Representative Democracy

Este artículo brinda algunas respuestas y alternativas a ciertos problemas y propuestas en el área de la teoría democrática. El ensayo tiene como enfoque la cuestión de distinguir sistemas que pueden parecer democráticos sin serlo de sistemas realmente democráticos. Develando algunos actores disfrazados del discurso democrático en América Latina, el artículo argumenta que es preferible la regla de la mayoría como base para la identificación del bien común por medio del interés general, que reglas de minorías, consentimiento total o bases (...) constitucionales opuestas al gobierno de la mayoría. Esto se hace sin desestimar a las minorías ni las constituciones, ni lo ideal de la unanimidad. Simplemente las ubica. La investigación incluye una nueva respuesta al problema de la supuesta irracionalidad de la democracia identificada originalmente por Platón y después formalizada por Arrow. (shrink)

Few recent developments in information technology have been as hyped as blockchain, the first implementation of which was the cryptocurrency Bitcoin. Such hype furnishes ample reason to be skeptical about the promise of blockchain implementations, but I contend that there’s something to the hype. In particular, I think that certain blockchain implementations, in the right material, social, and political conditions, constitute excellent bases for common knowledge. As a case study, I focus on trust in election outcomes, where the ledger records (...) not financial transactions but vote tallies. I argue that blockchain implementations could foster warranted trust in vote tallies and thereby trust in the democratic process. Finally, I argue that if the promise of blockchain implementations as democratic infrastructure is to be realized, then democracies first need to ensure that these material, social, and political conditions obtain. (shrink)

Ever since its inception, democracy has been subjected to the objection that ordinary citizens are not fit to rule. I discuss and criticize the most influential contemporary version of this argument, due to Jason Brennan, according to which democracy is illegitimate because voters are incompetent. I accept two core premises of Brennan’s argument – that legitimacy requires competence, and that voters are incompetent (in the sense of competence Brennan accepts) – but reject the conclusion that representative democracy is illegitimate. I (...) show that the argument can be interpreted as making two different claims: (1) That the democratic policymaking process as a whole is incompetent, and democratic policies therefore illegitimate; (2) that only democratic elections are incompetent, which either (a) makes democratic policies illegitimate or (b) makes elections themselves illegitimate. Each of these claims is false: (1) is false because voter incompetence does not taint the policymaking process sufficiently; (2a) is false because incompetent elections do not imply that policies made post-election are illegitimate; and (2b) is false because electoral decisions are not the kinds of things that can be illegitimate in the appropriate way. Finally, I address three potential criticisms of my defense of democracy: (i) that I set the bar for voters’ performance too low, (ii) that the representative democracy I defend is not really democratic, and (iii) that Brennan’s argument is an argument for replacing democracy with epistocracy, rather than for the illegitimacy of representative democracy. (shrink)

Is voting a duty of democratic citizenship? This article advances a new argument for the existence of a duty to vote. It argues that every normative account of electoral representation requires universal turnout to function in line with its own internal normative logic. This generates a special obligation for citizens to vote in electoral representative contexts as a function of the role morality of democratic citizenship. Because voting uniquely authorizes office holding in representative democracies, and because universal turnout contributes powerfully (...) to representation being fair, to be a good citizen of such democracies requires one to vote. Whereas previous arguments for a duty to vote have invoked basic moral principles like fairness or a Samaritan duty of rescue, this account is based on citizens occupying a vital functional role within electoral representative institutions. This institutional duty solves the “specificity problem” of justifying a duty to vote better than competing accounts and also immunizes the duty to objections that there is no duty to vote when there are only bad choices and that there is a no duty to vote but rather duty to vote well. By emphasizing the tight connection between institutions and individual conduct, the role morality approach used here supplies a less abstract and more realistic framework than much previous research on the ethics of democratic citizenship and brings the debate closer to constitutive features of democratic politics. (shrink)

In the eyes of its citizens, liberal democracy is connected to at least three promises—the promises of autonomy, equality and rationality. To what extent citizens can view these promises as being fulfilled will affect political trust and support for democracy. The rise of populism and trends towards technocratic government have rightly been interpreted as arising from a gap between normative aspirations and institutional and practical realities. Does this mean that we should adjust our ideals to reality, or that we should (...) strive to bring realities closer to the ideal? Self-proclaimed ‘realists’ argue that democratic ideals are unattainable and that we should therefore settle for a second-best alternative, such as a competitive oligarchy. Against this position, we point out that deliberative democracy offers an attractive ideal for successful representation that can inform democratic innovation. However, deliberative democracy also remains institutionally underdetermined and needs to develop better criteria that enable us to determine if, how and under what conditions the attempt to fulfil democracy’s promises succeeds in practice. In this paper, we suggest a criterion of deliberative responsiveness as a measure for representative democracy’s success in fulfilling promises of autonomy, equality and rationality. We go on to show in what respects these promises tend to be broken in contemporary representative democracies and discuss strategies for institutional reform that have potential to counteract these problems. (shrink)

