Das Internet bietet die Möglichkeit, eine beliebig große Anzahl von Personen durch unterschiedliche Formen der Deliberation und Beschlussfassung politisch einzubinden. Insbesondere im kommunalen Kontext wird die Online-Partizipation – etwa im Rahmen städtischer Bürgerhaushalte – bereits vielfach als Mittel erprobt, um die soziale Akzeptanz und Legitimität politischer Entscheidungen zu erhöhen. Die Legitimität demokratischer Verfahren hängt neben anderen Faktoren maßgeblich von der Konstitution des Demos und der damit festgelegten Allokation der Teilnahmerechte ab. In historischer Perspektive hat vor allem die Exklusion bestimmter Gruppen, (...) insbesondere von Frauen, Besitzlosen oder nichtweißen Personen, die Legitimität klassischer Offline-Verfahren, wie z. B. Parlamentswahlen, in Frage gestellt. Die neuen Formen der Online-Partizipation bergen hingegen – so die zentrale These des Aufsatzes – die Gefahr der Über-Inklusivität, weil sie häufig auf jegliche Zugangsbeschränkung verzichten. Selbst wenn die Verfahren, wie in der Praxis üblich, einen konsultativen Charakter haben und die politischen Entscheidungsträger formal nicht binden, führt ihre Offenheit zu Legitimationsproblemen. Daraus entsteht die Notwendigkeit, normative Kriterien für die Vergabe von Partizipationsrechten zu entwickeln, die den Besonderheiten der Online-Deliberation angemessen Rechnung tragen. (shrink)

In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will then analyse (...) the arguments made by both academic experts and pundits who agree with Google’s claim that if the first sentence had been left unchallenged, it would have opened the floodgates to several other jurisdictions that would as a consequence have used it as a pretext to increase control on the internet, jeopardising in such a way free speech, which has been seen so far as an inalienable right which should not be censored. Finally, by going beyond the sentences and their immediate contexts, we will propose a theoretical justification of our analysis. Our main claim is that the value of the right to privacy is based on the argument that its violation would undermine citizens’ capacity to participate effectively in democratic politics. (shrink)

Democracy is rule by the demos, but by what criteria is the demos constituted? Theorists of democracy have tended to assume that the demos is properly defined by national boundaries or by the territorial boundaries of the modern state. In a recent turn, many democratic theorists have advanced the principles of affected interests and coercion as the basis for defining the boundaries of democracy. According to these principles, it is not co-nationals or fellow citizens but all affected or all subjected (...) to coercion who constitute the demos. In this paper, I argue that these recent approaches to the boundary problem are insufficiently attentive to the conditions of democracy. Democracy is not merely a set of procedures; it also consists of substantive values and principles. Political equality is a constitutive condition of democracy, and solidarity is an instrumental condition of democracy. The affected interests and coercion principles create serious problems for the realization of these conditions – problems of size and stability. Building on this critique, this paper presents democratic considerations for why the demos should be bounded by the territorial boundaries of the state, grounded in the state’s role in (1) securing the constitutive conditions of democracy, (2) serving as the primary site of solidarity conducive to democratic participation, and (3) establishing clear links between representatives and their constituents. I examine and reject a third alternative, a global demos bounded by a world state, and conclude by considering some practical implications of my argument. (shrink)

Can new technology enhance purpose-driven, democratic dialogue in groups, governments, and societies? Online Deliberation: Design, Research, and Practice is the first book that attempts to sample the full range of work on online deliberation, forging new connections between academic research, technology designers, and practitioners. Since some of the most exciting innovations have occurred outside of traditional institutions, and those involved have often worked in relative isolation from each other, work in this growing field has often failed to reflect the full (...) set of perspectives on online deliberation. This volume is aimed at those working at the crossroads of information/communication technology and social science, and documents early findings in, and perspectives on, this new field by many of its pioneers. -/- CONTENTS: -/- Introduction: The Blossoming Field of Online Deliberation (Todd Davies, pp. 1-19) -/- Part I - Prospects for Online Civic Engagement -/- Chapter 1: Virtual Public Consultation: Prospects for Internet Deliberative Democracy (James S. Fishkin, pp. 23-35) -/- Chapter 2: Citizens Deliberating Online: Theory and Some Evidence (Vincent Price, pp. 37-58) -/- Chapter 3: Can Online Deliberation Improve Politics? Scientific Foundations for Success (Arthur Lupia, pp. 59-69) -/- Chapter 4: Deliberative Democracy, Online Discussion, and Project PICOLA (Public Informed Citizen Online Assembly) (Robert Cavalier with Miso Kim and Zachary Sam Zaiss, pp. 71-79) -/- Part II - Online Dialogue in the Wild -/- Chapter 5: Friends, Foes, and Fringe: Norms and Structure in Political Discussion Networks (John Kelly, Danyel Fisher, and Marc Smith, pp. 83-93) -/- Chapter 6: Searching the Net for Differences of Opinion (Warren Sack, John Kelly, and Michael Dale, pp. 95-104) -/- Chapter 7: Happy Accidents: Deliberation and Online Exposure to Opposing Views (Azi Lev-On and Bernard Manin, pp. 105-122) -/- Chapter 8: Rethinking Local Conversations on the Web (Sameer Ahuja, Manuel Pérez-Quiñones, and Andrea Kavanaugh, pp. 123-129) -/- Part III - Online Public Consultation -/- Chapter 9: Deliberation in E-Rulemaking? The Problem of Mass Participation (David Schlosberg, Steve Zavestoski, and Stuart Shulman, pp. 133-148) -/- Chapter 10: Turning GOLD into EPG: Lessons from Low-Tech Democratic Experimentalism for Electronic Rulemaking and Other Ventures in Cyberdemocracy (Peter M. Shane, pp. 149-162) -/- Chapter 11: Baudrillard and the Virtual Cow: Simulation Games and Citizen Participation (Hélène Michel and Dominique Kreziak, pp. 163-166) -/- Chapter 12: Using Web-Based Group Support Systems to Enhance Procedural Fairness in Administrative Decision Making in South Africa (Hossana Twinomurinzi and Jackie Phahlamohlaka, pp. 167-169) -/- Chapter 13: Citizen Participation Is Critical: An Example from Sweden (Tomas Ohlin, pp. 171-173) -/- Part IV - Online Deliberation in Organizations -/- Chapter 14: Online Deliberation in the Government of Canada: Organizing the Back Office (Elisabeth Richard, pp. 177-191) -/- Chapter 15: Political Action and Organization Building: An Internet-Based Engagement Model (Mark Cooper, pp. 193-202) -/- Chapter 16: Wiki Collaboration Within Political Parties: Benefits and Challenges (Kate Raynes-Goldie and David Fono, pp. 203-205) -/- Chapter 17: Debian’s Democracy (Gunnar Ristroph, pp. 207-211) -/- Chapter 18: Software Support for Face-to-Face Parliamentary Procedure (Dana Dahlstrom and Bayle Shanks, pp. 213-220) -/- Part V - Online Facilitation -/- Chapter 19: Deliberation on the Net: Lessons from a Field Experiment (June Woong Rhee and Eun-mee Kim, pp. 223-232) -/- Chapter 20: The Role of the Moderator: Problems and Possibilities for Government-Run Online Discussion Forums (Scott Wright, pp. 233-242) -/- Chapter 21: Silencing the Clatter: Removing Anonymity from a Corporate Online Community (Gilly Leshed, pp. 243-251) -/- Chapter 22: Facilitation and Inclusive Deliberation (Matthias Trénel, pp. 253-257) -/- Chapter 23: Rethinking the ‘Informed’ Participant: Precautions and Recommendations for the Design of Online Deliberation (Kevin S. Ramsey and Matthew W. Wilson, pp. 259-267) -/- Chapter 24: PerlNomic: Rule Making and Enforcement in Digital Shared Spaces (Mark E. Phair and Adam Bliss, pp. 269-271) -/- Part VI - Design of Deliberation Tools -/- Chapter 25: An Online Environment for Democratic Deliberation: Motivations, Principles, and Design (Todd Davies, Brendan O’Connor, Alex Cochran, Jonathan J. Effrat, Andrew Parker, Benjamin Newman, and Aaron Tam, pp. 275-292) -/- Chapter 26: Online Civic Deliberation with E-Liberate (Douglas Schuler, pp. 293-302) -/- Chapter 27: Parliament: A Module for Parliamentary Procedure Software (Bayle Shanks and Dana Dahlstrom, pp. 303-307) -/- Chapter 28: Decision Structure: A New Approach to Three Problems in Deliberation (Raymond J. Pingree, pp. 309-316) -/- Chapter 29: Design Requirements of Argument Mapping Software for Teaching Deliberation (Matthew W. Easterday, Jordan S. Kanarek, and Maralee Harrell, pp. 317-323) -/- Chapter 30: Email-Embedded Voting with eVote/Clerk (Marilyn Davis, pp. 325-327) -/- Epilogue: Understanding Diversity in the Field of Online Deliberation (Seeta Peña Gangadharan, pp. 329-358). -/- For individual chapter downloads, go to odbook.stanford.edu. (shrink)

