Radu Carp, Dacian Gratian Gal, Sorin Muresan, Radu Preda, Principles of Popular Thought. Christian Democratic Doctrine and Social Action, Eikon: Cluj, 2006.

The world is experiencing a crisis of constitutional democracies. Populist leaders are abusing constitutional mechanisms, such as formal procedures of constitutional change, in order to erode the democratic order. The changes are, very often, gradual, incremental, and subtle. Each constitutional change, on its own, may not necessarily amount to a serious violation of essential democratic values. Yet, when examined in the context of an ongoing process, such constitutional changes may prove to be part of the incremental, gradual process (...) of democratic erosion in which the whole is greater than the sum of its parts. This Article explores how courts can respond to such constitutional changes. We argue the Unconstitutional Constitutional Amendment Doctrine should be adapted to respond to existing constitutional practices that utilize incremental and subtle amendments to dismantle the democratic order. We suggest that an aggregated judicial review should be developed. We must also rethink the automatic immunity – the result of two hundred years of revolutionary constitutional theory – provided to complete constitutional replacement from constitutional restrictions and scrutiny. Finally, as opposed to the instinct to require judicial self-restraint with respect to constitutional changes that concern the judiciary itself, we suggest that this is perhaps the type of changes that require strictest scrutiny. (shrink)

On 31 August 2001 in Lima, Peru, Christian Pardo Reyes started a campaign – operating through events and publications – to introduce a quota system to reflect the need to involve youth at all levels of government power. His organisation became the Internacional Juvenil. To achieve its goals, it established strong relationships with other youth organisations, state agencies and influential political leaders. Here Christian Pardo Reyes tells the story.

On 31 August 2001 in Lima, Peru, Christian Pardo Reyes started a campaign – operating through events and publications – to introduce a quota system to reflect the need to involve youth at all levels of government power. His organisation became the Internacional Juvenil. To achieve its goals, it established strong relationships with other youth organisations, state agencies and influential political leaders. Here Christian Pardo Reyes tells the story.

What has come to be known as ‘the Bush Doctrine’ is an idealistic approach to international relations that imagines a world transformed by the promise of democracy and that sees military force as an appropriate means to utilize in pursuit of this goal. The Bush Doctrine has been described in various ways. It has been called ‘democratic realism,’ ‘national security liberalism,’ ‘democratic globalism,’ and ‘messianic universalism’.1 Another common claim is that this view is ‘neoconservative’.2 In what (...) follows I will employ the term ‘neoconservative’ as a convenient and commonly accepted name for the ideas that underlie the Bush Doctrine. The Bush Doctrine has been expressed in numerous speeches by President Bush and members of his administration.3 It is stated in the policy of the National Security Strategy of the United States.4 And it was employed in the invasion of Iraq. The hopeful aspiration of the Bush Doctrine is that democratization will result in peace. (shrink)

What has come to be known as ‘the Bush Doctrine’ is an idealistic approach to international relations that imagines a world transformed by the promise of democracy and that sees military force as an appropriate means to utilize in pursuit of this goal. The Bush Doctrine has been described in various ways. It has been called ‘democratic realism,’ ‘national security liberalism,’ ‘democratic globalism,’ and ‘messianic universalism’.1 Another common claim is that this view is ‘neoconservative’.2 In what (...) follows I will employ the term ‘neoconservative’ as a convenient and commonly accepted name for the ideas that underlie the Bush Doctrine. The Bush Doctrine has been expressed in numerous speeches by President Bush and members of his administration.3 It is stated in the policy of the National Security Strategy of the United States.4 And it was employed in the invasion of Iraq. The hopeful aspiration of the Bush Doctrine is that democratization will result in peace. (shrink)

The purpose of this article is to consider the question of whether democratic legitimacy requires viewpoint neutrality with regard to political speech – including extremist political speech, such as hate speech. The starting point of my discussion is Jeremy Waldron’s negative answer to this question. He argues that it is permissible for liberal democracies to ban certain extremist viewpoints – such as vituperative hate speech – because such viewpoint-based restrictions protect the dignity of persons and a social and moral (...) environment of mutual respect. According to Waldron, well-drafted narrow hate speech bans are not democratically illegitimate, and they do not undermine systemic democratic legitimacy – that is, the legitimacy of a democratic political system. In contrast to Waldron, I will argue that democratic legitimacy requires viewpoint neutrality to respect persons as thinking agents. I will defend a civil libertarian doctrine of viewpoint neutrality, and this doctrine requires that citizens in liberal democracies ought to have a legal free speech right to do moral wrong – that is, a legal right to express and defend any political viewpoint or idea, even if it is morally wrong to express, or expose others to, such views. It will be argued that any viewpoint-based restriction on public discourse is democratically illegitimate, and that such restrictions undermine systemic democratic legitimacy. (shrink)

I argue that some instances of constitutional religious establishment can be consistent with an expressivist interpretation of democratic legitimacy. Whether official religious endorsements disparage or exclude religious minorities depends on a number of contextual considerations, including the philosophical content of the religion in question, the attitudes of the majority, and the underlying purpose of the official status of the religious doctrine.