La théorie démocratique contemporaine entretient une relation ambivalente avec les élections. Alors que les points de vue agrégatifs et minimalistes les considèrent comme une institution centrale de la démocratie représentative , les conceptions plus riches de la démocratie n’ont pas nécessairement de penchant pour elles. Les théories délibératives ont tendance à négliger les élections pour se concentrer sur la délibération publique, c’est-à-dire sur le processus continu de formation de l’opinion et d’échange de raisons qui se produit entre les élections . (...) Les théories participatives ont également tendance à les écarter en faveur d’une vision moins agonistique et plus coopérative de l’action politique . Par conséquent, peu d’attention normative a été accordée dans la littérature récente à ce moment très distinctif de la vie démocratique, à quelques notables exceptions près . Une conséquence naturelle est que la plupart des théoriciens font appel à des expériences délibératives telles que les jurys de citoyens et les mini-publics comme réponse efficace aux préoccupations démocratiques actuelles . Le tirage au sort peut ainsi être présenté comme une alternative préférable à l’élection, car il garantit une représentation descriptive, évite la capture de l’État par des élites puissantes et promet des résultats substantiellement meilleurs. Alors que de nombreux théoriciens s’intéressent aux moyens de compléter les institutions électorales par des organes délibératifs non électoraux , certains chercheurs se débarrasseraient volontiers des élections . Le moment est-il venu de les abandonner ? Cet article se concentre sur une affirmation spécifique que beaucoup de partisans du tirage au sort ont avancée, à savoir que celui-ci serait plus égalitaire que les élections, et vise à la rejeter. D’autres chercheurs ont déjà critiqué le tirage au sort pour diverses raisons. Landa et Pevnick , ainsi qu’Umbers objectent qu’il ne permet pas d’obtenir les améliorations instrumentales du gouvernement promises par ses promoteurs ; Ceva et Ottonelli , ainsi que Lafont nient que les critiques lotocratiques des élections reflètent une compréhension adéquate de l’autorité démocratique en tant que forme d’autonomie collective ; et Umbers soutient également que la lotocratie est en contradiction avec les principes de justice distributive et d’égalité sociale . En complément à ces critiques récentes, nous soutenons que la vision de l’égalité politique qui sous-tend le tirage au sort est problématique et peu convaincante. (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)

Weighted voting involves weighting representatives’ votes by the populations that they represent. Such systems have been adopted in some legislative bodies as a remedy for malapportionment, and are sometimes used to elect candidates for the executive branch of government. But they receive little attention. This note observes the neglected vices of weighted voting systems: they violate intuitive conditions of monotonicity and participation. These vices count significantly against the use of weighted voting, and reflecting on why they arise improves our understanding (...) of axioms in social choice theory. (shrink)

This book is about the ways in which real-world democracies fall short of democratic ideals and why those shortfalls matter. The project is rooted in a vast body of empirical findings that political scientists have accumulated over the last seven decades. These are findings about political ignorance, voter behaviour, the policymaking process, polarization, and the popular control of representatives. These findings are often both surprising and troubling—they suggest our democracies fall far short of democratic ideals. The book is a detailed, (...) careful exploration of why such findings matter. In part, that involves giving an account of what makes democracy valuable in the first place: why does democracy matter? And in part it involves connecting the value of democracy to the rights and duties of ordinary citizens. The overarching argument is that our duties to obey the law, and the moral permissibility of enforcing those laws, depend on the realization of democratic ideals. So the shortfalls of our democracies undermine the moral authority and legitimacy of our states. (shrink)

Ian Shapiro proposes a representative government that bases its understanding of truth on mature enlightenment philosophy. He examines various enlightenment and anti-enlightenment theories to substantiate his arguments in favour of verifiability as the criterion for defining truth. Contending such a concept of truth he specifies that it is possible only within a representative democracy as it can systematically undermine socially built readymade systems. To examine Shapiro’s fallibilist approach to truth, this paper critically analyses his concept of truth-telling for legitimizing a (...) government and contrasts it with Plato’s explanation of truth-telling. It argues that Shapiro’s procedural mechanisms that override social background presuppose uniform rationality backed by power systems. (shrink)

Majority rule is often regarded as an important democratic principle. But modern democracies divide voters into districts. So if the majority should rule, which majority should rule? Should it be the popular majority, or an electoral majority (i.e., either the majority of voters in the majority of districts, or the majority of voters in districts that contain the majority of the population)? I argue that majority rule requires rule by the popular majority. This view is not novel and may seem (...) obvious. But it is rarely defended, and often rejected. I defend it by arguing that this view about which majority should rule is best supported by the arguments for why the majority should rule, and best avoids the arbitrary and perverse verdicts of rule by electoral majorities. I close by considering the significant practical implications of the view. The Electoral College is often criticized on the basis that the winner of the popular vote doesn’t always win the election. But all district-based democracies have this feature, so all district-based democracies must be reformed if they are to satisfy the principle of majority rule. (shrink)

This article discusses the growth of the populist radical right as a concrete example of the scenario where liberal democratic ideas are losing support in broadly liberal democratic societies. Our goal is to enrich John Rawls’ influential theory of political liberalism. We argue that even in that underexplored scenario, Rawlsian political liberalism can offer an appealing account of how to promote the legitimacy and stability of liberal democratic institutions provided it places partisanship centre stage. Specifically, we propose a brand-new moral (...) duty binding ‘reasonable’ partisans committed to pluralism. This duty establishes conditions where partisans must strategically transform society’s public reason (i.e. transform the visions for society their parties campaign on) in ways that promise to attract back support from illiberal and antidemocratic competitors. While this strategic behaviour might seem impermissible, we show that Rawls’ distinctive account of sincerity in democratic deliberation is uniquely placed to justify it as perfectly ethical. (shrink)

