Abstract. In this article two conceptions of what it means to say that all affected persons should be granted the right to vote in democratic elections are distinguished and evaluated. It is argued that understanding "affected" in legal terms, as referring to the circle of people bound by political decisions, has many advantages compared to the view referring to everyone affected in mere causal terms. The importance of jurisdictions in deciding rights to democratic influence should hence be recognized (...) more clearly than it currently is in democratic thinking. (shrink)

Democratic societies such as the United Kingdom have come to fail their young citizens, often sacrificing their interests in a political process that gives much greater weight to the preferences and interests of older citizens. Against this background of intergenerational injustice, this article presents the case for a shift in the political system in the direction of radical democratic inclusion of younger citizens, through reducing the voting age to 12. This change in the voting age can be (...) justified directly, with reference to the status, interests, and capacities of younger citizens, and it can also be justified as a remedy to existing forms of intergenerational injustice. This change in the voting age would require a parallel transformation in the role of secondary schools as part of the ‘critical infrastructure' of a democratic society, which would be part of a broader shift towards a more genuinely democratic political culture. The proposal is defended against less radical alternatives (such as votes at 16) and more radical alternatives (such as votes for younger children). The article concludes with some reflections on democracy and intergenerational justice in light of the Covid pandemic and the climate emergency. (shrink)

Should artificial intelligences ever be included as co-authors of democratic decisions? According to the conventional view in democratic theory, the answer depends on the relationship between the political unit and the entity that is either affected or subjected to its decisions. The relational conditions for inclusion as stipulated by the all-affected and all-subjected principles determine the spatial extension of democratic inclusion. Thus, AI qualifies for democratic inclusion if and only if AI is either (...) affected or subjected to decisions by the political unit in relevant ways. This paper argues that the conventional view is too simple; that it neglects democratic reasons to recognize only agents and/or moral patients as participants in decision-making. The claim defended is that AAP and ASP implicitly affirm requirements for agency and patiency. In ASP, the entity included must be an agent understood either in terms of legal status, capacity to comply with the law or ability to recognize legitimate authority. In AAP, the entity included must be a patient, understood either in terms of capacity for sentience or consciousness. Thus, the idea here is to explore the potential democratic inclusion of artificial intelligences by an updated account of the relevant conditions of agency and patiency that are implicit in democratic theory. Although conceivable that AI is or will be either affected or subjected in relevant ways to decisions made by political units, it is far less clear that AI will ever be agents or patients in the sense required for democratic inclusion. (shrink)

Drawing upon the dual status of the Eumenides as metics who were neither included in nor excluded from Athenian democratic politics, this essay attempts to bring the last scene of The Eumenides to contemporary political settings wherein we observe the duality of immigrants—that is, the tension between political citizenship and cultural foreignness—in our liberal society. The controversial bride kidnapping cases among Hmong immigrants show that the liberal regulative principles such as reciprocity and mutual respect cannot work in the context (...) of powerful and irreconcilable cultural and moral conflicts, which go beyond the line that we can tolerate in the name of cultural diversity. Instead, this essay focuses on the Athenian citizens’ and the Eumenides’ courageous decision to suffer together, not merely to live together, in an attempt to find a new possibility of democratic coexistence. (shrink)

This paper argues in favor of the epistemic properties of inclusiveness in the context of democratic deliberative assemblies and derives the implications of this argument in terms of the epistemically superior mode of selection of representatives. The paper makes the general case that, all other things being equal and under some reasonable assumptions, more is smarter. When applied to deliberative assemblies of representatives, where there is an upper limit to the number of people that can be included in the (...) group, the argument translates into a defense of a specific selection mode of participants: random selection. (shrink)

Empowering Affected Interests brings together a group of leading contemporary democratic theorists and philosophers to debate a taken-for-granted principle at the heart of the democratic project but increasingly under strain in a global era: the idea all those affected by a decision should be included in the making of that decision.

