Is democracy necessarily bound to territorial spaces and boundaries, or can democratic processes and institutions dispense with territorial ties? To answer this question, which arises, for example, in debates about democracy beyond the state, this article reconstructs conceptions of territory influential in democratic theory, as well as in recent debates on transnational citizenship and territorial rights. It establishes the container-space, social-space, and place conceptions of territory, and negotiates a nuanced and multi-dimensional understanding of territorial spaces and boundaries and their relations (...) to democracy. Based on this conception, democracy does not necessarily depend on (a) territory. Neither, however, should this connection be dismissed lightly. Instead, proponents of both the preservation and the loosening of ties between democracy and territory need to answer two distinct, yet complementary questions concerning (1) the justification of territorial spaces and boundaries as social spaces, and (2) the functions they fulfil as container spaces. Exclusive place conceptions of territory, however, are not consistent with the proposed understanding of territory. In the final part, this article negotiates institutional perspectives for plural democratic spaces and boundaries by briefly reviewing theoretical sketches on democracy beyond the state, as well as developing constellations of nested political spaces within the European context. (shrink)

Is democracy necessarily bound to territorial spaces and boundaries, or can democratic processes and institutions dispense with territorial ties? To answer this question, which arises, for example, in debates about democracy beyond the state, this article reconstructs conceptions of territory influential in democratic theory, as well as in recent debates on transnational citizenship and territorial rights. It establishes the container-space, social-space, and place conceptions of territory, and negotiates a nuanced and multi-dimensional understanding of territorial spaces and boundaries and their relations (...) to democracy. Based on this conception, democracy does not necessarily depend on (a) territory. Neither, however, should this connection be dismissed lightly. Instead, proponents of both the preservation and the loosening of ties between democracy and territory need to answer two distinct, yet complementary questions concerning (1) the justification of territorial spaces and boundaries as social spaces, and (2) the functions they fulfil as container spaces. Exclusive place conceptions of territory, however, are not consistent with the proposed understanding of territory. In the final part, this article negotiates institutional perspectives for plural democratic spaces and boundaries by briefly reviewing theoretical sketches on democracy beyond the state, as well as developing constellations of nested political spaces within the European context. (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...

What legal rights and duties immigrants should have is among the most ferociously debated topics in the politics of liberal societies today. However, as this article will show, there is remarkably little disagreement of great magnitude among political theorists and philosophers of immigration on the rights and duties of resident immigrants (even in contrast to the closely related philosophical discussion of justice in immigrant admissions). Specifically, this article will survey philosophical positions both on what legal rights immigrants (documented permanent residents, (...) guestworkers, and undocumented immigrants) ought to have (including to citizenship and against deportation), and on what liberal societies may justly do to require immigrants to integrate. This article will reveal that there is a substantial, growing gap between contemporary politics worldwide and what the moral norms of liberalism seem to entail concerning the rights and duties of immigrants. (shrink)

Based on a critical reading of Jürgen Habermas’s journalistic writings on the European Union, the article argues that Europe’s current crisis is also a crisis of its narratives, and hence a crisis of meaning. The German philosopher has revised his political vision of a united Europe but has done so without abandoning his neo-Kantian ‘soft revolutionism’. The EU of the future is not only envisaged as an alternative to the allegedly defunct European nation-state, but also as the antithesis to US-style (...) federalism and to what is called ‘post-democratic executive federalism’. What is more, Habermas no longer fully trusts in the power of the better argument, as championed in his critical social theory. Instead, his hope of normative progress towards a socially and politically more integrated Europe is founded on a belief in the power of the crisis itself – aided by a convincing pro-European narrative – to drive us in the same direction as that indicated by reason. The conclusion contrasts Habermas’s utopian Europeanism, which has failed to find favour with the wider European public, with a less utopian alternative inspired by the highly specific, non-universal situation of the Old Continent. (shrink)

Many of us take it for granted that states have a right to control the entry and settlement of non‐citizens in their territories, and hardly pause to consider or evaluate the moral justifications for immigration controls. For a long time, very few political philosophers showed a great deal of interest in the subject. However, it is now attracting much more attention in the discipline. This article aims to show that we most certainly should not take it for granted that states (...) enjoy a moral right to exclude would‐be immigrants. It is neither obvious nor uncontroversial. And if we cannot find adequate justifications for the existence of such a right, then we need to re‐evaluate the very backbone of current approaches to immigration policy. The paper begins with an overview of the existing academic debate about the extent of the right to freedom of movement. Next it introduces three arguments in support of the state’s right to exclude would‐be immigrants which draw on claims about the collective right to self‐determination. Finally it outlines three important challenges faced by these arguments in support of the state’s right to exclude. (shrink)

