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)

Disavowals such as "That's not who I am" are one way to distance ourselves from unsavory actions in order to try to mitigate our responsibility for them. Although such disclaimers can be what Harry Frankfurt calls "shabbily insincere devices for obtaining unmerited indulgence," they can also be a way to renew our commitments to new values as part of the processes of aspiration and moral improvement. What, then, separates backsliding aspirants from those in denial who seek unmerited indulgence? Drawing (...) on Christine Korsgaard, on the one hand, and Heidegger and Merleau-Ponty, on the other, I propose a two-dimensional account of practical identity that makes sense of a certain kind of self-ignorance and helps us distinguish the aspirant from the superficially similar cases of denial and resignation. A key factor is how one responds to what I call residual practical identities. (shrink)

Political leaders engage in alarmism when they inflate threats to the commonweal in order to influence citizens' behavior. A range of democratic theorists argue that alarmism is necessary to maintain political order, with some even contending that alarmism is particularly necessary in democratic polities. Yet there appear to be strong grounds for thinking that alarmism is incompatible with the democratic ethos, namely insofar as it contravenes the principle of collective self-determination. Prima facie, alarmism seems to violate this (...) principle because it involves deception and emotional manipulation, both of which are incompatible with a commitment to autonomous, collective decision-making. However, almost none of the democratic theorists who posit alarmism as a political necessity acknowledge this tension, let alone explore how it might be overcome. In this paper, I rebut the claim that alarmism is essentially anti-democratic and argue that under the right institutional conditions it is broadly compatible with the principle of collective self-determination. I argue that if leaders obtain community consent for their use of alarmism, then the apparent tension with collective autonomy dissolves. In the final section of the paper, I briefly sketch how this consent might feasibly be obtained. (shrink)

The main purpose of this article is to tackle the problem of living together – as dignified human beings – in a certain territory in the field of social philosophy, on the theoretical grounding ensured by some remarkable exponents of the Austrian School − and by means of the praxeologic method. Because political tools diminish the human nature not only of those who use them, but also of those who undergo their effects, people can live a life worthy of a (...) human being only as members of some autarchic or self-governing communities. As a spontaneous order, every autarchic community is inherently democratic, inasmuch as it makes possible free involvement, peaceful coordination, free expression and the free reproduction of ideas. The members of autarchic communities are moral individuals who avoid aggression, practice self-control, seek a dynamical efficiency and establish a democratic public discourse. (shrink)

In an era defined by events that continuously shake Fukuyama’s thesis according to which liberal democracy constitutes the end of History, there is need for a democratic ideal that puts the role of civic action at the heart of its justification. In this article, I argue that John Dewey’s democratic ideal understood as a matter of civic co-creation, where democratic pursuits are continually redefined by citizens through solving communal problems - not set by history, once and for (...) all - provides a valuable response to this need. To this end, this article reconsiders Deweyan democracy by:(1) presenting it as a transformational process, in opposition to liberal democracy; (2) discussing Dewey’s conception of active citizenship as requiring more than mere political participation; (3) articulating Dewey’s democratic ideal as a form of applied social intelligence; (4) making explicit the pedagogical consequences of Deweyan democracy; and (5) interpreting it as a form of peaceful conflict resolution aiming at balance in inter-personal relationships. (shrink)

This essay defends a pragmatic approach to transitional justice by arguing that it provides a convincing view of the relationships between theory and practice and is true to the nature of democratic justice itself.

Algorithms can now identify patterns and correlations in the (big) datasets, and predict outcomes based on those identified patterns and correlations with the use of machine learning techniques and big data, decisions can then be made by algorithms themselves in accordance with the predicted outcomes. Yet, algorithms can inherit questionable values from the datasets and acquire biases in the course of (machine) learning, and automated algorithmic decision-making makes it more difficult for people to see algorithms as biased. While researchers have (...) taken the problem of algorithmic bias seriously, but the current discussion on algorithmic fairness tends to conceptualize ‘fairness’ in algorithmic fairness primarily as a technical issue and attempts to implement pre-existing ideas of ‘fairness’ into algorithms. In this paper, I show that such a view of algorithmic fairness as technical issue is unsatisfactory for the type of problem algorithmic fairness presents. Since decisions on fairness measure and the related techniques for algorithms essentially involve choices between competing values, ‘fairness’ in algorithmic fairness should be conceptualized first and foremost as a political issue, and it should be (re)solved by democratic communication. The aim of this paper, therefore, is to explicitly reconceptualize algorithmic fairness as a political question and suggest the current discussion of algorithmic fairness can be strengthened by adopting the accountability for reasonableness framework. (shrink)