Rainer Bauböck is among the most renowned scholars in the field of citizenship and democracy. In a recent volume, Democratic Inclusion, he—together with other authors—addresses the so-called democratic boundary problem. This book is an extremely valuable resource for anyone working on this problem; Bauböck presents a complex and sophisticated theory of the principles of democratic citizenship while his respondents put forward crucial questions not only about his theory, but also about the debate in general. At the (...) same time, the volume also points to the limitations of this discourse and the formidable obstacles to reaching conclusive theoretical results about democratic inclusion. (shrink)

Citizenship and residency are basic conditions for political inclusion in a democracy. However, if democracy is premised on the inclusion of everyone subject to collectively binding decisions, the relevance of either citizenship or residency for recognition as a member of the polity is uncertain. The aim of this paper is to specify the conditions for being subject to collective decisions in the sense relevant to democratic theory. Three conceptions of what it means to be subject to collectively (...) binding decisions are identified and examined, referring to those subject to legal duties and legal powers or to those subject to legal duties and state institutions. The contrast between them is most clearly illustrated in relation to non-residents, those not present in the territory of the state. The extraterritorial dimension of the law thus highlights a fundamental ambiguity in the theory of democracy concerning the extension of political rights. (shrink)

The question of who should be included in democratic decision-making is known as the boundary problem in democratic theory. I identify two requirements that a satisfactory solution to the boundary problem must satisfy, i.e. the Considered Judgment Requirement and the Value Requirement. I argue that the two most prominent solutions to the boundary problem—the all-affected principle and the all-subjected principle—fail to satisfy these requirements. Instead, I propose an equal relations principle and show that it satisfies the requirements. It (...) turns out that relatedness, and not affectedness or subjectedness, is what fundamentally explains who should be included. (shrink)

Rainer Bauböck is among the most renowned scholars in the field of citizenship and democracy. In a recent volume, Democratic Inclusion, he—together with other authors—addresses the so-called democratic boundary problem. This book is an extremely valuable resource for anyone working on this problem; Bauböck presents a complex and sophisticated theory of the principles of democratic citizenship while his respondents put forward crucial questions not only about his theory, but also about the debate in general. At the (...) same time, the volume also points to the limitations of this discourse and the formidable obstacles to reaching conclusive theoretical results about democratic inclusion. (shrink)

According to neo-republicans, democracy is morally justified because it is among the prerequisites for freedom as non-domination. The claim that democracy secures freedom as non-domination needs to explain why democratic procedures contribute to non-domination and for whom democracy secures non-domination. This requires an account of why domination is countered by democratic procedures and an account of to whom domination is countered by access to democratic procedures. Neo-republican theory of democracy is based on a detailed discussion of the (...) former but a scant discussion of the latter. We address this lacuna by interpreting the two most influential principles of inclusion, the all-subjected principle and the all-affected principle, in light of neo-republican commitments. The preliminary conclusion is that both principles are able to capture relations of domination between the democratic state and the people controlled by it in the relevant sense. Yet, the state has virtually unlimited powers to control residents, but only limited powers to interfere in the lives of non-residents. Republican aspirations are therefore more in tune with the all-subjected principle according to which only residents in the territory of the state should be granted rights to political participation. (shrink)

Donald Trump promised to build a wall along the US–Mexico border and to make Mexico pay for it, but this seems to violate the principle of ‘no taxation without representation’ on which the United States was founded. Some democratic theorists propose even more radical principles of inclusion, such as that all those affected by or subject to a decision should have a say in it. But even a more moderate principle, requiring that those who pay must be represented, (...) is sufficient to show that Trump's proposed border wall lacks democratic legitimacy.Export citation. (shrink)

The literature on democracy and disagreement has argued that the principle of respect for judgement requires that disagreement within democracy is resolved by a democratic decision. This paper raises the question what the principle of respect for judgement requires when there is disagreement on democratic inclusion. The paper argues that not all, but some, disagreements on democratic inclusion must be resolved by a democratic decision. Three reasons for when it need not are distinguished, issue-related (...) reasons, people-related reasons, and judgement-related reasons. When parties disagree on democratic inclusion because they disagree on basic principles, the disagreement need not be resolved by a democratic decision, for issue-related or for people-related reasons. When, instead, parties disagree on democratic inclusion despite agreeing on basic principles, the disagreement must be resolved by a democratic decision if the judgements of the disagreeing parties are reasonable. (shrink)

