In referendum elections, voters are often required to register simultaneous votes on multiple proposals. The separability problem occurs when a voter’s preferred outcome on one proposal depends on the outcomes of other proposals. This type of interdependence can lead to unsatisfactory or even paradoxical election outcomes, such as a winning outcome that is the last choice of every voter. Here we propose an iterative voting scheme that allows voters to revise their voting strategies based on the outcomes of (...) previous iterations. Using a robust computer simulation, we investigate the potential of this approach to solve the separability problem. (shrink)

Recent research has shown that in referendum elections, the presence of interdependence within voter preferences can lead to election outcomes that are undesirable and even paradoxical. However, most of the examples leading to these undesirable outcomes involve contrived voting situations that would be unlikely to occur in actual elections. In this paper, we use computer simulations to investigate the desirability of referendum election outcomes. We show that highly undesirable election outcomes occur not only in contrived examples, (...) but also in randomly generated elections. Our data suggest that the presence of interdependent preferences significantly increases the likelihood of such undesirable outcomes, and that certain alternative voting methods, such as sequential voting and setwise aggregation, hold the potential to produce outcomes that more accurately reflect the will of the electorate. (shrink)

In representative democracies, referendum voting and parliamentary elections provide two fundamentally different methods for determining the majority opinion. We use three mathematical paradoxes – so-called majority voting paradoxes – to show that referendum voting can reverse the outcome of a parliamentary election, even if the same group of voters have expressed the same preferences on the issues considered in the referendums and the parliamentary election. This insight about the systemic contrarieties between referendum voting and parliamentary (...) class='Hi'>elections sheds a new light on the debate about the supplementary value of referendums in representative democracies. Using this insight, we will suggest legal conditions for the implementation of referendums in representative democracies that can pre-empt the conflict between the two methods for determining the majority opinion. (shrink)

This paper is concerned with the Convention’s “democracy clause,” that is Article 3 of Protocol No. 1, which provides for the right to free elections. Why should it be described as a “democracy clause” and what is its significance for today? The paper first sketches out the drafting history, which reveals that while the framers were keen to preserve their inherited domestic institutions, they also thought it crucial to promote democracy. The Convention invokes but does not define democracy. It (...) is within the Court’s competence to elucidate its meaning. The Court holds that pluralist democracy is the only system compatible with the Convention. This paper argues that Article 3 of Protocol No. 1 further presupposes a representative legislature. It does not require member states to introduce a specific system of elections and representation, but it obliges them to conform to parliamentary democracy. Thus, the Court’s model of democracy rests on two pillars: pluralism and parliamentarism. It subscribes to pluralist democracy theories but contradicts the monolithic conception endorsed by Carl Schmitt. The Court’s model has the potential to offer a robust account of democracy. Yet, Article 3 of Protocol No. 1 has never lived up to its potential. The Court’s relevant jurisprudence is inadequate to address the contemporary antidemocratic shifts that are underway in certain member states. Hence, the paper suggests that the Court’s power to apply this clause is not limited to general elections but also extends to presidential elections and referendums. (shrink)

Do democratic systems that include binding referendum and initiative processes violate a core principle of democracy, namely that legislators should be accountable? Some have argued that they do: these popular vote processes would grant the right to legislate to ordinary voters even though they cannot be held accountable—i.e., face possible consequences imposed by others for their actions and decisions. As a result, we should favor conventional representative systems over systems with popular vote processes. In this article, I analyze this (...) ‘accountability objection’ to referendums and initiatives and the conception of voters as ‘legislators’ on which it relies and argue that it does not withstand scrutiny. I first demonstrate that there is no sound basis to characterize only voters in popular votes, and not voters in elections, as ‘legislators’. Therefore, the scope of the objection is broader than anticipated by its proponents: it cannot be consistently used to dismiss popular votes without also being fatal to elections. I then argue that voters’ lack of accountability is not fatal to either mass voting process. The institutional role of ordinary voters provides them with co-lawmaking powers; but these are not the kind of special powers that justify holding certain actors accountable in democratic systems. This does not exclude that voters have responsibilities. I close by highlighting that, compared to conventional representative systems, democratic systems including well-designed popular vote processes could offer voters more supportive conditions to meet such possible responsibilities. (shrink)

We consider situations of multiple referendum: finitely many yes-or-no issues have to be socially assessed from a set of approval ballots, where voters approve as many issues as they want. Each approval ballot is extended to a complete preorder over the set of outcomes by means of a preference extension. We characterize, under a mild richness condition, the largest domain of top-consistent and separable preference extensions for which issue-wise majority voting is Pareto efficient, i.e., always yields out a Pareto-optimal (...) outcome. Top-consistency means that voters’ ballots are their unique most preferred outcome. It appears that the size of this domain becomes negligible relative to the size of the full domain as the number of issues increases. (shrink)

