Judgment aggregation theory, or rather, as we conceive of it here, logical aggregation theory generalizes social choice theory by having the aggregation rule bear on judgments of all kinds instead of merely preference judgments. It derives from Kornhauser and Sager’s doctrinal paradox and List and Pettit’s discursive dilemma, two problems that we distinguish emphatically here. The current theory has developed from the discursive dilemma, rather than the doctrinal paradox, and the final objective of the paper is to give the (...) latter its own theoretical development along the line of recent work by Dietrich and Mongin. However, the paper also aims at reviewing logical aggregation theory as such, and it covers impossibility theorems by Dietrich, Dietrich and List, Dokow and Holzman, List and Pettit, Mongin, Nehring and Puppe, Pauly and van Hees, providing a uniform logical framework in which they can be compared with each other. The review goes through three historical stages: the initial paradox and dilemma, the scattered early results on the independence axiom, and the so-called canonical theorem, a collective achievement that provided the theory with its specific method of analysis. The paper goes some way towards philosophical logic, first by briefly connecting the aggregative framework of judgment with the modern philosophy of judgment, and second by thoroughly discussing and axiomatizing the ‘general logic’ built in this framework. (shrink)

The classical model of democracy that Schumpeter criticizes is manufactured out of a variety of earlier ideas, not those of any one thinker or even one school of thought. His critique of the central ideals by which he defines the model--those of the common will and the common good--remains persuasive. People's preferences are too messy and too manipulable to allow us to think that mass democracy can promote those ideals, as he defines them. Should we endorse his purely electoral model (...) of democracy then, and accept that people do not exercise any control over government? Not necessarily. We can expand democracy to include the constitutional and contestatory constraints that people impose on their rulers. We may hope that people can rely on such democratic controls to ensure that government operates by community standards. (shrink)

The paper offers five desiderata on a realist normative theory of politics: that it should avoid moralism, deontologism, transcendentalism, utopianism, and vanguardism. These desiderata argue for a theory that begins from values rooted in a people’s experience; that avoids prescribing a collective deontological constraint; that makes the comparison of imperfect regimes possible; that takes feasibility and sustainability into account; and that makes room for the claims of democracy. The paper argues, in the course of exploring the desiderata, that a neo-republican (...) philosophy of government does pretty well in satisfying them. (shrink)

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

The Ideal of Deliberative Democracy The Discursive Dilemma The Relevance of the Dilemma for Deliberative Democracy The Resolution in Republican Theory This Resolution and Other Arguments for the Ideal Notes.

Shows that the very same asymmetries that arise for intentionally also arise from deciding, desiring, in favor of, opposed to, and advocating. It seems that the phenomenon is not due to anything about the concept of intentional action in particular. Rather, the effects observed for the concept of intentional action should be regarded as just one manifestation of the pervasive impact of moral judgment.

Let justice be a feature of the social order imposed by a state and legitimacy a feature of how it is imposed: one that makes the imposition acceptable. This article argues that, so understood, legitimacy is quite a distinct concern from justice; that the core concern is with showing how state coercion is consistent with people’s being free citizens; that this does not require showing that the state exists by consensus or contract; that the best hope of satisfying the concern (...) lies with arguing that state coercion need not be dominating; and that this is possible only within the republican theory that identifies freedom with the absence of domination, not interference. (shrink)

The concept of freedom as non-domination that is associated with neo-republican theory provides a guiding ideal in the global, not just the domestic arena, and does so even on the assumption that there will continue to be many distinct states. It argues for a world in which states do not dominate members of their own people and, considered as a corporate body, no people is dominated by other agencies: not by other states and not, for example, by any international agency (...) or multi-national corporation. This ideal is not only attractive in the abstract, it also supports a concrete range of sensible, if often radical international policies. (shrink)

Group agents have been represented as expressive fictions by those who treat ascriptions of agency to groups as metaphorical; as pragmatic fictions by those who think that the agency ascribed to groups belongs in the first place to a distinct individual or set of individuals; and as theoretical fictions by those who think that postulating group agents serves no indispensable role in our theory of the social world. This paper identifies, criticizes and rejects each of these views, defending a strong (...) realist position. (shrink)

