This article contributes to the debate concerning the identification of politically relevant cases of corruption in a democracy by sketching the basic traits of an original liberal theory of institutional corruption. We define this form of corruption as a deviation with respect to the role entrusted to people occupying certain institutional positions, which are crucial for the implementation of public rules, for private gain. In order to illustrate the damages that corrupt behaviour makes to liberal democratic institutions, we (...) discuss the case of health care professionals’ abuse of their right to conscientious objection to abortion services. We show that the conscience clause can be instrumentally abused to sabotage democratically established public rules and thus exert undue private influence on their implementation. In this sense, from a liberal democratic perspective, institutional corruption is problematic because it is disruptive of such fundamental liberal ideals as the impartiality of public institutions and citizens’ political equality. (shrink)

This essay examines some of the institutional arrangements that underlie corruption in democracy. It begins with a discussion of institutions as such, elaborating and extending some of John Searle’s remarks on the topic. It then turns to an examination of specifically democratic institutions; it draws here on Joshua Cohen’s recent Rousseau: A Free Community of Equals. One of the central concerns of Cohen’s Rousseau is how to arrange civic institutions so that they are able to perform (...) their public functions without being easily abused by their members for individual gain. The view that Cohen sketches on behalf of Rousseau offers a clear framework for articulating institutional corruption in democracy. With this account of democratic institutions in place, the essay turns the discussion to the role of transparency in deterring institutional corruption. The basic thought here is perhaps unsurprising: to ensure that a democratic institution is serving its public function and not being manipulated for self-interested gain, its activities must be subject to public scrutiny, and so these activities must be transparent to the public. Saying this makes the role of transparency in a well-functioning democracy clear, but it does not settle how transparency is to be realized. The essay argues that transparency can be realized in a democracy only by an extra-governmental institution that has several of the familiar features of the press. If this is correct, it follows that in its design and in many, though not all, of its activities, WikiLeaks provides a contemporary example of such an institution. (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)

Endorsing Bill Readings’ argument that there is an intimate relationship between the dissolution of the nation-State, the undermining of the Humboldtian ideal of the university and economic globalization, this paper defends both the nation-State and the Humboldtian university as core institutions of democracy. However, such an argument only has force, it is suggested, if we can revive an appreciation of the real meaning of democracy. Endorsing Cornelius Castoriadis’ argument that democracy has been betrayed in the modern world but disagreeing (...) with his analysis of modernity, it is argued that the tradition of modern democratic thought can only be properly comprehended in relation to the ‘radical enlightenment’ originating in the Renaissance, efforts to subvert this by the ‘moderate enlightenment’, and the revival and reformulation of the radical enlightenment in Germany at the end of the eighteenth century. It is shown that subsequent political thought only becomes fully intelligible in relation to the on-going struggle between the radical and the moderate enlightenments, and that it is necessary to appreciate that the moderate enlightenment, manifesting itself in neo-liberal thought, is profoundly anti-democratic. While the radical enlightenment was developed in the nineteenth century by philosophical idealists, it is suggested that the achievements of the idealists can be successfully defended now only on naturalistic foundations through process metaphysics. Process metaphysics, it is shown, provides the basis for reviving the Humboldtian model of the university, the democratic nation-State, and a vision of the future as ‘communities of communities’ to counter the dissolution of all communities into the global market promoted by neo-liberals. (shrink)

The paper reviewed financial resources which is a critical factor and component of Business Process Re-engineering in achieving academic performance of higher education institutions in the Democratic Republic of Congo. The objective of the study is to examine whether financial resources can contribute to improving and achieving academic performance of higher education institutions in general and students in particular. The study used a systematic literature review and content analysis was to establish the relationship between financial resources and (...) academic performance. The key findings are grouped in three dimensions: 1) financial resources; 2) budget and funding/financial model; 3) tuitions fees, scholarship and loans provision. The study found consistent evidence to show that there is a significant and positive relationship between financial resources and performance of higher education institutions. The study concluded that higher education sector in the Democratic Republic of Congo needs a radical change and fundamental rethinking in improving educational budget processes to meet the needs of the institutions, provision of scholarship and loans processes to students mainly those from poor background and designing innovative financial/funding model to sustain educational institutions. The study is based on academic capitalism theory. The recommendations were made based on the findings of the study. -/- . (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)

Accountability of the elected leaders is one of the key factors in a representative democracy. Bangladesh restored a democratic ruling system in 1991 but has struggled to create an effective institutional mechanism to hold the political leaders before the citizens. Information has often been called the oxygen of democracy because of its power to bring accountability through transparency and public disclosure. With the boom of news media organisations and the emergence of the movement for the right to and freedom (...) of information in the early 2000s, many argued that information institutions could build the mechanism for political accountability. On that background, Bangladesh enacted the Right to Information Act in 2009 and established a few key public information institutions including the Information Commission (IC) and Access to Information Programme hoping that the freedom of information would not only challenge the culture of secrecy and veil but also encourage the elected leaders to be answerable to the citizens. But did it really happen? Why? I looked for the answers in this study though the conceptual and analytical lens of freedom of information, proactive disclosure and accountability. For this study, I mainly used the data and cases gathered from secondary sources namely policy papers, reports, newspapers, journals, books and online spaces. I also utilised my own experience of working with a few state organisations. I analysed the current status of accountability mechanisms in Bangladesh focusing mainly on the political accountability (often called the vertical accountability). I also examined a few recent cases in order to understand the role of the information institutions in bringing the political accountability in the current fragile democracy in Bangladesh. Considering the poor democratic practices in the recent years, findings of this study suggest that the accountability of the political leaders has increased to a certain considerable extent. I argue that this is partly because of the increased transparency and proactive disclosure in the formal and informal institutional mechanisms, and mostly because of the leading active role of the mass media organisations. I conclude with the argument that despite having this increased transparency and freedom of information, this improved accountability is not sustainable without an effective democratic institutional mechanism. (shrink)