In this paper I will hold that it is desirable to ensure people be included within the borders and the political community both, but I will point out the potential incompatibility of the two. In an open-borders society, members of a polity would not be exclusively individuals who expect to stay in a country for a long time but also people who temporarily work and live there. Among this latter group would be individuals who would continuously migrate—call them hypermigrants. While (...) I agree that hypermigrants cannot be fully included in the decision making, excluding them is problematic because it justifies a hierarchical society. The case of hypermigrants points to the tension between treating people as equals by including them in a democratic system whose members do not simply support their own interests but strive for the common good and by including them in an open-borders society that acknowledges their life plans as of equal worth. To overcome these problems I will claim that it is possible to justify an account of a fluid demos that provides different levels of political inclusion and addresses the challenges of a hypermigration polity. In this account, citizenship and full political inclusion are granted to permanent members only but hypermigrants are partially included. This perspective recognises every member of the polity as equal and ensures that she has control over the relevant political decisions without undermining the idea that citizenship requires a sense of belonging to the political community and concern for its long-term interests. (shrink)

This article argues that all-affected principle needs to be reconceptualized to account for the differences in the historical and current social position of those who are or who should be making legitimacy claims. Drawing on Butler’s theory of vulnerability, this article advances a new and more robust all-affected principle that affords a stronger claim to legitimacy to those most-deeply affected by both the current decision in question and the historical process and practices shaping the choices available. In particular, this article (...) identifies three sets of exclusions of groups and claims that drive this reformulation: first, cases of historical injustice such as indigenous peoples; second, cases of current processes of minoritization which silence or render some groups and opinions as marginal such as women, ethnic minorities or even people in lower economic classes; and third, cases of state establishment of boundaries and ‘worthy’ citizenship such as refugees making claims for relocation and asylum. (shrink)

This is a collection of four papers about the All-Affected Principle (AAP): the view that every person whose morally weighty interests are affected by a democratic decision has the right to participate in that decision. -/- The first paper (“Narrow Possibilism about Democratic Enfranchisement”) examines how we should distribute democratic participation rights: a plausible version of AAP must avoid treating unlike cases alike, which would be procedurally unfair. The solution is to distribute participation rights proportionately to the risk that a (...) person’s interests will be affected. AAP thus implies an account of political equality that requires adherence to the ‘one person—one vote’ model only if interests are indeed equally affected. -/- The second paper (“Economic Participation Rights and the AAP”) argues that AAP supporters have paid insufficient attention to economic participation rights. The exercise of such rights raises unique worries about democratic accountability, which is why their exercise is constrained by a number of duties. -/- The third paper (“What AAP Is, and How (Not) to Fight It”) explores how AAP fares in light of possible objections from desirability and feasibility. Unlike crude versions of AAP, a plausibly restricted version of AAP cannot be dismissed as easily as many AAP sceptics may have thought. My reflections here are useful for AAP supporters and sceptics alike: this paper helps clarify what kind of objection can cast serious doubt on AAP. -/- The fourth paper (“Criminal Disenfranchisement, Political Wrongdoing, and Affected Interests”) asks: is AAP compatible with criminal disenfranchisement? AAP, when endorsed in combination with a plausible theory of punishment, is compatible with disenfranchising a narrow set of criminal wrongdoers only: those guilty of ‘political wrongdoing’, which is wrong primarily because it undermines democratic procedures and institutions for private gain. The upshot is that current blanket policies of criminal disenfranchisement are incompatible with AAP. (shrink)

Despite being fundamental to democracy, the normative concept of the people, i.e. the demos, is highly unclear. This article clarifies the legitimacy of the demos’ boundaries by structuring the debate into three strains of justification: first, normative membership principles; second, its democratic functionality and the necessity of cohesion for this essential function; and third, a procedural understanding of the demos. It will be shown that normative principles can only justify its expansion towards the ideal of an unbounded demos. On the (...) other hand, the democratic function of the demos can be understood as a criterion for its restriction. This, however, is only possible on the basis of an existing polity and not for the initial constitution of the demos. Consequently, a legitimate demos has to take both inclusionary and exclusionary tendencies into account. These tendencies need to be weighed against each other in the democratic process, which leads to a fundamentally procedural understanding of the legitimacy of the demos. (shrink)