Mauro Dorato charts pressing debates within the philosophy of science that centre around scientific expertise, access to knowledge, consensus, debate, and decision-making. This English-language translation of Disinformazione Scientifica e Democrazia argues that the advancement of science depends on an exponential process of specialization, accompanied by the creation of technical languages that are less and less accessible to the general public. Dorato reveals how such a process must align with representative forms of democracies, in which knowledge and decision-making ought to aim (...) at the society's general interest. Given the importance of the principle of competence, however, the role of experts as mediators of knowledge threatens the citizens' autonomy of choice. Consequently, the risk of technocratic regimes calls for new ways to increase literacy about science and its philosophical and probabilistic foundations. Stressing the conceptual conflict between pluralism and conformism, Science and Representative Democracyreveals the obstacles to the functioning of both science and democracy. (shrink)

(OPEN ACCESS) This paper establishes moral duties for intermediaries of political advertising in election campaigns. First, I argue for a collective duty to maintain the democratic quality of elections which entails a duty to contain some forms of political polarization. Second, I show that the focus of campaign ethics on candidates, parties and voters—ignoring the mediators of campaigns—yields mistaken conclusions about how the burdens of the latter collective duty should be distributed. Third, I show why it is fair to require (...) intermediaries to contribute to fulfilling this duty: they have an ultimate filtering position in the campaign communication process and typically benefit from political advertising and polarization. Finally, I argue that a transparency-based ethics of campaign advertising cannot properly accommodate a concern with objectionable polarization. By contrast, I outline the polarization-containing implications of my account, including a prohibition on online targeted advertising, and intermediaries’ duties to block hateful political advertising. (shrink)

In this article, I introduce and examine the novel concept of bench representation. Jurists and scholars have extensively examined whether judges are or ought to be considered symbolic representatives of abstract concepts (for instance, the law, equality, or justice), representatives of society as a whole, or descriptive representatives of the social groups from which they hail. However, little attention has been paid to the question whether judges act as representatives for the parties before them through their everyday work on the (...) bench. This article examines that question. Bench representation occurs when a judge, through statements or actions undertaken during the performance of official duties, speaks or acts for a party to the proceeding before them. I argue that serving as a bench representative is a common and valuable feature of what it is to be a judge and, despite appearances, usually undermines neither impartiality nor fairness. (shrink)

Jean-Jacques Rousseau is one of the most controversial philosophers and political theorists of the Enlightenment. He has often been accused of laying the ideological foundation for many repressive and radical movements and regimes, from the reign of terror of the French Revolution to the right-wing and left-wing totalitarian regimes of the twentieth century. Especially his idea of the general will has been criticised by scholars as an abstract Platonism that establishes the dictatorship of the state and rejects basic human rights. (...) Some authors even believe that all of Rousseau’s authoritarian passages are merely a paraphrase of arguments found in French absolutist thought. Nevertheless, Rousseau’s novelty lay in his denial of identifying authority with only one person. Instead, sovereignty was based on the will of all those people who made up the political body. Accordingly, the theory of absolute monarchy was transformed into an alternative democratic version of absolute popular sovereignty. Rousseau is also considered one of the classics of the contractual tradition. He argued that mankind without a govern- ment would live in what he called a “state of nature” where there would be no law and order. Thus, the main purpose of this paper is to compare Rousseau’s ideas about the principles of political authority in two of his works: “The Social Contract” and “Considerations on the Government of Poland”. In the first part of the paper we will briefly review the main concepts developed in The Social Contract, such as the general will, the social contract, sovereignty and direct democracy. In the second part, we will focus on the main ideas put forward in Considerations on the Government of Poland. Then, at the end, we will try to identify the reasons for the conceptual changes in some of Rousseau’s views. (shrink)

Political parties have been the subject of a recent resurgent interest among political philosophers, with prominent contributions spanning liberal to socialist literatures arguing for a more positive appraisal of the role of parties in the operation of democratic representation and public deliberation. In this article, I argue for a similar re-evaluation of the role of political parties within contemporary republicanism. Contemporary republicanism displays a wariness of political parties. In Philip Pettit’s paradigmatic account of republican democracy, rare mentions of political parties (...) often stress their tendency to lead to factionalism or corruption. Others working in the republican tradition such as Richard Bellamy and Ian Shapiro provide more extended discussion of the role of parties, but limit their theoretical function to enabling electoral competition. I argue that political parties play a far more significant role in promoting non-domination than this. In addition to enabling electoral competition, I show that political parties are also essential to the effective operation of two other components of republican democracy: contestation and interest-formation. I further argue that understanding political parties in these terms is compatible with republican democracy more generally, addressing the worry that parties will produce factional rather than common-good oriented public decisions. (shrink)

The Catholic Church never officially endorses political candidates but rather respects the freedom of its faithful to vote according to the dictates of their conscience. However, in the last presidential elections, some Catholic bishops and priests in the Philippines publicly and openly supported the presidential candidacy of Vice President Leni Robredo while urging the rest of the faithful to do the same. These bishops and priests anchored their position on their shared belief that voting for Robredo was the only rightful (...) and moral option because of her clean track record, non-involvement in any act of corruption, and principled approach in governance. In contrast, her political archnemesis Ferdinand “Bongbong” Marcos, Jr. had long been embroiled in several allegations of corruption, non-payment of taxes, and fakery of educational attainments. Hence, for these bishops and priests, voting for Marcos Jr. was both wrong and immoral. And yet, the election results hit them with a big “slap in the face,” as more than 31 million Filipinos (majority of whom are Catholics) cast their votes for Marcos Jr., while only 15 million voted for Robredo. This outcome, no doubt, raises the question: Why did the repeated calls of these bishops and priests go unheeded? In this paper, I will attempt to answer this question by subjecting the political moralism of these Catholic leaders to some objective postmodern evaluation. To do this, I will employ the postmodern thoughts of Nietzsche, Lyotard, and Rorty as a lens to examine why many Filipino Catholics today no longer buy the political moralism of their religious leaders. (shrink)

Citizen assemblies hold out the promise of reviving democracy. However, the ways that they are currently conceptualised and organised limits their egalitarian appeal.