Epistemic questions have become an important area of debate within democratic theory. Epistemic democrats have revived epistemic justification of democracy, while social scientific research has speared a significant debate on voter knowledge. An area which has received less attention, however, is the epistemic case for markets. Market advocates have developed a number of epistemic critiques of democracy which suggest that most goods are better provided by markets than democratic institutions. Despite representing important challenges to democracy, these critiques (...) have gone without reply as democratic theorists have tended to exclude markets from consideration. This article responds to these critiques and argues that there are good epistemic grounds for granting a much greater role to democracy than its market critics have claimed. It argues that there is a broad range of goods, including important ethical goods, which are better provided by democracy than markets due to the particular epistemic burdens they create. (shrink)

Political leaders engage in alarmism when they inflate threats to the commonweal in order to influence the behavior of the citizenry. 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)

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)

Agonist theorists have argued against deliberative democrats that democratic institutions should not seek to establish a rational consensus, but rather allow political disagreements to be expressed in an adversarial form. But democratic agonism is not antagonism: some restriction of the plurality of admissible expressions is not incompatible with a legitimate public sphere. However, is it generally possible to grant this distinction between antagonism and agonism without accepting normative standards in public discourse that saliently resemble those advocated by (...) (some) deliberative democrats? In this paper we provide an analysis of one important aspect of political communication, the use of slippery slope arguments, and show that the fact of pluralism weakens the agonists’ case for contestation as a sufficient ingredient for appropriately democratic public discourse. We illustrate that contention by identifying two specific kinds of what we call pluralism slippery slopes, i.e. mechanisms whereby pluralism reinforces the efficacy of slippery slope arguments. (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)

This paper argues that instituting Citizen Boards of Governance (CBGs) is the optimal strategy to democratically contain Big Tech’s algorithmic powers in the digital public sphere. CBGs are bodies of randomly selected citizens that are authorized to govern the algorithmic infrastructure of Big Tech platforms. The main advantage of CBGs is to tackle the concentrated powers of private tech corporations without giving too much power to governments. I show why this is a better approach than ordinary state regulation or relying (...) on market mechanisms. My proposal follows from the critique of Big Tech’s concentrated powers, and explains how this justifies democratizing algorithms in the digital public sphere. My approach thus speaks to a core commitment in democratic theory: enhancing the autonomy of the public sphere from the centers of powers in modern societies, be it corporations or governments. (shrink)

I offer an interpretation and defense of John Dewey’s notion of “democratic experiments,” which involve testing moral beliefs through the experience of acting on them on a social scale. Such testing is crucial, I argue, because our social norms and institutions fundamentally shape the relationships through which we develop emotional responses that represent the morally significant concerns of others. Improving those responses therefore depends on deliberate alterations of our social environment. I consider deliberative and activist alternatives and argue (...) that an experimentalist approach better models some prominent cases of social progress, such as the extension of marital rights to same-sex couples. (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)

Scholars are divided on the relationship between cynicism and political life. In this chapter, I describe and endorse what I call 'institutional cynicism' and suggest it can feature within kinds of virtuous civic stances in democratic societies. I accept that some forms of cynicism can be as destructive and as anti-democratic as critics insist. Institutional cynicism, of the sort I describe, can actually make us better citizens. It turns our attention towards sub-optimal aspects of the political institutions (...) of democratic societies, teaching us things about those institutions we need to know, without necessarily leading us into fatalism or despair. (shrink)

This paper makes an argument for the democratic value of distrust. It begins by analyzing distrust, since distrust is not merely the negation of trust. The account that it develops is based primarily on Martin Luther King Jr.’s work in Why We Can’t Wait. On this view, distrust is the confident belief that another individual or group of individuals or an institution will not act justly or as justice requires. It is a narrow normative account of distrust, since it (...) concerns a specific normative task. Distinctions between vertical and horizontal distrust, as well as trust and agnostic trust are also discussed. This paper argues that distrust’s democratic value lies in its ability to secure democracy by protecting political minorities from having their voices ignored. As such, distrust can be viewed as a kind of Madisonian “check and balance” that works to prevent tyranny. Distrust also works to secure democracy by forging new or alternative forms of democratic participation. The main example discussed in this paper is King’s involvement in the Birmingham Campaign during the Black Civil Rights movement in America. In this case, King and his supporters’ distrust of fellow White citizens and political institutions led to alternative forms of political expression such as non-violent protests, boycotts, and other forms of civil disobedience, all of which led to greater racial justice by working to alleviate White tyranny. (shrink)