On 12 June 2000, the tenth anniversary of Boris Yeltsin's election as head of the reconstituted Russian state, 180 people who had formed an ‘initiative group for a pan-Russian referendum’ launched a campaign to collect the two million signatures required by Russian law to organize a popular initiative referendum which included these three questions:-Are you opposed to the importing of radioactive material from other states to be stored, buried or reprocessed on Russian territory?-Are you in favour of the (...) existence of a federal environmental protection agency which would be independent of those bodies concerned with exploiting and managing natural resources?-Are you in favour of the existence of a legally independent state service for forests in Russia? (shrink)

Ten years after they were set up, the Italian regions have fallen into general discredit. They are discredited by the central government who regards them as a source of support for the opposing Communist Party and has sought to undermine this reform by depriving the regions of all true autonomy. The regions are discredited by the public opinion by not fulfilling the expectations placed in them. Such an assessment does not stand up to a close examination of regional practices : (...) some geographical differences rapidly become obvious, but especially evident are the political differences. In fact, the regions are the product of an apparent agreement between the political parties and have always suffered from political bargaining which explains the national scale of the issues raised at the last elections. Strengthened by the favorable results obtained in certain regions, the Communist Party was quick to turn this statement of the electoral opinion into a « referendum » about the newly formed Cossiga government. (shrink)

Abstract:San Diego, California, is the eighth largest city in the United States and one of the least affordable cities in the world. Many people in San Diego experience significant ramifications from competition for space. Currently, the southern side of downtown San Diego is the hottest area for development in San Diego county. This article examines the redevelopment of Barrio Logan, a small Latino community that borders downtown San Diego. Barrio Logan is a part of San Diego's third oldest community. The (...) study interviewed ten planning board members who participated in redevelopment and rezoning processes and provided thematic data. In addition, ten U-T San Diego newspaper articles also provided data on a referendum initiated by the marine industry to repeal adopted zoning ordinances. The data are used to discuss the construction of personal, group, and institutional social reality that influenced the outcome of the redevelopment and rezoning processes. The successful Barrio Logan Redevelopment Project Area process was about both the restoration and the sociopolitical empowerment of the community. Due to that redevelopment process, Barrio Logan has begun to emerge as a vibrant, exciting community. A subsequent redevelopment effort, the Barrio Logan Community Plan Update (BLCPU), focused on instituting new zoning ordinances to address the incompatible land uses and toxins in Barrio Logan. Industry in the community has resisted these types of changes to the zoning ordinances for decades. This resistance culminated with a referendum that repealed the BLCPU, which had been passed by the San Diego City Council. The marine industry's central selling vision of jobs influenced a majority of San Diego City voters outside of Barrio Logan to reject the Plan 1A version of the BLCPU. The reasons for and ramifications of the rejection of Plan 1A are discussed and steps Barrio Logan and the other San Diego redevelopment districts could take to improve their chances of winning a future referendum election are recommended. (shrink)

Since the Brexit Referendum in the United Kingdom and the election of Donald Trump as US President in 2016, the term ‘fake news’ has become a significant source of concern. Recently, the European Commission and the British House of Commons have condemned the phenomenon as a threat to their institutions’ democratic processes and values. However, political disinformation is nothing new, and empirical studies suggest that fake news has not decided crucial elections, that most readers do not believe the (...) online fake news stories they read, and that political polarization in Western democracies like the US began to increase long before online fake news existed. The question then is: how exactly does fake news threaten democracies? This paper argues that online fake news threatens democratic processes because it undermines citizens’ epistemic trust in each other. This in turn threatens to undermine the perceived legitimacy and the moral justification of democratic institutions as a whole. While online fake news is a symptom of a much larger issue (how has the Internet affected democracies, and how can we use its positive power while checking its negative effects?), it deserves particular attention given the potential danger it presents for the viability and the legitimacy of the democratic process. (shrink)

The Federalist, justifying the Electoral College to elect the president, claimed that a small group of more informed individuals would make a better decision than the general mass. But the Condorcet Jury Theorem tells us that the more independent, better-than-random voters there are, the more likely it will be that the majority among them will be correct. The question thus arises as to how much better, on average, members of the smaller group would have to be to compensate for the (...) epistemic costs of making decisions on the basis of that many fewer votes. This question is explored in the contexts of referendum democracy, delegate-style representative democracy, and trustee-style representative democracy. (shrink)