Epistemic impairment has been the decisive yardstick when excluding infants from political agency. One of the suggestions to bypass the epistemic requirement of political agency and to encourage the inclusion of infants in representative democracies is to resort to proxies or surrogates who share or advocate interests which may be coincidental with their interests. However, this solution is far from desirable, given that it privileges the political agency of parents, guardians and trustees over other adult citizens. This article offers (...) an alternative to this conceptual frame of reference by making a case for the political agency of infants. Firstly, it maintains that political agency can be understood in terms of the several facets involved in political representation. Secondly, it claims that the all-affected principle can be reformulated as an ‘infant-affected-interests principle’ in light of which infants are members of the class of the represented. Thirdly, it explores the ways through which this political agency can occur without having to resort to alternative conceptions of representation. The conclusion ascertains that infant enfranchisement is highly undesirable and that there are more viable forms to promote infant political agency, such as virtual representation, infant-beneficial principles of political action and ombudspersons for infants. (shrink)

Journal of Political Philosophy, Volume 30, Issue 1, Page 94-115, March 2022.

European Journal of Political Theory, Volume 21, Issue 2, Page 368-389, April 2022. Epistemic impairment has been the decisive yardstick when excluding infants from political agency. One of the suggestions to bypass the epistemic requirement of political agency and to encourage the inclusion of infants in representative democracies is to resort to proxies or surrogates who share or advocate interests which may be coincidental with their interests. However, this solution is far from desirable, given that it privileges the political (...) agency of parents, guardians and trustees over other adult citizens. This article offers an alternative to this conceptual frame of reference by making a case for the political agency of infants. Firstly, it maintains that political agency can be understood in terms of the several facets involved in political representation. Secondly, it claims that the all-affected principle can be reformulated as an ‘infant-affected-interests principle’ in light of which infants are members of the class of the represented. Thirdly, it explores the ways through which this political agency can occur without having to resort to alternative conceptions of representation. The conclusion ascertains that infant enfranchisement is highly undesirable and that there are more viable forms to promote infant political agency, such as virtual representation, infant-beneficial principles of political action and ombudspersons for infants. (shrink)

European Journal of Political Theory, Volume 21, Issue 2, Page 368-389, April 2022. Epistemic impairment has been the decisive yardstick when excluding infants from political agency. One of the suggestions to bypass the epistemic requirement of political agency and to encourage the inclusion of infants in representative democracies is to resort to proxies or surrogates who share or advocate interests which may be coincidental with their interests. However, this solution is far from desirable, given that it privileges the political (...) agency of parents, guardians and trustees over other adult citizens. This article offers an alternative to this conceptual frame of reference by making a case for the political agency of infants. Firstly, it maintains that political agency can be understood in terms of the several facets involved in political representation. Secondly, it claims that the all-affected principle can be reformulated as an ‘infant-affected-interests principle’ in light of which infants are members of the class of the represented. Thirdly, it explores the ways through which this political agency can occur without having to resort to alternative conceptions of representation. The conclusion ascertains that infant enfranchisement is highly undesirable and that there are more viable forms to promote infant political agency, such as virtual representation, infant-beneficial principles of political action and ombudspersons for infants. (shrink)