There is a growing consensus among philosophers of science that core parts of the scientific process involve non-epistemic values. This undermines the traditional foundation for public trust in science. In this article I consider two proposals for justifying public trust in value-laden science. According to the first, scientists can promote trust by being transparent about their value choices. On the second, trust requires that the values of a scientist align with the values of an individual member of the public. I (...) argue that neither of these proposals work and suggest an alternative that does better. When scientists must appeal to values in the course of their research, they should appeal to democratic values: the values of the public or its representatives. (shrink)

As quantum technologies (QT) advance, their potential impact on and relation with society has been developing into an important issue for exploration. In this paper, we investigate the topic of democratization in the context of QT, particularly quantum computing. The paper contains three main sections. First, we briefly introduce different theories of democracy (participatory, representative, and deliberative) and how the concept of democratization can be formulated with respect to whether democracy is taken as an intrinsic or instrumental value. Second, we (...) give an overview of how the concept of democratization is used in the QT field. Democratization is mainly adopted by companies working on quantum computing and used in a very narrow understanding of the concept. Third, we explore various narratives and counter-narratives concerning democratization in QT. Finally, we explore the general efforts of democratization in QT such as different forms of access, formation of grassroot communities and special interest groups, the emerging culture of manifesto writing, and how these can be located within the different theories of democracy. In conclusion, we argue that although the ongoing efforts in the democratization of QT are necessary steps towards the democratization of this set of emerging technologies, they should not be accepted as sufficient to argue that QT is a democratized field. We argue that more reflexivity and responsiveness regarding the narratives and actions adopted by the actors in the QT field and making the underlying assumptions of ongoing efforts on democratization of QT explicit, can result in a better technology for society. (shrink)

A widely held picture in political science emphasizes the cognitive shortcomings of us citizens. We’re ignorant. We don’t know much about politics. We’re irrational. We bend the evidence to show our side in the best possible light. And we’re malleable. We let political elites determine our political opinions. This paper is about why these shortcomings matter to democratic values. Some think that democracy’s value consists entirely in its connection to equality. But the import of these shortcomings, I argue, cannot (...) be explained in purely egalitarian terms. To explain it, we must instead think of democracy’s value partly in terms of collective autonomy. Our ignorance and irrationality undermine the epistemic conditions for realizing this kind of autonomy. They stop us knowing the outcomes of our political choices. Our irrationality and malleability undermine the independence conditions for realizing such autonomy. They mean our political choices are subject to problematic kinds of interpersonal influence. Thus, at root, the import of the widely held picture is that, if accurate, it closes off this critical aspect of democracy’s value. (shrink)

According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political choice, (...) I believe, is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (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)

One central aspect of a healthy democracy is the practice of democratic dissent. For the first time in many years, dissent is being widely practiced in town hall meetings and on street corners across the United States. Despite this presence, dissent is often suppressed or omitted in the prescribed, tested, hidden, and external curriculum of US schools. This article calls for a realignment of these aspects of curriculum with both a guiding vision of ideal democracy and a realistic interpretation (...) of democracy as it is currently invoked in order to maximize this historic moment and work toward more robust democracy as a whole. This article will define dissent, show why it matters for healthy democracy, describe its role in the conscious social reproduction of citizens, reveal implications of the current more consensus-oriented forms of democracy portrayed in US schools, and call for new work on consensus and dissent in schools given changes in the present environment. (shrink)

In response to its current crisis, scholars call for the revitalisation of democracy through democratic innovations. While they make ample use of life metaphors describing democracy as a living organism, no comprehensive understanding of ‘life’ has been established within democratic theory. The Black Lives Matter (BLM) movement articulates the urgency of refocusing on life and its meaning through radical democratic practice. This article employs a grounded theory approach, enriched with participatory methods, to develop a radical democratic (...) concept of life in conversation with BLM. It conceptualises life as the existence of a perspective that constantly transforms through its fundamental interconnectedness. Building on this concept, the article outlines four principles of a living democracy that go beyond the revitalisation discourse. A living democracy (1) safeguards the existence of all humans and nonhumans, (2) nurtures a diversity of perspectives, (3) fosters social and planetary connectivity, and (4) enables self- and collective transformation. (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)

Taking seriously the task of sustaining the democratic project requires debunking pessimism, thinking critically about what constitutes the distinctive character of democracy, and taking a future-oriented perspective on democratic transformations.

