In Democratic Authority, David Estlund argues that decision-procedures are to be judged solely by their tendency to generate morally superior decisions, but that because any relationship of authority must be acceptable to all qualified moral points of view, the epistemic benefits of less equal procedures must be evident beyond qualified objection. If all doctrines involved in political justification must be qualifiedly acceptable, however, the qualified acceptability requirement must itself be acceptable to qualified points of view. This article (...) provides reasons for doubting that this ‘insularity’ can be achieved, and explores ways of reformulating the principle so that it does not exclude itself. (shrink)

This work has two major goals. The first is to reframe the problem of political authority from its Conservative framing to a Reformist framing. This change creates a new benchmark for the success of a theory. Rather than justifying a pre-existing intuition, a theory can be successful if it could establish political authority whenever the state itself or an individual’s relationship to it changes. This change also shifts the focus from the state’s right to rule to moral housekeeping. (...) In other words, the main goal is not to see when the state can use coercion against its citizens but rather to determine what political obligations citizens could have under different scenarios so that citizens can more accurately keep track of their moral reasons for action. The second major goal is to call into question epistemic theories of democratic authority through a critical examination of David Estlund’s theory of normative consent. Normative consent cannot establish political authority. Even granting that it could, normative consent would bind individuals to epistemic procedures rather than democratic procedures given that epistemic procedures better solve the moral problems that generate normative consent. However, this then raises worries from the public reason perspective that epistemic procedures would impose a procedure on some citizens which they could reject from a qualified position. To overcome this worry, it is shown that epistemic procedures based on reducing the power of the ignorant rather than raising the power of the experts are not open to such qualified rejection, and democratic procedures in the real world will do no better than a coin flip at selecting correct policies. In the end, one branch of epistemic conceptions of democratic authority are proven untenable. (shrink)

Recent attempts to legislate climate science out of existence raises the question of whether citizens are obliged to obey such laws. The authority of democratic law is rooted in both truth and popular consent, but neither is sufficient and they may conflict. These are reconciled in theory and, more importantly, in practice once we incorporate insights from the pragmatist theory of inquiry.

This paper identifies strands of reasoning underlying several theories of democratic authority. It shows why each of them fails to adequately explain or justify it. Yet, it does not claim (per philosophical anarchism) that democratic authority cannot be justified. Furthermore, it sketches an argument for a perspective on the justification of democratic authority that would effectively respond to three problems not resolved by alternative theories—the problem of the expert, the problem of specificity, and the (...) problem of deference. Successfully resolving these problems is at least evidence for the viability of a justification of democratic authority. This perspective integrates procedural concerns with those about the quality of democratic outcomes. It shows that democratic authority, if there is such a thing, requires reliable democratic procedures as the only sort citizens could rationally accept. (shrink)

Disrespect for the truth, the rise of conspiracy thinking, and a pervasive distrust in experts are widespread features of the post-truth condition in current politics and public opinion. Among the many good explanations of these phenomena there is one that is only rarely discussed: that something is wrong with our deeply entrenched intellectual standards of (i) using our own critical thinking without any restriction and (ii) respecting the judgment of every rational agent as epistemically relevant. In this paper, I will (...) argue that these two enlightenment principles—the Principle of Unrestricted Critical Thinking and the Principle of Democratic Reason—not only conflict with what is rationally required from a purely epistemic point of view, but also have bad cognitive consequences in furthering the spread of conspiracy theories and undermining trust in experts. I will then explain in more detail why we should typically defer to experts without using any of our own reasons regarding the subject matter. Moreover, I will show what place this leaves for critical thinking and why it does not have the crazy consequences that the critics expect. (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)

In his recent book Democratic Authority, David Estlund defends a strikingly new and interesting account of political authority, one that makes use of a distinctive kind of hypothetical consent that he calls ‘normative consent’: a person can come to have a duty to obey another when it is the case that, were she given the chance to consent to the duty, she would have a duty to consent to it. If successful, Estlund’s account promises to provide what (...) has arguably so far remained elusive: the basis for the authority of suitably democratic laws. In this paper, I argue that, despite its promise, the account Estlund develops is, in a crucial respect, incoherent: the principle of normative consent that he offers relies on a claim about a hypothetical situation, but the hypothetical situation at issue is one that, according to the principle itself, is morally impossible. (shrink)

Abstract In this paper, I pursue the question whether extending democratic rights to work is good in the broadest possible sense of that term: good for workers, firms, market economies, and democratic states. The argument makes two assumptions in a broadly consequentialist framework. First, the configuration of any relationship among persons in which there is less rather than more coercion makes individuals better off. Second, extending democratic rights to work will entail costs and benefits to both the (...) power and authority of employers and meaningful work for employees. These costs and benefits cannot be determined in advance because they are largely empirical, but there are still good reasons for expanding worker participation all-things-considered. First, I examine the parallel case for extending democratic rights to the workplace based on several similarities between politics and work organization. In addition, I consider the objections from voluntariness and efficiency. Although both objections raise interesting problems I believe that a properly formulated conception of democratic workplaces can answer them. In the final section, I sketch a minimal conception of these rights at the level of the firm that does not require a large-scale transformation of the market economy. (shrink)