While some descriptive and normative theories of legislation account for an extensive role of legal interpretation in legislation, others see its legislative role as marginal. Yet in contemporary constitutional democracies, where legislation is limited and guided by constitutional norms, as well as international and supranational law, legal interpretation must play some role in legislation—even if all or most of legislative activity may not be adequately described and evaluated as legal interpretation. In this chapter, I aim to explore some implications of (...) recognizing the role of legal interpretation in legislation—notably, for the conceptualization and significance of legal expertise in the legislative process, as well as for determining the moral duties of legislative representatives. First, I argue that the role of legal interpretation in legislation calls for institutional reforms in legislatures in order to ensure that legal expertise is adequately channeled into the legislative process, including agenda-setting. Second, I argue that interpreting legal norms through legislation implies specific moral duties for legislative representatives, both in their relations to one another and in their relations vis-à-vis their constituents. I show that giving legal interpretation its due in a descriptive and normative account of legislative activity does not imply an elitist understanding of legislation, and it does not compromise our conception of legislatures as loci of political and moral disagreement and democratic representation. (shrink)

The two traditional justifications for bicameralism are that a second legislative chamber serves a legislative-review function (enhancing the quality of legislation) and a balancing function (checking concentrated power and protecting minorities). I furnish here a third justification for bicameralism, with one elected chamber and the second selected by lot, as an institutional compromise between contradictory imperatives facing representative democracy: elections are a mechanism of people’s political agency and of accountability, but run counter to political equality and impartiality, and are insufficient (...) for satisfactory responsiveness; sortition is a mechanism for equality and impartiality, and of enhancing responsiveness, but not of people’s political agency or of holding representatives accountable. Whereas the two traditional justifications initially grew out of anti-egalitarian premises (about the need for elite wisdom and to protect the elite few against the many), the justification advanced here is grounded in egalitarian premises about the need to protect state institutions from capture by the powerful few and to treat all subjects as political equals. Reflecting the “political” turn in political theory, I embed this general argument within the institutional context of Canadian parliamentary federalism, arguing that Canada’s Senate ought to be reconstituted as a randomly selected citizen assembly. (shrink)

The chapter develops a taxonomy of views about the epistemic responsibilities of citizens in a democracy. Prominent approaches to epistemic democracy, epistocracy, epistemic libertarianism, and pure proceduralism are examined through the lens of this taxonomy. The primary aim is to explore options for developing an account of the epistemic responsibilities of citizens in a democracy. The chapter also argues that a number of recent attacks on democracy may not adequately register the availability of a minimal approach to the epistemic responsibilities (...) of citizens in a democracy. (shrink)

When are inequalities in political power undemocratic, and why? While some writers condemn any inequalities in political power as a deviation from the ideal of democracy, this view is vulnerable to the simple objection that representative democracies concentrate political power in the hands of elected officials rather than distributing it equally among citizens, but they are no less democratic for it. Building on recent literature that interprets democracy as part of a broader vision of social equality, I argue that concentrations (...) of political power are incompatible with democracy, and with a commitment to social equality more generally, when they consist in some having greater arbitrary power to influence decisions according to their idiosyncratic preferences. A novel account of the relationship between power and social status clarifies the role of social equality in the justification of democracy, including a representative democracy in which public officials have more political power than ordinary citizens. (shrink)

In response to widespread voter ignorance, Jason Brennan argues for a voting ethics that can be summarized as one negative duty: do not vote badly. The implication that abstaining is always permissible entails no incentive for citizens to become competent voters or to vote once competent. Following the Condorcet Jury Theorem, this can lead to suboptimal outcomes, suggesting that voter turnout should concern instrumentalist epistemic accounts of democratic legitimacy. This could be addressed by adding two positive voting duties: to make (...) an effort to become a competent voter; and, once competent, to vote. (shrink)

Many contemporary democratic theorists are democratic egalitarians. They think that the distinctive value of democracy lies in equality. Yet this position faces a serious problem. All contemporary democracies are representative democracies. Such democracies are highly unequal: representatives have much more power than do ordinary citizens. So, it seems that democratic egalitarians must condemn representative democracies. In this paper, I present a solution to this problem. My solution invokes popular control. If representatives are under popular control, then their extra power is (...) not objectionable. Unfortunately, so I argue, in the United States representatives are under loose popular control. (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)

This paper critiques the All-Subjected Principle. The All-Subjected Principle is one of the most prominent answers to the Boundary Problem, which consists in determining who should be entitled to participate in which democratic decision. The All-Subjected Principle comes in many versions, but the general idea is that all people who are subjected in a relevant sense with regard to a democratic decision should be entitled to participate in that decision. One respect in which versions of the All-Subjected Principle differ concerns (...) how to best understand ‘subjectedness’. One view spells out ‘subjectedness’ in terms of legal bindingness. Another view understands ‘subjectedness’ in terms of coercion. I argue that the All-Subjected Principle is extensionally inadequate on both views in that it yields verdicts that are at odds with our considered judgements about certain cases. These cases involve legal norms of referral or international administrative assistance. (shrink)

