Should refugees receive political rights in liberal democracies? I argue that they should. Refugees are special – at least when it comes to claims towards democratic inclusion. They lack exit options and are significantly impacted by decisions made in liberal democracies. Enfranchisement is a matter of urgency to them and should occur on a national level. But what justifies the democratic inclusion of refugees? I draw on the all-subjected principle in arguing that all those subjected to rule in a (...) political unit should have a say in such rule. I show that refugees cannot be denied democratic inclusion based on the argument that transients should be excluded from participation. Refugees are not transients. Finally, I show that naturalization is not a prerequisite for enfranchisement. Political rights and citizenship can be had independently of each other. Refugees, then, should be nationally enfranchised as soon as they receive refugee status. (shrink)

This article compares the ‘enfranchisement lottery’, a novel method for allocating the right to vote, with universal suffrage. The comparison is conducted exclusively on the basis of the expected consequences of the two systems. Each scheme seems to have a relative advantage. On the one hand, the enfranchisement lottery would create a better informed electorate and thus improve the quality of electoral outcomes. On the other hand, universal suffrage is more likely to ensure that elections are seen to (...) be fair, which is important for political stability. This article concludes that, on balance, universal suffrage is prima facie superior to the enfranchisement lottery. Yet the analysis shows that the instrumental case for the ‘one person, one vote’ principle is less conclusive than democratic theorists usually suppose. (shrink)

This article compares the ‘enfranchisement lottery’, a novel method for allocating the right to vote, with universal suffrage. The comparison is conducted exclusively on the basis of the expected consequences of the two systems. Each scheme seems to have a relative advantage. On the one hand, the enfranchisement lottery would create a better informed electorate and thus improve the quality of electoral outcomes. On the other hand, universal suffrage is more likely to ensure that elections are seen to (...) be fair, which is important for political stability. This article concludes that, on balance, universal suffrage is prima facie superior to the enfranchisement lottery. Yet the analysis shows that the instrumental case for the ‘one person, one vote’ principle is less conclusive than democratic theorists usually suppose. (shrink)

This article advances three claims. The first is that the standard instrumentalist case for minimal age and sanity requirements for voting is weak and inconclusive in such a way that the evaluation of such requirements should be made exclusively on the basis of procedural fairness considerations. The second claim is that fairness requires the inclusion of all and only those persons who have the franchise capacity: the minimum necessary cognitive and moral powers to experience the benefits of enfranchisement. The (...) third and final claim is that current age and sanity prerequisites for voting in most places fail to comply with the demands of fairness and ought to be revised. (shrink)

Proposals to lower the age of voting, to 15 for example, are regularly met with worries that people that age are not sufficiently ‘competent’. Notice however that we allow people that age to sign binding legal contracts, provided that those contracts are co-signed by their parents. Notice, further, that in a democracy voters are collectively ‘joint authors’ of the laws that they enact. Enfranchising some less competent voters is no worry, the Condorcet Jury Theorem assures us, so long as the (...) electorate's competence averaging across all voters remains better-than-random. (shrink)

The social and cultural model of disability has challenged the historically powerful perception of disability as a deficiency. Disability is no longer conceived of solely in terms of an individual lack of capacities but also considered as a structural effect of disabling social institutions and normalizing thinking. The UN Convention on the Rights of Persons with Disabilities (CRPD) from 2006 marks a decisive step towards the recognition of humans with (cognitive) disabilities as legal subjects who are entitled to enjoy all (...) human rights on equal terms with others. A central claim of the CRPD refers to full political participation of persons with (cognitive) disabilities. This paper argues for strengthening the political participation of persons with severe cognitive disabilities. The normative starting point is the claim that they are our equals, both morally and socially. In spelling out this status equality for the realm of the political, I focus on what political equality and inclusivity means concerning franchise. I will argue that the disenfranchisement of persons with cognitive disabilities, as practiced in many countries, cannot be justified. Furthermore, enfranchising persons with cognitive disabilities is deemed a central expression of their recognition as equals. Thus, it marks a crucial moment of emancipatory transformation towards a more inclusive political system. In cases where severely cognitive disabled persons cannot exercise the right to vote themselves, forms of assisted voting and supported decision-making must be available. (shrink)