Constitutional democracies unilaterally enact the laws that regulate immigration to their territories. When are would-be migrants to a constitutional democracy morally justified in breaching such laws? Receiving states also typically enact laws that require their existing citizens to participate in the implementation of immigration restrictions. When are the individual citizens of a constitutional democracy morally justified in breaching such laws? In this article, I take up these questions concerning the justifiability of noncompliance with immigration law, focusing on the case of (...) nonviolent – or mere – noncompliance. Dissenting from Javier Hidalgo’s view, I argue that the injustice of an immigration law is insufficient to make mere noncompliance justified. Instead, I contend that only if an immigration law lacks legitimate authority are individuals justified in breaching it, since the subjects of an institution with legitimate authority are under a content-independent moral duty to comply with its rules. I further argue that a constitutional democracy’s regimes of law regulating immigration and requiring its citizens’ participation in implementing these regulations have legitimate authority. Nevertheless, when a particular immigration law is egregiously unjust, its legitimacy is defeated. (shrink)

What is the role of lay deliberation – if any – in health-care rationing, and administration more generally? Two potential answers are suggested by recent debates on the subject. The one, which I will call the technocratic answer, suggests that there is no distinctive role for lay participation once ordinary democratic politics have set the goals and priorities which reform should implement. Determining how best to achieve those ends, and then actually achieving them, this view suggests, is a matter for (...) experts, armed with the best evidence available to them, both of the subject area involved, and of management and administrative excellence. -/- By contrast, the second, deliberative, view holds that lay deliberation has an important role in the administration and execution of government policy, both because these latter inevitably have a political element which needs to reflect democratic norms and values, and because lay people are, themselves, a source of information, even of wisdom, that experts will want to use in fulfilling their professional responsibilities. Recent debates on the value of lay participation in healthcare provision can illuminate the strengths and weaknesses of both approaches, as can the experience of NICE. So, I will start by examining two articles by Albert Weale, which attempt to clarify the role that lay deliberation should have in healthcare, before turning to the dilemmas for both the technocratic and deliberative views which emerge from the experience of NICE. (shrink)

Does the polis face the demos with hostility? Do citizens contest the city? Is a people in opposed separation from its political institutions? A multidisciplinary collection on people and the institutions they find themselves in and under, the essays here engage questions of the individual , communities, leadership, populism, citizenship, social media, and technology. The collection includes work by philosophers, political scientists, and political theorists using quantitative, historical, and hermeneutical methodologies to take on some of the most pressing issues of (...) our historical moment. (shrink)

Public justification-based accounts of liberal legitimacy rely on the idea that a polity’s basic structure should, in some sense, be acceptable to its citizens. In this paper I discuss the prospects of that approach through the lens of Gerald Gaus’ critique of John Rawls’ paradigmatic account of democratic public justification. I argue that Gaus does succeed in pointing out some significant problems for Rawls’ political liberalism; yet his alternative, justificatory liberalism, is not voluntaristic enough to satisfy the desiderata of (...) a genuinely democratic theory of public justification. So I contend that—pace Gaus, but also Rawls—rather than simply amending political liberalism, the claims of justificatory liberalism bring out fatal tensions between the desiderata of any theory of liberal-democratic legitimacy through public justification. (shrink)

In this essay, I address several questions and challenges brought about by the contributors to the special issue on my book Democracy without Shortcuts. In particular, I address some implications of my critique of deep pluralism; distinguish between three senses of ‘blind deference’: political, reflective, and informational; draw a critical parallelism between the populist conception of representation as embodiment and the conception of ‘citizen-representatives’ often ascribed to participants in deliberative minipublics; defend the democratic attractiveness of participatory uses over empowered (...) uses of deliberative minipublics; clarify why accepting public reason constraints does not imply limiting deliberation to questions about constitutional rights, and argue that overcoming a state-centric conception of democracy does not require replacing the ‘all subjected’ principle with the ‘all affected’ principle. (shrink)

This article brings to bear findings from the debate on the boundary problem in democratic theory on discussions of workplace democracy to argue that workplace democrats’ focus on workers is unjustified and that more constituencies will have to be included in any prospective scheme of workplace democracy. It thereby provides a valuable and underdiscussed perspective on workplace democracy that goes beyond the debate’s usual focus on the clarification and justification of workplace democrats’ core claim. It also goes beyond approaches like (...) stakeholder theory in law and economics that determine decision-making rights without taking into account genuinely democratic considerations. My discussion proceeds by considering three principles for inclusion from democratic theory for the specific case of the corporation. I submit that two of them, the all-coerced and the all-subjected principle, are not appropriate for this specific case, because they cannot capture the distinguishing features of the corporation. The all-affected principle however is appropriate but has a very wide range. I further argue that this is not as big of a problem as it first might seem and that this principle is still the most appropriate for defining the demos of the democratic corporation. The article closes by pointing out the consequences of this result for the workplace democracy debate and for the legitimacy of the market as a coordination mechanism. (shrink)

ABSTRACT: So far in this book, we have examined algorithmic decision systems from three autonomy-based perspectives: in terms of what we owe autonomous agents (chapters 3 and 4), in terms of the conditions required for people to act autonomously (chapters 5 and 6), and in terms of the responsibilities of agents (chapter 7). -/- In this chapter we turn to the ways in which autonomy underwrites democratic governance. Political authority, which is to say the ability of a government to exercise (...) power, may be justifiable or not. Whether it is justified and how it can come to be justified is a question of political legitimacy. Political legitimacy is another way in which autonomy and responsibility are linked. This relationship is the basis of the current chapter, and it is important in understanding the moral salience of algorithmic systems. We will draw the connection as follows. We begin, in section 8.1, by describing two uses of technology: crime predicting technology used to drive policing practices and social media technology used to influence elections (including by Cambridge Analytica and by the Internet Research Agency). In section 8.2 we consider several views of legitimacy and argue for a hybrid version of normative legitimacy based on one recently offered by Fabienne Peter. In section 8.3 we will explain that the connection between political legitimacy and autonomy is that legitimacy is grounded in legitimating processes, which are in turn based on autonomy. Algorithmic systems—among them PredPol and the Cambridge Analytica-Facebook-Internet Research Agency amalgam—can hinder that legitimation process and conflict with democratic legitimacy, as we argue in section 8.4. We will conclude by returning to several cases that serve as through-lines to the book: Loomis, Wagner, and Houston Schools. -/- The link below is to an open-access copy of the chapter. (shrink)

This paper looks at Alexander Guerrero’s epistemic case for ‘lottocracy’, or government by randomly selected citizen assemblies. It argues that Guerrero fails to show that citizen expertise is more likely to be elicited and brought to bear on democratic politics if we replace elections with random selection. However, randomly selected citizen assemblies can be valuable deliberative and participative additions to elected and appointed institutions even when citizens are not bearers of special knowledge or virtue individually or collectively.

