Scholars exploring the logic of Rousseau's voting rules have typically turned to the connection between Rousseau and the Marquis de Condorcet. Though Condorcet could not have had a direct influence on Rousseau's arguments about the choice of decision rules in "Social Contract," the possibility of a connection has encouraged the view that Rousseau's selection of voting rules was based on epistemic reasons. By turning to alternative sources of influence on Rousseau--the work of Hugo Grotius and particularly that of Samuel Pufendorf--a (...) moral, and not purely epistemic, logic of rules governing collective decision making emerges. For Rousseau, as for Pufendorf, the proper choice of voting rule can elicit the appropriate attitude of an individual with respect to the decision of the whole, and can support the morally significant activity of acknowledging error upon discovering that one has voted against the general will. (shrink)

Explores the challenges facing democracies in the twenty-first century In Democratic Failure, Melissa Schwartzberg and Daniel Viehoff bring together a distinguished group of interdisciplinary scholars in political science, law, and philosophy to explore the key questions and challenges facing democracies, both in the past and present, around the world. In ten timely essays, contributors examine the fascinating, centuries-old question of whether or not democracy can ever fulfill the promise of its ideals. Together, they explore lessons from the history of democracy, (...) various failures of democratic representation, and more. Ultimately, this latest installment of the NOMOS series provides thought-provoking insights into how we conceptualize, measure, and address democratic erosion in our present-day world. (shrink)

The Condorcet Jury Theorem, along with empirical results, establishes the accuracy of majority voting in a broad range of conditions. Here we investigate whether naïve participants (in the U.S. and...

Since ancient Athens, democrats have taken pride in their power and inclination to change their laws, yet they have also sought to counter this capacity by creating immutable laws. In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity. Against those who would defend the use of 'entrenchment clauses' to protect key constitutional provisions from revision, Schwartzberg seeks to demonstrate historically the strategic and even unjust purposes unamendable laws have typically served, and (...) to highlight the regrettable consequences that entrenchment may have for democracies today. Drawing on historical evidence, classical political theory, and contemporary constitutional and democratic theory, Democracy and Legal Change reexamines the relationship between democracy and the rule of law from a new, and often surprising, set of vantage points. (shrink)

Jeremy Bentham's arguments regarding fallibility and infallibility comprise a fundamental and distinctive dimension of his democratic theory. Writing against the assertion of infallibility in religious, political, and legal contexts, Bentham claimed that authorities encouraged a popular belief in their own infallibility as a means of corrupting the people's faculties of judgment. In so doing, rulers were able to secure their own interests against the public welfare and to inhibit the possibility of utilitarian reform. Such arguments may have influenced John Stuart (...) Mill's well-known discussions of fallibility and infallibility in works including On Liberty. (shrink)

Building on case studies of Wikipedia and the Daily Kos, this essay argues that different kinds of rules shape relations between members of the majority and of the minority in these communities in important and consequential ways.

Essays on the political, legal, and philosophical dimensions of political legitimacy Scholars, journalists, and politicians today worry that the world’s democracies are facing a crisis of legitimacy. Although there are key challenges facing democracy—including concerns about electoral interference, adherence to the rule of law, and the freedom of the press—it is not clear that these difficulties threaten political legitimacy. Such ambiguity derives in part from the contested nature of the concept of legitimacy, and from disagreements over how to measure it. (...) This volume reflects the cutting edge of responses to these perennial questions, drawing, in the distinctive NOMOS fashion, from political science, philosophy, and law. Contributors address fundamental philosophical questions such as the nature of public reasons of authority, as well as urgent concerns about contemporary democracy, including whether “animus” matters for the legitimacy of President Trump’s travel ban, barring entry for nationals from six Muslim-majority nations, and the effect of fundamental transitions within the moral economy, such as the decline of labor unions. Featuring twelve essays from leading scholars, Political Legitimacy is an important and timely addition to the NOMOS series. (shrink)

Features contributions that respond to deep challenges to social cohesion from racial injustice In the latest installment of the NOMOS series, a distinguished group of interdisciplinary scholars explore the erosion—and potential rebuilding—of civic bonds in response to injustice, wrongdoing, and betrayal. Contributors address the possibility of reconciliation and repair, drawing on cutting-edge insights from the fields of political science, philosophy, and law. Nine timely essays explore our pivotal moment in history, from the question of reparations for slavery to the from (...) the art—and impact—of the public apology. The editors of this volume encourage us to not only examine the roots of mistrust, but also to imagine a collective way forward, particularly as we face the continuing threat of the COVID-19 pandemic. Reconciliation and Repair provides thought-provoking perspectives in an age where they are desperately needed. (shrink)

The relationship between truth and politics has rarely seemed more vexed. Worries about misinformation and disinformation abound, and the value of expertise for democratic decision-making dismissed. Whom can we trust to provide us with reliable testimony? In Truth and Evidence, the latest in the NOMOS series, Melissa Schwartzberg and Philip Kitcher present nine timely essays shedding light on practices of inquiry. These essays address urgent questions including what it means to #BelieveWomen; what factual knowledge we require to confront challenges like (...) COVID-19; and how white supremacy shapes the law of evidence. (shrink)