Feminist analyses of the roles gender has played in art lead to an alternative theory that emphasizes art's complex interactions with culture(s) rather than the autonomy within culture claimed for it by formalism. Focusing on the visual arts, I extrapolate the new theory from feminist research and compare it with formalist precepts. Sharing Arthur Danto's concern that art has been disenfranchised in the twentieth century by its preoccupation with theory, I claim that feminist thought re-enfranchises art by revisioning its relationship (...) to its contexts. (shrink)

There are two classic principles for deciding who should have a right to vote on the laws, the All Affected Principle and the All Subjected Principle. This article is devoted, firstly, to providing a sympathetic reconstruction of the All Subjected Principle, identifying the most credible account of what it is to be subject to the law. Secondly, it shows that that best account still suffers some serious difficulties, which might best be resolved by treating the All Subjected Principle as a (...) subset of the All Affected Principle with which the All Subjected Principle must in any case be supplemented. (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)

Representing unborn generations to more suitably include future interests in today's climate policymaking has sparked much interest in recent years. In this review we survey the main proposed instruments to achieve this effect, some of which have been attempted in polities such as Israel, Philippines, Wales, Finland, and Chile. We first review recent normative work on the idea of representing future people in climate governance: The grounds on which it has been advocated, and the main difficulties that traditional forms of (...) representation have encountered when applied to this particular case. We then survey existing institutional means to represent generations to come. We separate out representation in courts, in parliament, and by independent bodies, and review specific instruments including climate litigation, parliamentary commissions, future representatives, youth quotas, and independent offices for future generations. We examine the particular forms whereby each of these may suitably represent future people, including audience representation, surrogate representation, and indicative representation, and discuss the main challenges they encounter in so doing. (shrink)

Many authors argue that refugees should be enfranchised independently of citizenship. The enfranchisement of refugees is often seen as crucial for affirming their agency in the politics of asylum. However, most arguments in the literature do not explain why precisely it matters that they exercise their agency in the realm of democratic decision-making, i.e. why it matters that refugees participate in collectively wielding the public power to which they are subjected, rather than passively enjoy protection against the excessive and (...) intrusive exercise of this power. This leaves it unclear what value refugee enfranchisement realises precisely, and what function or role it is meant to play within the overall provision of asylum. My goal is to propose a plausible explanation of the significance of democratic inclusion from the viewpoint of refugees' agency. I argue that refugee enfranchisement affirms refugees' agency by advancing their interest in acting as makers of justice within the political context in which they find themselves. (shrink)

This chapter contains sections titled: Why Asset Ownership? The Content of Work: Meaningful Work The Governance of Work: Protection against Arbitrary Interference The Status of Work: Workers as Property Owners Conclusion References.

Epistemic injustice occurs when people are harmed as knowers, especially when we lack the conceptual and interpretive resources to recognize people as knowers of their own experience. This essay addresses the ways in which concerns about epistemic injustice create a positive obligation to include diverse knowers of ethics within the academy and models a community-based alternative. This is ethical enfranchisement, by which we mean expanding the range of people included within ways of knowing ethical concepts, reflecting on the way (...) people’s experiences are represented in ethical discourse, and allowing priority ethical conversations to be identified by community research. The goal of teaching ethics through enfranchisement is the creation of social infrastructure and exchange between community and classroom. We describe our Re-envisioning Ethics Access and Community Humanities (REACH) Initiative at Salisbury University as an example; a community-based research partnership between public philosophy and community psychology in descriptive ethics. We also explore the obligation held by ethics professionals and academics to enfranchise community members in their conceptualization of ethical concepts, priorities, and knowledge. (shrink)