The call to make artificial intelligence (AI) more democratic, or to “democratize AI,” is sometimes framed as a promising response for mitigating algorithmic injustice or making AI more aligned with social justice. However, the notion of “democratizing AI” is elusive, as the phrase has been associated with multiple meanings and practices, and the extent to which it may help mitigate algorithmic injustice is still underexplored. In this paper, based on a socio-technical understanding of algorithmic injustice, I examine three notable (...) notions of democratizing AI and their associated measures—democratizing AI use, democratizing AI development, and democratizing AI governance—regarding their respective prospects and limits in response to algorithmic injustice. My examinations reveal that while some versions of democratizing AI bear the prospect of mitigating the concern of algorithmic injustice, others are somewhat limited and might even function to perpetuate unjust power hierarchies. This analysis thus urges a more fine-grained discussion on how to democratize AI and suggests that closer scrutiny of the power dynamics embedded in the socio-technical structure can help guide such explorations. (shrink)

This essay shows that the principles of classical liberalism (e.g., James Buchanan) do not apply to the firm based on the employer-employee relationship. However, there is a deeper democratic classical liberalism tradition based on inalienable rights, but it rules out the employment or human rental relation.

In the United States, the Presidential Commission for the Study of Bioethical Issues has proposed deliberative democracy as an approach for dealing with ethical issues surrounding synthetic biology. Deliberative democracy might similarly help us as we update the regulation of human subjects research. This paper considers how the values that deliberative democratic engagement aims to realize can be realized in a human subjects research context. Deliberative democracy is characterized by an ongoing exchange of ideas between participants, and an effort (...) to justify decisions that bind participants by appeal to reasons that the participants can understand and share. Even when unanimous agreement is not reached, the active participation of everyone along with the requirement that reasons be made accessible enhances the legitimacy of the ultimate outcome. Importantly, deliberative democratic structures avoid strict hierarchies and place participants, as much as possible, in the position of equals. Human subjects research has some features that may make deliberative democratic principles seem initially unappealing. For one, there are asymmetries in knowledge between expert researchers conducting the research and participants in the research process. For another, statistical validity is made easiest by research paradigms that produce standardized, quantitative data, which can be difficult to achieve if research participants are given the power to deliberatively reshape the research design as it progresses. These and other problems have tended to produce a human subjects research process where subjects do not actively participate in shaping research, but rather consent to a predefined set of interventions designed by expert researchers and vetted by Institutional Review Boards (IRBs). In this paper, I suggest some ways in which human subjects research could do more to realize deliberative democratic values, and, in particular, how a revised Common Rule might help to realize these values. First, research participants could be treated not as passive subjects but instead involved in research design, ethical review, and the ongoing conduct and dissemination of research. Such participation might involve, for instance, including people who have served as research subjects on IRBs, or replacing IRB oversight for certain forms of research exempted from IRB oversight under a revised Common Rule with oversight by a body of community members or research subjects. It might also involve having the oversight of research that uses more participatory models be more participatory and less hierarchical in nature. I also raise questions about the exemption of research on public benefit programs from any research-level oversight and from consent requirements. While IRBs are likely not the correct overseers, there may be good reason to view such research with a critical eye, because of its potential for long-range impacts on the lives of participants. By giving research subjects a greater voice in research that aims at fine-tuning public benefit programs on which subjects rely, a deliberative oversight process has the potential to recast research participation as a form of active democratic participation and to address a “democratic deficit” in public health. Numerous proposals regarding health care have called for greater participation by laypeople and a more nonhierarchical approach to setting health priorities. Involving lay research subjects in the conduct of public benefits research and other forms of public health research may help to further these goals. (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.