At the Belgian parliamentary elections in June 1999, the Flemish nationalist party 'Volksunie' which formed an alliance with the social-liberal ID21 progressed slightly. On July 10, 1999, the party decided to participate in the purple-green-yellow Flemish government, but at the same time they decided to stay out of the federal Belgian government. Two years later, the VU-Party Bureau decided that due to deep divisions within the party it had become impossible for the party to continue. The 15.000 party members (...) were asked to judge about the future of the party. Because no party project managed to obtain a 50 %-majority in the party member referendum, the VU dissappeared. Two new parties - the 'Nieuw-Vlaamse Alliantie' and 'Spirit' - emerged from the ruins of the VU. The collapse of the VU can be seen as the most far-reaching change in the Flemish party political context of the last decade. This article focusses on the last two and a half years of the VU and on the first year of the N-VA and Spirit. In a first part, achronological overview is build up. This part provides an overview «from day to day» of the events that played a role in the collapse of the VU and the creation of the N-VA and Spirit. The second part of the article draws amore morphological picture of the VU, the N-VA and Spirit: data are presented about the internal organisation of these parties. By offering an extensive overview of facts and figures, it is the intention of the authors to provide a solid guidelinefor further investigation. (shrink)

In mass democracies, voting—in elections or referendums—is the main way in which most citizens can publicly express their political preferences. And yet this means of expression is sometimes perceived by them as highly frustrating, partly because it does not allow for much expression. Dominant voting methods lead to a reduction of options, pressure citizens to vote tactically at the cost of expressing their genuine preferences, and fail to convey what they really think about different candidates, parties, or options. Yet (...) citizens do not merely have a right to vote; they have a more fundamental right to political expression from which one can derive a right to a voting method that offers the most opportunities for expression among those satisfying other important requirements. The aim of this article is therefore to add this consideration about the importance of political expression to debates about voting methods that have mainly been conducted from the perspective of social choice theory. To illustrate what is at stake, it introduces evaluative voting methods (allowing voters to grade all of the candidates, parties, or options) as a promising way of honoring the right to political expression without jeopardizing other important properties of voting methods. (shrink)

Direct-democratic processes have won popular support but fall far short of the standards of deliberative democracy. Initiative and referendum processes furnish citizens with insufficient information about policy problems, inadequate choices among policy solutions, flawed criteria for choosing among such solutions, and few opportunities for reflection on those choices prior to decision making. We suggest a way to make direct democracy more deliberative by grafting randomly selected citizen assemblies onto existing institutions and practices. After reviewing the problems that beset modern (...) direct-democratic elections and the long history of randomly selected citizen assemblies, we propose five different varieties of randomly constituted citizen bodies—Priority Conferences, Design Panels, Citizens’ Assemblies, Citizens’ Initiative Reviews, and Policy Juries. After selecting members through stratified random sampling of citizens, each of these assemblies would operate at a different stage of the legislative process, from initial problem identification through approval of a finished ballot measure. Highly structured procedures guided by professional moderators and featuring expert testimony on policy and legal matters would help to ensure deliberative quality, and careful institutional designs would make each body politically powerful. In the end, these citizen bodies would be likely to address the deliberative deficit of direct democracy and better achieve the public’s desired policy objectives. (shrink)

In response to the growing social discontent at what is perceived as generational injustice, due to younger generations of voters facing long-term negative consequences from issues disproportionately decided by the votes of older generations of voters, there have been suggestions to introduce an upper age voting threshold. These have been all but universally dismissed as offensive and contrary to basic democratic values. In the present article, I show that the idea is in fact entirely consonant with present-day democratic practices and (...) far from without a precedent. Hence, I describe how the aforementioned generational injustice can be rectified using a simple vote weighting scheme which is easy to implement and interpret. Lastly, I discuss the societal effects that this alteration of the voting system would have on the distribution of the origins of political power. (shrink)

Trust is essential for our democracy. We trust our political leaders and institutions to put the public interest before their personal or partisan advantage. We trust each other to work and live together. No system is perfect and there is rarely one right answer to the big challenges faced, but we expect leaders to be honest, competent and compassionate – and punish any breaches harshly in the polls or the ballot box. But not any longer. Now is a time of (...) political crisis that’s fuelled by a lack of trust in government and the mainstream. This carries significant and damaging consequences for the future of our democracy fragmenting and polarising our communities. While election results from Brexit to Trump shocked political pundits on both sides of the Atlantic, the roots of an alienated and divided public who increasingly do not trust public figures to put the public interest first have root causes that run deep. The absence of trust creates a political shift akin to a new kind of revolution putting at risk our democracy’s future health. Awareness and action have never been needed more urgently. For over two decades, Thom Brooks has been a leading voice in exposing this crisis in trust and challenging its foundations. This provocative collection of new and recent reflections brings together his work as a freelance columnist and essayist covering Brexit, British values, citizenship and immigration, Scotland’s independence referendum, tackling the Covid-19 pandemic, education policy and legal reform. These essays highlight his substantial contributions to some of the leading political issues of our day. How deep is our current crisis – and what can we do about it to rebuild trust in our politicians, public institutions and each other? Brooks provides clear insights into these issues and more with his ‘realistic optimism’ for the future and why we can be the solution to our political crisis. (shrink)