The chapter explores the architecture of the concept of the separation of powers, by means of distinguishing several components which make up the conceptual but also institutional structure of separation of powers. We then identify particular deficiencies in both the theory and practice of separation of powers, furnishing our conceptual exploration with examples of populist assaults on the principle of separation of powers, as they happened mainly, although not exclusively, in the Central European context. The intended contribution is three-fold. First, (...) we show that it is necessary to divide the concept of separation of powers into smaller components that can be studied conceptually as well as empirically. We do so by unpacking the concept into four components (separation of institutions, separation of functions, personal incompatibility, and checks and balances) and exploring their limiting and enabling pedigrees. Second, we show that all of these four components embody limiting and enabling elements, but each of them does so to a different extent. This inevitably results in tensions. Consequently, third, each constitutional system, when designing framework of government, must make its own choices and adopt its own combination of enabling and limiting elements. (shrink)

This book is a new scholarly edition of Lincoln Steffensâ classic, â oemuck-rakingâ account of Gilded Age corruption in America. It provides the broader political background, theoretical and historical context needed to better understand the social and political roots of corruption in general terms: the social and moral nature of corruption and reform. Steffens enjoyed the support of a multitude of journalists with first-hand knowledge of their localities. He interviewed and came to know political bosses, crusading district attorneys and indicted (...) corruptionists spanning a cast of hundreds. He also benefited from the support of a large-scale, nationally prominent network of anti-corruption specialists and luminaries, including President Theodore Roosevelt. Steffens explored in detail the high Gilded Age corruption of New York City, Chicago, â oecorrupt and contentedâ Philadelphia, Pittsburgh, St. Louis and Minneapolis. His work culminated in a well-documented record of Gilded Age corruption in the cities; and, with the addition of the editorial annotations, Chronology and Introduction of this edition, the reader is placed in a position to gain an overview and considerable insight into the general, moral and social-political phenomenon of corruption. This book will be of interest for students and professionals in political philosophy, political science, American history and American studies. (shrink)

This essay develops a model of democratic representation from the standpoint of epistemic theories of democracy. Such theories justify democracy in terms of its tendency to yield decisions that “track the truth” by integrating asymmetrically dispersed knowledge. From an epistemic point of view, I suggest, democratic representatives are best modeled as epistemic intermediaries who facilitate the vertical integration of knowledge between policy experts and non-experts, and the horizontal integration of knowledge among diverse non-experts. The primary analytical payoff of this model (...) is that it provides a clear rationale for variation in the norms and institutionalization of representative behavior. Sometimes a delegate-like approach is the right one, and sometimes a trustee-like approach is better. The key determinant is the effect of these models on the epistemic quality of outcomes under different circumstances. Towards the end of the essay, I apply the model to the present revival of populism and consider its implications in that context. (shrink)

In this paper, I offer a solution to the Capacity/Equality Puzzle. The puzzle holds that an account of the franchise may adequately capture at most two of the following: (1) a political equality-based account of the franchise, (2) a capacity-based account of disenfranchising children, and (3) universal adult enfranchisement. To resolve the puzzle, I provide a complex liberal egalitarian justification of a moral requirement to disenfranchise children. I show that disenfranchising children is permitted by both the proper political liberal and (...) the proper political egalitarian understandings of the relationship between cognitive capacity and the franchise. Further, I argue, disenfranchising children is required by a minimalistic, procedural principle of collective competence in political decision-making. At the same time, I show that political equality requires the enfranchisement of all adults, regardless of cognitive capacities, and that the collective competence principle does not ground adult disenfranchisement. This justifies the progressive legal trend that holds the capacity-based disenfranchisement of adults to be incompatible with liberal democratic principles. (shrink)

A link between populism and social media is often suspected. This paper spells out a set of possible mechanisms underpinning this link: that social media changes the communication structure of the public sphere, making it harder for citizens to obtain evidence that refutes populist assumptions. By developing a model of the public sphere, four core functions of the public sphere are identified: exposing citizens to diverse information, promoting equality of deliberative opportunity, creating deliberative transparency, and producing common knowledge. A wellworking (...) public sphere allows citizens to learn that there are genuine disagreements among citizens that are held in good faith. Social media makes it harder to gain this insight, opening the door for populist ideology. (shrink)