The political, economic and environmental policies of a hegemonic, oligarchic, political-economic international caste are the origin and cause of the ecological and political dystopia that we are living in. An utilitarian, resourcist, anthropocentric perspective guides classical economics and sustainable development models, allowing the enrichment of a tiny part of the world's population, while not impeding but, on the contrary, directly inducing economic losses and environmental destruction for the many. To preserve the integrity of natural systems we must abandon the resourcist (...) anthropocentric ethical fiction that is the current moral foundation underlying our relationship with nature and instead promote the realization of a new developmental landmark for democratic institutions: direct democracy, i.e. democracy truly governed by the people for the people, and ultimately for nature as well. (shrink)

Despite Jon Elster’s caveat that the market potentially endangers the forum, Goodin insists that commercial innovations, such as the focus group and the market test, would actually strengthen democracy and citizen engagement. His thesis in this book is that governments should task members of smallscale deliberative bodies — or what he calls, in the singular, a ‘micro-public’, and what Robert Dahl before him termed a ‘mini-populus’ — to experiment with alternative solutions to public problems. While the book is a collection (...) of previously published essays, many are extensively altered and rewritten to support this thesis and to round out a literature that has recently become increasingly oriented toward deliberative practice. Indeed, Goodin is more circumspect than some of the less praxis-focused deliberative theorists — for instance, Jürgen Habermas — concerning the capacity of deliberative forums to displace traditional democratic institutions: ‘Inevitably . . . deliberative democracy can only supplement rather than supplant the institutional apparatus of representative democracy as we know it’ (7-8). The book is organized into two sections, one concerning the design and function of small-scale deliberative bodies or micro-publics, and the other devoted to deliberative activities in macro-political institutions, including the translation of micro-public recommendations into sound public policy (what is often called ‘uptake’). (shrink)

Contrasting two models of deliberative democratic multiculturalism, one by Seyla Benhabib and another by Luis Villoro, this paper contends that the differences between these two models outweigh the similarities, and that Villoro’s model is more promising insofar as it preserves the trust required in the institutions that mediate democratic deliberation in multicultural societies.

Could the employment of large language models (LLMs) in place of human advisors improve the problem-solving ability of democratic assemblies? LLMs represent the most significant recent incarnation of artificial intelligence and could change the future of democratic governance. This paper assesses their potential to serve as expert advisors to democratic representatives. While LLMs promise enhanced expertise availability and accessibility, they also present specific challenges. These include hallucinations, misalignment and value imposition. After weighing LLMs’ benefits and drawbacks against (...) human advisors, I argue that time-tested democratic procedures, such as deliberation and aggregation by voting, provide safeguards that are effective against human and machine advisor shortcomings alike. Additional protective measures may include custom training for advisor LLMs or boosting representatives’ competencies in query formulation. Implementation of adversarial proceedings in which LLM advisors would debate each other and provide dissenting opinions is likely to yield further epistemic benefits. Overall, promising interventions that would mitigate the LLM risks appear feasible. Machine advisors could thus empower human decision-makers to make more autonomous, higher-quality decisions. On this basis, I defend the hypothesis that LLMs’ careful integration into policymaking could augment democracy’s ability to address today’s complex social problems. (shrink)

In his 1939 essay, “Creative Democracy – The Task Before Us,” John Dewey described democracy as “a way of personal life controlled not merely by faith in human nature in general but by faith in the capacity of human beings for intelligent judgment and action if proper conditions are furnished.”1 While this may seem an odd definition, it is emblematic of the reconstructive tendency in Dewey’s philosophy. If we are to achieve a truly democratic society, we must reconstruct democracy (...) itself – our personal lives must become more democratic if we are to have hopes for our political institutions. And central to this reconstruction, as Dewey points out in this essay, is a recognition of the roles of communication and education in the interest of democratzing ends. It seems hardly worth mentioning the role played by information technology in our contemporary modes of communication and education, given the centrality of the personal computer and the Internet in our everyday lives. For most of us in this room, and especially for those under the age of 25, it is difficult to remember a time before the home computer, before e-mail and instant messaging. But it is vitally important to bear in mind that the technological advantages of Western life are not universal – large.. (shrink)

Identity politics is commonly criticized as endangering democracy by undermining community, rational communication, and solidarity. Drawing on both radical democratic theory and standpoint theory, this article posits the opposite thesis: identity politics is pivotal for the democratization of democracy. Democratization through identity politics is achieved by disrupting hegemonic discourse and is, therefore, a matter of power, while such forms of power politics are reasonable when following minority standpoints generated through identity politics. The article develops this approach by connecting radical (...) democratic theories with standpoint theories and highlighting their commonalities and potential for mutual enhancement. Standpoint theory allows us to substantiate and reconcile two initially contradictory claims: particular minority standpoints are necessary to criticize the prevailing discursive and institutional orders, and these standpoints stem from intersubjective reason and embody ‘strong objectivity.’ This discussion presents a new perspective on the tension between particularity and universality, as well as the relationship between power and reason in democracy. Democratization is an oscillation between these polarities, and political theory should not aim to resolve this tension but to recognize and articulate it. Such recognition might involve elevating knowledge emerging from oppressed groups and exercising epistemic modesty when assessing specific forms of identity politics. (shrink)