The politics of Slavoj Zizek has been attracting greater attention in recent times, particularly as a result of some of his recent public commentary key contemporary political issues, such as the Occupy Movement, the election of Donald Trump, and the Greek referendum. Zizek has advocated a range of political strategies in the course of his writings, including ‘over-identification’. However, while the strategy of over-identification appears to have given way to a preference for the Lacanian Act, subtraction and Bartleby politics, (...) the paper examines whether Zizek’s recent public interventions signal a return to his politics of over-identification. First, the paper briefly examines the underlying theory behind a politics of identification and how Zizek conceives it. The paper then turns to three events – Wikileaks, the election of Trump, and Trumps withdrawal of the US from the Paris Agreement on climate change – to examine the application of a politics of over-identification to contemporary political issues. The paper includes by highlighting further key points in Zizek’s theoretical edifice that reinforce the relevance and applicability of his politics to contemporary issues. (shrink)

ABSTRACTIf representative democracy is not about elected officials responding directly to voters’ preferences, and if the voters do a poor job of voting their interests in referendums, then what is democracy about? In our view, a satisfactory theory of democracy would focus normatively on the social identities and political interests of citizens rather than on their expressed policy preferences, and empirically on the ability of organized or attentive groups to get those identities and interests effectively recognized and acted on in (...) the governmental process. A group-theoretic version of democratic theory along these lines would dispense with the most important illusions of the conventional “folk theory” of democracy. However, much hard work remains to clarify how actual democracies make policy and to construct a wise normative standard—inspirational but not innocent—against which they can be judged. (shrink)

The article aims at analyzing the case of Beppe Grillo and his Five Stars Movement in terms of social, cultural and linguistic phenomenon that – initially as a virtual party without a structured organization – seems to conquer both right-wing and left-wing Italian citizens notwithstanding generational and ideological differences. The success of grillini in the parliamentary election of 2018 as a consequence of Matteo Renzi’s constitutional referendum failure, represents a clear sign of the leadership crisis as well as the (...) drifting apart of the ruling class that ignored the problems of ordinary people for several years. The analysis is focused on both form and content: on the one hand, the artistic expression characteristic of Grillo, his gestures, mimicry and direct language plenty of verbal hyperboles, rhetorical figures, swearwords and blasphemous obscenities that build his uncompromising charisma, on the other modern technologies and social media that are used to communicate efficiently with the electorate, create an image of an open-minded politician keeping up with the outer world. All the aforementioned circumstances demonstrate an innovative approach based on political communication that devolves some level of decision-making power to the party supporters being active web users: bloggers and influencers at the same time. Such paradigm is followed by other representatives of the Italian political scene nowadays. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Haiti Can't BreatheNéhémy Pierre-Dahomey (bio)Translated by David F. BellI'm not particularly familiar with recent politics in Haiti. Nor, as it were, with the contemporary history of the country. In some sense, the difference between recent politics and contemporary history is rather delicate. History would be the most profound social, political, and economic points of contention behind the daily lives of a population under siege. Not simply those talked about (...) while people travel in public transportation (Haitians talk a lot while in public transportation), but also the interpretive matrices mobilized to speak about these problems. As for current events, they are the province of newspaper headlines, those front pages and editorial pages most often read and shared, the public opinion machine.Of course, a few snippets of news come to me: the rise of kidnapping, political instability, the opposition declaring that the presidential mandate has ended, a government sponsored referendum to change the constitution, upcoming elections. As I write this piece (summer 2021), armed banditry is rife in many working-class neighborhoods. There are victims by the dozens nearly every day.As I was asking myself how best to express the bicentennial dyspnea of the Haitian people, I learned about the assassination of the president of the Republic in his private residence.Haiti could not breathe. Now it is suffocating.I recently published a novel entitled Combats (March 2021) in which the characters live in a nineteenth-century rural setting. They experience the full force of the first consequences provoked by the infamous independence debt, well understood by Haitians and analyzed by international specialists such as David Graeber and Thomas Piketty.After its independence in 1804, Haiti was not accepted into the concert of nations. The country, founded by hordes of previously enslaved Blacks and by freed Mulattos, was a bad example, a model not to be emulated so geographically near a slave society, the United States, and the Antilles belonging to France. No economic power, that is, no white country defining itself as such, recognized the independence of the new Black, abolitionist, and egalitarian population. The isolation of Haiti thus began at the very moment of its foundation. [End Page 165]In a vain attempt to escape the embargo and to construct a collective destiny at the international level, Haiti accepted a colossal debt imposed on it by France. Charles X, king of France and Navarre, forced Jean-Pierre Boyer, supreme leader of the Haitian nation, to assume the responsibility for a ransom of 120 million francs. The economist Thomas Piketty calculates that this was equivalent to 28 billion euros in today's currency. David Graeber, in his Debt: The First 500 Years, considers it to be the most egregious debt in history. In truth, for Haitians, this strange transaction consisted in buying lands they had already conquered in their independence struggle, having taken them from the previous colonial settlers representing the French state.Since the previously emancipated ancestors were considered the colonial settlers' property, Haitians, under threat from the French army, assumed the weight of this debt, which really consisted in purchasing—from their previous torturers—their very persons and those of their grandparents. In other words, after the war of independence, begun by Black Maroons as soon as they arrived on the island of Haiti, pursued by Toussaint Louverture against slavery, brought successfully to a conclusion by Jean Jacques Dessalines through victorious military battles (November 1803 at Vertières, for example), after this long road toward emancipation, France, supported by all the foreign powers of the period, extracted from Haiti recognition of the debt in 1826, that is, during the first half of the nineteenth century, at the very moment when the independent countries of the world were beginning to undergo a massive industrialization.Haiti clearly missed out on this entrance into the industrial age of the steam engine. It remained an "essentially agricultural" country because every year it had to pay debt service—including interest—every year until the second half of the 20th century!Like many others I saw the images of the white man, Derek Chauvin, resting his knee on George Floyd's neck for eight... (shrink)