For philosophers of education who hold on to the optimistic hope that democracy education can play a part in halting the decline of democracy, Davids and Waghid point the way towards its potential contribution when approached by making inclusion foundational to democratic education. Taking a poststructuralist approach as the best way to articulate an expanded conception of inclusion, this book makes the case that there is an urgent need for a reconsidered conception of democratic education that (...) appropriately addresses race, ethnicity and gender. This review's critical appreciation of Davids and Waghids book explores their analysis of inclusion, noting its illuminating use of examples of exclusion in South African education which are also relevant to wider contexts beyond the specificities of apartheid and post-apartheid South Africa. In raising some questions about their arguments, I express reservations about the book's predominant focus on race, ethnicity and gender as markers of identity. This is at the expense of class and material exclusion—and hence of distributive justice as a dimension of democratic inclusion. The review concludes with a discussion of how philosophy of education itself might be democratically inclusive, in response to the authors' account of whiteness and their experiences of exclusion. (shrink)

This paper reports findings from a study about school staff’s perceptions of the preferences for social interaction that young people have with similar and different others. This tension was explored empirically using scenarios of moral dilemmas to conduct in-depth semi-structured interviews with school staff from special and mainstream secondary schools. The issue was explored with reference to a tension between social inclusion, the principle of embracing difference, and homophily, the concept that similarity breeds connection. The data suggest that homophily (...) and inclusion can come into a tension with an ethical dimension. In education, the homophily/inclusion tension is one between students’ preferences for being among similar others and the moral imperative of including everybody; or between individuality and commonality. Inclusion is often translated into a demand for full participation as the only way to respond ethically to difference. However, the recognition of students’ rights to negotiate their preferences, even when they come into tension with what is considered to be politically correct, is also an ethical position. The paper concludes that the homophily/inclusion tension is constructive as it challenges the moral necessity of inclusion for all, and opens a debate about participatory decision-making and democratic school management. (shrink)

More than two decades after the passage of the Americans with Disabilities Act , people with disabilities continue to live at the margins of American democracy and capitalist society. This persistent exclusion poses a conundrum to political theorists committed to disability rights, multiculturalism, and social justice. Drawing from feminist insights, specifically the work of Nancy Fraser, among others, I examine the necessary conditions for meaningful inclusion to be realized within a deliberative democracy. Using Fraser's concept of “participatory parity” as (...) a proxy for inclusion, I strategize how to overcome informal barriers—economic inequality and misrecognition—that persist even after disabled people are granted the legal right to participate. The analysis concludes that a truly inclusionary and multicultural democracy requires the redistribution of wealth and a more expansive model of political deliberation, one that can recognize unconventional modes of communication through practices of translation. (shrink)

Steffen Ganghof’s book addresses pressing questions in democratic theory and institutional design regarding how to promote effective political inclusion and avoid personalizing power in democratic executives. His model of semi-parliamentarism manages to transform tradeoffs in these areas that were previously thought inescapable, unlocking novel potential for democratic reform.

Although justification and implementation of human rights are typically dealt with as separate issues, the lines between them become particularly opaque when dealing with contested rights claims, particularly those made by immigrant groups. The relevant lessons from Europe seem to indicate that in these sorts of cases, questions of justification can become embedded in deliberative practices that lead to their greater institutional entrenchment. The heterogeneity of deliberative practices out of diverse Member State administrative contexts can be turned into an epistemic (...) virtue when including additional perspectives that increase the likelihood of avoiding error and alleviating bias. With a focus on immigrant rights in the EU, I first give a stylized rendition of the shortcomings of three views—post-national rights theorists, liberal nationalists, and cosmopolitans. In contrast, experimentalists highlight the democratic potential of realizing rights on a pragmatic model of the Open Method of Coordination that better responds to regional problems not necessarily tied to a single site of sovereignty. Since immigrants in the EU are party to multiple overlapping political communities, the democratic justification of rights in contested cases can be directly tied to this novel institutional implementation, forging a modified social imaginary in the process for all affected actors. (shrink)