Over the last thirty years, once staunchly film history scholars such as Thomas Elsaesser, Jane Gaines, Siegfried Zielinski, André Gaudreault and Benoît Turquety (to name just a few) have abandoned history for historiography and film studies for media archaeology. Considering the heightened attention given to kulturtechnik (Siegert), the database as a dominant symbolic metaphor,1 and the decentered networked tenants of the postmodern global present, cinema is taking on the characteristics of new media, existing in increasingly intertextual space. Thus, the term (...) “post-cinema” has been co-opted as a viable intermediary that accounts for new media conditions, as cinema is no longer emblematic of our cultural climate. It was once presaged in 1992 that “[t]he end of the cinema truly sounds the death knell of the ultimate metaphysical adventure of Dasein. In the twilight of post-cinema, of which we are seeing the beginning, human quasi-existence, now stripped of any metaphysical hypostasis and deprived of any theological model, will have to seek its proper generic consistency elsewhere.” Accordingly, we are no longer “moviegoing animals” who seek images of ourselves among a collective in the dark but, rather, users interfacing within a network of moving images. By locating post-cinema within the semblance of social media, we are allocated a newfound series of theoretical interventions, the most marked of which is that of media archeology vis-à-vis dialectical materialism. This is a lens through which Brian Winston has recently deftly decried Virtual Reality’s “empathy machine” utopic illusionism, bolstered by Chris Milk and a slew of neurohumanities researchers, steadily maintaining that the fundamental myth of “technologies of seeing” is in disguising “their artifice, their cultural formation and their ideological import.” However, this approach, which illuminates the bifurcation between Max Horkheimer/Theodor Adorno and Walter Benjamin, neglects what Benjamin identified as occurring to the work of art in the age of its technological reproducibility—a shift from a technology’s “cult value,” associated with the unique work, to its “exhibition value,” associated with the social act of viewing as part of a mass. Speaking to this divarication, Benjamin Barber, in Strong Democracy, foresaw new media’s two-fold potential—as they are organized and networked, new media and communications technologies possess the possibility to both energize citizen information and political participation but, simultaneously, to supplement the deterioration of public debate. As evinced by Mark Adrejevic’s concept of Infoglut, this two-pronged possibility has only been exacerbated by the interlocking relationship between the advent of a “glut” of information, post-truth politics, the demise of symbolic efficiency, and a renewed focus on the role of affect and emotion as “alternative modalities for thinking about the role of communication in a post-referential era.” Manuel Castells qualifies Barber’s pessimism, noting that the Internet can “be an appropriate platform for informed, interactive politics, stimulating political participation.. […] beyond the closed doors of political institutions,” but that the Internet, like any technology, “is shaped by its uses and users.” Thus, if there exists a positive correlation between exposure to post-cinema media artifacts and political participation, then I seek to explore the revelatory political possibilities of “exhibition value” by way of a particular “post-cinema” case study: the Marxist-Leninist Turkish hacktivist group Redhack’s YouTube-circulated documentary RED! (2013), a project that demanded—by way of the moving-image—to galvanize cyberprotest and democratize a “hacktivist commons. (shrink)

This chapter explores the influence of Artificial Intelligence (AI) on digital democracy, focusing on four main areas: citizenship, participation, representation, and the public sphere. It traces the evolution from electronic to virtual and network democracy, underscoring how each stage has broadened democratic engagement through technology. Focusing on digital citizenship, the chapter examines how AI can improve online engagement while posing privacy risks and fostering identity stereotyping. Regarding political participation, it highlights AI's dual role in mobilising civic actions and spreading misinformation. (...) Regarding representation, AI's involvement in electoral processes can enhance voter registration, e-voting, and the efficiency of result tabulation but raises concerns regarding privacy and public trust. Also, AI's predictive capabilities shift the dynamics of political competition, posing ethical questions about manipulation and the legitimacy of democracy. Finally, the chapter examines how integrating AI and digital technologies can facilitate democratic political advocacy and personalised communication. However, this also comes with higher risks of misinformation and targeted propaganda. (shrink)

Trust is a crucial condition for the legitimacy and effectiveness of democratic institutions in conditions of deep diversity and enduring injustices. Liberal democratic societies require forms of engagement and deliberation that require trustful relations between citizens: trust is a necessary condition for securing and sustaining just institutions and practices. Establishing trust is hard when there is a lingering suspicion that the institutions citizens are subject to are illegitimate or undermine their ability to participate and deliberate on equal terms. The (...) promise of participation, the appeal to deliberation and inclusion, in other words, is experienced as a form of bad faith. In this paper, I offer four conditions required for democratic trust and discuss them in relation to a series of examples of both democratic mistrust and attempts at rebuilding trust. (shrink)

The purpose of this article is to consider the question of whether democratic legitimacy requires viewpoint neutrality with regard to political speech – including extremist political speech, such as hate speech. The starting point of my discussion is Jeremy Waldron’s negative answer to this question. He argues that it is permissible for liberal democracies to ban certain extremist viewpoints – such as vituperative hate speech – because such viewpoint-based restrictions protect the dignity of persons and a social and moral (...) environment of mutual respect. According to Waldron, well-drafted narrow hate speech bans are not democratically illegitimate, and they do not undermine systemic democratic legitimacy – that is, the legitimacy of a democratic political system. In contrast to Waldron, I will argue that democratic legitimacy requires viewpoint neutrality to respect persons as thinking agents. I will defend a civil libertarian doctrine of viewpoint neutrality, and this doctrine requires that citizens in liberal democracies ought to have a legal free speech right to do moral wrong – that is, a legal right to express and defend any political viewpoint or idea, even if it is morally wrong to express, or expose others to, such views. It will be argued that any viewpoint-based restriction on public discourse (including narrow hate speech bans) is democratically illegitimate, and that such restrictions undermine systemic democratic legitimacy. (shrink)

The object of the study is to introduce an innovative approach to the long-lasting theoretical discussion about the meaning and extent of political liberty in a modern democratic society. The suggested way to explain why the democratic political order as such might give rise to considerable challenges for political liberty introduces the classical virtue of courage as a possible key explanatory factor underlying the major tensions that emerge between democracy and liberty. Such approach provides some new insights into the debate (...) about the origins, limits, and political perspectives of modern democracies. The analysis starts by conceptualizing modern democracy as a political form which expresses a specific ethical idea about the natural equality of people. Generally, it means that egalitarianism is the founding idea and moral purpose of a democratic political system, which tends to develop into a modern type of representative government and civil society. The second part of our analysis emphasizes the fact that liberty is by nature a political fact achieved only by practical participation of an individual in public life, and which cannot be reduced to formal, legal, economic or moral categories. Liberty, being a principle of public action, requires the capacity of a person to risk his personal wealth and safety for the sake of the common good. The third part of the analysis explains the crucial importance of the virtue of courage to the whole political life, as it is an ethical idea which aims at building such a character of a person that is capable and motivated to live an active public life. It is the virtue of courage that makes an individual morally fit and eager to practice liberty, as well as ready to defend it against any acts of despotism. Finally, the analysis assesses the diminishing role of courage due to the egalitarian public order of a democracy, resulting in adverse effects on liberty. The conclusions of the article highlight several points which are noted below. In a democratic society, courage loses its status as a virtue; thus, individuals become less capable and less motivated to live an active public life. Democracy rests on the principle that implies establishing and protecting the equality of its citizens, while the virtue of courage expresses an implicit distaste for egalitarianism and encourages people to strive for an ethically superior status than that of all the rest, i.e. it makes a clear hierarchical distinction between cowards, conformists, and heroes. That’s why democracy banishes courage from its equality favoring public life, depriving it of its ethical status. The decline of this virtue makes the practice of liberty more complicated as individuals lose interest in risking their private wealth and safety for the sake of the common good. The diminishing capacity and interest of citizens in democracy to live an active public life, while giving preference to social equality which requires no personal effort, is a major problem for political liberty. As people become indifferent to the pursuit of the common good, liberty becomes inactive, and the political community becomes less immune to various manifestations of despotism. (shrink)