Are democratic states permitted to denationalize citizens, in particular those whom they believe pose dangers to the physical safety of others? In this article, I argue that they are not. The power to denationalize citizens—that is, to revoke citizenship—is one that many states have historically claimed for themselves, but which has largely been in disuse in the last several decades. Recent terrorist events have, however, prompted scholars and political actors to reconsider the role that denationalization can and perhaps should (...) play in democratic states, in particular with respect to its role in protecting national security and in supporting the global fight against terror more generally. In this article, my objective is to show that denationalization laws have no place in democratic states. To understand why, I propose examining the foundations of the right of citizenship, which lie, I shall argue, in the very strong interests that individuals have in security of residence. I use this formulation of the right to respond to two broad clusters of arguments: (1) those that claim that it is justifiable to denationalize citizens who threaten to undermine the safety of citizens in a democratic state or the ability of a democratic state to function as a democratic state, and (2) those that claim that it is justifiable to denationalize dual citizens because they possess citizenship status in a second country that is also able to protect their rights. (shrink)

In order for democratic deliberative interactions in educational settings to fruitfully occur, certain favorable conditions must obtain. In this chapter I chiefly concern myself with one of these putative conditions, namely that of school integration, believed by many liberal scholars to be necessary for consensus-building and legitimate decision-making. I provide a critical assessment of the belief that integration is a necessary facilitative condition for democratic deliberation in the classroom. I demonstrate that liberal versions of democratic deliberation predicated (...) on this condition are puzzlingly inattentive both to the inevitability of segregation, as well as the inequities occasioned by ‘school integration’. I then move to probe the possibilities for democratic education in the absence of integration. I argue that neither the possibilities for deliberation nor the cultivation of civic virtue turn on an environment being ‘integrated’. Indeed some kinds of segregation may be more conducive to fostering both deliberation and civic virtue. (shrink)

This paper clarifies the usage of Albert Hirschman’s categories of market behaviour as of exit and voice in debates about workplace democracy by taking seriously his critique of the neoclassical analysis of competition. Pro-market liberals are generally hostile to the idea of workplace democracy and tend to favour top-down hierarchies as a way of organising labour. This hostility is generally inspired by the neoclassical analysis of exploitation and efficiency, which leads them to defend distributions achieved through exit-based competitive equilibria. Following (...) Hirschman, I propose to consider a hypothetical alternative: a democratic equilibrium, reached through the use of voice. I show that it would present the same appealing characteristics than its competitive counterpart while also accounting for the non-ideal conditions in which markets operate. Support for free markets should entail support for workplace democracy minimally understood as a strengthening of voice. (shrink)

A conception of legitimacy is at the core of normative theories of democracy. Many different conceptions of legitimacy have been put forward, either explicitly or implicitly. In this article, I shall first provide a taxonomy of conceptions of legitimacy that can be identified in contemporary democratic theory. The taxonomy covers both aggregative and deliberative democracy. I then argue for a conception of democratic legitimacy that takes the epistemic dimension of public deliberation seriously. In contrast to standard interpretations of (...) epistemic democracy, however, the conception I put forward avoids procedure-independent standards of correctness. Instead, it relies on a procedural social epistemology and defines legitimacy entirely in terms of the fairness of procedures. I call this conception of democratic legitimacy `Pure Epistemic Proceduralism'. I shall argue that it should be preferred over `Rational Epistemic Proceduralism', the conception of legitimacy that underlies the standard interpretation of epistemic democracy. Key Words: legitimacy • deliberative democracy • epistemic democracy • social epistemology. (shrink)

Hassoun argues that the poor in the world have a right to health and that the Global Health Impact Index provides consumers in well-off countries with the opportunity to ensure that more people have access to essential medicines. Because of this, these consumers would be ethically obliged to purchase Global Health Impact Index-labeled products in the face of existing global inequalities. In presenting her argument, Hassoun rejects the so-called democratic account of ethical consumption in favor of the positive change (...) account. Two versions of the democratic change account are relevant. One underscores the importance of democratic procedures and institutions, while the other stresses our fundamental moral equality. While at least one prominent institutionalist account has problems, revised versions would be less vulnerable to Hassoun’s counterexamples. Furthermore, institutionalist accounts come with the epistemological gains from democratic procedures and deliberations, which may be especially important under uncertainty. Finally, and perhaps more challenging for the Global Health Impact index project, this measure may place the burden unfairly on those who need to buy medicines. This is a pivotal insight from the non-institutionalist version of the democratic account of ethical consumption. (shrink)

