Disenfranchisement and the Capacity / Equality Puzzle: Why Disenfranchise Children But Not Adults Living with Cognitive Disabilities?

Moral Philosophy and Politics 7 (2):255-279 (2020)
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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.



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Attila Mráz
Stockholm University

References found in this work

A Theory of Justice: Revised Edition.John Rawls - 1999 - Harvard University Press.
Justice as fairness: a restatement.John Rawls (ed.) - 2001 - Cambridge, Mass.: Harvard University Press.
Knowledge in a social world.Alvin I. Goldman - 1999 - New York: Oxford University Press.
Against Democracy: New Preface.Jason Brennan - 2016 - Princeton: Princeton University Press.
Law’s Empire.Ronald Dworkin - 1986 - Harvard University Press.

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