The Religion of Humanity has typically been associated with Auguste Comte's positivism. Within liberal philosophical debate, John Stuart Mill's measured advocacy for it has received some attention, especially given his otherwise well-known emphasis on the tension between religion and liberty. Yet Alexis de Tocqueville's perceptive awareness of the Religion of Humanity as an evolving phenomenon, expressed through his discussion of democratic poetry, remained largely unnoticed. Of course, Tocqueville's essential religio-political task was to promote a modified version of Christianity and (...) buttress the standing of religious morality as an outside barrier against human action motivated by democratic materialism, notwithstanding the secular doctrine of self-interest well understood. Indeed, despite the neutral tone of Tocqueville's discussion of democratic poetry, elsewhere his critique of democratic pantheism, writers and orators, theatre, and historians warned against excessive veneration of humanity, which amounted to a sublimation of the dogma of the sovereignty of the people. (shrink)

The development of the theory of deliberative democracy is connected to the completion of two tasks. The first is to combine broad political participation with the rationality of the political process. The second is to ensure the political unity of modern societies, which are characterized by a pluralism of often incompatible values, norms, and lifestyles. Within the framework of this theory, the key democratic procedure is rational deliberation open to all interested parties. The purpose of this procedure is to (...) reach an agreement, as stated in the theory of Jurgen Habermas. However, experimental studies of deliberative practices show that they may result not in agreement but in the radicalization of positions. Unlike Habermas, John Rawls believes that a consensus on values and norms is unattainable. His theory of political liberalism attempts to answer the question of how political unity is possible in practically insoluble conflict, that is, in a situation of disagreement. He proposes the ideal of a well-ordered society with the assumption that a just society is one in which there is no agreement on comprehensive doctrines, but there is a consensus on the basic principles of justice. However, Rawls’s theory, in turn, faces a number of significant problems. For example, he was forced to admit that the democratic culture of society is a prerequisite for the formation of basic principles of justice in a well-ordered society. Rawls’s idea about the connections among disagreement, political freedom, and democracy influenced the further development of the theory of democracy, stimulating the search for different models of decision-making and the formation of political will without rational agreement. After all, the possibility of democracy lies in the conflict of ideas about justice and good. (shrink)

Gary Dann criticises my argument that democratic values education requires a moral realist framework. In this paper I argue that Dann's critique contains three basic confusions: (1) He assumes that moral realism necessarily implies evidentialism. (2) He assumes that moral realism gives priority to philosophical thinking as over against common sense reasoning. (3) He forgets that realism is primarily an ontological rather than an epistemological doctrine.

We all live in the age of constitutional balancing.ing away differences of nuance and doctrinal detail, balancing is a common feature of the structure of rights analysis across contemporary constitutional systems. Indeed, abstracting just a little further still, balancing is an inherent part of the near-universal general conception of a constitutional right as an important prima facie claim that nonetheless can in principle be limited or overridden by certain non-constitutional rights premised on conflicting public policy objectives. It is not surprising, (...) then, that a significant literature about balancing has developed at both domestic and comparative levels. What is surprising is that so little of this literature has attempted to present the normative case for constitutional balancing or the general structure of rights analysis of which it is an inherent part. Rather, the existing scholarship has mostly focused on five other tasks: describing and comparing first-order practices of balancing; providing second-order conceptual analyses; explaining balancing's rise to dominance; advancing critiques of balancing; and rebutting these critiques. In this article, I attempt to present one particular normative justification of constitutional balancing; namely a democratic justification. I argue that balancing appropriately bolsters the role of majoritarian decision-making about rights within a system of constitutional democracy. It thereby renders entrenched rights enforced by the power of constitutional or judicial review more consistent with certain enduring democratic concerns. I also explain the implications of this justification for how courts should exercise their powers of review. (shrink)

Political theory is notoriously a hodgepodge. Whatever its status may be, no one would claim that it today occupies a standing comparable to that of economic theory. Theorists variously attempt to justify or to explain, to provide bases for prediction or frameworks for analysis. Even within the realm of democratic theory there is no “august corpus,” in Holmes's phrase, no body of closely articulated propositions with which in general all agree, subject only to differences of emphasis or in detail. (...) One hears of “classical” democratic theory; but if it must include both Locke and Rousseau, Bentham and the two Mills, not to mention T. H. Green and other democratic Idealists, it is clear that it is a bundle of theories rather than a single body of doctrine. Likewise we hear today of “revisionist” democratic theory, the theory of polyarchy or pluralist democracy, and most recently theories of “participatory democracy,” which even out-Rousseau the great Genevan. (shrink)

David Estlund’s Democratic Authority develops a novel doctrine of “normative consent,” according to which the nonconsent of those with a duty to consent is null. This article suggests that this doctrine can be defended by confining it to contexts involving consent to an authority, which raise distinctive normative challenges, but argues that Estlund’s attempt to deploy the doctrine fails, for it does not provide convincing reasons to think that citizens have any duty to consent. In closing, (...) the article suggests that the doctrine of normative consent might yet do some useful work in a quite different theoretical setting. (shrink)

