Journal of Philosophy of Education, EarlyView.

The contemporary agonist thinker, Chantal Mouffe argues that conflicts are constitutive of politics. However, this position raises the question that concerns the survival of order and the proper types of conflicts in democracies. Although Mouffe is not consensus-oriented, consensus plays a role in her theory when the democratic order is at stake. This suggests that there is a theoretical terrain between the opposing poles of conflict and consensus. This can be discussed with the help of concepts and theories that seem (...) to be standing between the two, namely compromise, debate and the borders of democracy. I will argue that we can reveal this position with the theoretical analysis of compromise in the works of F. R. Ankersmit on the historical origin of representative democracy, and Amy Gutmann and Dennis Thompson on the role of compromise in divided communities. J. S. Mill’s view of colliding opinions offers a moderate agonistic understanding of politics, while the concept of debate plays a similar role for Márton Szabó, a contemporary Hungarian political theorist. Finally, Mouffe’s position stands at the conflictual end of this spectrum, although conflicts are delimited on the normative ground of democracy. (shrink)

By assuming the permanence of conflict, agonistic theories of politics are apparently incompatible with cosmopolitanism. Nevertheless, this paper aims to reveal the potential for a theory of cosmopolitanism in Chantal Mouffe's agonistic theory. In the first section, I present Mouffe's own critique of cosmopolitanism, pointing to its inconsistencies. The second section examines four aspects of Mouffe's agonism and explores their cosmopolitan potential. First, I argue that Mouffe's account of pluralism reveals the interconnectedness of political practices at different levels. Second, Mouffe's (...) sense of the transformation from “enemy” into “adversary” through “conversion” can be extended to cosmopolitanism. Third, the “conflictual consensus” which Mouffe attributes to adversaries is adequate for a cosmopolitanism that lacks a global consensus, but nonetheless is based on a minimal commonality of all human beings. Fourth, contestation, as conflict in the “tamed” mode, has a cosmopolitan potential to contest an.. (shrink)

The concept of legitimacy is examined through a reading of Habermas’s work on communicative action, and through a reading of the opening chapters of Between Facts and Norms. The claim that legal juries function in a manner similar to a ‘parliament’ is rejected in favour of a claim that they exercise a decentred ‘particle’ of popular sovereignty. An analysis of the jury’s lifeworld origins is undertaken and, the essay then considers the democratic function of the operation of ‘jury equity’ whereby (...) juries may produce ‘perverse’ decisions, or as described in the USA – jury ‘nullification’ whereby juries bring in verdicts that go against overwhelming evidence. (shrink)