In her 2004 book Carol Gould addresses the fundamental issue of democratizing globalization, that is to say of finding ways to open transnational institutions and communities to democratic participation by those widely affected by their decisions. The book develops a framework for expanding participation in crossborder decisions, arguing for a broader understanding of human rights and introducing a new role for the ideas of care and solidarity at a distance. Reinterpreting the idea of universality to accommodate a multiplicity of cultural (...) perspectives, the author takes up a number of applied issues, including the persistence of racism, cultural rights, women's human rights, the democratic management of firms, the use of the Internet to enhance political participation, and the importance of empathy and genuine democracy in understanding terrorism and responding to it. Accessibly written with a minimum of technical jargon this is a major contribution to political philosophy. (shrink)

This paper addresses ways of arguing fors ome form of economic democracy from within a broadly Rawlsian framework. Firstly, one can argue that a right to participate in economic decision-making should be added to the Rawlsian list of basic liberties, protected by the first principle of justice. Secondly,I argue that a society which institutes forms of economic democracy will be more likely to preserve a stable and just basic structure over time, by virtue of the effects of economic democratization on (...) the development of an active, democratic character among citizens. Thirdly, I argue that a proper understanding of the demands of the difference principle shows that justice demands more than ex post redistribution, but also requires the ex ante redistribution of power and authority in economic life. This connects to Rawls’s discussion of the badness of inequality, and to his endorsement of a “property-owning democracy”. -/- My conclusion is that, even if we may doubt the success of this first Rawlsian argument,the second and third arguments are both successful, and together establish a strong Rawlsian case forseeing economic democratization as a requirement of justice. (shrink)

The increasing number of residents and citizens with non-Western cultural backgrounds in the European Union (EU) has prompted the question of whether EU member states (and other Western democracies) can accommodate the newcomers and maintain their free polities (‘liberal democracies’). The answer depends on how important – if at all – cultural groundings are to democratic polities. The analysis of a fascinating Habermas-Ratzinger debate on the ‘pre-political moral foundations of the free-state’ suggests that while legitimacy originates on the will (...) of the citizens that conform the political community, liberal democracies might not be completely free from moral principles implicit in their political culture. This possibility has normative implications for the political future of the EU - and of the West in general - particularly regarding immigration, integration and citizenship policies. (shrink)

This essay focuses on recent proposals to confer decisional status upon deliberative minipublics such as citizen juries, Deliberative Polls, citizen’s assemblies, and so forth. Against such proposals, I argue that inserting deliberative minipublics into political decision-making processes would diminish the democratic legitimacy of the political system as a whole. This negative conclusion invites a question: which political uses of minipublics would yield genuinely democratic improvements? Drawing from a participatory conception of deliberative democracy, I propose several uses of (...) minipublics that could enhance the democratic legitimacy of political decision-making in current societies. (shrink)

Deliberative democracy aspires to secure political liberty by making citizens the authors of their laws. But how can it do this in the face of deep disagreement, not to mention imperfect knowledge and limited altruism? Deliberative democracy can secure political liberty by affording each citizen an equal position as a co-author of public laws and norms. Moreover, fundamental deliberative democracy—in which institutional design is ultimately accountable to public deliberation but not necessarily subject to its direct control—does not strain knowledge (...) or altruism. Thus, there is a place for deliberative democracy in a robust political economy. (shrink)

Many scholars believe that it is procedurally undemocratic for the judiciary to have an active role in shaping the law. These scholars believe either that such practices as judicial review and creative statutory interpretation are unjustified, or that they are justified only because they improve the law substantively. This Article argues instead that the judiciary can play an important procedurally democratic role in the development of the law. Majority rule by legislatures is not the only defining feature of democracy; rather, (...) a government is democratic to the extent to which it provides egalitarian forms of political participation. One such form of participation can be the opportunity to influence the law through the courts, either directly by participating in a case or indirectly by advocating litigation. Arguing from several examples, this Article shows that judicial decision-making allows different voices to be heard that may not necessarily have influence or power in majoritarian legislative structures or popular initiatives. Giving citizens the opportunity to change, to preserve, and to obtain authoritative clarification of the law through the courts can thus make a government procedurally more democratic. (shrink)

ABSTRACT A new ‘political philosophy’ is indispensable to the ‘post-Corona world,’ and this paper tries to analyze the future of ‘liberal democracy’ in it. It shows that ‘liberal democracy’ faces a ‘global crisis’ that has begun before, but the ‘novel Coronavirus pandemic,’ as a setback for it, strongly encourages that crisis. ‘Liberalism’ and ‘democracy,’ which had long been assumed by ‘political philosophers’ to go together, are now becoming decoupled, and the ‘liberal values’ of ‘democracy’ are eroding. To find why and (...) how, this paper analyzes ‘authoritarianism,’ ‘totalitarianism,’ and the evils and propensities of ‘democracy’ that bring about further erosions of ‘liberal values.’ There may be difficult trade-offs to be made between ‘liberal’ and ‘authoritarian’ ‘values’ - and, after the experience of ‘Coronavirus,’ this paper shows the ‘illiberal or authoritarian democracy’ may become stronger. -/- KEYWORDS: democracy, liberalism, liberal democracy, illiberal democracy, the novel Coronavirus pandemic, Covid-19, authoritarianism, totalitarianism. -/- EXTENDED ABSTRACT For almost a century in West, ‘democracy’ has meant ‘liberal democracy’-a political system marked not only by ‘free and fair elections,’ but also by ‘liberal values.’ ‘Liberalism’ applied to the problem of the limits of the criminal law would require commitment to the presumption in favor of ‘liberty.’ If the word ‘liberal’ is to have any utility in this context, it should refer to one who has so powerful a commitment to ‘liberty’ that she is motivated to limit the number of acknowledged liberty-limiting or coercion-legitimizing principles as narrowly as possible. So, she only believes in ‘harm-principle’ as the morally relevant reason for criminal prohibitions. ‘Offense principle’ and ‘paternalistic’ and ‘moralistic’ considerations, when introduced as support for penal legislation, have no weight at all. So, it means ‘autonomy’ and ‘self-regarding vs. other-regarding actions distinction’ based on which the human is the owner of her mind and body and everything consenting adults do is beyond the realm of morality and law. It leads to ‘individual’ ‘basic rights and liberties’ such as ‘basic rights and liberties’ of ‘speech,’ ‘religion,’ and ‘property’ and ‘collective’ ‘basic rights and liberties’ such as ‘basic rights and liberties of assembly,’ ‘civil society,’ ‘political pluralism,’ ‘democratic institutions,’ and ‘non-governmental organizations.’ ‘Liberalism’ also believes in ‘equality of conditions, ‘equal and free participatory rights in political decision making,’ and ‘collective self-governance.’ It also believes in the ‘rule of law,’ a ‘separation of powers,’ and ‘checks and balances.’ However, even under fair and free elections, the elected leaders can be ‘populists,’ ‘ultra-nationalists,’ ‘racists,’ ‘fascists,’ and ‘authoritarians’ who do not respect ‘inviolable basic rights and liberties,’ and suppress ‘minorities.’ Democratically elected leaders can routinely ignore constitutional limits on their power and deprive their citizens of ‘basic rights and liberties.’ The two strands of ‘liberal democracy’ have been coming apart in the world, and the ‘liberal’ elements of ‘democracy’ have been fraying and eroding even before the ‘novel Coronavirus pandemic.’ Even before the Coronavirus hit, there was already much discussion of a crisis of ‘liberal democracy.’ In particular, there has been a debate about whether ‘liberalism’ and ‘democracy,’ which had long been assumed to go together, were becoming decoupled. This paper shows ‘liberal democracy’ faces a ‘global crisis’ that had begun before the ‘novel Coronavirus pandemic.’ It also analyzes ‘authoritarianism,’ ‘totalitarianism,’ ‘liberalism,’ and ‘democracy’ and shows that Covid-19 is a setback for ‘liberal democracy.’ What is striking about the current moment is that many of the ‘liberal’ elements of ‘democracy’ are so far holding up under immense pressure. ‘Illiberal democracies’ seemed to be emerging in many countries. This model of ‘illiberal democracy,’ in which elections continue to be held but some individual rights and liberties are curtailed, may emerge stronger from this new crisis. In that sense, the ‘pandemic’ may become a challenge not only to ‘democracy’ as such but also to ‘liberal democracy’ in particular – in other words, a system of popular sovereignty together with guaranteed basic rights, such as freedom of association and expression and checks and balances on executive power. ‘Authoritarian’ procedures may succeed in mitigating the spread of the ‘Coronavirus,’ but the world now faces another problem: that when the virus recedes, many ‘liberal democracies’ will be far less ‘liberal’ or ‘democratic’ than they were before. In times of crisis, ‘liberal values’ have been ignored temporarily in the name of executive power. However, the ‘temporary’ can become ‘permanent.’ In addition, if citizens lose their faith in the legitimacy of ‘liberal democracy’ as the best form of government, and think ‘liberal democracy’ cannot function effectively during a crisis, and ‘authoritarian regimes’ manage the crisis more decisively, the world will slide towards ‘illiberal or authoritarian democracy,’ and many ‘liberal democracies’ will be at grave risk of failure. There may now be difficult trade-offs to be made between those basic rights and security - and, after the experience of Covid-19, many citizens may choose security. (shrink)