India has a long, rich, and diverse tradition of philosophical thoughts, spanning some two and a half millennia and encompassing several major religious traditions. India’s democracy can be said to rest on the foundation of religious practice due to the practice of multi-religions and different sects in its continent. Religious practices ties among citizens that generate positive and democratic political outcomes if we see it from the ideals of any religious doctrine as per their written scripture. But in (...) society religious practices (not religious doctrine) do not show equality and usually go against their own religious doctrine as preached in their religious places. It is also evident that religious denomination (Catholic, Hindu, Muslim, Sikh etc.) comes as a barrier when we practice democratic ideals in society and make social situation worst. How these religious practices contribute for a society where we can discuss the ideals of freedom, equality and brotherhood for a Just Society and become mean of interreligious dialogue in multi-religious society? this is a big question to think . The objective of this paper is to study the dimensions of religious practices in Indian society and how these practices can contribute in interreligious dialogue to make atmosphere of peace, understanding and harmony in the society. (shrink)

David Estlund’s Democratic Authority develops a novel doctrine of “normative consent,” according to which the nonconsent of those with a duty to consent is null. This article suggests that this doctrine can be defended by confining it to contexts involving consent to an authority, which raise distinctive normative challenges, but argues that Estlund’s attempt to deploy the doctrine fails, for it does not provide convincing reasons to think that citizens have any duty to consent. In closing, (...) the article suggests that the doctrine of normative consent might yet do some useful work in a quite different theoretical setting. (shrink)

In Democratic Authority, David Estlund argues that decision-procedures are to be judged solely by their tendency to generate morally superior decisions, but that because any relationship of authority must be acceptable to all qualified moral points of view, the epistemic benefits of less equal procedures must be evident beyond qualified objection. If all doctrines involved in political justification must be qualifiedly acceptable, however, the qualified acceptability requirement must itself be acceptable to qualified points of view. This article provides reasons (...) for doubting that this ‘insularity’ can be achieved, and explores ways of reformulating the principle so that it does not exclude itself. (shrink)

Nancy MacLean’s book, Democracy in Chains, raised questions about James M. Buchanan’s commitment to democracy. This paper investigates the relationship of classical liberalism in general and of Buchanan in particular to democratic theory. Contrary to the simplistic classical liberal juxtaposition of “coercion vs. consent,” there have been from Antiquity onwards voluntary contractarian defenses of non-democratic government and even slavery—all little noticed by classical liberal scholars who prefer to think of democracy as just “government by the consent of the (...) governed” and slavery as being inherently coercive. Historically, democratic theory had to go beyond that simplistic notion of democracy to develop a critique of consent-based non-democratic government, e.g., the Hobbesian pactum subjectionis. That critique was based firstly on the distinction between contracts or constitutions of alienation (translatio) versus delegation (concessio). Then the contracts of alienation were ruled out based on the theory of inalienable rights that descends from the Reformation doctrine of inalienability of conscience down through the Enlightenment to modern times in the abolitionist and democratic movements. While he developed no theory of inalienability, the mature Buchanan explicitly allowed only a constitution of delegation, contrary to many modern classical liberals or libertarians who consider the choice between consent-based democratic or non-democratic governments (e.g., private cities or shareholder states) to be a pragmatic one. But Buchanan seems to not even realize that his at-most-delegation dictum would also rule out the employer-employee or human rental contract which is a contract of alienation “within the scope of the employment.”. (shrink)

WHAT DOES RESPECT REQUIRE OF RELIGIOUSLY MOTIVATED CITIZENS AS they support coercive public policies? In his recent work, Christopher Eberle argues against the doctrine of restraint, a norm that requires citizens to refrain from supporting laws for which public reasons are unavailable. Against Eberle, I defend the doctrine of restraint as a necessary corollary to liberal democratic respect. For this defense, I draw from one imaginary case, Robert Audi's example of "sacred dandelions" and laws banning lawn maintenance, (...) and one real-world dispute, current debates about same-sex marriage policies. I argue that the doctrine of restraint when coupled with an inclusive definition of public reason better accords with our intuitive sense of what respect requires in both cases. (shrink)

When we ask modern questions about democracy and democratization, we have to clarify the meaning of these words. It has been 21 years since the Velvet Revolution and we still think that it had to do with democracy and the democratization of our Czechoslovak society in that time, as if the common use of the word "democratization" makes possible the expression or the vindicate one´s own opinion. There is a question whether the majority of our society was thinking this way. (...) In this context it would be very interesting to see the practical purposes of our Church society during the revolution, as hierarchic or as non-hierarchic. Also there are still the voices of some people that echo the unpreparedness of the Church for this modern world, especially when communicating with the faithful and the society. . (shrink)

The social thought of Castoriadis and Lefort address Old World constellations. Yet both are positioned in a critical relationship to the Enlightenment and Romanticism, and pose questions about power, the political and citizenship relevant to different civilizational settings. Two political philosophies that emerged in the era of revolutionary critique are examined in this paper alongside Castoriadis and Lefort. Thomas Jefferson’s philosophy of republic and empire and Simon Bolivar’s creed of independence were American visions that connected with the political imaginary. Each (...) set down traditions open to interpretation and mythologisation. Both invoked an older rivalry of two images of the New World, as American or as Colombian, which was really a rivalry of Spanish and British Empires and their civilizational influences. Where earlier republican visions developed at the cusp of virtue and interest cultures had posed a particular range of questions about democracy, civic constitution and independence, American states now contained democratic and authoritarian potential. Even though Castoriadis and Lefort did not make these American contexts the centre of their work, each conceive the political and politics in ways that are relevant to American modernities. A key argument put in this paper with respect to Castoriadis and Lefort is that Castoriadis’s conception of creation is more salient to the republican revolutions more generally, while Lefort’s notion of political imaginary finds a strong case in the North American revolution. (shrink)

Author analyses the teaching of the Ukrainian Greek-Catholic Church over importance of democratic elections. The principles, which Church proposes as background to participation in elections, are explored.