The first thing we must keep in mind is that when saying that China says this or China does that, we are not speaking of the Chinese people, but of the Sociopaths who control the CCP -- Chinese Communist Party, i.e., the Seven Senile Sociopathic Serial Killers (SSSSK) of the Standing Committee of the CCP or the 25 members of the Politburo etc.. -/- The CCP’s plans for WW3 and total domination are laid out quite clearly in Chinese govt publications (...) and speeches and this is Xi Jinping’s “China Dream”. It is a dream only for the tiny minority (perhaps a few dozen to a few hundred) who rule China and a nightmare for everyone else (including 1.4 billion Chinese). The 10 billion dollars yearly enables them or their puppets to own or control newspapers, magazines, TV and radio channels and place fake news in most major media everywhere every day. In addition, they have an army (maybe millions of people) who troll all the media placing more propaganda and drowning out legitimate commentary (the 50 cent army). -/- In addition to stripping the 3rd world of resources, a major thrust of the multi-trillion dollar Belt and Road Initiative is building military bases worldwide. They are forcing the free world into a massive high-tech arms race that makes the cold war with the Soviet Union look like a picnic. -/- Though the SSSSK, and the rest of the world’s military, are spending huge sums on advanced hardware, it is highly likely that WW3 (or the smaller engagements leading up to it) will be software dominated. It is not out of the question that the SSSSK, with probably more hackers (coders) working for them then all the rest of the world combined, will win future wars with minimal physical conflict, just by paralyzing their enemies via the net. No satellites, no phones, no communications, no financial transactions, no power grid, no internet, no advanced weapons, no vehicles, trains, ships or planes. -/- There are only two main paths to removing the CCP, freeing 1.4 billion Chinese prisoners, and ending the lunatic march to WW3. The peaceful one is to launch an all-out trade war to devastate the Chinese economy until the military gets fed up and boots out the CCP. -/- An alternative to shutting down China’s economy is a limited war, such as a targeted strike by say 50 thermobaric drones on the 20th Congress of the CCP, when all the top members are in one place, but that won’t take place until 2022 so one could hit the annual plenary meeting. The Chinese would be informed, as the attack happened, that they must lay down their arms and prepare to hold a democratic election or be nuked into the stone age. The other alternative is an all-out nuclear attack. Military confrontation is unavoidable given the CCP’s present course. It will likely happen over the islands in the South China Sea or Taiwan within a few decades, but as they establish military bases worldwide it could happen anywhere (see Crouching Tiger etc.). Future conflicts will have hardkill and softkill aspects with the stated objectives of the CCP to emphasize cyberwar by hacking and paralyzing control systems of all military and industrial communications, equipment, power plants, satellites, internet, banks, and any device or vehicle connected to the net. The SS are slowly fielding a worldwide array of manned and autonomous surface and underwater subs or drones capable of launching conventional or nuclear weapons that may lie dormant awaiting a signal from China or even looking for the signature of US ships or planes. While destroying our satellites, thus eliminating communication between the USA and our forces worldwide, they will use theirs, in conjunction with drones to target and destroy our currently superior naval forces. Of course, all of this is increasingly done automatically by AI. -/- By far the biggest ally of the CCP is the Democratic party of the USA. -/- The choice is to stop the CCP now or watch as they extend the Chinese prison over the whole world. -/- Of course, universal surveillance and digitizing of our lives is inevitable everywhere. Anyone who does not think so is profoundly out of touch. -/- Of course, it is the optimists who expect the Chinese sociopaths to rule the world while the pessimists (who view themselves as realists) expect AI sociopathy (or AS as I call it – i.e., Artificial Stupidity or Artificial Sociopathy) to take over, perhaps by 2030. -/- Those interested in further details on the lunatic path of modern society may consult my other works such as Suicide by Democracy-an Obituary for America and the World 4th Edition 2019 and Suicidal Utopian Delusions in the 21st Century: Philosophy, Human Nature and the Collapse of Civilization 5th ed (2019) . (shrink)

अमेरिका और दुनिया अत्यधिक जनसंख्या वृद्धि से पतन की प्रक्रिया में हैं, पिछली सदी के लिए यह सबसे अधिक है, और अब यह सब, 3 दुनिया के लोगों के कारण. संसाधनों की खपत और 4 अरब से अधिक ca. 2100 के अलावा औद्योगिक सभ्यता पतन और भुखमरी, रोग, हिंसा और एक चौंका देने वाले पैमाने पर युद्ध के बारे में लाना होगा. पृथ्वी हर साल अपने topsoil के कम से कम 1% खो देता है, तो के रूप में यह 2100 (...) के पास, अपने भोजन की बढ़ती क्षमता के सबसे चला जाएगा. अरबों मर जाएगा और परमाणु युद्ध सब कुछ है, लेकिन कुछ है। अमेरिका में, यह बेहद बड़े पैमाने पर आव्रजन और आप्रवासी प्रजनन द्वारा त्वरित किया जा रहा है, लोकतंत्र द्वारा संभव बनाया दुर्व्यवहार के साथ संयुक्त. भ्रष्ट मानव प्रकृति inexorably अपराध और गरीबी का एक दुःस्वप्न में लोकतंत्र और विविधता के सपने बदल जाता है. चीन अमेरिका और दुनिया को पराजित करना जारी रखेगा, जब तक कि वह स्वार्थ को सीमित करने वाली तानाशाही को बनाए रखता है। पतन का मूल कारण हमारे सहज मनोविज्ञान की अक्षमता को आधुनिक दुनिया के अनुकूल है, जो लोगों को असंबंधित व्यक्तियों के इलाज के लिए की ओर जाता है जैसे कि वे आम हितों था. मानव अधिकारों का विचार एक बुरी कल्पना वामपंथियों द्वारा प्रोत्साहित करने के लिए अनियंत्रित 3 दुनिया मातृत्व द्वारा पृथ्वी की बेरहम विनाश से दूर ध्यान आकर्षित है. यह, बुनियादी जीव विज्ञान और मनोविज्ञान की अज्ञानता के अलावा, आंशिक रूप से शिक्षित जो लोकतांत्रिक समाज को नियंत्रित करने के सामाजिक इंजीनियरिंग भ्रम की ओर जाता है. बहुत कम लोग समझते हैं कि अगर आप किसी और को नुकसान पहुँचाने में आपकी मदद करते हैं, तो मुफ्त दोपहर का भोजन नहीं होता और हर एक वस्तु का उपभोग करने से धरती की मरम्मत से परे नष्ट हो जाती है। नतीजतन, हर जगह सामाजिक नीतियां unsustainable हैं और स्वार्थ पर कड़े नियंत्रण के बिना एक के बाद एक सभी समाज अराजकता या तानाशाही में गिर जाएगी. सबसे बुनियादी तथ्यों, लगभग कभी नहीं उल्लेख किया है, कि अमेरिका या दुनिया में पर्याप्त संसाधनों के लिए गरीबी से बाहर गरीबों का एक महत्वपूर्ण प्रतिशत उठा और उन्हें वहाँ रखने के लिए नहीं कर रहे हैं. ऐसा करने का प्रयास अमेरिका को दिवालिया कर रहा है और दुनिया को नष्ट कर रहा है। भोजन का उत्पादन करने के लिए पृथ्वी की क्षमता दैनिक कम हो जाती है, के रूप में हमारी आनुवंशिक गुणवत्ता करता है. और अब, हमेशा की तरह, अब तक गरीबों का सबसे बड़ा दुश्मन अन्य गरीब है और अमीर नहीं है. नाटकीय और तत्काल परिवर्तन के बिना, वहाँ अमेरिका, या किसी भी देश है कि एक लोकतांत्रिक प्रणाली के बाद के पतन को रोकने के लिए कोई उम्मीद नहीं है. (shrink)