The paper presents a novel take on the character of South Africa’s governance structure. It argues that, insofar as it constitutionally recognises traditional authorities, figures who rule in accordance with idiosyncratic and localised customary laws, as well as instigate a cheek-by-jowl existence of an asymmetrical property law (where in the urban setting land is nominally bought or transferred for sale, but in traditional rural areas granted by the chief), manifest in the differentiated land laws brought about by the Communal Land (...) Rights Act of 2003, is more akin to, and necessitates a definitional alignment with, the federal system of government than a unitary one – or at least a weak “federalism with South African characteristics.”. (shrink)

Recounts the author's experiences and reasons that led him to reject the Democratic Party and become a conservative.

In this paper I will discuss a recent attempt of justifying democracy and its authority. It pertains to recently published papers by Niko Kolodny, which complement each other and taken together practically assume a form of a monograph. It could be said that Kolodny's approach is a non-standard one given that he avoids typical ways of justifying democracy. Namely, when a justification of democracy is concerned, Kolodny maintains that it is necessary to offer a kind of an independent justification. (...) It is not so much that he insists that the usual approaches are wrong as much as that an independent justification is necessary in order to discern what it is that gives them their significance. Kolodny's independent justification of democracy is based on the idea of social equality. In this paper I will try to reconstruct and critically assess Kolodny's approach by paying special attention to the question of democratic authority. (shrink)

What makes democracy valuable? One traditional answer holds that participating in democratic self-government amounts to a kind of autonomy: it enables citizens to be the authors of their political affairs. Many contemporary philosophers, however, are skeptical. We are autonomous, they argue, when important features of our lives are up to us, but in a democracy we merely have a say in a process of collective choice. In this paper, we defend the possibility of democratic autonomy, by advancing a (...) conception of it which is impervious to this objection. At the core of our account is the idea of joint authorship. You are a joint author of something when that thing expresses your joint intentions. Democracy may not make any one of us sole author of our political affairs, but it can make us their joint authors. It is in such joint authorship, we claim, that the intrinsic value of democratic self-government consists. (shrink)

ABSTRACT: I argue that Joseph Raz’s service conception of authority cannot convincingly account for the nature and source of democratic authority. It cannot explain why decisions made democratically are more likely to be sound than decisions made non-democratically, and therefore, why democratic decisions might be understood as constituting moral reasons for action and compliance independently of their instrumental dimensions. My argument is that democratic authority cannot be explained completely in terms of the truth or (...) soundness of the outcomes it tends toward. A full account of democratic authority must involve non-instrumental values about the moral caliber of democratic procedures. (shrink)

Workplace democracy is often advocated on two intertwined views. The first is that the authority relation of employee to firm is akin to that of subject to state, such that reasons favoring democracy in the state may likewise apply to the firm. The second is that, when democratic controls are absent in the workplace, employees are liable to objectionable forms of subordination by their bosses, who may then issue arbitrary directives on matters ranging from pay to the allocation (...) of overtime and to relocation and promotion. Daniel Jacob and Christian Neuhäuser have recently submitted these views to careful criticism. They argue that the parallel between firms and states is unwarranted. For, unlike managerial authority, state authority is final. The state grants firms their legal status and subjects their authority to its regulations, which citizens in democracies already control. And they also argue that suitable workplace regulation alongside meaningful exit options may suffice to prevent, with no need for democratization, objectionable forms of workplace subjection. Neither view offers, they resolve, compelling reasons to believe that justice requires that firms be democratic. I here inspect these criticisms in turn, and offer reasons for skepticism. (shrink)

On many science-related policy questions, the public is unable to make informed decisions, because of its inability to make use of knowledge obtained by scientists. Philip Kitcher and James Fishkin have both suggested therefore that on certain science-related issues, public policy should not be decided on by actual democratic vote, but should instead conform to the public’s counterfactual informed democratic decision. Indeed, this suggestion underlies Kitcher’s specification of an ideal of a well-ordered science. This article argues that this (...) suggestion misconstrues the normative significance of CIDDs. At most, CIDDs might have epistemic significance, but no authority or legitimizing force. (shrink)

Michael Dorf and Charles Sabel invoke John Dewey’s “pragmatist account of thought and action” as the “backdrop” for their theory of democratic experimentalism, an approach to governance emphasizing judicially monitored local decision making within a system of decentralized administrative authority. Little credit for influence is given to the Austrian economist Friedrich Hayek and his classic liberal ideas. Indeed, Sabel has been highly critical of Hayek’s ideas. Yet, an argument can be made that (i) democratic experimentalism is at (...) least loosely Hayekian and (ii) a combined Deweyan-Hayekian analysis of Dorf and Sabel’s theory reveals some critical mistakes. One implication of my analysis is that Dewey and Hayek’s ideas are more compatible than most democratic theorists and political philosophers will admit. Evidence of this compatibility opens the door for creating and evaluating democratic experiments within a Deweyan-Hayekian theoretical framework, as well as extending the framework to other areas of political inquiry. (shrink)

In this review of Ezra Suleiman's book I explain his argument that democracies need independent professional bureaucracies with Weberian "impersonal" authority, and that the greatest threat to the authority of government and the health of democracy is the trend towards turning bureaucracy into an instrument of the governing political party of the day.