This is the third of the four essays in Part II of the book on liberalism and traditionalist education; all four are by authors who would like to find ways for the liberal state to honour the self-definitions of traditional cultures and to find ways of avoiding a confrontation with differences. David Blacker’s essay on civic friendship and democratic education develops a Rawlsian conception of civic friendship, the scaffolding of which is necessarily provided by the wide range of comprehensive (...) conceptions of the good that characterize democratic societies. Thus, Blacker argues, a democratic civic education ‘allows citizens to embrace democracy on their own terms, drawing support for democracy’s requisite political conceptions from the perspectives of citizens’ many different secular and/or religious comprehensive doctrines’. For Blacker, a conception of civic friendship that is friendly to citizens’ multiple comprehensive doctrines also entails a substantial lowering of the ‘wall of separation’ between church and state so that courts might be more willing than they currently are to allow the use of state funds to support religious groups, in particular where these groups perform functions within public schools that converge with public interests. The essay concludes by proposing and defending two American educational policy initiatives that are consistent with Blacker’s politically liberal ideal of civic friendship – the revival of a ‘school stamps’ plan first proposed in the 1970s, and a modified version of a ‘clergy in the schools’ programme recently struck down by a federal circuit court in Texas. (shrink)

This paper attempts to nudge the reader in the direction of an enlightened account of democratic choice, a sense of reflective choice which undermines our present support of discriminatory sectarian doctrine. I use Gutmann’s and Altman’s views as prologues to my own, though they might well reject my conclusions about discriminatory religion. I contrast my view with Macedo’s, Gray’s, Larmore’s, Rosenblum’s, and Galston’s.My argument utilizes common sense and relatively uncontroversial metaphysical principles to make it more difficult to dismiss (...) as being on an ontic par with the discriminatory doctrines which it challenges. I argue that discriminatory religion might be allowed to continue to be practiced and expressed by those who would pay their own way, much as with hate groups generally, but I view our continued public subsidization of it as a failure to recognize it for what it is. (shrink)

This volume combines rigorous empirical and theoretical analyses with political engagement to look beyond reductive short-hands that ignore the historical evolution and varieties of Islamic doctrine and that deny the complexities of Muslim societies' encounters with modernity itself. Are Islam and democracy compatible? Can we shed the language of 'Islam vs. the West' for new political imaginaries? The authors analyze struggles over political legitimacy since the Arab Spring and the rise of Al Qaeda and ISIS in their historical and (...) political complexity across the MENA (Middle East and North Africa) region. Distinguishing multiculturalism from interculturalism and understanding multiple modernities, philosophers in the volume tease out the complexities of civilizational encounters. The volume also shows how the Paris massacres or the Danish caricature controversy do not remain confined to Europe but influence struggles and confrontations within Muslim societies. Gender and Islam are addressed from a comparative perspective bringing into conversation not only the experience of different Muslim countries with Islamic law but also by analysing Jewish family law. (shrink)

This paper attempts to nudge the reader in the direction of an enlightened account of democratic choice, a sense of reflective choice which undermines our present support of discriminatory sectarian doctrine. I use Gutmann’s and Altman’s views as prologues to my own, though they might well reject my conclusions about discriminatory religion. I contrast my view with Macedo’s, Gray’s, Larmore’s, Rosenblum’s, and Galston’s.My argument utilizes common sense and relatively uncontroversial metaphysical principles to make it more difficult to dismiss (...) as being on an ontic par with the discriminatory doctrines which it challenges. I argue that discriminatory religion might be allowed to continue to be practiced and expressed by those who would pay their own way, much as with hate groups generally, but I view our continued public subsidization of it as a failure to recognize it for what it is. (shrink)

This essay by the Dutch modernist writer Menno ter Braak, ‘National Socialism as a Doctrine of Rancour’, was written in 1937 just before the German annexation of the Netherlands. It is a rare examination of how the concept ressentiment can be used to analyse 1930s National Socialism, outlining the ways in which the fascist variant of ressentiment is both distinctive and also, nonetheless, connected to its democratic and socialist versions. The essay develops Nietzsche’s and Scheler’s understandings of ressentiment (...) by applying them to fascism, insisting on the centrality of the moral sentiment of ressentiment not just to populism but to all forms of democracy, and to any philosophical or political orientation committed to an ideal of equality, indeed to all of modern society, culture and politics. (shrink)