Standard representative democracy is criticised on democratic grounds and the case is made for an alternative system of democratic governance. The paper discusses ways in which representative democracy falls short of the democratic ideal of self-governance. Referendum and initiative are examined as mechanisms that further self-governance, but are argued not to go far enough. Direct democracy is considered as an alternative to representative democracy, but the case is made that even on democratic grounds direct democracy is unnecessarily demanding. It (...) is argued that this is also the case with regard to Budge’s proposal for direct democratic governance, which retains a place for representation and for political parties. Real-time democracy is defended as a superior alternative. In real-time democracy, a voter’s vote is attached to an elected representative’s weighed parliamentary vote. The voter, however, is able to withdraw that vote and vote independently of her representative in parliamentary votes. (shrink)

Jose Manuel Delgado Ocando presents us with a brilliant and original analysis of Venezuelan political reality. It is well known that due to the election of President Hugo Chavez Frías, a popular referendum was convened with the express intention of constituting a new constitutional order. This..

The field of deliberative democracy now generally recognizes the co-dependence of deliberation and voting. The field tends to emphasize what deliberation accomplishes for vote-based decisions. In this paper, we reverse this now common view to ask: In what ways does voting benefit deliberation? We discuss seven ways voting can complement and sometimes enhance deliberation. First, voting furnishes deliberation with a feasible and fair closure mechanism. Second, the power to vote implies equal recognition and status, both morally and strategically, which is (...) a condition of democratic deliberation. Third, voting politicizes deliberation by injecting the strategic features of politics into deliberation—effectively internalizing conflict into deliberative processes, without which they can become detached from their political environments. Fourth, anticipation of voting may induce authenticity by revealing preferences, as what one says will count. Fifth, voting preserves expressions of dissent, helping to push back against socially induced pressures for consensus. Sixth, voting defines the issues, such that deliberation is focused, and thus more likely to be effective. And, seventh, within contexts where votes are public—as in representative contexts, voting can induce accountability, particularly for one’s claims. We then use these points to discuss four general types of institutions—general elections, legislatures, minipublics, and minipublics embedded in referendum processes—that combine talking and voting, with the aim of identifying designs that do a better or worse job of capitalizing upon the strengths of each. (shrink)