The ‘constructivist turn’ in political representation literature has clarified that representation is crucial in forging identities – through the creation of ideological and symbolic representations that mobilize and coalesce otherwise scattered and undefined social forces – and thus also why it is essentially an interpretative and performative activity. In this article I argue that, as a consequence of this emphasis on interpretation and performativity, this approach makes clear why the ethos of representatives is important in representation. To prove this, I (...) employ some insights from rhetoric. Rhetorical persuasion and democratic representation, indeed, call for a similar kind of judgment, as they both need to mediate between opposing exigencies: rhetoric between attentiveness to the specificity of the audience and the creation of new beliefs, and representation between being responsive to specific interests and giving them a new articulation. Mediating this tension requires an exercise of judgment that, being directed toward the future, inevitably introduces uncertainty into the relation. This is why both in rhetoric and representation the ethos is an essential element. However, as I argue in the conclusion, the personal qualities that should be considered relevant here are above political qualities, rather than technical or moral ones. (shrink)

In representative democracies, referendum voting and parliamentary elections provide two fundamentally different methods for determining the majority opinion. We use three mathematical paradoxes – so-called majority voting paradoxes – to show that referendum voting can reverse the outcome of a parliamentary election, even if the same group of voters have expressed the same preferences on the issues considered in the referendums and the parliamentary election. This insight about the systemic contrarieties between referendum voting and parliamentary elections sheds a new light (...) on the debate about the supplementary value of referendums in representative democracies. Using this insight, we will suggest legal conditions for the implementation of referendums in representative democracies that can pre-empt the conflict between the two methods for determining the majority opinion. (shrink)

Employing the framework of conflicting goals in democracy promotion as departure point, the paper addresses the issue of arms exports to non-democratic countries as an important research topic which points to a reconsideration of certain fundamental conceptual and normative commitments underpinning democracy promotion. Empirically, we remind of the lingering hypocrisy of Western arms exporters, knowing that exports to non-democratic countries often hinder or block democratisation. This is not easily circumvented, because of the many conflicting objectives both internal and external to (...) democracy promotion itself. Yet democracy and human rights promotion remain, ethically and pragmatically, important policy goals. Noting that the self-evident character of the state-based liberal democratic model is being increasingly questioned in the literature, we then critically explore a radical if surprisingly natural alternative vision: Namely that if the commitment to democracy and human rights is to be genuine, only global democracy remains a viable way of resolving the many dilemmas, as it aspires to deal both with regulating arms exports and building of accountable decision-making structures. Although we ultimately reject the globalist solution and lean towards a less radical constructivist approach, we endorse the underlying rationale, namely that democracy promotion needs to sincerely embrace normative democratic theory. (shrink)

This contribution develops two objections to Hans Lindahl’s legal philosophy, as exhibited in his Authority and the Globalization of Inclusion and Exclusion. First, his conception of constituent power overstates the necessity of violence in initiating collective action. Second, his rejection of the distinction between participatory and representative democracy on the grounds that participation is representation is misleading, and compromises our ability to differentiate qualitatively among various forms of (purportedly) democratic involvement. Both problems stem from the same root. They result from (...) conflating two distinct senses of ‘representation’: acting-for-someone (or representative agency) and portraying-something-as-something (or representation-as). (shrink)