Guided by the concept of bullshit, broadly defined as a deceptive form of rhetoric intended to distract and/or persuade, we examine how fabrications and false statements— when crafted and distributed by the president of the United States—impact not only foreign policy making and implementation but also erode democratic norms. Unconstrained by reality, and seemingly driven more by celebrity and showmanship than a genuine desire to govern, we argue that President Trump’s penchant for bullshit is part of a concerted strategy (...) to sideline critics while simultaneously undermining the ongoing investigations into the Trump campaign’s alleged collusion with the Russian government. (shrink)

The serviceability of the doctrine is apparent. Those who hope to understand world affairs will naturally resist it. The February elections in Nicaragua are a case in point. The forces at work within Nicaragua are surely worth understanding, the reactions to the elections here no less so -- far more so, in fact, in terms of global import and long-term significance, given the scale and character of U.S. power. These reactions provide quite illuminating insight into the dominant political culture. (...) They provide further and quite dramatic evidence that the concept of democracy is disappearing even as an abstract ideal. (shrink)

The electoral college is inconsistent with the underlying principles of the US constitution and the basic ideas of John Rawls' theory of justice. The college introduces an undefined variable into the basic structure and violates the Rawlsian idea of a stable society and public reason. Public reason involves constitutional essentials of the basic structure and constitutive of the overlapping consensus of reasonable comprehensive doctrines. Since the electoral college need not respect the majority vote of the citizenry nor publicly justify its (...) vote, it violates the idea of public reason of citizens as free and equal since political discourse must be public and consistent with the principles implicit in the basic structure. (shrink)

This study analyzes the ideals of responsibility and accountability, asking such questions as when it is legitimate to blame top officials of an organization for mistakes made by personnel below them in the bureaucratic hierarchy; when things go wrong in a large and complex organization like the Canadian Forces, who is responsible and accountable; and whether a plea of ignorance is a good excuse. The study also analyzes the doctrine of ministerial responsibility in both the British and Canadian parliamentary (...) traditions, asking whether it is realistic to expect that a government minister should be held responsible for everything that goes wrong in his/her department. Finally, traditional military values are examined, considering the kinds of attitudes and values expected from Canada's armed forces and the differences between the military and civilian sectors. (shrink)

There is renewed scholarly interest in studying the dynamics of constitutional revolutions and the explanations for the rise of constitutional courts around the world. At the same time, there is growing discussion of democratic backsliding and concern that democracies are exhibiting extremism, weakening of opposition forces and constitutional courts, and violations of civil and political rights that are pertinent to vibrant democracies. Scholars try to study both phenomena and understand the relationship between them. Israel is an important case study (...) for both agendas. This Article analyzes the jurisprudence of Aharon Barak, one of the greatest jurists of our time with a worldwide reputation for revolutionizing both Israeli constitutional law and comparative constitutional law. It explains the tactics and strategy used by Barak to revolutionize Israeli constitutional law on issues of reasonableness, proportionality, standing, justiciability, constitutional review, equality, and supra-constitutional law. It reveals how each revolution paved the way for the next. It offers explanations for the effectiveness of these judicially-led revolutions as well as possible bases for their legitimation. Barak was a common law judge and ultimately treated parliamentary sovereignty as a doctrine arising from common law and constrained by common law, though he never quite put it in these terms. The Article concludes with explanations for the political backlash experienced by the current Israeli Supreme Court that some have characterized as democratic backsliding. It argues that the Court contributes to the development of law as part of a dialog and interaction between the different branches of government. As the Court operates within these dynamics, it must understand and take into account the institutional, political, and social environments in which it operates to preserve legitimacy and achieve efficacy. Barak was a strategic player that laid foundations for an expansive judicial power, but his Court was very prudent in utilizing that power. His successors may have contributed unintentionally to the backlash against the Court by following Barak’s substantive jurisprudence, but not necessarily his prudent tactics and strategy. (shrink)

Liberal democratic theory is the ideological expression of capitalism. Its paramount function is to justify the distribution of property and power which permits a minority of men to exploit and dominate the lives of the majority. A crucial device for carrying out this task is the elaboration of a theory of political equality which maintains the economic foundation of capitalism. But as capitalism is itself an evolving system, so the theory which protects its interests passes through important stages. A (...) fundamental change occurs in the transition from classical liberal theory to its contemporary articulation as political science. For Locke and Mill an egalitarian directive is first abstractly posited and then, through specific modification, withdrawn. For Schumpeter, however, what the classical doctrine would have regarded as the perversion of democracy, is itself made integral to the redefinition of the democratic process. The result of the behavioral restatement is the destruction of the tension which separates ideal imperatives from distorted reality and obfuscates the need and possibility of radical political change. (shrink)

During the last couple of decades, concurrently with an increased awareness of the complexity of ethical conflicts, political theorists have directed attention to how constitutional democracy should cope with a fact of incommensurable doctrines. Poststructuralists such as Chantal Mouffe claim that ethical conflicts are fundamentally irreconcilable, which is indeed a view shared by many liberal theorists. The question of whether ethical conflicts are in principle irreconcilable is an important one since the answer has implications for what democratic institutions are (...) desirable. In light of this question the article investigates the notion of conflict in agonistic pluralism and discourse theory. At first glance, Mouffe’s agonism seems apt to accommodate ethical conflict in democratic governance, since it focuses on conflict as the core of politics, whereas Habermasian deliberative democracy seems inappropriate for this task, as it focuses on consensus. However, through an inquiry into the conditions of conflict this article will argue the opposite, namely, that conflict cannot be adequately understood within Mouffe’s agonistic framework. The thesis defended is (1) that discourse theory offers a more accurate account of conflict than agonistic theory because it embraces the idea that deliberation is constitutive of conflict, and (2) that some of Habermas’ assumptions concerning ethical discourse need to be revised in order for his democratic theory to fully accommodate this insight. (shrink)