The purpose of this paper is to consider some aspects of the question of how difficult it should be to amend or change constitutional laws through formal amendment procedures. The point of departure of my discussion is an amendment procedure that has recently been suggested by the prominent legal and political philosopher Bruce Ackerman. He defends a three-step amendment procedure – where a re-elected president is authorised to propose amendments that must thereafter be approved first by a two-thirds majority of (...) the legislature, and then by a simple majority of the citizens at the next two presidential elections. I propose and defend an alternative amendment procedure that can be termed the four-step procedure. According to this procedure, the right to propose amendments is granted both to legislators and voters via citizen initiatives. Thereafter, the proposed amendments should be placed before the legislature, where they must be approved by a simple majority in two successive parliaments, and there must be an interval of no less than one year between the two votes. If passed by the legislative assembly, the amendment(s) should be approved by a simple majority of the electorate in a referendum. However, a submajority of the legislators (i.e. a one-third minority) should be empowered to require an additional referendum on the proposed amendment(s), and this final referendum should be held two years after the first popular vote. In order to assess the outlined amendment procedures, I primarily focus on the following factors or criteria of evaluation, which I group under three headings: (1) Central ideas and ideals in deliberative democratic theory and the fact of persistent disagreement in modern pluralist societies (this includes considerations of how well alternative amendment procedures deal with disagreement among citizens); (2) rule of law values, stability and flexibility; and (3) the value of checks and balances that can guard against the abuse of power (or more precisely, whether the amendment procedures under consideration provide adequate checks and balances between courts, political actors and citizens). (shrink)

Outre les constats sur la crise du gouvernement représentatif insistant sur la défiance des citoyens, la crise climatique est perçue comme révélant l’impuissance de cette forme politique basée sur l’élection. Des voix s’élèvent dans le champ académique, militant et politique, en faveur de l’utilisation de mini-publics tirés au sort pour résoudre divers enjeux politiques, en particulier le changement climatique. Si les assemblées citoyennes sur le climat se sont récemment multipliées, il convient d’examiner leur précurseur : l’assemblée citoyenne irlandaise (ACI). Ce (...) dispositif délibératif a certes proposé la légalisation de l’avortement en 2017, approuvée par référendum, mais il a également traité du climat. Grâce à une longue étude de terrain, on analyse les délibérations de l’ACI sur le climat, et notamment la tension entre pouvoir des citoyens participants et contrôle par les organisateurs et experts. Puis, on comparera le cas irlandais à la Convention Citoyenne pour le Climat française, qui a également fait l’objet d’une étude de terrain intégrale. (shrink)

ABSTRACTThis paper analyses the discourses produced on their websites by the two organisations that conducted the official ‘leave’ and ‘remain’ campaigns in the Brexit referendum. The analysis, whi...

This book places the European Referendum of 2016 into a historical context that began in the late nineteenth century through to the present day. It provides a constitutional and international perspective, and ask how far the original ideas lying behind the referendum were fulfilled in practice.

This book focuses on sovereignty referendums, which have been used throughout different historical periods of democratization, decolonization, devolution, secession and state creation. Referendums on questions of sovereignty and self-determination have been a significant element of the international political and legal landscape since the French Revolution, and have been a central element in the resolution of territorial issues from the referendum in Avignon in 1791 until today. More recent examples include Quebec, East Timor, New Caledonia, Puerto Rico and South Sudan. (...) The global aim of this book is to achieve a better empirical and legal understanding of sovereignty referendums and related problems in international and national law and politics. Accordingly, it presents readers a comprehensive study of sovereignty referendums from the perspectives of both international and constitutional law. (shrink)

It is widely accepted that electoral representative democracy is better—along a number of different normative dimensions—than any other alternative lawmaking political arrangement. It is not typically seen as much of a competition: it is also widely accepted that the only legitimate alternative to electoral representative democracy is some form of direct democracy, but direct democracy—we are told—would lead to bad policy. This article makes the case that there is a legitimate alternative system—one that uses lotteries, not elections, to select (...) political officials— that would be better than electoral representative democracy. (shrink)

A referendum was held on October 1st, 1978 at Andenne, a municipality in the French-speaking part of Belgium, on the settlement of a nuclear plant. A referendum on the settlement of an ecologically noxiousindustry was held at Tessenderlo, a municipality in the Dutch-speaking part of Belgium, on March 25th, 1979. These referenda are unique in their kind in Belgium. They show a very large similarity bath in theirset-up and their results. The turn-out can be considered satisfying high, especially (...) since compulsory voting could not be imposed. The votes cast were mainly nays. (shrink)