Traditional institutions are often considered inadequate to govern for the long term as their politicians promote short-term thinking which can harm the future. This book proposes a novel theory of social time perception to address the short-term thinking of traditional institutions which threaten to stifle liberal democracies. The semi-future reconfigures liberal democracies’ franchises, representative instruments, deliberative practices, accountability mechanisms, and policymaking to include in the demos all citizens, regardless of age, and holders of representable objective interests in the future. The (...) result is not only a way to legitimise long-term governance but also to improve the quality of current democracies. (shrink)

My main point is that the creation of a free public time implies the creation of a democratic collective inspired by the project of social ecology. The first and second parts of this article focus on the modern social phenomena correlated to the general crisis and the emergence of the Internet Age (Castells, 2012). The third and fourth parts focus on new significations that seem to inspire modern social movements and the challenges that modern democratic ecological collectivities face. I use (...) the term “social ecology” as defined by Murray Bookchin: “Social ecology is based on the conviction that nearly all of our present ecological problems originate in deep-seated social problems” (Bookchin, 2006, p. 19). And I use the term “democracy” exclusively in the original, true meaning, of direct democracy where society is self-governed by the equal participation of every individual to political decisions and functions, as opposed to a modern representative democracy or republic, where political decisions rest in the hands of an oligarchy. In this sense, a truly democratic political collectivity is a truly ecological collectivity and vice versa. (shrink)

According to the deliberative view of democracy, the legitimacy of democratic politics is closely tied to whether the use of political power is accompanied by a process of rational deliberation among the citizenry and their representatives. Critics have questioned whether this level of deliberative capacity is even possible among modern citizenries--due to limitations of time, energy, and differential backgrounds--which therefore calls into question the very possibility of this type of democracy. In my dissertation, I counter this line of criticism, (...) arguing that deliberative democrats and their critics have both idealized the wrong kind of citizen deliberation. Citizen deliberation should not be concerned with the indeterminate project of "translating" abstract democratic principles and values into everyday cases of political problem-solving. Instead, deliberation should take the form of analogy, just as we already find it in everyday politics and affairs. When ordinary citizens use analogies, they do not derive decisions from general principles or values, but they still reason nonetheless. Seen from this analogical perspective, deliberative democracy is already a practical reality to a large degree. When an election is on the horizon, a campaign season arises in which debates, forums, and "barstool" dialogues exponentially increase the amount of citizen deliberation. In these settings, citizens can readily be seen to be mapping analogous past candidates, elections, issues, and problems onto those currently on the ballot so as to reason about them. Consequently, analogical reasoning allows citizens to treat the majority rule mechanisms that proliferate in real politics as "deliberative outlets," which is to say, as catalysts of deliberation akin to the "creative outlets" that catalyze self-expression in the arts. While citizens may recognize majority rule mechanisms as catalysts of deliberation, many democratic theorists will hesitate to embrace this vision of the practical reality of deliberative politics. Isn't analogical reasoning too low in rigor to be placed at the heart of the deliberative ideal? I develop two arguments to explain the foundational role analogy plays in deliberation and to counter such critics. First, I draw on the explosion of research on analogical reasoning over the past two decades to show that it is far more rigorous and systematic than many suppose. Second, I argue that to the extent that citizen deliberation is concerned with rational planning, rather than just reasoning in general, analogical reasoning is logically superior. When we reason about what to do, we make plans that incorporate predictions about what is likely to ensue when a given course of action is selected. However, as soon as predictions enter into deliberation, its underlying logic changes as well. The reason for this change in logic is that as our probabilistic reasoning expands, the probability of its conclusions degenerates. Therefore, when assessing probabilities, we no longer should seek decisions derived from long, elegant chains of reasoning that connect our various options to generalities like values and principles. Instead, what we need is "short and sweet," or terse, humble lines of reasoning, which are more congruent with this form of deliberation. Thus, to the extent that democratic deliberation is involved in rational planning, it calls not for the elegant, deductive kind of reasoning idealized by proponents and critics of deliberative democracy alike. Instead, democratic deliberation calls for the "short and sweet," analogical kind of decision-making we associate with ordinary citizens already. After all, as research has shown, analogies are a much preferred and rigorous way by which even experts engage in probabilistic reasoning. By focusing on analogical reasoning, I therefore conclude that the practical reality of deliberative democracy should be recognized in ways that might ordinarily be dismissed. (shrink)

This paper aims to answer a basic question: is it possible to forge democratic citizenship through various online tools that are already available? To answer this question, I introduce the conception of digital political identities, i.e., the ways in which online environments contribute to creating, maintaining, and changing political identities. Because the well-functioning of democracy rests on citizens with the ability to make informed decisions, vote, and engage in public deliberation, this paper is looking for new and innovative online tools (...) for participating in meaningful online deliberation, acquiring accurate information in the digital space, and making informed voting decisions. By introducing the conception of digital political identities and linking it to online tools that can improve democracy and citizen engagement, I aim to make further progress in cutting edge research on the relationship between digital technologies and democracy. In a nutshell, I am mainly concerned with proposing and defending a normative framework for the use of various online tools that could foster digital democracy. (shrink)

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 and democratic participation, which I here call ‘political justice’. I conclude the article by considering three possible configurations of the global order – the ‘democratic world-state’, ‘independent democratic states’, and ‘mixed’ models – and argue that a commitment to political justice speaks in favour of the latter. (shrink)