This article aims to combine the strengths of Erich Fromm’s and John Dewey’s social philosophies. I argue that the merits of this comparison become particularly clear when the theories are outlined and compared in the following three steps. First, a social theoretical common ground of Dewey and Fromm will be illustrated. Their “World War genealogies” share the same defense mechanism as the major explanation of the Germans’ tendency to voluntary submission, which involves a strong feeling of powerlessness. Against this background, (...) the next step elaborates the ethical side of their argument. Already the World War genealogies are written with melioristic intent, and especially later works (in case of both authors) elaborate the respective ethical theory as well as the ideas concerning melioristic social science and social psychology. These ethics aim at good communication (in a broad sense), while the melioristic social research focuses on the concrete manifestations of social character, allowing to empirically identify hindering and facilitating factors of social amelioration. Both can be linked using the concept of communicative power(lessness). By way of outlook, I will finally consider the combination of a democratic, communication-oriented ethics with qualitative sociopsychoanalytic research in Fromm’s sense as a straightforward and promising approach for an interdisciplinary social philosophy. (shrink)

This paper provides a realist analysis of the EU's legitimacy. We propose a modification of Bernard Williams' theory of legitimacy, which we term critical responsiveness. For Williams, 'Basic Legitimation Demand + Modernity = Liberalism'. Drawing on that model, we make three claims. (i) The right side of the equation is insufficiently sensitive to popular sovereignty; (ii) The left side of the equation is best thought of as a 'legitimation story': a non-moralised normative account of how to shore up belief in (...) legitimacy while steering clear of both raw domination and ideological distortions. (iii) The EU's current legitimation story draws on a tradition of popular sovereignty that sits badly with the supranational delegation and pooling of sovereign powers. We conclude by suggesting that the EU's legitimation deficit may be best addressed demoicratically, by recovering the value of popular sovereignty at the expense of a degree of state sovereignty. (shrink)

When product design teams gather at the whiteboard in big-tech office parks and startup garages around the world, they ask themselves: How will customers use our technology? Is it better than our competitors’? How much money can we make? But one question that’s rarely asked: does our technology advance human flourishing? -/- In a new white paper by Harvard professor Danielle Allen and her colleagues Eli Frankel, Woojin Lim, Divya Siddarth, Josh Simons, and Glen Weyl entitled “The Ethics of Decentralized (...) Social Technologies: Lessons from Web3, the Fediverse, and Beyond,” the authors not only ask this question but offer a powerful framework for answering it. Drawing on the accumulated wisdom of democratic societies, the authors show that the values of democratic governance that have promoted human flourishing can be translated into a rubric for judging new technologies. -/- In this short research brief, we unpack and comment on the four-step logic at the core of their case. Ultimately, their argument demonstrates the power and the challenge – and above all, the urgency – of placing human flourishing at the center of technology governance. (shrink)

The point of departure of this paper is the striking similarities between the dispositions critical media literacy education aims to cultivate and the characteristics conspiracy theorists claim to embody. The golden question of critical literacy, “who benefits?” is in fact the central question of conspiracy theorists: “cui bono?” While critical media literacy educators teach learners to disrupt the common sense, to interrogate multiple viewpoints, to focus on sociopolitical issues, and to take actions and promote social justice, conspiracy theorists claim that (...) they do exactly those things. What I wish to illuminate through this juxtaposition, however, is not a way to clearly demarcate “critical” from “conspiratorial” theorizing, but is a question of educational desirability of skepticism. Skepticism in this paper is not understood as a classical epistemological question of the possibility of knowledge attainment, but as a form of vigilance toward epistemic authorities like the government, media, and academic institutions. Drawing on philosophy of conspiracy theories and political epistemology, I illuminate the problem of radical skepticism that characterizes some conspiracy theories and discuss the pivotal epistemic role of trust. Through this, I claim that critical media literacy education for democratic citizenship must strike a balance between cultivation of skepticism and building of trust toward epistemic authorities. (shrink)