Few recent developments in information technology have been as hyped as blockchain, the first implementation of which was the cryptocurrency Bitcoin. Such hype furnishes ample reason to be skeptical about the promise of blockchain implementations, but I contend that there’s something to the hype. In particular, I think that certain blockchain implementations, in the right material, social, and political conditions, constitute excellent bases for common knowledge. As a case study, I focus on trust in election outcomes, where the ledger records (...) not financial transactions but vote tallies. I argue that blockchain implementations could foster warranted trust in vote tallies and thereby trust in the democratic process. Finally, I argue that if the promise of blockchain implementations as democratic infrastructure is to be realized, then democracies first need to ensure that these material, social, and political conditions obtain. (shrink)

This paper examines the idea that forgiveness requires, either for its existence or for its justification, the meeting of moral and epistemic conditions which show that resentment is no longer warranted. I argue that this idea results in over-intellectualizing and over-moralizing forgiveness, and in failing to accommodate its elective nature. I sketch an alternative account, which appeals to the differences between emotions and beliefs, and the idea that we have more rational optionality with respect to emotions.

It is often claimed both that forgiveness is elective and that forgiveness is something that we do for reasons. However, there is a tension between these two central claims about the nature of forgiveness. If forgiving is something one does for reasons, then, at least sometimes, those reasons may generate a requirement to forgive or withhold forgiveness. While not strictly inconsistent with electivity, the idea of required forgiveness strikes some as antithetical to the spirit of the concept. They argue that (...) forgiveness is essentially elective. In this paper, I dispute these arguments. I argue that the intuitive plausibility of the position diminishes upon reflection and that the best arguments fail to explain why reasons to forgive, unlike most other reasons for action, cannot generate requirements. (shrink)

In Section 1, we begin by asking what, exactly, it might mean for God to “elect” people and how this relates to their agency and freedom. After getting clearer on what God is supposed to elect people to or for, we argue against the view that a person’s will is not involved in the process by which God elects her, which we identify in part as the person’s coming to have faith. But, in Section 2, we consider several reasons for (...) thinking that a person’s free will is not involved in her coming to have faith, as well as a potential problem facing this view. Then, in the next three sections (3, 4, and 5) we examine three views on which one’s free will is involved in one’s coming to faith, corresponding roughly to three systematic views of divine providence. We discuss certain objections to each of these “models of election,” as well as how each speaks to the possibility of the non-elect. In the sixth and final section, we conclude by addressing the concern that any such philosophizing about God is too anthropomorphic. (shrink)

Elective Affinities: Musical Essays on the History of Aesthetic Theory collects a selection of Lydia Goehr's recent essays. In them she traces “a history of attraction and reaction … of music to philosophy, drama, birdsong, crime, film, and nationhood” . Goehr examines the ways that philosophers, the ideas that they present, and works of art display “elective affinities”. Her procedure is like that of an art historian who presents parallel slides to reveal visual affinities, even between artists who themselves were (...) unaware of each other. Her analyses are erudite, lucid, and always suggestive, but what I found most admirable in Elective Affinities is Goehr's extraordinarily brave experimentation with a novel form of philosophy-writing, the adumbration of which is the focus of this review. Her book is strange enough to be genuinely magnificent and lastingly influential. (shrink)

The paper aims at revealing the key legal and political factors that determined the organization and holding of the referendum on unconditional and urgent withdrawal of the former USSR army from the territory of the Republic of Lithuania and restitution of damage to Lithuania. It is established that the main factor was that the Supreme Council-Reconstituent Seimas of the Lithuanian Republic adopted provisions on the status of the occupation army and was constant in seeking to ensure the sovereignty of (...) the state of Lithuania throughout its territory. The position of the nations, parliaments and governments of the Republics of Estonia and Latvia was yet another circumstance that the organizers of the referendum relied upon. Their position was aimed at ensuring that as a result of negotiations, the foreign military forces return to dislocation places in its own territory. Retrospective view on the phenomena and facts of the state’s internal and foreign politics in 1991-1992 makes it impossible not to notice that negotiations with the USSR and later, with the Russian Federation, took place in a complicated political arena. While Lithuania was seeking dynamism in negotiations, the other party was finding various excuses to impede dynamic actions and thus to delay positive agreements. Taking due regard to the situation, it was believed that a decision adopted by the Nation would speed up the negotiations on foreign state’s armed forces. (shrink)