The current globalization process excludes a significant part of humanity, but organizations can contribute to a more inclusive form by means of dialogue with other organizations to create economic and social value. This article explores the main leadership traits (visions, roles and virtues) necessary for this dialogue. This exploration consists of a comparison between two theoretical approaches and their illustration with two cases. The theoretical approaches compared are Responsible Leadership, a management theory focused on the contribution of business leaders to (...) create a better society as developed by Maak and Pless; and the Work of Translation, a sociological theory which stresses the need for dialogue between organizations to build an alternative to hegemonic or the so-called neo-liberal globalization as formulated by Santos. Both approaches, in what seems an unlikely pairing at first, are compared in terms of their perspectives, diagnoses of the present situation, the main task to be performed by leaders, styles of this task and leadership outcomes. The illustrative cases include a federation of co-ops in Nicaragua and an employer organization in the Democratic Republic of the Congo. We contend that, although these economic development organizations are not private firms, the leadership characteristics of their respective leaders are highly valuable and inspiring for business leaders and multinational corporations wishing to act responsibly at the local and global levels, thus contributing to this more inclusive form of globalization. (shrink)

The teaching profession in South Africa, like elsewhere in the world, is regulated by the specific codes of conduct, as stipulated by the South African Council for Educators. While common criticisms against SACE include failing to ensure the registration of all teachers, and not adequately dealing with the unprofessional conduct of teachers, it is the question of whether SACE can act as an ethical regulator, which attracts the most attention. Seemingly, there exists a tension between the legalistic approach to ethical (...) deliberation, as contained in SACE, and the real experiences of teachers, which teachers argue, are neither understood nor taken into account by SACE. In considering whether it is at all possible to teach teachers how to act ethically, or how to use their ethical judgement, the article turns its attention to the inter-related practices of deliberation, belonging and inclusion, as manifestations of ethical teaching. (shrink)

The maze and the masses -- Democracy as the rule of the dumb many? -- A selective genealogy of the epistemic argument for democracy -- First mechanism of democratic reason: inclusive deliberation -- Epistemic failures of deliberation -- Second mechanism of democratic reason: majority rule.

Since its appearance in English translation in 1996, Jurgen Habermas's Between Facts and Norms has become the focus of a productive dialogue between German and Anglo-American legal and political theorists. The present volume contains ten essays that provide an overview of Habermas's political thought since the original appearance of Between Facts and Norms in 1992 and extend his model of deliberative democracy in novel ways to issues untreated in the earlier work. Habermas's theory of democracy has at least three features (...) that set it apart from competing positions. First, it combines a concern with questions of normative justification with an empirical analysis of the social conditions necessary for the realization of democratic institutions. Second, at the heart of his model is the assertion of an internal relationship between liberalism and democracy. Finally, Habermas defends a conception of universal human rights that is not only sensitive to cultural differences but also calls for legal and political institutions that facilitate the cultivation of cultural and religious identities within pluralistic societies. These essays demonstrate the extraordinary power of Habermas's theory of democracy through a further engagement with Rawls's political liberalism and through original contributions to current debates over nationalism, multiculturalism, and the viability of supranational political institutions. (shrink)

Democracy is crucially about inclusion: a theory of democracy must account for who is to be included in the democratic process, how, and on what terms. Inclusion, if conceived democratically, is fraught with tensions. This article identifies three such tensions, arising respectively in: (i) the inauguration of the democratic public; (ii) enabling equal participation; and (iii) the relationship between instrumental and non-instrumental accounts of democracy’s value. In each case, I argue, rather than seeking somehow to dissolve (...) or avoid such tensions, theories of democracy should allow us to live with their implications reflexively: to work with them. Such tensions are counter-democratic to the extent that they derail what Nancy Fraser calls “participatory parity,” under which citizens count as “full partners in social interaction.” But the extent to which they do this is not itself dependent on points of paradox in the very idea of inclusion. Such parity relies on complex factors, social and economic, which democratic institutions and procedures will not by themselves address. To achieve full democratic inclusion we must already have addressed such factors; no account of democracy itself, however finely-tuned, will do this. (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)

Infamously, Rawls assumed a democratic society to be “a complete and closed social system,” in that “entry into it is only by birth and exit from it is only by death.” Since the beginning of the present millennium, however, debates about the ethical issues related to immigration have been prominent. In this context, these methodological departure points seem long outdated, if not simply biased. This paper will rework Rawls’s theory of migration for application to the case of provisional immigrants (...) by reworking its theoretical underpinnings. I will argue that once his assumptions are adjusted, Rawlsian notions of ‘stability’ in conjunction with his idea of a ‘society understood as a fair system of cooperation’ justify inclusive membership regimes. In other words, Rawlsian domestic justice requires inclusive membership regimes for provisional immigrants. (shrink)

In this paper I examine the question of what duties the principles of democratic legitimacy prescribe for receiving states towards asylum seekers in general, and towards those who belong to vulnera...