Alexis de Tocqueville is often seen as a champion of personal liberty and human greatness in the face of the conformism and mediocrity of the democratic social state. In this light, his vision of “soft despotism” anticipates familiar reservations about state managerialism and political apathy. Yet this picture risks eclipsing one of Tocqueville’s most pregnant ambiguities. Though deeply concerned by threats to liberty posed by modern mass society, Tocqueville is alive to the special need such societies have of (...) class='Hi'>authority, particularly moral authority, and hence of restraints to liberty itself. The freedom to decide how best to lead one’s life must become self-destructive, he contends, without a corresponding inclination to look outside oneself for prudent leadership and counsel. This paper elucidates the reasoning behind this paradoxical position. I argue that beneath the need of authority Tocqueville detects an enduring human problem, though one that takes a unique and even insuperable form under modern egalitarianism. I suggest that dwelling on this problem promises to enrich debates about the cynical nativism now menacing liberal democracies. Its origins are to be found less in economic upheaval and communication technology run amok than in the decay of civil religion and civic virtue, a trend that runs very much with the grain of democratic society and whose progress may be irrevocable. (shrink)

Spinoza's political thought has been subject to a significant revival of interest in recent years. As a response to difficult times, students and scholars have returned to this founding figure of modern philosophy as a means to help reinterpret and rethink the political present. Spinoza's Authority Volume I: Resistance and Power in Ethics makes a significant contribution to this ongoing reception and utilization of Spinoza's political thought by focusing on his Ethics. By taking the concept of authority as (...) an original framework, this books asks: How is authority related to ethics, ontology, and epistemology? What are the social, historical and representational processes that produce authority and resistance? And what are the conditions of effective resistance? -/- Spinoza's Authority features a roster of internationally established theorists of Spinoza's work, and covers key elements of Spinoza's political philosophy, including: questions of authority, the resistance to authority, sovereign power, democratic control, and the role of Spinoza's "multitudes". (shrink)

Propaganda is one of the most apparent avenues of ideological struggle. Amidst the battlefield in the social consciousness, the purpose of this study is to forward revolutionary ideology through intensification of revolutionary propaganda, specifically the pamphlet. It is a crucial step for revolutionaries in the aim to forward their methods of propaganda writing to overcome the illness of stereotypical propaganda writing as described by Mao Zedong. Stereotypical propaganda writing in the practice of progressive propaganda leads to a genesis of a (...) manufactured language characterized by the alienation of the masses from the language of revolutionaries and the alienation of revolutionary-propagandists from the practical experience of the masses. To overcome stereotypical propaganda writing, revolutionary propagandists must have a semiotic framework and a dialectical-materialist understanding of their relationship as Author-propagandists with the Reader-masses. By incorporating modest authorial-intentionalism from E.D. Hirsch and the Model-Reader theory of Umberto Eco into textual relationships, the role and the purpose of the sign as a medium in communicating ideologies can be established. In the process, it poses an alternative against the prevalent post-structuralist view of semantic autonomy and reader-response theory in the field of literary criticism. This paper also uses V.N. Voloshinov’s linguistic theory as the framework for semantico-pragmatic linguistic relations and social intercourse as the material base of the sign. (shrink)

Standard definitions represent political authority as the power to give reasons (or pro tanto duties) by using speech. But the giving of reasons (or pro tanto duties) is routine among ordinary folk. Why, then, is establishing the reason-giving powers of the state not the very same problem as establishing the reason-giving powers of ordinary people? This article (i) shows that the literature does not have the resources to answer, (ii) develops a pragmatist answer, and then (iii) closes by suggesting (...) that, properly understood, the problem of political authority calls not for more permutations of, say, consent theory, but concrete, genuinely democratic political systems. (shrink)

The idea that education should equip people to lead flourishing lives and help others to do so is now becoming salient in policy-making circles. Philosophy of education can help here by clarifying what flourishing consists in. This essay examines one aspect of this. It rejects the view that well-being goods are derivable from human nature, as in the theories of Howard Gardner and Edmond Holmes. It locates them, rather, as cultural products, but not culturally-relative ones, drawing attention to the proliferating (...) forms they have taken over the past three or four centuries. It looks to aesthetics and art criticism as a guide to a philosophical treatment of well-being goods more generally. It also takes off from aesthetics and art criticism in seeking to identify reliable authorities on the flourishing life. On this, it rejects elitist conceptions in favour of a more democratic model, emphasising its importance in education for citizenship. (shrink)

In this paper, the concept of “people as the roots” (of the state) is explored through its myriad expressions in Vietnamese history: the emphasis of Vietnamese feudal rulers on fulfilling the people’s will, loving the people, and ensuring peace for the people. From these historical examples, the authors argue that in the politics of Vietnamese traditional Confucianism, there has been the presence of democratic elements. Yet, they do not reflect a full-fledged democracy and should be seen only as signs (...) of village democracy. This view holds an important implication for the process of democratization of modern Vietnamese society: while the concept of “people as the roots” is essential for a village democracy and is valuable for building a democracy, it does not necessarily mean a straightforward translation to a modern democracy. Here, the authors suggest that civil society will play an important role in making this transition smoother. (shrink)

It is a still-influential characteristic of liberal thought since Mill that it advances moral arguments for limiting the authority of a democratic majority. This article suggests several reasons for thinking that a numerical majority nevertheless has some, though not necessarily decisive, moral weight. At the core of these reasons is the principle that every individual citizen has equal moral standing, even when he or she belongs to a numerical majority.

