual. (shrink)

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 framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." -- _Times Literary Supplement_. (shrink)

The case for secrecy in voting depends on the assumption that voters reliably vote for the political outcomes they want to prevail. No such assumption is valid. Accordingly, voting procedures should be designed to provide maximal incentive for voters to vote responsibly. Secret voting fails this test because citizens are protected from public scrutiny. Under open voting, citizens are publicly answerable for their electoral choices and will be encouraged thereby to vote in a discursively defensible manner. The possibility of bribery, (...) intimidation or blackmail moderates this argument but such dangers will be avoidable in many contemporary societies without recourse to secrecy. (shrink)

Should voting be compulsory? Many people believe that it should, and that countries, like Britain, which have never had compulsion, ought to adopt it. As is common with such things, the arguments are a mixture of principle and political calculation, reflecting the idea that compulsory voting is morally right and that it is likely to prove politically beneficial. This article casts a sceptical eye on both types of argument. It shows that compulsory voting is generally unjustified although there are good (...) reasons to worry about declining voter turnout in established democracies, and to worry about inequalities of turnout as well. (shrink)

Liberal egalitarians such as Rawls and Dworkin, insist that a just society must try to make sure that socio-economic inequalities do not undercut the value of the vote, and of other political liberties. They insist on this not just for instrumental reasons, but because they assume that democratic forms of political participation can be desirable ends in themselves. However, compulsory voting laws seem to conflict with respect for reasonable differences of belief and value, essential to liberal egalitarians. Nor is it (...) clear that such laws would actually achieve their intended purpose. Consequently, it is doubtful that there is a ‘liberal defence of compulsory voting’, as Lacroix, among others, maintains. (shrink)

The secret ballot is considered a central feature of free and fair elections all over the world. While the reasons to uphold it seem to be overwhelming, we argue that the secret ballot is only second-best at best and that a modified version of open voting might prove to be more democratic. Instead of denying the various problems and difficulties that an open system might encounter, we want to offer a genuine proposal that can avoid these numerous pitfalls. After rehearsing (...) the various arguments pro and contra open voting, we draw attention to the role of shame, which has been neglected by both sides in the debate. While shame plays a pivotal role in the democratic argument pro open voting, it also brings out new problems that tell against opening up the vote. This means that, if we want to draw on the democratic potential of open voting, we will have to find a system that minimizes the undesirable effects of shame. In the third and final section, we will formulate a concrete proposal of open voting that we believe is more democratic than the current secret ballot and is able to avoid potential worries. Even if this proves to be highly speculative, it serves as an invitation for further empirical research. (shrink)

It has been argued that compulsory voting conflicts with a number of liberal commitments, such as free thought, free speech and privacy. This article aims to show that compulsory voting, which is actually a misnomer for compulsory attendance, can in fact be defended on a liberal basis. If understood correctly, compulsory attendance laws and liberalism fit quite easily together.