Sociology, as conceived by Comte, was to put an end to the anarchy of opinions characteristic of liberal democracy by replacing opinion with the truths of sociology, imposed through indoctrination. Later sociologists backed away from this, making sociology acceptable to liberal democracy by being politically neutral. The critics of this solution asked 'whose side are we on?' Burawoy provides a novel justification for advocacy scholarship in sociology. Public sociology is intended to have political effects, but also to be funded by (...) the politically neutral state. He argues that public sociology is institutionally neutral, but that committing to an organic relation with a social movement is legitimate as a matter of the sociologist's personal value choice. Although this produces side-taking sociology, by improving the case for particular standpoints it serves to improve democratic discussion generally, which is an appropriately neutral public aim. (shrink)

_One of the strongest arguments against hate speech legislation is the so-called Argument from Political Speech. This argument problematizes the restrictions that might be placed on political opinions or political critique when these opinions are expressed in a way which can be interpreted as ‘hateful’ towards minority groups. One of the strongest free speech scholars opposing hate speech legislation is Ronald Dworkin, who stresses that having restrictions on hate speech is, in fact, illegitimate in a liberal democracy. The right to (...) express oneself freely concerning any political decision is, according to Dworkin, a core democratic principle; it is what self-governance – and hence liberal democracies – are built upon. Dworkin and many other free speech scholars based in the United States see hate speech legislation as a threat to expressing oneself freely and critically. I argue that Dworkin and other US-based free speech scholars tend to overlook actual hate speech legislation in countries where such laws have been implemented and have functioned for decades. Furthermore, I argue that the real threat against political speech lies not in hate speech legislation but rather outside of the law, namely, in private institutions such as universities and museums. Restrictions on political speech in various societal circumstances have been on the rise over the last decades – first and foremost in the US. I analyse why these restrictions on political speech are more widespread in the only Western country without laws against hate speech than they are in countries with implemented hate speech laws._ _Keywords_: political speech, hate speech, hate speech legislation, private institu-tions, universities, USA. (shrink)

The aim of this paper is to link empirical findings concerning environmental inequalities with different normative yard-sticks for assessing whether these inequalities should be deemed unjust, or not. We argue that such an inquiry must necessarily take into account some caveats regarding both empirical research and normative theory. We suggest that empirical results must be contextualised by establishing geographies of risk. As a normative yard-stick we propose a moderately demanding social-egalitarian account of justice and democratic citizenship, which we take (...) to be best suited to identify unjust as well as legitimate instances of socio-environmental inequality. (shrink)

Although there is no more iconic, stalwart, and eloquent defender of liberty and representative democracy than J.S. Mill, he sometimes endorses non-democratic forms of governance. This article explains the reasons behind this seeming aberration and shows that Mill actually has complex and nuanced views of the transition from non-democratic to democratic government, including the comprehensive and parallel material, cultural, institutional, and character reforms that must occur, and the mechanism by which they will be enacted. Namely, an enlightened (...) despot must cultivate democratic virtues such as obedience, industriousness, spirit of nationality, and resistance to tyranny in the population and simultaneously prepare the way for his own demise and secure his own legitimacy by transitioning to the rule of law. This challenges recent scholarship that paints Mill’s non-democratic views as crudely and uncritically imperialist, because it fails to recognize and engage seriously with his sophisticated (if ultimately problematic) theory of individual and institutional development under enlightened colonialism. (shrink)

Governments are often so focused on short-term gains that they ignore the long term, thus creating extra unnecessary burdens on their citizens, and violating their responsibilities to future generations. What can be done about this? In this paper I propose a package of reforms to the ways in which policies are made by legislatures, and in which those policies are scrutinised, implemented and evaluated. The overarching aim is to enhance the accountability of the decision-making process in ways that take into (...) account the interests of persons in the future. (shrink)

The concept of imperium is central to Spinoza's political philosophy. Imperium denotes authority to rule, or sovereignty. By extension, it also denotes the political order structured by that sovereignty, or in other words, the state. Spinoza argues that reason recommends that we live in a state, and indeed, humans are hardly ever outside a state. But what is the source and scope of the sovereignty under which we live? In some sense, it is linked to popular power, but how precisely, (...) and how is this popular grounding to be reconciled with the absolutist elements in Spinoza's texts? Against prominent liberal and radical democratic interpretations, I argue that Spinoza's insistence on linking imperium to the power of the people amounts to a normative attitude towards politics in which the formal features of a political system are less significant than the concrete everyday functioning of that system. Furthermore, I argue that its good functioning is importantly a product of an institutional order which does not simply defer to human individuality or to the primordial multitude, but instead, actively shapes them. While it may be worthwhile railing against monarchy and aristocracy and demanding liberal or radical democracy, the prior and more important challenge is to increase the robustness and resilience of the multitude within whatever form of state presents itself, through boring, meticulous, and incremental institutional design. For Spinoza, it is a robust and resilient political order that truly merits being called absolute. (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.