While Hegel’s political philosophy has been attacked on the left by republican democrats and on the right by feudalist reactionaries, his apologists see him as a liberal reformer, a moderate who theorized about the development of a free-market society within the bounds of a stabilizing constitutional state. This centrist view has gained ascendancy since the end of the Second World War, enshrining Hegel within the liberal tradition. In this book, Renato Cristi argues that, like the Prussian liberal reformers of his (...) time, Hegel was committed to expand the scope of a free economy and concurrently to ensure that the social practice of subjective freedom did not endanger political stability and order. Aware that a system of mutual advantage failed to integrate the members of civil society and that profound social disharmonies were ineradicable, Hegel adopted the views of the French liberal _doctrinaires_, who sought to realize the principles of the French Revolution by supporting Louis XVIII’s sovereign assertion of the monarchical principle. Not surprisingly, Hegel hailed the French _Charte_ of June 1814 as a beacon of freedom. Endorsement of the monarchical principle was meant to prevent the atomized individuals of civil society from gaining control of the state through appeals to popular sovereignty. This challenges most conventional interpretations of Hegel’s theory of the state and draws it closer to the conservative-authoritarian end of the political spectrum than is usual. (shrink)

The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule of the judges (...) (Michelman; Dworkin). It defends the role of Parliament in constitutional matters, in contrast with the role of the Supreme Court, inasmuch as – according to them – it is not open to political participation. Parliament is considered the only place in which we can exercise our constitutional power and in which our rights could be adequately protected (Bellamy; Waldron; Tushnet; Goldoni). On the other hand, legal constitutionalism upholds the idea of judicial review, defending the role of the Supreme Court as “exemplar of public reason” (Rawls 1993). This article tries to answer to three fundamental questions about constitutional democracy under the banner of political liberalism: 1. What do we mean by counter-majoritarian difficulty? 2. What is the answer that legal and political model of constitutionalism give to this question? 3. What is the role of constitutional courts in democratic regimes and what is their authority within the State? (shrink)

In Democratic Authority and the Separation of Church and State, Robert Audi addresses disagreements among equally rational persons on political matters of coercion by analysing the features of discussions between epistemic peers, and supporting a normative principle of toleration. It is possible to question the extent to which Audi’s views are consistent with the possibility of religious citizens being properly defined as epistemic peers with their non-religious counterparts, insofar as he also argues for some significant constraints on religious (...) reasons in public debates, and he advocates secular reasons being considered as equivalent to natural reasons. I shall also consider Jürgen Habermas’s criticism of Audi’s stance. One of Habermas’ main points focused on Audi’s strong division between religious and non-religious arguments that requires religious citizens to artificially split their reasons, while non-religiously affiliated citizens are not met with any similar requirement. Also, analysing the concept of epistemic parity, we can as well grasp some of the main features of the Habermasian idea of postsecularism. The difference between secular and postsecular views can be framed as hinging on what it means to be epistemic peers, thus bearing consequences on the understanding of the relationship between church and state—particularly regarding the nature of state neutrality and the different status of churches and organised secular groups. (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)

The paper evaluates the claims of Kwame Gyekye and Kwasi Wiredu that the Akan traditional governance structures are just as democratic or even more democratic that Western style representative democracies.

Political actions by Fridays for Future, Extinction Rebellion, and other climate activists often involve violations of legal regulations – such as compulsory education requirements or traffic laws – and have been criticized for this in the public sphere. In this essay, I defend the view that these violations of the law constitute a form of morally justified civil disobedience against climate policies. I first show that these actions satisfy the criteria of civil disobedience even on relatively strict conceptions of civil (...) disobedience. I then argue that they meet plausible justification conditions for civil disobedience because they are directed against serious and clear injustices, which legal means of influence have failed to remedy for decades. Finally, I reject the objection that civil disobedience against climate policy violates basic democratic principles because it claims authority to override democratically enacted agreements. When addressed to Fridays for Future activists, the objection misfires for the reason alone that these activists are largely minors that are excluded from democratic participation. Moreover, disobedience even by adult activists is justified by the existence of serious democratic deficits in our climate policies, especially since it can help to correct them. Such deficits include the lack of representation of the interests of people affected by climate change in the future and globally. (shrink)