The debate between legal constitutionalists and critics of constitutional rights and judicial review is an old and lively one. While the protection of minorities is a pivotal aspect of this debate, the protection of disenfranchised minorities has received little attention. Policy-focused discussion—of the merits of the Human Rights Act in Britain for example—often cites protection of non-citizen migrants, but the philosophical debate does not. Non-citizen residents or ‘denizens’ therefore provide an interesting test case for the theory of rights as trumps (...) on ordinary representative politics. Are they the ultimate success story of the human rights framework? Or was Michael Walzer correct to describe government of denizens by citizens as a modern form of ‘tyranny’? This paper argues that neither liberal rights theorists nor democratic republicans provide a coherent response to the existence of denizens. Liberal rights theorists overstate the extent to which a politically powerless status can secure individual rights, while democratic republicans idealise the political process and wrongly assume that all those affected by laws are eligible for political participation. The paper outlines an alternative model for assessing the accountability of states to their non-citizen population, informed by the republican ideal of non-domination. It identifies gaps in state accountability to denizens–such as where there is inadequate diplomatic protection—and argues that these gaps are particularly troubling if their exit costs of leaving the state are high. (shrink)

The banker Pasion, father of the notorious fourth-century litigant and politician Apollodoros, some of whose speeches have survived under the name of Demosthenes, was originally a slave; freed by his owners, he made a substantial fortune from banking and subsequently received Athenian citizenship for his generous gifts to the city. At [Dem.] 59.2 we are given a paraphrase of the decree which enfranchised him: 'Aθηναον εναι Πασωνα κα κγνους τος κενου ‘[the Athenian people voted] that Pasion and his descendants should (...) be Athenian’. In common with inscriptions recording grants of citizenship, and unlike Roman military diplomata, the decree appears to have ignored Pasion's wife Archippe. The silence of the decrees of enfranchisement is echoed in the literary sources, with the result that we have no explicit testimony to the legal status of the wife of an alien who was granted Athenian citizenship. M. J. Osborne assumes that the status of the wife was in no way affected by the grant; she remained an alien. D. Whitehead has argued that in such cases the wife's status was indeterminate; in the event of the death of her first husband she might find herself married either to an Athenian citizen or to an alien, whereupon her status would be defined according to that of her husband. This article will argue that Archippe's status was unaffected by Pasion's receipt of citizenship, that is, that she remained a metic. I shall then proceed to consider the question of the implications of the difference in status of Pasion and Archippe subsequent to his enfranchisement for the legal basis of the relationship between them, and finally draw a tentative conclusion about the date of Pasion's receipt of citizenship. (shrink)

In this article, I claim that at least some young people have the requisite capacity for political participation, and that the exclusion of these young people is in breach of the reasonable expectation that all capable citizens are included in democratic processes. I suggest implementing a capacity test for those under the current age of majority. I outline a system of capacity testing for the youth, distinguish this proposal from prior attempts to justify capacity testing and argue that a suitably (...) constrained capacity testing regime is not simply defensible, but superior to the current system, which arbitrarily excludes some capable members of society from participation. Finally, I explain why only this limited capacity testing regime is acceptable. (shrink)

This article examines the setting of the ages of criminal and participatory responsibility, noting that criminal responsibility is attributed significantly earlier than is participatory responsibility. I claim that the requirements for participatory responsibility are less onerous than those for criminal responsibility, and question the system that denies youth participatory responsibility. I suggest two methods of resolving this difficulty. First, lowering the voting age to enfranchise the capable youth who are currently excluded. Second, modeling criminal responsibility on the Australian doctrine of (...) doli incapax, which gives provisional immunity from the prosecution to youth between ten and fourteen years of age. (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)

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)

Democracies that appoint legislators through elections in territorially defined, sub-national constituencies and simultaneously enfranchise expatriate citizens must either assign expatriate voters to in-country constituencies (assimilated representation) or group them into distinct overseas constituencies that elect their own legislators (discrete representation). This essay critically reviews extant normative discussions of the two models and develops a normative analysis of its own. This suggests that when expatriates form but a small part of a democracy’s overall demos, discrete representation is the more attractive model (...) of expatriate representation as it overall better satisfies four important standards of evaluation, namely: equal opportunities for political influence, deliberation within the legislature, deliberation among constituents, and partisan voter mobilisation. This argument is also defended against the potential objections that the said standards can be satisfied by other means than discrete expatriate representation and that the defence of discrete expatriate representation implies a proliferation of special constituencies. (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)