Wie können Freiheit und Widerstand innerhalb von Foucaults Theorie der Macht und Subjektivierung konzipiert werden? Diese zentrale Frage der Interpretation von Foucaults vielschichtigem Werk wurde breit diskutiert und dennoch nicht befriedigend beantwortet. Dass bis heute kaum Klarheit über den Status von Freiheit in Foucaults Werk erreicht werden konnte, liegt auch daran, dass die gängigen Interpretationen die verschiedenen Freiheitsbegriffe, die in Foucaults Werk zu finden sind, vermischen. Der Artikel bringt deshalb Ordnung in diese unübersichtliche Lage, indem er die verschiedenen Freiheitsbegriffe und (...) Freiheitsprobleme in Foucaults Werk differenziert. Dies ermöglicht ein besseres Verständnis von Foucaults Freiheitsdenken und Machttheorie und führt zu einem neuen Freiheitsbegriff: Freiheit als die Fähigkeit zur kritischen Reflexion der eigenen Subjektivierung. Weil diese "Freiheit als Kritik" nur durch politische Institutionen ermöglicht werden kann, produziert dieser Freiheitsbegriff neue Anschlüsse von Foucaults Denken an die normative politische Theorie und postfundamentalistische Demokratietheorie. How can freedom and resistance be conceived within Foucault's theory of power and subjectivation? This central question of the interpretation of Foucault's multi-layered work has been widely discussed and yet not satisfactorily answered. The fact that until today there has been little clarity about the status of freedom in Foucault's work is also due to the fact that the current interpretations confuse the various concepts of freedom which can be found in Foucault's work. The article therefore brings order to this confusing situation by differentiating the various concepts and problems of freedom in Foucault's work. This enables a better understanding of Foucault's thinking of freedom and his theory of power and leads to a new concept of freedom: freedom as the capability to critically reflect on one's own subjectivation. Because this "freedom as critique" can only be made possible by political institutions, this concept of freedom produces new connections from Foucault's thinking to normative political theory and post-fundamentalist democratic theory. (shrink)

The purpose of this paper is to consider whether it is permissible for a liberal democratic state to deny anti-liberal-democratic citizens and groups the right to run for parliament. My answer to this question is twofold. On the one hand, I will argue that it is, in principle, permissible for liberal democratic states to deny anti-liberal-democratic citizens and groups the right to run for parliament. On the other hand, I will argue that it is rarely wise (...) (or prudent) for ripe democracies to exclude anti-liberal-democrats from parliamentary elections. There are at least two reasons for this. The first is related to the inherent stability of just institutions. The second is that exclusion can lead to group polarization and enclave deliberation that can engender political extremism and impair processes of interpersonal and intrapersonal deliberation in liberal democracies. (shrink)

Negri celebrates a conception of democracy in which the concrete powers of individual humans are not alienated away, but rather are added together: this is a democracy of the multitude. But how can the multitude act without alienating anyone’s power? To answer this difficulty, Negri explicitly appeals to Spinoza. Nonetheless, in this paper, I argue that Spinoza’s philosophy does not support Negri’s project. I argue that the Spinozist multitude avoids internal hierarchy through the mediation of political institutions and not (...) in spite of them; nor do these institutions merely emanate from the multitude as it is, but rather they structure, restrain and channel its passions. In particular, the required institutions are not those of a simple direct democracy. There may be other non-Spinozist arguments on which Negri can ground his theory, but he cannot legitimately defend his conception of the democratic multitude by appeal to Spinoza. (shrink)

In this paper I draw apart two different contexts of Freirean pedagogical practice that I label interactional and institutional. The interactional refers to the immediate learning environment with relation to the interaction between the students and the teacher. In contrast, the institutional refers to how the institutions of education are managed, constructed, and organised and how they relate to the individuals those institutions are composed of. I begin by presenting a brief overview of Freire’s argument in favour of (...) a revolutionary pedagogy. I then highlight how this project is represented at both interactional and institutional levels with a particular focus upon the practice of the revolutionary leaders and their role in the development of the humanisation of the oppressed. In presenting the interactional and institutional elements of Freire’s pedagogy separately the tension between the individual and the state is made plain and the limitations of his politico-educational project are drawn out. I argue that due to an inconsistent application of the relationship between means and ends in Freire’s politico-educational project an incoherence between the interactional and institutional levels of education is highlighted. In responding to this limitation of Freire’s politico-educational project with a thoroughly interconnected relationship of means and ends I show that there remains a necessary conflict between the interests of the individual and the state. As a result of this a door is opened for the development of an argument in favour of the disestablishment of education and state from a Freirean perspective. (shrink)

The nature of state governance in consolidated liberal democracies has important implications for the ideal theory debate. The states of these societies are polycentric. Decision-making power within them is disaggregated across multiple sites. This rules out one major justification for ideal theory. On this influential view, the ideal furnishes a blueprint of the morally perfect society that we should strive to realise. This justification is not viable in consolidated liberal democracies because their states lack an Archimedean point from which the (...) institutional structure as a whole can be designed to accord with the true ideal – whichever it might be. However, knowledge of the ideal can still aid agents in those societies to determine the worth of more modest political objectives other than the ideal itself. (shrink)