Having a self means being able think of myself under a certain profile that that is me: that is who I am, that is how I am. But if I raise the question as to who or how I am, there are three salient profiles in which I can cast myself, three selves with which we can identify. I can see myself just as an agent identified over time by the linkages between my experiences, my attitudes and my actions. I (...) can see myself as the persona that I invite others to rely on and that, if sincere, I internalize. And I can see myself as the figure I cut in other people's eyes, whether or not I welcome that image. Such ambiguities help explain the complexity in philosophical discussion of the self as well as the conflict in everyday exhortations to be ourselves and know ourselves, yet also to forget ourselves and lose ourselves. (shrink)

Nudge is a concept of policy intervention that originates in Thaler and Sunstein's (2008) popular eponymous book. Following their own hints, we distinguish three properties of nudge interventions: they redirect individual choices by only slightly altering choice conditions (here nudge 1), they use rationality failures instrumentally (here nudge 2), and they alleviate the unfavourable effects of these failures (here nudge 3). We explore each property in semantic detail and show that no entailment relation holds between them. This calls into question (...) the theoretical unity of nudge, as intended by Thaler and Sunstein and most followers. We eventually recommend pursuing each property separately, both in policy research and at the foundational level. We particularly emphasize the need of reconsidering the respective roles of decision theory and behavioural economics to delineate nudge 2 correctly. The paper differs from most of the literature in focusing on the definitional rather than the normative problems of nudge. (shrink)

Suppose we embrace the republican ideal of freedom as non-domination: freedom as immunity to arbitrary interference. In that case those acts that call uncontroversially for criminalization will usually be objectionable on three grounds: the offender assumes a dominating position in relation to the victim, the offender reduces the range or ease of undominated choice on the part of the victim, and the offender raises a spectre of domination for others like the victim. And in that case, so it appears, the (...) obvious role for punishment will be, so far as possible, to undo such evils: to rectify the effects of the crime that make it a repugnant republican act. This paper explores this theory of punishment as rectification, contrasting it with better established utilitarian and retributivist approaches. (shrink)

One of the most important challenges for political theory is to identify the extent to which corporations should be facilitated and restricted in law. By way of background to that challenge, we need to develop a view about the nature and potential of corporations and corporate bodies in general. This chapter discusses two fallacies that we should avoid in this exercise. One, a claim popular among economists, that corporate bodies are not really agents at all. The other, a claim associated (...) with US jurisprudence, that not only are they agents, they are persons whose rights call in the same way as the rights of individual persons for legal recognition and protection. (shrink)

It is great honor to be even a virtual part of an event to celebrate the work of Leslie Zines, and especially to celebrate it in such august company. Leslie was a colleague that I greatly admired and liked. The disciplinary divide between us was not any bar to affection, though Leslie never let me forget that the constitutional-law terrain was sacred ground on which outsiders ventured at their peril. I particularly enjoyed the way that he, like our mutual, recently (...) departed friend, Paul Finn, gently mocked the pretensions of a philosopher to declaim on topics jurisprudential. I fear I’m going to tread on his ground again in this little paper and I can only beg his, and Paul’s, posthumous indulgence. My topic is the dispersion of power within the state. This ideal has a long history but has ceased to be much celebrated by those who endorse it and has come in for fierce attack among populist opponents. It’s not an exaggeration to say, in Yeats’s words, that on this subject ‘The best lack all conviction, while the worst Are full of passionate intensity’. In this short paper I would like to rehearse reasons why we should warmly endorse the dispersive ideal. And endorse it, regardless of how we dub it: whether, for example, we describe it in a mainly twentieth-century formula, as the separation of powers; in an eighteenth-century antecedent as a regime of checks and balances; in an earlier name that goes back to the Roman Republic as a mixed constitution; or in a term I myself favor as a polycentric arrangement or system. (shrink)