In 1984, Arthur C. Danto wrote two essays, both with enormously provocative themes. One, “The Philosophical Disenfranchisement of Art,” chronicles aggressive strategies of philosophy to contain and control art, and calls for art's re‐enfranchisement. The second, “The End of Art,” offers a Hegelian model of art history in which art necessarily comes to an end with its own philosophical self‐consciousness. This chapter argues that “The End of Art” is an astonishing confirmation of Danto's thesis in “The Philosophical Disenfranchisement of (...) Art.” Plato's definition of art as mere appearance, then, is less a theory of art than it is a strategy for showing art to be metaphysically defective. Each artistic movement generated a theory of art as it explored art's nature in greater and greater depth. Danto's characterization of philosophy includes an assumption that only the elements form the appropriate methodology for the task of self‐understanding. (shrink)

Who should have a right to participate in a polity’s decision-making? Although the answers to this ‘boundary problem’ in democratic theory remain controversial, it is widely believed that the enfranchisement of tourists and children is unacceptable. Yet, the two most prominent inclusion principles in the literature – Robert Goodin’s ‘all (possibly) affected interests’-principle and the ‘all subjected to law’-principle – both enfranchise those groups. Unsurprisingly, democratic theorists have therefore offered several reasons for nonetheless exempting tourists and children from the (...) franchise. In this paper, I argue that their attempts fail. None of the proposed rationales can do the job without having unacceptable implications for the voting rights of other groups. I then develop a new specification of the affected interests-view, one that avoids such problems. According to my life plan-principle, a person is entitled to participate in a polity’s decision-making if and only if its decisions will actually affect her autonomously chosen life plans, or prevent her from developing or revising plans of that kind. I show that this principle straightforwardly avoids enfranchising tourists and children, and thus improves upon its two prominent rivals. The paper ends by considering and rejecting two objections to my new principle. (shrink)

In this article we argue that the emergence of a new form of organization – community enterprise – provides an alternative mechanism for corporations to behave in socially responsible ways. Community enterprises are distinguished from other third sector organisations by their generation of income through trading, rather than philanthropy and/or government subsidy, to finance their social goals. They also include democratic governance structures which allow members of the community or constituency they serve to participate in the management of the organisation. (...) Partnerships between corporations and community enterprises therefore raise the possibility of corporations moving beyond philanthropic donations toward a more sustainable form of intervention involving long-term commitments to communities. At the same time they change substantively the nature of any collaboration by allowing relationships to proceed on the basis of mutual advantage, thereby broadening their appeal and scope. In doing so, partnerships build capacity and enfranchise communities in a way that avoids the paternalism that has traditionally characterised relationships between corporations and voluntary sector organisations. Power relations are transformed because partners are seen as sources of valuable assets, knowledge and expertise, rather than recipients of patronage or charity. (shrink)

Women's exclusion from political enfranchisement in Kant's political writings has frequently been noted in the literature, and yet has not been closely scrutinized. More often than not, commentators suggest that this reflects little more than Kant's sharing in the prejudices of his era. This paper argues that, for Kant, women's civil incapacities stem from defects relating to their capacities as moral agents, and more specifically, to his teleological account of the conditions within which we, as imperfect beings, develop our (...) moral capacities. Women are not incidentally or tangentially excluded from the boundaries of political and moral agency, but rather must adopt an explicitly nonmoral character if we are to understand humanity as moving toward its naturally given, moral ends. I argue (1) that Kant's teleological view of human development requires women to develop an explicitly nonmoral character; (2) that this teleology is inextricable from his view of the moral agency that human—and not merely rational—beings are capable of; and (3) that taken together, these suggest that women's subordinate status is internally connected to Kant's view of moral personhood. (shrink)

