In Human Nature and the Limits of Political Philosophy, I argued that justice might require things of people that they cannot bring themselves to do. A central step was to argue that this does not entail an inability to ‘do’ the putatively required thing. David Wiens challenges that argument of mine, and this piece is my reply.

Political equality is in tension with political quality, and quality has recently been neglected. My thesis is that proper attention to the quality of democratic procedures and their outcomes requires that we accept substantive inequalities of political input in the interest of increasing input overall. Mainly, I hope to refute political egalitarianism, the view that justice or legitimacy requires substantive political equality, specifically equal availability of power or influence over collective choices that have legal force. I hope to show that (...) political egalitarianism exaggerates individual rights in the conduct of political procedures, and neglects the substantive justice of the decisions made through those procedures. Some unequal distributions of influence may better promote just decisions, and without reliance on any invidious comparisons such as the relative wisdom of the wealthy or the educated. (shrink)

:Does social justice lose all application in the condition in which people are morally flawless? The answer, I will argue, is that it does not — justice might still have application. This is one lesson of my broader thesis in this paper, that there is a variety of conditions we would all regard as highly idealistic and unrealistic which are, nevertheless, not beyond justice. The idea of “circumstances of justice” developed especially by Hume and Rawls may seem to point in (...) a more realistic direction, but we can see that this is not so once we distinguish between conditions of need for norms of justice, conditions of their emergence, and conditions of applicability of the standard of justice. Justice, I argue, can have application even in conditions where no mechanism of justice is present or needed, such as the case of internalized motives of justice. (shrink)

Waldron argues that recent treatments of justice have neglected reasonable disagreement about justice itself. So Waldron offers a procedural account of democratic legitimacy, in which contending views of justice can be brought together to arrive at a decision without deciding which one is correct. However, if there is reasonable disagreement about everything, then this includes his preferred account of legitimacy. On the other hand, it is not clear that Waldron is right to count so much disagreement as reasonable. But then (...) Waldron has not undermined the view he opposes in which some prevailing disagreement about justice is held to be unreasonable. (shrink)

The papers published in this special issue can fairly be unified under the heading “Epistemic Democracy,” but there is more variety among them than this might indicate. They exhibit the broad range of ways in which epistemological considerations are figuring in contemporary philosophical discussions of democracy. The authors range from young and promising to established and distinguished. I'd like to introduce a few of the issues that run through the papers, sprinkling references to the actual papers along the way. From (...) the beginning, democratic forms of government have included discussion and debate. In real life the value of democracy can hardly be separated from the value of free public discussion, prior to voting, about the issues and candidates. This is not to say that either the discussion or the vote have always been inspiring, but whatever value democracy is thought to have, it seems inseparable from public political discussion. One way of accounting for the value of the discussion is to suppose that voters exchange reasons (not always cooperatively) about what to do. Even a quick look at the content of political debate seems to confirm that it is mostly about which decision would be best for the country or city whose laws or leaders are in question. (shrink)

This piece is a response to four essays that critically discuss my book Democratic Authority. In addition to responding to their specific criticisms, it takes up several methodological issues that put some of the critiques in a broader context. Among the issues discussed are “normative consent,” which I offer as a new theory of authority; the “general acceptability requirement,” which advances a broadly Rawlsian approach to political justification; and methodological questions about theory building, including a device I dub the “method (...) of provisional leap.”. (shrink)

Under the assumptions of the standard Condorcet Jury Theorem, majority verdicts are virtually certain to be correct if the competence of voters is greater than one-half, and virtually certain to be incorrect if voter competence is less than one-half. But which is the case? Here we turn the Jury Theorem on its head, to provide one way of addressing that question. The same logic implies that, if the outcome saw 60 percent of voters supporting one proposition and 40 percent the (...) other, then average voter competence must either be 0.60 or 0.40. We still have to decide which, but limiting the choice to those two values is a considerable aid in that. Key Words: Condorcet Jury Theorem • epistemic democracy • voter competence. (shrink)

It is often argued that if one holds a liberal political philosophy about individual rights against the state and the community, then one cannot consistently say that a state that violates those principles is owed the right of noninterference. How could the rights of the collective trump the rights of individuals in a liberal view? I believe that this debate calls for more reflection, on the relation between liberalism and individualism. I will sketch a conception of liberalism in which there (...) is nothing awkward about saying that associations, as such, have some moral rights to noninterference. If liberal associationism is compelling in general terms then, if states can be shown to be associations in the relevant respects, then liberalism itself will supply the moral basis for a right of that kind, held by a state or people as such, to nonintervention. (shrink)

I offer replies to critical comments on my book, Utopophobia: On the Limits of Political Philosophy, in four pieces appearing in the same issue of this journal.

Sunstein argues that democratic theory has recently rested its normative claims on a vast but empirically uninformed optimism about the ability of collective deliberation to lead to morally and rationally better decisions. Once that question is considered empirically, he argues, deliberation turns out to be mixed at best, and a disaster at worst. I want to suggest that Sunstein exaggerates the claims of the deliberative democrats, and interprets the empirical literature against deliberation in a way that appears, even based on (...) his own descriptions of the studies, to be unfairly biased against the value of deliberation. (shrink)