The years that followed the fall of the Berlin wall and various authoritarian regimes in different regions of the world, witnessed the growth of a wide literature on democratization, which was influenced more and more by the paradigm of transition and the “consolidation” of democracy. Since then, evaluations as well as perspectives through which were seen various regimes (the new democracies “with problems”) are developed mainly through the theoretical lens of consolidation paradigm, according to which full democratic consolidation was (...) the endpoint of regime transitions. But it has become clear today that in many countries, in which more than three decades have passed since the fall of authoritarian regimes, the issue of “completion” of democracy in their social and political context is still far from being a happy reality. The purpose of this paper is to criticize both in the theoretical and the empirical level, the concept of “consolidation of democracy”, seeing it as a non-valid concept for the study of democratization. This paper will argue that essentially the concept of consolidation is teleological and problematic in the sense that democracy is seen not as a process but an endpoint product. (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)

In this paper, I try to show that democratic consensus – one of the more prominent ideals in recent political thought – is an essential byproduct of epistemically warranted beliefs about political action and organization, at least in those cases where the issues under dispute are epistemic in nature. An essential byproduct (to borrow Jon Elster’s term) is a goal that can only be intentionally achieved by aiming at some other objective. In my usage, a political issue is epistemic (...) when there is some right (or at least best) answer concerning how it ought to be resolved that is independent of people’s beliefs or desires about how it ought to be resolved. An important secondary claim, then, is that it is difficult to explain the presumptive value of political deliberation unless we understand a very large share of political issues as epistemic in nature. This view implies a considerably more contentious model of political deliberation but is not incompatible with familiar forms of conciliatory behavior in our public disputes. (shrink)

The ideas contained in this paper were first formulated as part of a chapter in my doctoral dissertation, which was completed in 1997. Some years later I added to my initial thoughts, scribbled some notes, and presented them at the 12th Annual Philosophy in Schools Conference, held in Brisbane in 2002. This presentation surfaced as a paper in Critical & Creative Thinking: The Australasian Journal of Philosophy in Schools (Burgh 2003a). Soon thereafter I revised the paper (Burgh 2003b) and it (...) appeared in abridged form in the Asia-Pacific Philosophy Education Network for Democracy (APPEND) Philosophy Series, Volume 4: Philosophy, Democracy and Education, edited by Philip Cam. It was once again revised, but also expanded, and appeared in Chapter 5 of Ethics and the community of inquiry: Education for deliberative democracy, a collaborative authorship with Terri Field and Mark Freakley (2006). Some sections have been further revised and appear in other publications (Burgh 2009, 2010; Burgh & Yorshansky 2011). These revisions would suggest that my thoughts on these matters are constantly changing. To some degree this is true, but each time the changes have built on previous ideas rather than new ideas replacing old ones. I welcomed the invitation to revise the original paper, which includes sections not included in later versions. However, with almost 11 years passing since the original publication, I found myself deleting sections and replacing others. Subsequently, this paper is a culmination of all the revisions and incorporates ideas from each. (shrink)

The democratization of science entails the public having greater influence over science and that influence being shared more equally among members of the public. This chapter will present a thumbnail sketch of the arguments for the democratization of science based on the importance of collectively shaping science’s impact on society, the instrumental benefits of public participation in science, and the need to ensure that the use of science in politics does not undermine collective self-government. It will then outline worries about (...) citizen competence, the abuse of democratic ideals and the limits posed by the nation-state. (shrink)

This project seeks to address the way in which democratic citizens are equal, and the kind of equality of opportunity that follows from this notion of equality. I will then apply this theoretical discussion to public education, a fundamental component of any notion of equality of opportunity. I am asserting principles that may inform questions of equality in any democracy, but I am giving specific content to the way these ideals have been articulated in one particular democracy. Because I (...) ultimately want to make sense of the best realization of these ideals in the American educational system, I will explore these with reference to American political morality. (shrink)

Classical liberalism is skeptical about governmental organizations "doing good" for people. Instead governments should create the conditions so that people individually (Adam Smith) and in associations (Tocqueville) are empowered to do good for themselves. The market implications of classical liberalism are well-known, but the implications for organizations are controversial. We will take James Buchanan as our guide (with assists from Mill and Dewey). Unpacking the implications of classical liberalism for the "science of associations" (Tocqueville) requires a tour through the intellectual (...) history of the voluntary slavery contract and the voluntary non-democratic constitution. The argument concludes that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations and associations. (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)