This thesis focuses on Carl Schmitt’s political theory of the strong state and the way his own concept of the political justifies strong coercive methods to de-politicise the economy. According to Schmitt, the strong state should have the legitimate capacity to counter democratisation of the economy and limit the possibility of social movements from “confounding” (Verwirrung) or “confusing” (Vermischung) the state and economy. Unlike many, who argue that Schmitt was in this extent (an economic) liberal, as he sought to uphold (...) a distinction between politics and economy, I argue that behind Schmitt’s institutional distinction between state and economy lies an explicitly anti-liberal conceptual distinction between the political and social. It is the task of this conceptual distinction to justify strong coercive means to counter socialist demands for economic justice. The distinction is anti-socialist or anti-democratic as it tries limit the “uncontrollable” expansion of the state into the economy by establishing the autonomy of the political from the economy. This enables him to accuse democratic forces of illegitimately “politicising” the economy in a way that contradicts this necessary autonomy. On the other hand, the distinction is anti-liberal as it does not argue for the autonomy of the economy, but its relative dependence on the strong state to uphold social order necessary for capitalist system of production. I have decided to use the term “authoritarian distinction” to define Schmitt’s conceptual distinction and its normative implications. The authoritarian distinction between the political and social is not simply a conceptual distinction but it establishes a normative basis for re-organising the relationship between the state and economy. In order to flesh out the specific nature of Schmitt’s authoritarian distinction, I have connected his thought with other theories of sovereignty and how they support the state’s authoritarian relationship with the economy. The thesis has three objectives. First, I want to develop a form of analysis of Schmitt’s work that connects his theoretical work with political struggle. To engage in political theory and conceptual work means to take part in politics. The concept of the political is no different, and it cannot be detached from political and normative entailments as it seeks to transform the way we perceive politics. In contrast to those who argue that Schmitt’s work on the concept of the political can be abstracted from his own political objectives, I analyse his conceptual work in tandem with his texts that explicitly engage in the politics of his time. On the basis of this analysis, I show that Schmitt’s abstract work takes part in the class struggle that was prevalent in the Weimar Republic. The conceptual distinction between the political and social is at the heart of his attempt to authorise exceptional measures to counter the labour movement of his time. Second, it is far too often that all distinction of the state and economy are reduced to analyses of liberalism. This has meant that Schmitt, too, has been claimed to adhere to a version of liberalism simply because his theory justifies limiting the politicisation of the economy. To me it seems that the focus on the liberal side of de-politicisation has produced a very one-sided narrative. In order to argue this, I discuss to an extent other theorists of sovereignty, namely Hobbes and Rousseau, and point out that even they sought to establish a distinction between the state and economy in a way that contradicts liberalism but still leaves capitalist means of production intact. To reduce Hobbes or Schmitt to a role of a precursor to liberalism means to look aside the specific nature of their theory – and, for that matter, the specificity of liberalism. Furthermore, I discuss to an extent how both liberals and these various theories of sovereignty are similar in so far as they accept the modern development of the economy as its separate sphere from politics. Third, I want to criticise the recent attempts to appropriate Schmitt’s concept of the political on the left. Many have argued that Schmitt’s concept of the political as autonomous to the social is useful in overcoming traditional Marxism and use for radicalising democracy. However, my thesis suggests that this strategy needs to be problematised, as Schmitt’s conceptual distinction cannot be separated from his anti-democratic and -socialist economic policies. In the future, I hope to further explore this need to re-think the relationship between the political and social, and whether or not we should return to a more standard Marxist understanding of this relationship. (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)

Recent political theory has attempted to unbundle demos and ethnos, and thus citizenship from national identity. There are two possible ways to meet this challenge: by taming the relationship between citizenship and the nation, for example, by defending a form of liberal multicultural nationalism, or by transcending it with a postnational, cosmopolitan conception of citizenship. Both strategies run up against the boundedness of democratic authority. In this paper, I argue that Shachar adresses this issue in an innovative way, (...) but remains ultimately trapped by it. My argument has two parts. In the first one, I look at the analogy between property and citizenship on which Shachar rely to justify the obligations of wealthy states towards the global poor. I suggest that it does not work well to explain the rarity of citizenship and that the idea of taxing its value at the global level, however intuitive in liberal theory on property, could yield unexpected and non-liberal consequences. Nevertheless I also assess its merits. In the second part, I suggest that Shachar’s claim that her argument generates a legal obligation toward the global poor is not binding. It could only be so with the kind of cosmopolitan political institutions that she eschews. Thus we return where we begin. (shrink)

Does political decision-making require experts or can a democracy be trusted to make correct decisions? This question has a long-standing tradition in political philosophy, going back at least to Plato’s Republic. Critics of democracy tend to argue that democracy cannot be trusted in this way while advocates tend to argue that it can. Both camps agree that it is the epistemic quality of the outcomes of political decision-making processes that underpins the legitimacy of political institutions. In recent political philosophy, epistemic (...) democrats have embraced this instrumentalist way of thinking about democracy. In this chapter, I argue that the attempt to defend democracy on epistemic instrumentalist grounds is self-undermining. I also develop an alternative – procedural – epistemic defence of democracy. I show that there is a prima facie epistemic case for democracy when there is no procedure-independent epistemic authority on the issue to be decided. (shrink)