The chronic worldwide lack of organs for transplantation and the continuing improvement of strategies for in situ organ preservation have led to renewed interest in elective non-therapeutic ventilation of potential organ donors. Two types of situation may be eligible for elective intensive care: patients definitely evolving towards brain death and patients suitable as controlled non-heart beating organ donors after life-supporting therapies have been assessed as futile and withdrawn. Assessment of the ethical acceptability and the risks of these strategies is essential. (...) We here offer such an ethical assessment using the four principles of medical ethics of Beauchamp and Childress applying them in their broadest sense so as to include patients and their families, their caregivers, other potential recipients of intensive care, and indeed society as a whole. The main ethical problems emerging are the definition of beneficence for the potential organ donor, the dilemma between the duty to respect a dying patient's autonomy and the duty not to harm him/her, and the possible psychological and social harm for families, caregivers other potential recipients of therapeutic intensive care, and society more generally. Caution is expressed about the ethical acceptability of elective non-therapeutic ventilation, along with some proposals for precautionary measures to be taken if it is to be implemented. (shrink)

As illustrated in Goethe's famous novel of the same name, elective affinities are powerful relationships that crystallize under changing conditions. In this new book, Lydia Goehr focuses on the history of elective affinities between philosophy and music from German classicism, romanticism, and idealism to the modernist aesthetic theory of Theodor W. Adorno and Arthur C. Danto. Aesthetic theory, she argues, depends on a dynamic philosophy of history centered on tendencies, yearnings, needs, and potentialities. With this in mind, she recasts the (...) theses of Adorno and Danto regarding the death or end of philosophy, art, music, and human experience as arguments for continuation and survival. _Elective Affinities_ tracks the migration of aesthetic and critical theory from Germany to the United States following the catastrophic period of the twentieth century marked by the Second World War. (shrink)

In deciding whether to forgive, we often focus on the wrongdoer, looking for an apology or a change of ways. However, to fully consider whether to forgive, we need to expand our focus from the wrongdoer and their wrongdoing, and we need to consider who we are, what we care about, and what we want to care about. The difference between blame and forgiveness is, at bottom, a difference in priorities. When we blame, we prioritize the wrong, and when we (...) forgive, we shift our priorities away from the wrong. Recognizing this essential role for priorities in forgiveness allows us to address a thorny puzzle in thinking about forgiveness: how is it that forgiveness can be both principled and elective? If there is sufficient reason to forgive, as will sometimes be the case because forgiveness is principled, how can it be reasonable to withhold forgiveness? Recognizing that forgiveness is a shift in our priorities dissolves this apparent tension between forgiveness being principled and forgiveness being elective. (shrink)

Twelve years ago the British media got wind of a London gynecologist who performed an elective reduction on a twin pregnancy reducing it to a singleton. Perhaps not surprisingly, opinion on the moral status of twin reductions was divided. But in the last few years new evidence regarding the medical risks of twin pregnancies has emerged, suggesting that twin reductions are relevantly similar to the reductions performed on high‐end multi‐fetal pregnancies. This evidence has appeared to resolve the moral debate.In this (...) paper I look at the role of clinical evidence in medical ethics. In particular I examine the role of clinical evidence in determining what counts as a significant harm or risk. First, I challenge the extent to which these empirical claims are descriptive, suggesting instead that the evidence is to some degree normative in character. Second, I question whether such empirical claims should count as evidence for what are essentially difficult ethical decisions – a role they appear to play in the case of elective reductions. I will argue that they should not, primarily because the value‐laden nature of this evidence conceals much of what is ethically at stake. It is important to recognize that empirical evidence cannot be a substitute for ethical deliberation. (shrink)

This paper explains why elections are popular in India and why voter turnouts have remained stable. The evidence presented here shows that voters consider the electoral process itself as important, as this allows for the performative expression of the core ideals of democracy—citizenship, duty and rights, equality, cooperation, imagination of a common good-values that are otherwise wholly missing from polity the rest of the time. It is precisely because of its absence in daily life that people feel the urge (...) to embrace and celebrate these values when they are available during elections. Elections therefore emerge as aesthetic and ritual moments that allow for the inversion of the rules of normal social life. The resulting communitas creates a heightened awareness of what is missing in everyday hierarchical life, while simultaneously providing a glimpse of democracy's ideals of egalitarianism and cooperation. (shrink)

L'élection du sacerdoce, aux origines de la Compagnie de Jésus, paraît relever d'une évidence que n'explicitent guère les documents fondateurs. À la lumière de l'histoire, des Exercices, de la Storta, des premiers ministères et de la genèse de la Formula, ce choix d'un sacerdoce apostolique, pauvre et lettré, semble s'inscrire dans le désir d'imiter le Christ et les apôtres dans la totalité sacramentelle de leurs paroles et de leurs gestes. Centré sur la Parole, la Réconciliation et «l'office de consolation», enraciné (...) dans l'Eucharistie, le sacerdoce jésuite dessine une manière originale d'exercer le triple munus docendi, sanctificandi et gubernandi, dont Presbyterorum ordinis se fera l'écho. (shrink)