Epistocratic systems of government have received renewed attention, and considerable opposition, in recent political philosophy. Although they vary significantly in form, epistocracies generally reject universal suffrage. But can they maintain the advantages of universal suffrage despite rejecting it? This paper develops an argument for a significant instrumental advantage of universal suffrage: that governments must take into account the interests of all of those enfranchised in their policy decisions or else risk losing power. This is called ‘the Interests Argument’. One problem (...) for the Interests Argument is that governments are not entirely responsive to voter interests, partly because voters do not always know what is in their interests. I will show how this epistemic claim can be used to support certain forms of epistocracy, but deny that it undermines the Interests Argument. I then consider whether we can identify forms of epistocracy that preserve the benefits of the Interests Argument whilst overcoming the epistemic limitations of democracy. I propose six forms of epistocracy, and argue that two are able to maintain these benefits, hence providing an evaluation of the relative strengths of these epistocracies with respect to one of the most valuable instrumental benefits of universal suffrage. Whilst epistocracy lacks many of the advantages of democracy, this paper shows that some forms fare better than others. (shrink)

Organizations have neither a right to the vote nor a weighty right to life. We need not enfranchise Goldman Sachs. We should feel few scruples in dissolving Standard Oil. But they are not without rights altogether. We can owe it to them to keep our promises. We can owe them debts of gratitude. Thus, we can owe some things to organizations. But we cannot owe them everything we can owe to people. They seem to have a peculiar, fragmented moral status. (...) What explains this? Individualistic views explain this in terms of individualistic notions alone. Such notions don’t invoke any distinctive features of organizations. They just invoke the features of individual members of organizations. Collectivistic views, instead, explain this in terms of collective notions alone. Such notions don’t invoke the features of individual members of organizations. They just invoke the features of those organizations. We argue that neither approach works. Instead, one needs to synthesize the two approaches. Some individual interests, we think, are distinctively collective. We, as individuals, have a distinctive interest in playing a part in successful collective action. From this, so we argue, flows the apparently peculiar, fragmented moral status of organizations. (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)

This paper puts forward an argument for stakeholder rights. It begins by exploring two major answers to the question, 'in whose interests should the commercial company function?'. One claims parity for other stakeholders alongside the shareholder on the basis of a theory of property rights, and another on a theory of citizenship. Each of these answers, it is argued, fail to convince. The way forward is to recast the initial question, not asking in whose interest the company should function, but (...) which type of interest, potentially located in any sort of person, might the company serve. That interest is identified and distinguished from others that people affected by corporations might have. These distinctions then provide the basis for an argument in favour of enfranchising two sorts of individual: sovereign stakeholders, in charge of monitoring the formulation and revision of company objectives; and secondary stakeholders, who along with those in the first category monitor the means used to achieve those objectives.The paper concludes that these distinctions should lead us to reconsider other elements in the corporate governance debate, such as the nature of a director's fiduciary duty; and the difference between democracy in corporations and democracy in the wider society. (shrink)

The familiar complaint that some ambitious proposal is infeasible naturally invites the following response: Once upon a time, the abolition of slavery and the enfranchisement of women seemed infeasible, yet these things were actually achieved. Presumably, then, many of those things that seem infeasible in our own time may well be achieved too and, thus, turn out to have been perfectly feasible after all. The Appeal to History, as we call it, is a bad argument. It is not true (...) that if some desirable state of affairs was actually achieved, then it was feasible that it was achieved. “Actual” does not imply “feasible,” as we put it. Here is our objection. “Feasible” implies “not counterfactually fluky.” But “actual” does not imply “not counterfactually fluky.” So, “actual” does not imply “feasible.” While something like the Flukiness Objection is sometimes hinted at in the context of the related literature on abilities, it has not been developed in any detail, and both premises are inadequately motivated. We offer a novel articulation of the Flukiness Objection that is both more precise and better motivated. Our conclusions have important implications, not only for the admissible use of history in normative argument, but also by potentially circumscribing the normative claims that are applicable to us. (shrink)