One element in the choice of a constitutional design or model of democracy is the criterion of efficiency. Different political scientists, however, understand the word ‘efficiency’ in different ways. The author suggests a distinction between its two main meanings: (1) efficiency-action capacity and (2) effectiveness-socioeconomic performance. It is not just socio-economic effectiveness that is important, but also political efficiency-action capacity. Efficiency-action capacity is closely linked with the theory of democracy put forward by Schumpeter and adopted by the majority of political (...) scientists today. Thus efficiency is essential not only for the government (in that it simplifies the operation of power) but also, and even more importantly, for the governed, for the citizens (in that it simplifies the choice and peaceful removal of the rulers, i.e. the executive). (shrink)

This short piece draws on political philosophy to show how social media interference operations can be used by hostile states to weaken the apparent legitimacy of democratic governments. Democratic societies are particularly vulnerable to this form of attack because democratic governments depend for their legitimacy on citizens' trust in one another. But when citizen see one another as complicit in the distribution of deceptive content, they lose confidence in the epistemic preconditions for democracy. The piece concludes with (...) policy recommendations for how democratic governments should protect themselves. (shrink)

Recent work in democratic theory has seriously questioned the dominant pluralist model of self-government and recommended the adoption of a ‘deliberative’ conception of constitutional democracy. With this shift in basic political theory, the objection to judicial review, often voiced in jurisprudential theory, as an anti-democratic instance of paternalism merits another look. This paper argues that the significant differences between four recent theories of constitutional review—put forward by Ely, Perry, Dworkin, and Habermas—are best understood as arising from different positions taken on (...) two cross-cutting distinctions that have been inherited from Locke and Rousseau: democratic processes as aggregative versus deliberative, and democratic legitimacy as substantive versus procedural. A reconstruction and critical evaluation of the four theories of judicial review, with special emphasis on their underlying theories of constitutional democracy, yields a set of criteria for adequate accounts of democratic processes, democratic legitimacy, and their relation to judicial review. I argue that the best understanding of constitutional review is yielded by Habermas’s theory because it combines a conception of popular sovereignty in terms of the collective process of citizens’ deliberative attempt to institutionalize the general will through law, with a resolutely proceduralist conception of democratic legitimacy. However, I also argue that some of the specific proposals Habermas makes concerning the institutionalization of constitutional review in an independent, non-accountable judiciary and the scope of duties for such a body need to be modified in the light of his overriding commitments to participatory deliberative processes and procedural legitimacy. (shrink)

Voting Advice Applications (VAAs) are interactive online tools designed to assist voters by improving the basis on which they decide how to vote. In recent years, they have been widely adopted, but their design is the subject of ongoing and often heated criticism. Most of these debates focus on whether VAAs accurately measure the standpoints of political parties and the preferences of users and on whether they report valid results while avoiding political bias. It is generally assumed that if their (...) methodology is sound, then VAAs can be seen as strengthening the democratic process. But as we argue in this chapter, the setup of VAAs raises basic questions of normative democratic theory as well. Insofar as VAAs are supposed to improve the functioning of the democratic process, it must be clarified in what sense they aim to make a contribution, before it even makes sense to discuss their effectiveness at doing so. -/- VAAs are often intended to enhance the democratic process by one or all of the following: (I) informing voters about the policy standpoints of political parties (or individual candidates), (2) increasing voter turnout, and (3) ensuring that the composition of parliaments more accurately reflects the political attitudes of the electorate. In the next three sections, we discuss three central bones of contention in current democratic theory that are crucial to these ways in which VAAs typically take themselves to contribute to strengthening the democratic process: -/- 1. Questions about citizen competence: What forms of competence do citizens need to have, and to what extent, for a democracy to function properly? -/- 2. Questions about political participation: What forms and extent of participation are vital to democracy? -/- 3. Questions about democratic representation: How should the relation between the elected and the electorate be understood? -/- For each issue we aim to show, first, how the design and setup of mainstream VAAs are tacitly structured by a specific conception of the democratic aim at issue and, second, what some alternative positions on these questions are within contemporary political theory. In the final section, we will discuss some of the implications of this analysis for the responsibilities of VAA developers, and particularly for the procedural neutrality to which they are typically committed. Our conclusion will be that once these issues are identified, developers of VAAs should either argue in favour of their views on democratic competence, participation and representation, or they should rethink the design of VA As in ways that move beyond their current assumptions, or both. (shrink)

It is Chantal Mouffe’s contention that the central weakness of consensus-driven forms of liberalism, such as John Rawls’ political liberalism and Jurgen Habermas’ deliberative democracy, is that they refuse to acknowledge conflict and pluralism, especially at the level of the ontological. Their defence for doing so is that conflict and pluralism are the result of attempts to incorporate unreasonable and irrational claims into the public political sphere. In this context, unreasonable and irrational claims are those that cannot be translated into (...) universalizable terms. However, for Mouffe, it is this intentional exclusionary act itself that is detrimental to a well- functioning democratic polity. It is only through the inclusion of a diverse body of subject positions that a democratic polity can be said to be truly representative of the polity, and therefore constitute a functioning and inclusive democracy. -/- This paper will examine Mouffe’s account of agonistic pluralism. In doing so, it will demonstrate that instead of being a source of instability within the democratic discourse and therefore relegated into the private non-political sphere, passions and values that are constitutive of these subject positions ought to be incorporated into the public political sphere. Mouffe’s rationale for doing so is that it is precisely through their incorporation that citizens will retain their allegiance to the democratic polity. However, as part of this examination, this paper will also draw attention to an under-developed aspect of Mouffe’s account of agonistic democracy, specifically problems regarding both participation and exclusion. Whilst Mouffe does provide a robust counterpoint to both Rawls’ political liberalism and Habermas’ deliberative democracy, it is my contention that she fails to explain adequately what it is that persuades participants to act democratically and adhere to the requirements of agonal respect, nor what should happen when the ethico- political principles of liberty and equality are not accepted. (shrink)

Is epistocracy epistemically superior to democracy? In this paper, I scrutinize some of the arguments for and against the epistemic superiority of epistocracy. Using empirical results from the literature on the epistemic benefits of diversity as well as the epistemic contributions of citizen science, I strengthen the case against epistocracy and for democracy. Disenfranchising, or otherwise discouraging anyone to participate in political life, on the basis of them not possessing a certain body of (social scientific) knowledge, is untenable also (...) from an epistemic point of view. Rather than focussing on individual competence, we should pay attention to the social constellation through which we produce knowledge to make sure we decrease epistemic loss (by ensuring diversity and inclusion) and increase epistemic productivity (by fostering a multiplicity of perspectives interacting fruitfully). Achieving those epistemic benefits requires a more democratic approach that differs significantly from epistocracy. (shrink)

This paper tackles a highly relevant issue, namely the relationship between climate justice and democracy. The driving motivation of the paper is to ask what principles of climate justice demand from democracies. The paper explores intrinsic and instrumental arguments and develops a sufficiency account: citizens are entitled to the emissions necessary not only to realize their basic needs but to participate as equals in political decision making.