In this essay I recount how I have been hoping to see more ubuntu in South Africa’s institutions than had been present in the two dominant socio-politico-economic models across the world in the 20th century. I haven’t been expecting utopia from the past 20 years of democracy; I’ve just wanted something new to come out of Africa. I here relate my experience of learning that it is not always forthcoming, at least not as quickly as I would have liked. (...) However, I conclude by indicating that the promise remains, suggesting several concrete and attractive ways that South Africa could apply traditional values of ubuntu to a contemporary setting. (shrink)

The pace of technological change continues to outstrip the evolution of democratic institutions, creating an urgent need for innovative approaches to democratic reform. However, the experimentation bottleneck - characterized by slow speed, high costs, limited scalability, and ethical risks - has long hindered progress in democracy research. This paper proposes a novel solution: employing generative artificial intelligence (GenAI) to create synthetic data through the simulation of digital homunculi, GenAI-powered entities designed to mimic human behavior in social contexts. (...) By enabling rapid, low-risk experimentation with alternative institutional designs, this approach could significantly accelerate democratic innovation. I examine the potential of GenAI-assisted research to mitigate current limitations in democratic experimentation, including the ability to simulate large-scale societal interactions and test complex institutional mechanisms. While acknowledging potential risks such as algorithmic bias, reproducibility challenges, and AI alignment issues, I argue that the benefits of synthetic data are likely to outweigh their drawbacks if implemented with proper caution. To address existing challenges, I propose a range of technical, methodological, and institutional adaptations. The paper concludes with a call for interdisciplinary collaboration in the development and implementation of GenAI-assisted methods in democracy research, highlighting their potential to bridge the gap between democratic theory and practice in an era of rapid technological change. (shrink)

Liberal thought (in the sense of classical liberalism) is based on the juxtaposition of consent to coercion. Autocracy and slavery were seen as based on coercion whereas today's political democracy and economic 'employment system' are based on consent to voluntary contracts. This paper retrieves an almost forgotten dark side of contractarian thought that based autocracy and slavery on explicit or implicit voluntary contracts. To answer these 'best case' arguments for slavery and autocracy, the democratic and abolitionist movements forged arguments (...) not simply in favour of consent, but arguments that voluntary contracts to legally alienate aspects of personhood were invalid 'even with consent' – which made the underlying rights inherently inalienable. Once understood, those arguments have the perhaps 'unintended consequence' of making the neo-abolitionist case for ruling out today's self-rental contract, the employer-employee contract. The paper has to also retrieve these inalienable rights arguments since they have been largely lost on the Left, not to mention in liberal thought. (shrink)

Proponents of epistocracy worry that high levels of voter ignorance can harm democracies. To combat such ignorance, they recommend allocating comparatively more political power to more politically knowledgeable citizens. In response, some recent critics of epistocracy contend that epistocratic institutions risk causing even more harm, since much evidence from political psychology indicates that more politically knowledgeable citizens are typically more biased, less open-minded, and more prone to motivated reasoning about political matters than their less knowledgeable counterparts. If so, perhaps (...) epistocratic institutions will perform worse epistemically than corresponding democratic institutions. Call this 'the problem of epistocratic irrationality'. This paper argues that the problem of epistocratic irrationality can be overcome. First, I argue that critics of epistocracy have overlooked several complications regarding the psychological data they claim shows that more knowledgeable citizens are less politically rational. Second, I argue that appropriately designed epistocratic institutions could overcome the problem of epistocratic irrationality even if such critics have interpreted the data correctly. I first explore whether refined selection mechanisms could allow epistocrats to avoid empowering less rational citizens, before assessing the prospects of implementing only those epistocratic institutions with a solid track record of reliable performance. (shrink)

Recently the role of ideology and hegemony has received increased attention to explain varying dynamics of diffusion and autocratic cooperation. As a result, patterns of interaction in clusters from regions without hegemony or ideology have been overlooked because their autocracy-toautocracy transitions are no threat to the global status of democracy, even when active regime promotion is very common. This article will apply insights from economic cluster theory to political regimes and introduce a typology to differentiate among clusters. Regime Cluster Theory (...) is the first framework that presents three ideal-types of ideological, hegemonic and biotopical regime clusters. With a new concept of ‘biotopical clusters’ the paper explains the dynamics of clusters in often omitted regions, like in Sub Saharan Africa, Latin America during the Cold War, or Central Asia during the 1990s. RCT offers a dynamic approach to recognize and assess patterns of forcible regime promotion per cluster as well as distinguish between their different diffusion patterns (coercive, voluntary, bounded learning, contagion) in four arenas: institutions, ideas, policy and administrative practices. RCT advances the comparative study of regime promotion and diffusion in various regions of the world and hopes to shed new light on related theories of alliance formation, regional institutionalization, and (conflict) spill-over effects. (shrink)

In this article, I approach some phenomena seen predominantly on social-media sites that are grouped together as cancel culture with guidance from two major themes in Plato’s thought. In the first section, I argue that shame can play a constructive and valuable role in a person’s improvement, just as we see Socrates throughout Plato’s dialogues use shame to help his interlocutors improve. This insight can help us understand the value of shaming people online for, among other things, their morally reprehensible (...) views. In the second section, I argue that it is required for the proper functioning of democratic institutions that some views be excluded from the public sphere, which follows some Platonic ideas from the Laws. In neither case do I argue that this approach is good in an unqualified sense or even ultima facie good. However, I maintain that these important insights from Plato’s dialogues illuminate crucial aspects of how we should think about cancel culture. (shrink)