Kant's political philosophy draws a distinction between 'passive' citizens who are merely protected by the law and 'active' citizens who may also contribute to it. Although the distinction between passive and active citizens is often dismissed by scholars as an 'illiberal and undemocratic' relic of eighteenth century prejudice, the distinction is found in every democracy that distinguishes between mere inhabitants -- such as tourists and guestworkers -- and enfranchised citizens. The purpose of this essay is both interpretive and suggestive. First, (...) I will argue that Kant's mature distinction between active and passive citizens follows from an institutional deficiency in the the developing state rather than the natural deficiency of passive citizens, as Kant's critics have alleged. Second, I will draw on systematic features of Kant's political thought in order to claim that the state has a duty to create the institutional conditions of universal active citizenship. (shrink)

Until relatively recently, few democrats had much to say about the constitution of the ‘demos' that ought to rule. A number of recent writers have, however, argued that all those whose interests are affected must be enfranchised if decision-making is to be fully democratic. This article criticizes this approach, arguing that it misunderstands democracy. Democratic procedures are about the agency of the people so only agents can be enfranchised, yet not all bearers of interests are also agents. If we focus (...) on agency, rather than who is affected, then this leads us to focus on the permissible limits of action, rather than who makes the decision. Just as individual sovereignty is ordinarily limited by the requirement not to injure others, we may apply similar restrictions to what a demos can permissibly do. Thus, any collection of individuals may choose to regulate their affairs collectively for mutual benefit, but should be prohibited from imposing negative externalities on outsiders. On this view, the constitution or definition of the demos is arbitrary, from the democratic point of view. Moreover, democracy does not require the expansion of the franchise, unless injuries cannot be avoided. (shrink)

Public justification in political liberalism is often conceptualized in light of Rawls’s view of its role in a hypothetical well-ordered society as an ideal or idealizing form of justification that applies a putatively reasonable conception of political justice to political matters. But Rawls implicates a different idea of public justification in his doctrine of general reflective equilibrium. The paper engages this second, more fundamental idea. Public justification in this second sense is actualist and fundamental. It is actualist in that it (...) fully enfranchises actual reasonable citizens. It is fundamental in that political liberalism qualifies conceptions of political justice as reasonable to begin with only if they can be accepted coherently by actual reasonable citizens. Together, these features invite the long-standing concern that actualist political liberalism is objectionably exclusionary. I argue that the exclusion objection, while plausible, is more problematic in own right than it seems if actualist and fundamental public justification hypotheticalizes and discursive respect is compatible with substantive discursive inequality. This leaves proponents and critics of political liberalism with deeper questions about the nature of permissible discursive inequality in public justification. (shrink)

This essay begins with a critique of the Critical-Logical model dominant in contemporary argumentation theory. The concerns raised stem primarily from considerations brought by several feminist thinkers including Carol Gilligan, Karen Warren, Deborah Tannen and, most especially, Andrea Nye. It is argued that, in light of these considerations, and concerns of essentialism or non-essentialism notwithstanding, that the Critical-Logical model is liable to dis-enfranchise a significant part of the population with regard to modes and styles of reasoning. The solution is found (...) in coalescent reasoning, an approach to argumentation that focuses on finding agreement rather than emphasizing disagreement and criticism. (shrink)

This paper explains alternative views about the nature and value of childhood, and how particular conceptions of childhood matter to a practical issue relevant to the topic of the book: children's voting rights. I don't defend any particular view on this matter; rather, I explain how recent accounts of what is uniquely good or bad about being a child bear on arguments for and against enfranchising children. I also explain why children who live in a society in which many adults (...) fail to comply with their duties of intergenerational justice have a weightier interest in voting, and hence why the case for children's enfranchisement is stronger in such cases. (shrink)

Theory appears to have played the ideological-institutional role of enfranchiser, even if the role was ulti-mately an epiphenomenal one. Furthermore, the expectation of gold in "them thar hills" also encouraged too many university presses to invest in film publications, especially when the arcane peregrinations of Theory facilitated their rationalization of their relaxation of their traditional role as academic gatekeepers. Hence film studies has been flooded with repetitive decoctions of the Theory in search of the same market in much the same (...) way that con-sumers are confronted with so many marginally differentiated shampoos. (shrink)