Across a number of countries including Venezuela, Colombia, Bolivia, Ecuador, Honduras, Costa Rica, and Nicaragua, incumbent presidents in Latin America have recently sought to amend their constitutions to eliminate or weaken presidential term limits. In some cases, these efforts to extend terms have been part of broader projects to consolidate power, weaken other state institutions, and tilt the electoral playing field in favor of incumbents. From a legal perspective, these cases are interesting because they highlight the limits of tools limiting (...) constitutional change, such as eternity clauses and the unconstitutional constitutional amendment doctrine, to constrain potentially anti-democratic or anti-liberal forms of constitutional change. Although constitutional texts in most of these cases gave courts ample ammunition to reject attempts to eliminate term limits or at least to force those changes down more demanding paths, courts did not stand in the way of most of these efforts and in some cases even used the doctrines to eliminate rather than protect term limits. The case studies highlight the extent to which the “superficial” spread of doctrines controlling constitutional change may fail to block, and indeed may promote, forms of constitutional change that threaten liberal democratic constitutionalism. It also suggests possibilities for deepening the effectiveness of transnational dialogue on these issues. (shrink)

Critics of state sovereignty have typically challenged the state’s right to close its borders to foreigners by appeal to the liberal egalitarian discourse of human rights. According to the liberty argument, freedom of movement is a basic human right; according to the equality or justice argument, open borders are necessary to reduce global poverty and inequality, both matters of global justice. I argue that human rights considerations do indeed mandate borders considerably more open than is the norm today but that, (...) no matter how radical in its critique of state sovereignty, human rights discourse fails to address a crucial feature of this ideology. It is not enough to engage in a substantive moral argument about what the state’s moral duties are. One must also address the procedural political question of who has the legitimate authority to decide what rights and duties to act on in cases of disagreement. In addition to human rights discourse, I argue, border activists must also draw on the challenge posed to the doctrine of state sovereignty by the democratic theory of popular sovereignty. According to democratic theory, the people subject to the state’s coercive exercise of political power, and not the state itself, is ultimately the sovereign arbiter of political questions. And because foreigners are subject to the state’s border laws, democratic theory requires granting them a participatory say in setting those laws. (shrink)

My paper concentrates on Peirce’s late essay, “Issues of Pragmaticism,” which identifies “critical common-sensism” and Scotistic realism as the two primary products of pragmaticism. I argue that the doctrines of Peirce’s critical common-sensism provide a host of commendable curricular objectives for democratic Bildung. The second half of my paper explores Peirce’s Scotistic realism. I argue that Peirce eventually returned to Aristotelian intuitions that led him to a more robust realism. I focus on the development of signs from the vague (...) and indeterminate to the determinate and universal. The primary example will be the evolution of the very idea of number. I believe we will never arrive at the end of number history because we can never fully contain creativity. I draw similar conclusions for the idea of curriculum. Whether or not there is an end to the evolution of signs in Peirce is a matter of debate. I incline toward the opinion there is not, though I am unsure. I conclude by arguing that rationality itself is but the form and structure of poetic creation and that we should embrace paradox and even contradiction rather that become caught in totalizing and totalitarian end of history stories. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Problems with a Weakly Pluralist Approach to Democratic EducationSheron Fraser-BurgessIntroductionPluralism embodies wide acknowledgement of various forms of difference. Appeals to pluralism involve arguments for the proliferating of differences as a social and moral ideal. Rather than being a formal political regime such as with democracy or social liberalism, in the extant political philosophy literature, pluralism brings considerations of diversity and equality to bear in philosophical analysis of traditional (...) systems of government.As a critique, pluralism falls along a continuum, which can be conceived of as iterations of the standing of particular ways of life, with respect to constraints of both equality and justice. At one end of the spectrum, all conceptions of the human good share a prima facie equality that belie overarching moral norms as a criterion of ranking. Questions about the incumbency of individual liberty motivate movement toward the opposing end, as allowing for the most just society warrants giving precedence to such values. The source of pluralism’s critical role is its inherent demand of a cogent resolution of the moral and, at times, political tension between equality and freedom.This article considers two forms of pluralism that lie near opposing extremes of the continuum and their implication for education. According to Horace Kallen’s and John Gray’s strong pluralism, the claim to the fact of differing values, cultures, etc., has primacy. As a corollary, maintaining the integrity of the social groups as holders of those values becomes central. In conflict with liberal democratic principles, however, protecting group values may occur at the expense of individual detractors within the group or may pose a threat of harm to others outside of the group who do not share these values.On the other hand, one form of weak pluralism, Amy Gutmann’s deliberative democracy, constrains pluralism on political grounds of individual [End Page 1] freedom. Deliberative democracy subsumes the holding of all values, including those shared with a social group, to the requirements of democracy. Both theories are considered as attempts to reconcile principles of treating everyone equally with not unjustly limiting individual freedom in a democracy. I raise principled and practical issues from education that call into question whether each theory satisfactorily resolves the conflicting demands of both equality and liberty. A third alternative is proposed as a salient consideration for democratic education. I begin with the pluralism of Horace Kallen and its relationship to that of John Gray.Strong PluralismHorace Kallen’s Cultural PluralismIn this section, I discuss Horace Kallen’s seminal account of cultural pluralism from the early twentieth century, classifying it with the strong value pluralism articulated by John Gray. Gray’s and Kallen’s pluralism have in common both the sanctioning of the fullest expression of difference and difficulties with making sense of the intuitive pull toward a criterion for the ranking of values that democracy dictates. I then consider the educational implications of Kallen’s view, particularly with respect to its actual influence upon multi-cultural initiatives of the 1970s and 1980s.Kallen coined the term “cultural pluralism” in the early twentieth century (Kallen 73). At this time, America was experiencing a great deal of social upheaval because of the huge influx of European and Asian immigrants. Movements such as nativism and Americanization fueled xenophobic sentiment. In this milieu, the full acculturation of new immigrants became a priority. In education, schooling policies penalized immigrant expressions of cultural identity, such as speaking one’s native language and practicing cultural traditions (Kallen 4).Kallen was one of the voices advocating not only that new immigrants should be allowed to maintain their cultural identity but also that a formal political solution be initiated which accommodated the predilection to do so. Nathan Glazer explains that there was at that time a general blindness to the possibility that “these groups or elements within them would not want to acculturate and assimilate but would want to preserve their corporate characters and distinctiveness even if prejudice and discrimination disappeared.” According to Glazer, such was the doctrine of assimilation for the first forty years of the twentieth century (7). [End Page 2]Kallen’s pluralism is a departure from the prevailing view in... (shrink)