In this chapter, we turn our attention to the effects of the attention economy on our ability to act autonomously as a group. We begin by clarifying which sorts of groups we are concerned with, which are structured groups (groups sufficiently organized that it makes sense to attribute agency to the group itself). Drawing on recent work by Purves and Davis (2022), we describe the essential roles of trust (i.e., depending on groups to fulfill their commitments) and trustworthiness (i.e., the (...) property of a group that makes trusting them fitting) in autonomous group action, with particular emphasis on democratic institutions (which we view as group agents) and democratic legitimacy (which depends on trust and trustworthiness). We then explain how engagement maximization promotes polarization, which is detrimental to trust and trustworthiness and, in turn, democratic legitimacy and democratic institutions. We close by considering what groups might do to protect themselves from the threat posed to them by the attention economy. (shrink)

Plato is often acknowledged as the first philosophical critic of democracy and his Republic is regularly taken as a paradigm of an anti-democratic work. While it is true that Plato objected to much about the democracy of his own time, Plato’s political theorizing also reveals an interest in improving democratic institutions. This chapter explores three themes in Plato’s thinking about democracy: firstly, Plato's insistence that rulers should be knowledgeable and his claim that most people are politically incompetent (...) (§1); secondly, Plato's criticisms of oratory and the corrupting effects of public rhetoric (§2); thirdly, Plato's use of democratic institutions in the Laws (§3). Once we appreciate these different evaluations of democratic practices, we can see that Plato was not simply ‘anti-democratic’ or ‘pro-democratic’ but thought some democratic practices should be abandoned, some reformed, and some adopted. (shrink)

Abstact : This article provides a critical examination of David Estlund’s epistemic proceduralism. Epistemic proceduralism suggests a promising way to justify democracy without renouncing the pursuit of truth. By making the legitimacy and authority of democratic institutions dependent on their general tendency to produce good decisions, rather than on the correctness of their results or on their mere procedural fairness, it shows that they can to be connected to substantial standards, such as justice, without ignoring the persistence of (...) moral disagreements. By subjecting political procedures to a dual requirement, both epistemic and egalitarian, it suggests that a mixed conception of the value of democracy can be articulated. But by refusing to take sides on the nature of truth, on the choice of the relevant substantial standard, or on the moral theory defining the constraints that equal respect imposes on the choice of political procedures, epistemic proceduralism fails in my view to offer a convincing defence of democracy. In order to explain what makes democracy valuable, a philosophical conception must take a position on the nature of truth, justice and equality. -/- Résumé : Cet article propose une relecture critique du procéduralisme épistémique élaboré par David Estlund. Cette théorie suggère une voie prometteuse pour justifier démocratie sans renoncer à la poursuite de de la vérité. En proposant de faire dépendre la légitimité et l’autorité des procédures démocratiques de leur tendance générale à produire de bonnes décisions, plutôt que de la justesse constante de leurs résultats ou à l’inverse de leur seule équité procédurale, il montre qu’elles peuvent être reliées à une visée substantielle, telle la justice, sans ignorer pour autant la persistance des désaccords à son endroit. En soumettant ces procédures à une double exigence, à la fois épistémique et égalitaire, il montre qu’une conception mixte de la valeur de la démocratie est concevable. Mais en refusant de prendre parti sur la nature de la vérité, sur le choix du critère objectif devant guider l’évaluation des décisions politiques ou sur la théorie morale permettant d’expliciter les contraintes que l’égal égard dû aux personnes impose au choix des procédures, le procéduralisme épistémique s’interdit de construire une justification convaincante de la démocratie. Une justification philosophique de la démocratie doit, pour rendre compte de ce qui fait sa valeur, prendre position sur la nature de la vérité, de la justice et de l’égalité. (shrink)

Despite the vast literature on Rawls's work, few have discussed his arguments for the value of democracy. When his arguments have been discussed, they have received staunch criticism. Some critics have charged that Rawls's arguments are not deeply democratic. Others have gone further, claiming that Rawls's arguments denigrate democracy. These criticisms are unsurprising, since Rawls's arguments, as arguments that the principle of equal basic liberty needs to include democratic liberties, are incomplete. In contrast to his trenchant remarks about (...) core civil liberties, Rawls does not say much about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. -/- In this paper, I complete some of Rawls's arguments and show that he has grounds for including political liberties, particularly those of a democratic nature, in the principle of equal basic liberty. In doing so, I make some beginning steps toward illustrating the genuinely democratic nature of Rawls's arguments. Rawls believes that a few different arguments can be given for democratic institutions and that these arguments work together to support the value of democracy. In this paper, I focus on Rawls's arguments relating to self-respect. I focus on this set of arguments because they are among the strongest of Rawls's arguments for equal political liberty and its fair value. (shrink)