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)

"Populism" has long been a dirty word. To some, it suggests the tyranny of the mob, to others, a xenophobic nativism. It is sometimes considered conducive to (if not simply identical to) fascism. In this timely book, Walter Horn acquits populism by "distilling" it, in order to finally give the people the power to govern themselves, free from constraints imposed either by conservatives (or libertarians) on the right or liberals (or Marxists) on the left. Beginning with explanations of what it (...) means to vote and what makes one society better off than another, Horn progresses to issues involving what makes for fair aggregation and appropriate, deliberative representation. From suggesting solutions to contemporary problems like gerrymandering, immigration control, and campaign finance, to offering answers to age-old questions like why dissenters should want to obey the majority and who should have the right to vote in various elections, Horn, using his new theory of "CHOICE Voluntarism," provides solutions to some of the most perplexing problems in the history of democratic theory. -/- The Introduction and first chapter can now be read free at Amazon. (shrink)

Who should decide who gets to say what on online social media platforms like Facebook, Twitter, and YouTube? American legal scholars have often thought that the private owners of these platforms should decide, in part because such an arrangement is thought to serve valuable free speech interests. This standard view has come under pressure with the enactment of statutes like Texas House Bill 20, which forbids certain platforms from “censoring” user content based on viewpoint. Such efforts to regulate the speech (...) policies of online platforms have been challenged for undermining the editorial speech rights of these platforms and allowing the proliferation of hate speech. This Article develops a democratic theory of free speech, according to which one of the most important reasons for protecting robust free speech rights is that free speech can contribute not only to democratic elections but to a democratic culture more generally. To achieve robust cultural democracy, a community’s speech environment must enable people not only to rationally persuade one another about matters of public importance and convey mutual respect to one another as political equals but also allow people to influence each other in a less articulate and rational manner—to “democratically vibe” with one another. This theory yields a qualified normative defense of government regulation of the speech policies of large social media platforms that can help to realize cultural democracy, suggesting that First Amendment doctrine should focus to a greater extent on protecting the speech rights of platform users, rather than platform owners. Although far from a ringing endorsement of H.B. 20 or S.B. 7072, this Article suggests that First Amendment law should be friendlier to state regulation of platform speech than many critics have thought. (shrink)

The paradox of persisting opposition raises a puzzle for normative accounts of democratic legitimacy. It involves an outvoted democrat who opposes a given policy while supporting it. The article makes a threefold contribution to the existing literature. First, it considers pure proceduralist and pure instrumentalist alternatives to solve the paradox and finds them wanting — on normative, conceptual, and empirical grounds. Second, it presents a solution based on a two-level distinction between substantive and procedural legitimacy that shows that citizens (...) are consistent in endorsing the upshot of democratic procedures while opposing it. Third, it unpacks three reasons to non-instrumentally endorse such procedures — namely, the presence of reasonable disagreement, non-paternalism, and the right to democratically do wrong. In so doing, the article shows that those accounts of democratic legitimacy that rely on reasonable disagreement as a necessary condition for democratic procedures being called for are flawed, or at least incomplete, and offers a more complete alternative. (shrink)

To what extent are questions of sovereign debt a matter for political rather than scientific or moral adjudication? We answer that question by defending three claims. We argue that (i) moral and technocratic takes on sovereign debt tend to be ideological in a pejorative sense of the term, and that therefore (ii) sovereign debt should be politicised all the way down. We then show that this sort of politicisation need not boil down to the crude Realpolitik of debtor-creditor power relations—a (...) conclusion that would leave no room for normative theory, among other problems. Rather, we argue that (iii) in a democratic context, a realist approach to politics centred on what Bernard Williams calls ‘The Basic Legitimation Demand’ affords a deliberative approach to the normative evaluation of public debt policy options. (shrink)

What obligations are there on voters? This paper argues that voters should make their electoral decision competently, and does so by developing on a recent proposal for democratic legitimacy. It then explores three problems arising from this ‘competency obligation’. First, how should voters be competent? I propose three conditions required for voter competence. Second, how competent should voters be? I argue that the competency required tracks the significance of the consequences of the vote. Third, if the electorate are unlikely (...) to deliver a competent decision, should suffrage be restricted to the competent alone? I defend unrestricted suffrage on the grounds that restricting suffrage cannot guarantee a competently made electoral decision. Instead, obligations on voters should be minimised by political parties satisfying their obligations to be politically sound; if they are sound, then the obligation to be competent can be easily satisfied by voters. (shrink)