One of the greatest challenges facing democracies is how to live together with difference. The growth of globalisation and international migration has presented schools with increased opportunities and challenges related to learning from and living with superdiversity. Yet within current policy settings and educational practices, the alignment between superdiversity and democratic education is not explicitly foregrounded. In this paper I examine how teachers (n = 24) from four superdiverse secondary schools in Aotearoa New Zealand’s responded to growing cultural, linguistic (...) and religious diversity in their classrooms. By examining empirical evidence from teacher’s practices, the paper illustrates how Dewey’s philosophy of learning by living together with difference, placing a priority on shared interests and developing a socio-political awareness of inequalities provides valuable insights for democratic education. The study illustrates the importance of recognising the complexity of interactions in superdiverse contexts and the significant role that teachers can play in creating conditions for inclusive classrooms where democracy can be lived and learned. It also highlights how teachers themselves, can undergo a journey toward developing more inclusive and justice-oriented pedagogical practices that support both Indigenous and ethnic minority groups in their schools. (shrink)

How should political power and influence be allocated in democratic systems? That is, roughly, the core of the boundary problem in democratic theory. As of late, some authors have begun paying increased attention to the methodological aspects of this dispute. This paper attempts to make a twofold contribution to this ‘methodological turn’. On the one hand, it identifies and analyzes five desiderata of a successful principle of democratic inclusion. Any such principle, I argue, must be grounded (...) in a clearly identifiable set of values, must provide a clear standard of inclusion, must specify the relevant modalities of inclusion, must provide sound bridging principles, and must be extensionally adequate. In the first half of the paper, these desiderata are developed and critically scrutinized. On the other hand, I also extract three lessons from the previous discussion. First, that a unique answer to the boundary problem (i.e. one grounded in one single principle) is unlikely. Second, that a satisfactory answer to the boundary problem need not necessarily appeal, as some have argued, to distinctively democratic values. And third, that intuitions about political exclusion (i.e. those requiring or permitting the exclusion of some individuals) should be treated with special caution. (shrink)

edited by Ciaran Cronin and Pablo De Greiff Since its appearance in English translation in 1996, Jürgen Habermas's Between Facts and Norms has become the focus of a productive dialogue between German and Anglo-American legal and political theorists. The present volume contains ten essays that provide an overview of Habermas's political thought since the original appearance of Between Facts and Norms in 1992 and extend his model of deliberative democracy in novel ways to issues untreated in the earlier work.Habermas's theory (...) of democracy has at least three features that set it apart from competing positions. First, it combines a concern with questions of normative justification with an empirical analysis of the social conditions necessary for the realization of democratic institutions. Second, at the heart of his model is the assertion of an internal relationship between liberalism and democracy. On this account, the rights of the individual that are central to liberalism can be guaranteed only within a constitutional framework that at the same time fosters democratic rights of political participation through the public sphere. Finally, Habermas defends a conception of universal human rights that is not only sensitive to cultural differences but also calls for legal and political institutions that facilitate the cultivation of cultural and religious identities within pluralistic societies.These essays demonstrate the extraordinary power of Habermas's theory of democracy through a further engagement with Rawls's political liberalism and through original contributions to current debates over nationalism, multiculturalism, and the viability of supranational political institutions. (shrink)

This chapter contains sections titled: The Case of Beth B The Individuals with Disabilities Education Act (IDEA) Justice and Community The Ethics of Inclusionary Care The Morality of Equal Educational Concern Constitutional Democratic Proceduralism Conclusion.