Issues of sociopolitical systems’ stability and risks of their destabi-lization in process of political transformations belong to the most important ones as regards the social development perspectives, as has been shown again by the recent events in Ukraine. In this re-spect it appears necessary to note that the transition to democracy may pose a serious threat to the stability of respective sociopolitical systems. This article studies the issue of democratization of countries within globalization context, it points to the unreasonably high (...) economic and social costs of a rapid transition to democracy as a result of revolutions or of similar large-scale events for the countries unprepared for it. The authors believe that in a number of cases the authoritarian regimes turn out to be more effective in economic and social terms in comparison with emerging democracies especially of the revolutionary type, which are often incapable to insure social order and may have a swing to authoritarianism. Effective authoritarian regimes can also be a suitable form of a transition to efficient and stable democracy. The article investigates various correlations between revolutionary events and possibilities of establishing democracy in a society on the basis of the historical and contemporary examples as well as the recent events in Egypt. The authors demonstrate that one should take into account a country’s degree of sociopolitical and cultural preparedness for democratic institutions. In case of favorable background, revolutions can proceed smoothly (“velvet revolutions”) with efficient outcomes. On the contrary, democracy is established with much difficulty, throwbacks, return to totalitarianism, and with outbreaks of violence and military takeovers in the countries with high illiteracy rate and rural population share, with low female status, with widespread religious fundamental ideology, where a substantial part of the population hardly ever hears of democracy while the liberal intellectuals idealize this form, where the opposing parties are not willing to respect the rules of democratic game when defeated at elections. (shrink)

In a recent paper, María Pía Méndez (2022) offers an epistemic critique of epistocracy according to which the sort of politically well-informed but homogenous groups of citizens that would be empowered under epistocracy would lack reliable access to information about the preferences of less informed citizens. Specifically, they would lack access to such citizens’ preferences regarding the form that policies ought to take—that is, how these policies ought to be implemented. Arguing that this so-called Information Gap Problem militates against epistocracy, (...) Méndez instead recommends that we respond to problems created by widespread voter ignorance by improving the flow of information between political actors by adopting some participatory democratic institutions. In this paper I argue that the severity of the Information Gap Problem for epistocracy is overstated. After first sketching some background (Section 1), I argue that it is hard to see why information about citizens’ preferences for the form that policies ought to take is important enough that the expected costs of epistocracy outweigh its expected benefits if it selectively empowers people who lack access to such information (Section 2). Moreover, different forms of epistocracy are less threatened by the Information Gap Problem, assuming it is indeed a problem. For some forms of epistocracy, it may be no problem whatsoever. However, I conclude by suggesting that Méndez touches upon some more serious problems for epistocracy (Section 3). First, even setting aside the Information Gap Problem, there are open questions about the possible epistemic inferiority of epistocracy relative to democracy. Second, more comprehensive accounts of political competence that move beyond the possession of sufficient levels of political information are much harder to reliably test for, thus complicating the task of devising effective epistocratic selection mechanisms. Lastly, epistocracy arguably creates a serious risk of abuse that may outweigh any other benefits it brings. More research is needed to determine how (and whether) epistocrats can respond to such challenges. (shrink)

David Miller argues that national identity is indispensable for the successful functioning of a liberal democracy. National identity makes important contributions to liberal democratic institutions, including creating incentives for the fulfilment of civic duties, facilitating deliberative democracy, and consolidating representative democracy. Thus, a shared identity is indispensable for liberal democracy and grounds a good claim for self-determination. Because Miller’s arguments appeal to the instrumental values of a national culture, I call his argument ‘instrumental value’ arguments. In this paper, (...) I examine the instrumental value arguments and show that they fail to justify a group’s right to self-determination. (shrink)

This article offers a normative analysis of some of the most controversial incidents involving police—what I call police-generated killings. In these cases, bad police tactics create a situation where deadly force becomes necessary, becomes perceived as necessary, or occurs unintentionally. Police deserve blame for such killings because they choose tactics that unnecessarily raise the risk of deadly force, thus violating their obligation to prioritize the protection of life. Since current law in the United States fails to ban many bad tactics, (...) police- generated killings often are treated as “lawful but awful.” To address these killings, some call on changes to departmental policies or voluntary reparations by local governments, yet such measures leave in place a troubling gap between ethics and law. I argue that police-generated killings merit legal sanctions by appealing to a relevant analogy: self-generated self-defense, where the person who engages in self-defense started the trouble. The persistent lack of accountability for police-generated killings threatens life, police legitimacy, and trust in democratic institutions. The article closes by identifying tools in law and policy to address this challenge. (shrink)

In democracies citizens are supposed to have some control over the general direction of policy. According to a pretheoretical interpretation of this idea, the people have control if elections and other democratic institutions compel officials to do what the people want, or what the majority want. This interpretation of popular control fits uncomfortably with insights from social choice theory; some commentators—Riker, most famously—have argued that these insights should make us abandon the idea of popular rule as traditionally understood. (...) This article presents a formal theory of popular control that responds to the challenge from social choice theory. It makes precise a sense in which majorities may be said to have control even if the majority preference relation has an empty core. And it presents a simple game-theoretic model to illustrate how majorities can exercise control in this specified sense, even when incumbents are engaged in purely re-distributive policymaking and the majority rule core is empty. (shrink)