"Australian legislation and military doctrine stipulate that soldiers ‘subjugate their will’ to" "government, and fight in any war the government declares. Neither legislation nor doctrine enables the conscience of soldiers. Together, provisions of legislation and doctrine seem to take soldiers for granted. And, rather than strengthening the military instrument, the convention of legislation and doctrine seems to weaken the democratic foundations upon which the military may be shaped as a force for justice. Denied liberty of (...) their conscience, soldiers are denied the foundational right of democratic citizenship and construed as utensils of the State. This article critiques the idea of moral agency in Australian legislation and military doctrine and is concerned with the obligation of the State to safeguard the moral integrity of individual soldiers, so soldiers might serve with a fully formed moral assurance to advance justice in the world. Beyond its explicit focus on the convention of Australian thought, this article raises questions of far-reaching relevance. The provisos of Australian legislation and doctrine are an analogue of western thinking. Thus, this discussion challenges many assumptions concerning military duty and effectiveness. Discussion will additionally provoke some reassessment of the expectations democratic societies" "hold of their soldiers.". (shrink)

One source of tension within and between modern nation states derives from conflict between individual and cultural rights. Modern democracies have been built on ideas of individual liberty whose extensions to the rights of culturally distinctive groups to survival and acceptance can create normative and political conflict. Such tensions raise questions about the role of the state, the underlying theory legitimising liberal states, and the social aims of education. Philosophical aspects of such conflicts are explored in Kevin McDonough and Walter (...) Feinberg’s excellent volume, Citizenship and Education in Liberal-Democratic Societies: Teaching for Cosmopolitan Values and Collective Identities. The philosophical issues hinge on how individuals and groups are conceived, as well as how liberty and loyalty are understood. Most of the essays address these concepts in pragmatic rather than essentialist ways, suggesting that how these issues are conceived is itself an important part of the problem, or its resolution. I conclude by suggesting that all of these doctrines are faiths, the problem being to create conditions so that they, or their elements, can be accepted or rejected reasonably in the light of their social consequences. (shrink)

One source of tension within and between modern nation states derives from conflict between individual and cultural rights. Modern democracies have been built on ideas of individual liberty whose extensions to the rights of culturally distinctive groups to survival and acceptance can create normative and political conflict. Such tensions raise questions about the role of the state, the underlying theory legitimising liberal states, and the social aims of education. Philosophical aspects of such conflicts are explored in Kevin McDonough and Walter (...) Feinberg’s excellent volume, Citizenship and Education in Liberal-Democratic Societies: Teaching for Cosmopolitan Values and Collective Identities. The philosophical issues hinge on how individuals and groups are conceived, as well as how liberty and loyalty are understood. Most of the essays address these concepts in pragmatic rather than essentialist ways, suggesting that how these issues are conceived is itself an important part of the problem, or its resolution. I conclude by suggesting that all of these doctrines are faiths, the problem being to create conditions so that they, or their elements, can be accepted or rejected reasonably in the light of their social consequences. (shrink)