According to an often repeated definition, economics is the science of individual choices and their consequences. The emphasis on choice is often used – implicitly or explicitly – to mark a contrast between markets and the state: While the price mechanism in well-functioning markets preserves freedom of choice and still efficiently coordinates individual actions, the state has to rely to some degree on coercion to coordinate individual actions. Since coercion should not be used arbitrarily, coordination by the state needs to (...) be legitimized by the consent of its citizens. The emphasis in economic theory on freedom of choice in the market sphere suggests that legitimization in the market sphere is “automatic” and that markets can thus avoid the typical legitimization problem of the state. In this paper, I shall question the alleged dichotomy between legitimization in the market and in the state. I shall argue that it is the result of a conflation of choice and consent in economics and show how an independent concept of consent makes the need for legitimization of market transactions visible. Footnotes1 For helpful comments and suggestions I am most grateful to Marc Fleurbaey, Alain Marciano, Herlinde Pauer-Studer, Thomas Pogge, Hans Bernhard Schmid, to seminar or conference participants in Aix-Marseille, Tutzing, Paris, and Amsterdam, and to two anonymous referees. (shrink)

Union Citizenship as currently implemented in the European Union introduces a distinct concept of citizenship that necessitates an adequate normative approach. The objective of this paper is to assess EU Citizenship against the theoretical background of multilateral democracy. This approach is specifically suited for this task, as it does not rely on a nation-state paradigm or the presumption of a further transformation into a federation or union. We propose three criteria by which to assess multilevel citizenship: equal individual rights, equal (...) sovereignty of peoples and the balancing of individuals' and peoples' interests. We argue that the current practice of Union Citizenship does not fully meet the proposed standards, regarding equal rights within and equal access to, the political system. Based on our assessment, we propose reform options of access to national and supranational citizenship and argue for supranational participation rights and equal transnational rights to gradually re-establish full membership for individuals. (shrink)

This paper argues that social media companies’ power to regulate communication in the public sphere illustrates a novel type of domination. The idea is that, since social media companies can partially dictate the terms of citizens’ political participation in the public sphere, they can arbitrarily interfere with the choices individuals make qua citizens. I contend that social media companies dominate citizens in two different ways. First, I focus on the cases in which social media companies exercise direct control over political (...) speech. They exercise quasi-public power over citizens because their regulation of speech on social media platforms implies the capacity to arbitrarily interfere with citizens’ democratic contestation in the political system. Second, companies’ algorithmic governance entails the capacity to interfere with citizens’ choices about what mode of discursive engagement they endorse in their relationships with fellow citizens. By raising the cost of deliberative engagement, companies narrow citizens’ choice menu. (shrink)

In this work, a general framework for the analysis of governance of artificial intelligence is presented. A dashboard developed for this analysis comes from the perspective of political theory. This dashboard allows eventual comparisons between democratic and non democratic regimes, useful for countries in the global south and western countries. The dashboard allows us to assess the key features that determine the governance model for artificial intelligence at the national level, for local governments and for other participant actors. The dashboard (...) allows us to appraise aims of AI strategy and aims left aside in alternative strategies. The work shows the theoretical framework could be of use to advance case studies globally, and comparative endeavors. Applying the theoretical dashboard, the case study on China is undertaken. These are the main points the study tackles in the final discussion, conclusion and further recommendations: 1) the complex reality of AI command and control 2) uncertainties about future society and the polity against AI development and 3) particular cultural values enshrined in countries' AI development. (shrink)

I argue that capitalism presents a threat to “democratic contestation”: the egalitarian, socially distributed capacity to affect how, why, and whether power is used. Markets are not susceptible to mechanisms of accountability, nor are they bearers of intentions in the way that political power-holders are. This makes them resistant to the kind of rational, intentional oversight that constitutes one of democracy’s social virtues. I identify four social costs associated with this problem: the vulnerability of citizens to arbitrary interference, the insensitivity (...) of markets to relevant interests, failures of trust in the market system, and the inhibition of social deliberation about matters of public concern. I make general two suggestions about how we might ameliorate these problems: First, as a way of introducing some measure of intentionality to large-scale patterns of business activity, the reconceptualization of such activity as participation in larger group actions; second, the development of deliberative bodies that bring together business actors, policy experts, and diverse citizens in an effort to better characterize and transmit the public values that business should serve. (shrink)

In my dissertation, I derive a set of systematic principles and a conception of the political subject from Spinoza’s metaphysics and political writings and then bring these tools to bear on contemporary questions in democratic theory. I argue that Spinoza’s conception of the political subject answers feminist critiques of the liberal subject, while retaining an understanding of the need for empowered citizens in strong democracies. Spinoza’s normative political theory shows how political communities become stronger through the empowerment and participation of (...) their citizens. I argue that Spinoza’s naturalistic method provides a promising path for both ethics and political theory. In the first chapter of my dissertation, I sketch the history of the development and critiques of the ‘liberal’ conception of human nature. I argue that rather than a substantial conception of human nature, the liberal subject is a skeptical compromise developed for a very specific purpose following the post-Reformation Wars of Religion in Europe in the 16th century. I then take on a variety of critiques of the notion of human nature in general and of the liberal conception of human nature in particular. I argue that political theory requires a positive conception of human beings. Spinoza’s conception of the human individual, created in order to replace what Spinoza thought were problematic aspects of the theories of individuals proposed by Hobbes and Descartes, does not suffer from the problems of the liberal subject and is a good candidate for a positive conception of human nature. In Chapter Two, I set out the main components of Spinoza’s naturalistic conception of the human individual. Spinoza understands human beings as primarily affective, or emotional creatures, whose feelings mediate their conceptions of the world. For Spinoza, each individual can be understood to have an index of power, which can increase or decrease depending on the degree to which individuals understand and are able to control the forces that affect them. In Chapter Three, I show that Spinoza’s theory of the political state is parallel to his theory of the individual. For Spinoza, just as individual humans have an index of power that can increase or decrease depending on how their emotions are organized, so too states have different degrees of power depending on how the emotions and power of the human beings within them are organized. The challenge for a Spinozan state is to understand how to create social and political institutions to organize the emotions of the ‘multitude’ of individuals in the state in the best way to yield the strongest state. For Spinoza, the strongest, or most absolute state, is a democracy, which is also the freest kind of state. I set out Spinoza’s theory of democracy and show how it builds upon his notion of individual and collective power. In Chapter Four, I take up the potential objections of Iris Marion Young to Spinoza’s conception of democratic agreement. I say these objections are ‘potential’ because, although Young critiques Rousseau’s conception of the general will, she does not directly object to Spinoza’s view of ‘agreement’ as a necessary element in democratic deliberation. However, many of Young’s writings touch on this worry, particularly in her critiques of Rousseau, civic republicanism and contemporary deliberative democracy theory. I argue that Spinoza’s notion of agreement employs a different conception of reason than that found in Rousseau, or in the tradition of deliberative democratic theory. Reason, for Spinoza, is a collective achievement rather than a precondition for deliberation. Spinoza argues that agreements reached through large-scale discussion in a democracy are likely to be more ‘reasonable’ than those reached by few or by one. Spinoza and Young share, I argue, a similar conception of the role of affect in deliberation, and both recognize the importance of affects and imagination in social and political life. In Chapter Five, I contrast a Spinozan theory of empowerment to Martha Nussbaum’s capabilities approach. Nussbaum’s approach and that of Spinoza are consonant in many of their major aspects; however, I argue that in practice, Spinoza’s theory is better able to account for the contextual nature of empowerment and of the necessity to reform harmful social, moral and cultural norms through affective mechanisms. In the conclusion, I consider the larger implications for a Spinozan naturalist approach to political philosophy, and for the role that theories of human nature and metaphysics can play in political theory. I argue that by avoiding metaphysics and by avoiding conceptions of human nature, those interested in projects of emancipation can have no criteria for determining whether or not individuals have become emancipated or whether their power has in fact increased. The model I derive from Spinoza’s conception of individual power and his view of the power of political states as a function of the power of the coordination of individuals provides a promising alternative to liberal theories of the subject and to extant feminist theories of the human individual, which ignore the psychological and metaphysical aspects of human individual and collective power. (shrink)

This paper discusses the influence of digital media and its online presence on freedom of speech in Vietnam by analyzing three different kinds of emerging online media tools: blogosphere, electronic/online newspapers, and social media networks (SNSs). As a single- party socialist republic country, the controlling power of the media lays in the hands of the Communist Party of Vietnam (CPV). The Doi Moi reform in 1986, marketization and the introduction of the Internet in 1997 have slightly transformed the Vietnamese media (...) environment, however, it remains highly restricted. This paper explores several sources including academic research, research articles, as well as analysis of online press coverage in the Vietnamese media environment to examine governmental control over the media which influences the free flow of information. Understanding digital media developments within the Vietnamese online media environment helps us to understand how Vietnamese netizens utilize these tools to maximize their online freedom of speech, the CPV"s approach to regulate the Internet in order to maintain its legitimacy, and several challenges facing Vietnamese netizens including bloggers, journalists, and the wider public in the digital age. (shrink)