[Democratization in sub-Saharan Africa: West African political thought perspective]. Krzysztof Trzcinski's book deals with democratization as one of the leading themes in contemporary West African political thought. The process of establishing democracy in sub-Saharan African countries is extremely complex. African politicians often resort to democratic procedures only during elections. After winning them, they often limit freedom of opposition, media, and civil society organizations. By deriving numerous benefits from being in power, they are not willing to give up power once (...) gained. Sometimes, in countries perceived as young democracies, authoritarian rule is restored. These and other meanders of the development of democratic structures in Africa are difficult to understand for "outside" observers. African political thinkers attempt to explain them. Disappointed with authoritarianism, which has not provided security or prosperity to post-colonial African societies, they see a chance to achieve these values in a democratic environment. In their opinion, however, democracy for Africa cannot be a simple copy of the western model of majority rule and have to be tailored, taking into account the multi-ethnic specificity of the region's countries. African authors of political thought diagnose the problems of the democratization process and propose institutional recipes for healing it. Krzysztof Trzcinski consistently analyzes the concepts they created and formulates original and essential conclusions (by Professor Michał Tymowski). (shrink)

The democratic surprises of 2016—Brexit and the Trump phenomenon—fueled by “fake news”, both real and imagined, have come to constitute a centrifugal, nationalistic, even tribal moment in politics. Running counter to the shared postwar narrative of increasing internationalism, these events reignited embers of cultural and moral relativism in academia and public discourse dormant since the culture wars of the 1990s and ‘60s. This counternarrative casts doubt on the value of belief in universal human rights, which many in the humanities (...) and social sciences argue have of late been used as instruments of postcolonial oppression. This book essay introduces three texts written before the dawn of the latest “post-truth” era—The Sociology of Human Rights by Mark Frezzo, The Political Sociology of Human Rights by Kate Nash, and Keeping Faith with Human Rights by Linda Hogan—that address moral skepticism of human rights. Along with these authors, the essay briefly treats human rights’ past and prospects, analogizing it to the waves of feminist thought: in international politics, developing nations first desired a seat at the table and repeal of discriminatory laws and practices; when one-nation-one-vote did not result in equal treatment, the persistence of hierarchy helped developing nations awaken to their own evolving national identities and they wished to be recognized as not only equal, but different and unique. The essay recapitulates and amplifies these authors’ argument that the contemporary challenge for all nations, their citizens, and for the human rights community is to deliberatively decide what values unite these identities beyond simple self-determination and extend them toward the goal of a just global whole. The essay also makes an original contribution in summarizing the initial post-war debate in the United Nations that birthed the 1948 Declaration of Human Rights, which has been subject to revisionism and perspectivism typical of cultural and moral relativism. It provides some social scientific, historical, and philosophic grounding for serious conversation of the ideas of truths in politics, and universal, transcultural goods and rights that underpin the authority of the international human rights regime in theory and practice. It does so while recognizing the serious epistemological challenges to this universalist conception, chiefly: how a social construct can be both time-bound human creation and continue to be morally binding across space, time, and the accelerated change global citizens of all corners are experiencing, simultaneously yet in their own way. (shrink)

How should broadly liberal democratic societies stop illiberal and antidemocratic views from gaining influence while honouring liberal democratic values? This question has become particularly pressing after the recent successes of right-wing populist leaders and parties across Europe, in the US, and beyond. This book develops a normative account of liberal democratic self-defence that denounces the failures of real-world societies without excusing those supporting illiberal and antidemocratic political actors. This account is innovative in focusing not only on the (...) role of the state but also on the duties of nonstate actors including citizens, partisans, and municipalities. Consequently, it also addresses cases where the central government has at least been partly captured by illiberal and antidemocratic agents. Gabriele Badano and Alasia Nuti's approach builds on John Rawls's treatment of political liberalism and his awareness of the need to 'contain' unreasonable views, that is, views denying that society should treat every person as free and equal through a mutually acceptable system of social cooperation where pluralism is to be expected. The authors offer original solutions to vexed problems within political liberalism by putting forward a new account of the relation between ideal and non-ideal theory, explaining why it is justifiable to exclude unreasonable persons from the constituency of public reason, and showing that the strictures of public reason do not apply to those suffering from severe injustice. In doing so, the book further politicizes political liberalism and turns it into a framework that can insightfully respond to the challenges of real politics. (shrink)

Authors critical of corporate power focus almost exclusively on one solution: bringing it under democratic control. However important this is, there are at least two other options, which are rarely discussed: reducing powerful firms’ size and influence, or accepting corporate power as a necessary evil. This article provides a comparative perspective for evaluating all three options. It argues that the trade-offs we face in responding to corporate power have a trilemmatic structure. The pure strategies of accepting powerful firms, breaking (...) them up, or rendering them more accountable are each incompatible with one of three important values: power balance, economies of scale, and minimizing agency costs, respectively. While the latter two concepts are purely economic and efficiency-based, the value of power balance can be grounded in a variety of reasons. Different normative interpretations of power balance are discussed, along with their implications for policy choices within the trilemma. (shrink)