There is a strong appetite in ‘the wild’ (i.e., beyond the academy) for public philosophy. There are myriad forums available, from magazines and online publications to podcasts and YouTube videos, for those who wish to engage in philosophy in a non-academic context. For academic philosophers, this has raised methodological and metaphilosophical questions like: ‘what is the best way to engage in public philosophy?’ and ‘what are our aims when we engage in public philosophy?’ But what do ‘the public’ want? If (...) public philosophy is philosophy written for a public audience, what is it, exactly, that it can or might do for them? Several answers have been proposed by philosophers, but less attention has been paid to how the public themselves might answer that question. The aim of this essay is to try and put together at least the beginning of an answer. In June 2022 we put out a survey in the hope of eliciting views from ‘the public’ on issues relating to the nature and aims of both philosophy (more generally) and public philosophy. In doing so, our aim was to take a ‘democratic’ approach to answering the question: What is public philosophy? (shrink)

The feminist movement may seek democratization on a global scale, but women are still hampered by a democratic deficit in terms of economic and political power. On the other hand, global feminist networks and new expanded forms of non-territorial political space do appear to be increasing democratic participation for women.

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 way citizens regard and treat one another in everyday life, even when they are not engaged in straightforwardly “political” activities, matters for achieving democratic ideals. This claim provokes an underexamined unease in many. Here I articulate these concerns, which I argue are prompted by the approaches most often associated with these issues. Such theories, like democratic communitarianism, require problematic sorts of unity in everyday social life. To avoid these difficulties, I offer an alternative, called procedural democratic (...) informal politics, which allows democrats to evaluate everyday life without demanding questionable forms of unity within it. (shrink)

Positive social trends around LGBT in Russia has converted into positive political trends, but support for LGBT policies is necessary for a democratic politician.

Many democratic theorists hold that when a decision is collectively made in the right kind of way, in accordance with the right procedure, it is permissible to enforce it. They deny that there are further requirements on the type of reasons that can permissibly be used to justify laws and policies. In this paper, I argue that democratic theorists are mistaken about this. So-called public reason requirements follow from commitments that most of them already hold. Drawing on the (...) democratic ideal of civic equality, I show that it can successfully explain why political decision-making must have the right sort of procedure-independent justification. However, contra standard accounts of public reason, I argue that laws and policies need to be justified with convergence accessible, not shared, reasons. Public reasons are those that are accessible in light of evaluative standards shared by all, or in light of every citizen’s private evaluative standards. Since this will make the set of public reasons wider, it makes the theory more palatable to sceptics while retaining the framework’s justificatory potential. (shrink)

Democratic education is one of the significant challenges facing state education in Israel. This is one of the most sophisticated versions of alternative education, which clearly criticizes the traditional education that is centered on curricula and the assessment industry that brought the strongest expression.) This article seeks to contribute to the discussion of the place of democratic education as normalizing education. Democratic schools in Israel, as a space of opportunity and limitations. The article will incorporate a historical (...) overview of the philosophical approach underpinning democratic education while highlighting the opportunities it provides as a space of active and vigilant dialogue, both on its organizational and pedagogical dimensions, and will seek to clarify its social and educational opportunities. (shrink)

This paper develops a normative framework for both conceptualizing and assessing various institutional possibilities for democratic modes of constitutional change, with special attention to the recent ferment of constitutional experimentation. The paper’s basic methodological orientation is interdisciplinary, combining research in comparative constitutionalism, political science and normative political philosophy. In particular, it employs a form of normative reconstruction: attempting to glean out of recent institutional innovations the deep political ideals such institutions embody or attempt to realize. Starting from the assumption (...) that contemporary constitutional democracies are attempting to realize the broader ideals of deliberative democratic constitution (ideals outlined briefly in the first section), the paper proposes an evaluative framework, comprised of six criteria, for assessing various mechanisms of constitutional change. It argues that democratic forms of constitutional change embody six distinct ideals—operationalizability, structural independence, democratic co-authorship, political equality, inclusive sensitivity, and reasons-responsiveness—and that these ideals can be used to gauge the normative worth of different mechanisms for carrying out such change. The framework is developed with reference to recent constitutional developments (e.g., in Venezuela, South Africa, Columbia, Bolivia, and Iceland) highlighting distinct criteria and showing how they appear to capture the general direction of institutional innovation. The paper conjectures that the set of six criteria yield the best normative reconstruction of the crucial ideals embodied in the constitutional change mechanisms of contemporary constitutional democracies, and so, ought to be used for purposes of evaluating institutional design proposals. (shrink)