This paper argues that, according to a specific conception of the ideals of constitutional democracy - deliberative democratic constitutionalism - the proper function of constitutional review is to ensure that constitutional procedures are protected and followed in the ordinary democratic production of law, since the ultimate warrant for the legitimacy of democratic decisions can only be that they have been produced according to procedures that warrant the expectation of increased rationality and reasonability. It also contends that three desiderata for (...) the institutionalization of the function of constitutional review follow from this conception: structural independence, democratic sensitivity and the maintenance of legal integrity. Finally, evaluating three broadly different ways of institutionalizing constitutional review - solely in appellate courts, in deliberative constitutional juries of ordinary citizens and in a combined system of constitutional courts and civic constitutional amendment fora - it argues that the third arrangement would perform best at collectively fulfilling the sometimes antithetical desiderata. (shrink)

There are at present two ways in which to evaluate religiously-based claims to accommodation in the legal context. The first, objective approach holds that these claims should be grounded in « facts of the matter » about the religions in question. The second, subjective approach, is grounded in an appreciation by the courts of the sincerity of the claimant. The first approach has the advantage of accounting for the difference between two constitutional principles : freedom of conscience on the one (...) hand, and freedom of religion on the other. It has the disadvantage of transforming courts into expert bodies on religious matters. The subjective approach has a harder time accounting for the distinction. It also risks giving rise to a proliferation of claims. A plausible synthesis between the two approaches requires that we uncover the normative grounds justifying the granting by liberal democracies of religious accommodation. An analogous argument to that put forward by Kymlicka in the case of minority nations identifies the interest that citizens have in being able to exercise their « cultural agency » : the creative reappropriation and reinterpretation of the rituals, practices and norms of religious traditions.Il existe à l’heure actuelle dans le contexte juridique deux principales approches à l’évaluation de la légitimité des demandes d’accommodement pour des motifs religieux. La première, objective, affirme que ces demandes doivent pouvoir s’appuyer dans des faits concernant la religion en question. La seconde, subjective, s’appuie sur l’appréciation de la sincérité de la demande faite par le requérant. La première approche a l’avantage de rendre compte de la distinction entre les deux principes constitutionnels que sont, d’une part, la liberté de conscience, et de l’autre, la liberté de religion. Elle a l’inconvénient de tendre à ériger les tribunaux en « experts » sur des questions religieuses. L’approche subjective rend plus difficilement compte de la distinction entre les deux principes, et de plus risque de donner lieu à une prolifération de demandes. Pour atteindre une synthèse plausible de ces deux approches, il nous faut identifier les fondements normatifs justifiant l’intérêt que les démocraties libérales ont à reconnaître une telle catégorie d’accommodements. En prenant appui dans le célèbre argument de Kymlicka justifiant les droits de nations minoritaires, nous pouvons identifier un intérêt que ces types d’État ont à protéger les conditions permettant aux citoyens de manifester leur « agentivité culturelle », leur capacité à s’identifier en se les réappropriant et en les réinterprétant les normes, pratiques et rites issues de traditions religieuses. (shrink)

Liberal democracies encourage citizen participation and protect our freedoms, yet these regimes elect politicians and decide important issues with electoral and legislative systems that are less inclusive than other arrangements. Some citizens inevitably have more influence than others. Is this a problem? Yes, because similarly just but more inclusive systems are possible. Political theorists and philosophers should be arguing for particular institutional forms, with particular geographies, consistent with justice. -/- Les démocraties libérales encouragent la participation citoyenne et protègent nos (...) libertés. Pourtant, ces régimes élisent des politiciens et décident de problèmes importants via les systèmes électoral et législatif, qui sont moins inclusifs que d’autres arrangements. Certains citoyens ont inévitablement plus d’influence que d’autres. Est-ce un problème? Oui, parce que des systèmes similairement justes, mais plus inclusifs, sont possibles. Les théoriciens et philosophes politiques devraient ainsi plaider en faveur de formes institutionnelles particulières, aux géographies précises, en cohérence avec la justice. (shrink)

I present three versions –Grimm, Offe and Streeck—of a general argument that is often used to establish that the EU-institutions meets a legitimacy-disabling condition, the so called “no demos” argument (II), embedding them in the context of the notorious “democratic deficit” suspicions against the legal system and practice of the EU (I). After examining the logical structure behind the no-demos intuition considered as an argument (III), I present principled reasons by Möllers and Habermas that show why the “no demos” (...) argument fails to have bite in discussions of the legitimacy and status of the supranational level in the multi-level EU-architecture. These are complemented by another principled reason arising from John Dewey’s conception of the “public” as a clearer alternative for the “popular” requirement of democratic legitimation (IV). I conclude that all three conceptions together suggest that the hunt after pre-politically existing peoples as foundations of democratic legitimacy expresses no more than methodological nationalism without any footing in the material and conceptual requirements of democratic legitimation. Given the absence of a principled problem with the legitimacy of the priority and interference of supranational EU-law in the national legal and political orders, there are thus also no principled reasons to abandon or discredit the European project in the absence of a European nation or society. (shrink)

The contribution of Jacques Maritain to twentieth century political philosophy has been widely noted. This paper explores the implications of Maritain’s work and life for contemporary spirituality, in particular, for a spirituality that might nourish and shape democratic participation. It finds the roots of such a spirituality in Maritain’s integral vision of the person, and his view of saints as those persons who alone have fully resolved the human condition. Maritain argues that while sanctity so defined is universal, it must (...) be adapted to the changing conditions of history. Contemporary democracy, in particular, has expanded the possibilities of the human being’s temporal task, and so calls for new styles of sanctity to embrace the new range of human activity. This paper explores the characteristics of sanctity in a democracy, according to Maritain. It finds that the defining features of such sanctity are solidarity, embodied in suffering and fraternal love, and contemplation diversely expressed through both prayer and action. Finally it explores the implications of Maritain’s spirituality for contemporary Catholic citizens. (shrink)

Today’s exponential advancement of information and communication technologies is reconfiguring participatory urban development practices. The use of digital technology implies new forms of decentralised governance, collaborative knowledge production, and social activism. The digital transformation has the potential to overcome shortcomings in citizen participation, make participatory processes more deliberative, and enable collaborative approaches for making cities. While digital tools such as digital mapping, e‐participation platforms, location‐based games, and social media offer new opportunities for the various actors and may act as (...) a catalyst for renegotiating urban space and collective goods, digitalisation can also perpetuate or even attenuate existing inequalities and exclusion. This editorial introduces the thematic issue “Citizen Participation, Digital Agency, and Urban Development” which focuses on the trajectories and (dis)continuities of citizen participation through digitalisation and elaborates this with examples from Europe and Asia on how the digital transformation impacts, challenges, or reproduces hegemonic power relations in urban development. (shrink)

Algorithms influence every facet of modern life: criminal justice, education, housing, entertainment, elections, social media, news feeds, work… the list goes on. Delegating important decisions to machines, however, gives rise to deep moral concerns about responsibility, transparency, freedom, fairness, and democracy. Algorithms and Autonomy connects these concerns to the core human value of autonomy in the contexts of algorithmic teacher evaluation, risk assessment in criminal sentencing, predictive policing, background checks, news feeds, ride-sharing platforms, social media, and election interference. Using these (...) case studies, the authors provide a better understanding of machine fairness and algorithmic transparency. They explain why interventions in algorithmic systems are necessary to ensure that algorithms are not used to control citizens' participation in politics and undercut democracy. This title is also available as Open Access on Cambridge Core. (shrink)