This essay presents a novel approach to specifying the meaning of the concept of populism, on the political position it occupies and on the nature of populism. Employing analytic techniques of concept clarification and recent analytic ideology critique, it develops populism as a political kind in three steps. First, it descriptively specifies the stereotype of populist platforms as identified in extant research and thereby delimits the peculiar political position populism occupies in representative democracies as neither inclusionary nor fascist. Second, it (...) specifies on this basis analytically–normatively the particular stance towards liberal representative democracy (in particular towards popular sovereignty and democratic legitimacy) that unifies populism’s political position and explains how populist politics can be compelling for democratic citizens. The normative core (populist ideology) turns out to require no more than two general principles of legitimizing political authority by elections. Surprisingly, it does not need a separate anti-pluralist or exclusionary commitment: it entails it. Third, this normative model allows a response to a contested question in the theoretical discussion, namely, whether populism (properly specified) can be democracy-enhancing. The article defends the negative answer in virtue of the normative core alone and does so as much vis-à-vis a minimal (purely electoral) as vis-à-vis a normatively ambitious (liberal) conception of democracy. The reconstruction of the normative core of populist ideology enables a novel argument to show that populism is incompatible with the continued democratic legitimation of political authority even in the normatively most austere conception of ‘electoral democracy’, not just with ‘liberal democracy’. Assuming a normatively more ambitious concept of democratic legitimation in terms of political autonomy, the model also produces an extremely direct argument showing that populists cannot fulfil their promise of ‘taking back control’ over political decision-making to the population. (shrink)

As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...) case-law at the international level while focusing attention on recent rulings and judicial reasoning by the ECtHR and the ECJ; critical thought-experiments in religion, morality, human rights, and the democratic public space; a contextualized account of burqa-wearing interventions by federal and state governments and, moreover, various courts in the United States; and philosophical commentary and, in some instances, criticism of the Danish and/or European (French, etc.) approach. The different contributions have different aims. The section on case-law at the international level reports on those central judgments that, in effect, helped to pave the path for the Kingdom of Denmark’s burqa ban. Concerning the concurring judges at the ECtHR, the opinions served to uphold a preexisting ban and to grant a wide margin of appreciation to the national authorities, thereby limiting the Court’s own review. -/- As regards to the ECJ, the legality of company rules that contain a policy of neutrality for the workplace was examined, with a similar outcome. The authors who discuss religion, morality, human rights and the democratic public space are endeavoring to, respectively, appeal to ethics as a testing stone for law and to both challenge and address several forms of “expressivist worry” in connection with face veils. In doing so, the authors ask a number of thought-provoking questions that hopefully will inspire public policymakers to careful analysis. While the section that is devoted to American perspectives highlights a comprehensive survey of political and legal responses to, in particular, full-face veils like the burqa, the relevant author also incorporates public perceptions and, in the course of examining these, draws a parallel to “the fate” of the hoodie. The constitutionality of burqa-wearing in America, so it also appears, is partially an open question, but differentiating between religious, political, or personal reasons is a de jure premise. Given that the Danish legislators who drafted law L 219 to ban burqa-wearing in public places rely on a reference to political Islam, they relegate religious and personal reasons to the private domain, thereby also adopting secularism as a premise. This is explored in the last author response of the article, more precisely, in an account of the underlying materialism that, in turn, is applied to Muslim women. If policymakers and legislators engaged in Thinking Things Through exercises, they could, as a minimum, avoid law-making strategies that are not in the spirit of the theory they themselves invoke, albeit tacitly. While the aim of, as it were, arresting culturally self-contradicting legislators is unique for the section in question, all the authors who contribute to the joint research project have one end-goal in common, namely to inform about important perspectives while at the same time opening up for parameters for (more) fruitful, constructive and (if need be) critical debate in the future. With this in mind, four recommendations are presented by the research director for the project. Legally, politically, socially and culturally, conflict-resolution should not translate the relationship between rulers and the ruled into a separation ideology, an instance of controllers versus the controlled. All things being equal, that is the objective limit for a democratic society. (shrink)

In this essay I situate John Dewey’s pragmatist approach to democratic epistemology in relation to contemporary “epistemic democracy.” Like epistemic democrats, Dewey characterizes democracy as a form of social inquiry. But whereas epistemic democrats suggest that democracy aims to “track the truth,” Dewey rejects the notion of “tracking” or “corresponding” to truth in political and other domains. For Dewey, the measure of successful decision-making is not some fixed independent standard of truth or correctness but, instead, our own reflective satisfaction (...) with the practical results. I argue that this approach better reconciles epistemic democracy with traditional models of popular authority (“the will of the people”) and bolsters the defenses of the epistemic democrat against elitist alternatives. (shrink)