Many commentators lament that American democracy is in crisis. It is becoming a system of minority rule, wherein a party with a minority of the nationwide vote can control the national government. Partisan gerrymandering in the House of Representatives fuels this crisis, as does the equal representation of small and large states in the Senate. But altering these features of the legislature would not end minority rule. Indeed, it has long been held that majority rule cannot be guaranteed within any (...) district system, as a minority of voters nationwide can be efficiently distributed such that a minority party wins a majority of districts by narrow margins. -/- This Article offers a way to save majority rule. Since the way a party can gain control of the legislature with a minority of the vote is to win a majority of districts by narrow margins of victory and lose a minority of districts by large margins of victory, the solution is to make margins matter. Hence, this Article proposes that we preserve electoral districts in which the candidate with the most votes wins, while making the weight of their vote in the legislature (a representative’s “legislative power”) a function of margins of victory. The first goal of this Article is to outline how this proposal, which I call “weighted voting by margin of victory” (WVMV), retains the democratic virtues of district systems while ending minority rule. This is the first basis for the democratic imperative to make margins matter. -/- There is, however, a second basis for that same imperative, which turns on the political equality of voters. The U.S. Supreme Court has long held that the democratic equality should be understood in terms of equal voting power (one person, one vote). But when margins of victory don’t matter, the power of a vote lies exclusively in its potential decisiveness. A vote that changes the margin of victory without changing the victor is “wasted”. But it is an electoral reality that votes in competitive districts are more likely to be decisive, and votes in uncompetitive districts are more likely to be wasted; as a result, candidates and parties are more responsive to some voters than others. So voters are not political equals. They do not have equal voting power, except in an empty formalistic sense. By contrast, WVMV gives votes a second type of power. The power of a vote is to potentially decide who wins and to actually change the legislative power of the victor. Each vote, in effect, transfers a unit of political power to a democratic representative. This “transference” power can be meaningfully equalized between voters. A voter in an uncompetitive district is far less likely to change who wins, but is equally able to change the margin of victory, such that their vote is no longer wasted. This gives candidates and parties a strong reason to be more equally responsive to all voters who can change the margins. Hence, there is a democratic imperative to make margins matter, in order to give voters a meaningfully equal form of voting power. -/- The final goal of this Article is to explain how we can implement WMVM in modern democracies, focusing on three particularly challenging cases: the U.S. Senate, the Parliament of the United Kingdom, and the U.S. House of Representatives. These cases are challenging for several reasons, the most pertinent of which turn on the ways we should understand margins of victory when electorates are of unequal sizes (as in the U.S. Senate) or are contested by more than two parties (as in the U.K.) or are conducted under different voting procedures (as in many districts in the U.S. House). I argue that WVMV should be considered feasible in such contexts, and hence offers a practical, rather than purely theoretical, alternative to the status quo. (shrink)

There are many types of political culture as well as many elements to be found in each type of political culture. The present study will be limited in two ways. Firstly, we shall not deal with all the elements of political culture. We shall focus on what has been called the "Affective Attitudes" element, which we take to include feelings and emotional proclivities, which to us, are inseparable from values and evaluations. Secondly, we shall not focus on all types of (...) political cultures, but rather on democratic political culture. We plan to study one particular conceptual relation between (democratic) political culture and (democratic) political system. This is the relation of congruence. This relation is less controversial than causal relation which some theorists propose as holding between political culture and political system. However, it does suggest concepts that can be used in formulating causal hypotheses that can be empirically tested. مناقشة لطبيعة الثقافة السياسية التي تتوائم مع تتوائم مع النظام السياسي الديمقراطي. سوف يجري التركيز على التوجهات الانفعالية (المشاعر العواطف والقيم) التي تشكل جزءا هاما من الثقافة السياسية -/- . (shrink)