L’idéal démocratique est accusé d’être irréaliste. Le gouvernement du peuple par le peuple et pour le peuple serait une chimère dans les sociétés contemporaines. Il faudrait lui préférer les visées plus modestes associées à l’élection : un droit de vote égal et la satisfaction du plus grand nombre. La démocratie ne se laisse pourtant pas réduire à la compétition électorale. Les acteurs et les institutions politiques qui s’en réclament invoquent non seulement un marché, où rivalisent des intérêts privés, mais un (...) forum, où s’affrontent des visions adverses de la justice. Ils attendent de la délibération collective qu’elle serve l’autonomie politique et le bien commun, mais savent aussi qu’elle peut les menacer, lorsque la liberté, l’égalité ou la publicité lui font défaut. Cette enquête philosophique interroge la pertinence de l’idéal démocratique pour des sociétés complexes, dotées d’institutions représentatives et soumises à la communication de masse. Elle montre à quelles conditions cet idéal peut aujourd’hui orienter la critique et l’action. Les citoyens peuvent encore aspirer à se gouverner eux-mêmes, donc à délibérer en égaux. -/- The democratic ideal is accused of being unrealistic. Government of the people by the people and for the people would be a chimera in contemporary societies. The more modest aims associated with election should be preferred: equal suffrage and the satisfaction of the greatest number. But democracy cannot be reduced to electoral competition. The political actors and institutions that claim it invoke not only a market, where private interests compete, but also a forum, where opposing visions of justice confront each other. They expect collective deliberation to serve political autonomy and the common good, but they also know that it can threaten them when it lacks freedom, equality or publicity. This philosophical inquiry questions the relevance of the democratic ideal for complex societies with representative institutions and subject to mass communication. It shows under what conditions a deliberative understanding of this ideal can today orient criticism and action. Citizens can still aspire to govern themselves, hence to deliberate as equals. (shrink)

Recently, political models which employ lottery-selection instead of ballot voting have been proposed. Proponents argue that such lottocratic models can improve the representation of the population and reduce undemocratic influences. In this paper, I argue that these proposals also satisfy the egalitarian requirement of democracy. I claim that having an equal chance to be selected by lot is equally egalitarian as having an equally weighed vote for two reasons: first, having a chance to be selected by lot satisfies the requirement (...) for political justice better than electoral democracy, and second, it provides citizens with equal political influence and not merely equal impact. (shrink)

The ethics of voting is a new field of academic research, uniting debates in ethics and public policy, democratic theory and more empirical studies of politics. A central question in this emerging field is whether or not voters should be legally required to vote. This chapter examines different arguments on behalf of compulsory voting, arguing that these do not generally succeed, although compulsory voting might be justified in certain special cases. However, adequately specifying the forms of voluntary voting that are (...) consistent with democratic norms is likely to be philosophically complex and politically controversial. (shrink)

Wittgenstein taught us that there could not be a logically private language— a language on the proper speaking of which it was logically impossible for there to be more than one expert. For then there would be no difference between this person thinking she was using the language correctly and her actually using it correctly. The distinction requires the logical possibility of someone other than her being expert enough to criticize or corroborate her usage, someone able to constitute or hold (...) her to a standard of proper use. I shall explore the possibility of something opposite- sounding about laws, namely, that there could in principle be laws whose existence, legitimacy, goodness, and efficacy depend upon their being private, in this sense: their existence is kept secret from those who legitimately benefit from the laws and yet who would misguidedly destroy them were they to come to know of them; and it is kept secret from those who would illegitimately benefit from being able to circumvent the laws, and who could circumvent them if they knew of them. The secrecy of the laws increases their efficacy against bad behavior, and since were the public to come to know of these laws the public would lose its nerve and demand that the laws be rescinded, it prevents the public from destroying laws that are in fact in the public interest. These laws are therefore in a way logically private: they cannot at the same time exist, have the foregoing virtues, and be public. After proposing conditions under which such laws ought to be enacted, I moot logical objections to the very idea that there could be such laws, practical objections to their workability, and moral objections to their permissibility. I conclude by suggesting that, while we normally think of secret laws as creatures of the executive branch, things functionally equivalent to secret laws could also be created by other branches of government and societal institutions, and that all of this would be compatible with the form of sovereignty that is democratically grounded in the will and interests of the people. (shrink)

This introduction presents the articles contained in this special issue of Philosophy and Social Criticism on the topic of populism. It does so by placing them in the field of discussions that the standard conception of populism as ‘illliberal democracy’ has stimulated in many areas of the populism-research that was produced in response to the recent increase in populist governments in established constitutional democracies world-wide. Following the methodological canon of studies in the field, it presents the individual contributions roughly in (...) three segments according to leading questions they focus on. In each segment, the introduction attempts to indicate the degree to which the articles depart and provide reasons for departing from the initial standard conception and thereby point to new relevant directions for further work. The first segment consists of essays that take on the definitional and empirical question of what and where populism is, and which varieties of it there are. The second segment presents new work focusing on the diagnostic question of what conditions and institutional conditions enable contemporary populism in established liberal constitutional representative democracies. They thus also aim at explaining or at least providing insight into the structures on the supply side that make populism popular as an `outsider option'. The third and largest segment comprises essays that present various approaches to answering the therapeutic question what democratic political systems and societies can do to confront, absorb or internalize the lessons from populist challenges. (shrink)

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

In this article I discuss the advantages of a theory of political representation for a prag- matist theory of (global) democracy. I first outline Dewey’s disregard for political rep- resentation by analyzing the political, epistemological and aesthetic underpinnings of his criticism of the Enlightenment ideal of democracy and its trust in the power of the detached gaze. I then show that a theory of political representation is not only com- patible with a pragmatist Deweyan-pragmatist perspective on democratic politics but also (...) that Dewey’s concept of “publics”, if applied to contemporary circumstances of globalized politics, requires such a theory. I suggest a pragmatic theory of political rep- resentation that combines elements of Dewey’s aesthetics, particularly his own theory of vision, with Michael Saward’s conception of representative claim-making into the notion of aesthetic democratic representation. (shrink)