This paper discloses the intellectual context of the feminist arguments English philosopher Harriet Taylor Mill (1807-1858) gives in her essay “Enfranchisement of Women” (1851). It will discuss to what extent Taylor Mill’s feminist views have been influenced by, and contributing to, Unitarianism and radical Unitarianism. My analysis of Taylor Mill’s essay focuses on three core aspects of the Unitarian tenet: its philosophy of history, its educational theory, and the “marriage as slavery”-trope of the radical Unitarians. I thereby provide an (...) account of the influences on Taylor Mill’s thought that are both separate from, and even predate her meeting with J.S. Mill. (shrink)

By the standard of popular approval, the South African state has no legitimacy, since only whites are enfranchised and blacks are being denationalized. This institutionalized politicization of ethnicity increasingly erodes the efficiency of private and state institutions alike. Enforced ethnic identities without representative leadership undermine proposed liberal arrangements of negotiated power-sharing as well as the government policy of cooptation. In the absence of political democracy, politicized labor relations substitute for restricted mobilization elsewhere. There are three basic responses to this legitimation (...) crisis of the South African state: 1) the radical left response of revolutionary reversal of power 2) the reformist business response of co-optation and 3) the technocratic government response of further political separation with increased economic collaboration. (shrink)

John Stuart Mill (1806-73) is widely regarded as the leading liberal philosopher, economist, and political theorist of nineteenth century Britain. In his lifetime he was best known for his System of Logic (1843) and the Principles of Political Economy (1848). Today Mill is chiefly identified with On Liberty (1859), perhaps the definitive text of modern liberal statement of its subject, and probably the single most important work of modern political thought. Mill was also the first major male feminist thinker of (...) the period (author of The Subjection of Women, 1869), and the first, as an MP, to introduce a bill for female enfranchisement before Parliament. This Very Short Introduction offers a brief survey of the life and key ideas of this most influential Victorian British writer. Moving chronologically, Gregory Claeys outlines the philosophical background out of which Mill developed, chiefly through the ideas of Jeremy Bentham and James Mill. He demonstrates how Mill's personal life, especially his 'mental crisis' of 1827, and his relationship with Harriet Taylor, were integral to his intellectual development. Throughout Claeys considers Mill's key works set within the context of his lesser writings and correspondence, and discusses the more controversial aspects of his thought concerning religion, secularism, and birth control. (shrink)

Citizenship is a central concept in political philosophy, bridging theory and practice and marking out those who belong and who share a common civic status. The injustices suffered by immigrants, disabled people, the economically inactive and others have been extensively catalogued, but their disadvantages have generally been conceptualised in social and/or economic terms, less commonly in terms of their status as members of the polity and hardly ever together, as a group. -/- This volume seeks to investigate the partial citizenship (...) which these groups share and in doing so to reflect upon civic marginalisation as a distinct kind of normative wrong. For example, it is not often considered that children, though their lack of civic and political rights are marginal citizens and thus have something in common with other marginalised groups. Each of the book’s chapters explores some theoretical or practical aspect of marginal citizenship, and the volume as a whole engages with pressing debates in law and political theory, such as the limits of democratic inclusion, the character of social justice, the integration of migrants, and the enfranchisement of prisoners and children. -/- This book was published as a special issue of the Critical Review of Social and Political Philosophy. (shrink)

The theory I present and defend in this paper—what I term the art type theory— holds that something is a work of art iff it belongs to an established art type. Something is an established art type, in turn, either because its paradigmatic instances standardly satisfy eight art-making conditions, or because the art world has seen fit to enfranchise it as such. It follows that the art status of certain objects is independent of what any individual or culture might say (...) about it, while the art status of others fundamentally depends on the judgment of the art world. Because of the theory's quasi-institutional component, I conclude by defending it against four objections that have been raised against institutional definitions. (shrink)