Starting with the Reformation, as a social and religious mass movement, the institution of the “state” became synonymous with authority, and until the Enlightenment, the mundane absolute order deployed varied patterns. Beginning with Calvinism, which legitimized the expansion of state institutions, the sixteenth and seventeenth centuries marked a shift to modernization. Puritan authoritarianism, based on “saintly” discipline and on quasi-marginal freedom, developed a new, impersonal and voluntary political doctrine. While one generally associates Anglo-American Puritanism with political freedom, democracy or (...) capitalism, we argue for a very different perspective, namely that the Puritans were both partisans of a medievalist paradigm as well as genuine enemies of democratic, liberal and secular values. Moreover, we emphasize that the Anglo-American radical Puritanism was only tempered by the Enlightenment. The enlightened philosophes were the defense advocates of liberal and pluralist ideas, and came out victorious of the competiton of ideas with their Puritan rivals. (shrink)

Andrew Fiala's Against Religion, Wars, and States: The Case for Enlightenment Atheism, Just War Pacifism, and Liberal-Democratic Anarchism argues that we need to overcome the idea of the nation-state and look toward global justice, that we need to develop a more critical stance toward religion while embracing enlightened humanism and natural science, and that we need to look beyond violent solutions to social problems in order to build world peace.

In today’s European society one can observe different forms of religious fundamentalism, especially when defending various values relating to questions of the meaning of life or when confronted with multi-religious and multicultural situations. An ethical approach attempts to avoid such extremes, given that genuine human behavior is based on moral virtues, the Aristotelian “Golden mean”. At a time when some voices in left-leaning circles are trying to enshrine in the Charter of Human Rights the right of women to terminate their (...) pregnancies, by vehemently advocating their cause in the European Parliament and in the UN Assembly, and to redefine the traditional meaning of “family,” one might want to refer to the understanding of human rights of the Catholic Social Doctrine and other long-received ethical theories. On the other hand, many in the Pro-life movement also exhibit a fundamentalist approach to society, for example when legal bioethical approaches justify murder. In the contemporary setting it is necessary to clarify the relationship firstly between human rights and human dignity from the religious point of view and subsequently between human rights and the rights of a person, understood as a being who is self-aware. The current paper tries to clarify the position of the Roman Catholic Church on the issues of human dignity and human rights with the hope that this understanding will have a positive impact on the development of a just society as a means of preventing the spread of religious fundamentalism. (shrink)

The aim of this paper is to study and analyse the Charlie Hebdo attacks from a methodological and an ethical perspective, concentrating generally, though in some cases indirectly, on the consequences of our actions and the motives behind them. The analysis examines the issues of liberties, freedoms and responsibilities in general and further applies these values to the phenomenon of terrorism in contemporary society. The primary goal of this study is to use the Thomas Aquinas doctrine of double effect (...) and Michael Ignatieff’s lesser evil theory to appraise specific acts of terrorism. The article suggests that certain freedoms should be limited in democratic societies and thus ensure safety. (shrink)

In Politics of Friendship Jacques Derrida reveals the core of Carl Schmitt's thinking concerning the political: “If thepolitical is to exist, one must know who everyone is, who is a friend and who is an enemy, and this knowing is not in the mode of theoretical knowledge but in one of apractical identification.”Nevertheless, the enemy, who actually isidentified, is not Carl Schmitt's real enemy. On the contrary, the identified enemy is his friend to the extent that it constitutes by exclusion (...) what is most important to Schmitt: the existence of the political, and thereby, the Volk. Schmitt's real enemy is, as I try to demonstrate in this article, anyone who is not identified, the anonymous “natural existence of groups of individuals who just happen to live together” (Schmitt). In Schmitt's Nazi-period this anonymous individual got a concrete—although still non-identified—content: an assimilated Jew. And although Schmitt thought that he was a Christian thinker, in the end of this article I argue that the very first assimilated Jew was indeed St Paul, and that his doctrine of the “life in Christ” can be taken as a point of departure for thinking politics beyond enemies and exclusion. (shrink)

Research in the discipline of international relations finds that the great democratic powers are less likely to pursue revisionist policies. This investigation challenges this argument by showing that the United States' decision to oust Saddam Hussein's regime in March 2003 was consistent with a modified version of John Mearsheimer's theory of offensive realism, which finds that great powers' motivation is global hegemony. This article is divided into three sections. The first section considers the value of Mearsheimer's theory and reworks (...) it by adding domestic variables to explain why states abandon defensive strategies for offensive ones. The second section shows how pre-9/11 American foreign policy strategy was, for the most part, status quo oriented, and section three explains why and how the Bush administration introduced a revisionist foreign policy strategy after the 9/11 attacks. This investigation concludes by showing how the 2003 Iraq War is the first step in the United States' quest for global hegemony. (shrink)

It probably comes as a surprise to no one that Hegel's political philosophy is difficult to interpret. But his political thought clearly poses problems which the rest of his work does not, and these problems arise from apparent political ambivalence on his part towards the French Revolution, towards monarchy, towards the doctrine of popular sovereignty, towards public opinion and press freedom - well, there is scarcely a reader of Hegel who could not add some additional topic to this already (...) lengthy list. For instance, Hegel sometimes noted how crucial it is for a state to be decisive; every state needs a reservoir of decisiveness, supplied preferably by a monarch, who ‘has become the personality of the state,’ who ‘cuts short the weighing of the pros and cons between which it lets itself oscillate perpetually now this way and now that, and by saying “I will” make its decision and so inaugurates all activity and actuality.’. (shrink)