Should voting be compulsory? This question has recently gained the attention of political scientists, politicians and philosophers, many of whom believe that countries, like Britain, which have never had compulsion, ought to adopt it. The arguments are a mixture of principle and political calculation, reflecting the idea that compulsory voting is morally right and that it is will prove beneficial. This article casts a sceptical eye on the claims, by emphasizing how complex political morality and strategy (...) can be. Hence, I show, while there are good reasons to worry about voter turnout in established democracies, and to worry about inequalities of turnout as well, the case for compulsory voting is unpersuasive. (shrink)

In many democracies, voter turnout is low and getting lower. If the people choose not to govern themselves, should they be forced to do so? For Jason Brennan, compulsory voting is unjust and a petty violation of citizens' liberty. The median non-voter is less informed and rational, as well as more biased, than the median voter. According to Lisa Hill, compulsory voting is a reasonable imposition on personal liberty. Hill points to the discernible benefits of (...) class='Hi'>compulsory voting and argues that high turnout elections are more democratically legitimate. The authors - both well-known for their work on voting and civic engagement - debate questions such as: • Do citizens have a duty to vote, and is it an enforceable duty? • Does compulsory voting violate citizens' liberty? If so, is this sufficient grounds to oppose it? Or is it a justifiable violation? Might it instead promote liberty on the whole? • Is low turnout a problem or a blessing? (shrink)

Should voting be compulsory? Many people believe that it should, and that countries, like Britain, which have never had compulsion, ought to adopt it. As is common with such things, the arguments are a mixture of principle and political calculation, reflecting the idea that compulsory voting is morally right and that it is likely to prove politically beneficial. This article casts a sceptical eye on both types of argument. It shows that compulsory voting is (...) generally unjustified although there are good reasons to worry about declining voter turnout in established democracies, and to worry about inequalities of turnout as well. (shrink)

This article examines some of the arguments proffered in objection to the introduction of compulsory voting. In particular, it addresses the notion that abstention from voting is tied to political affect, and that inequality in votes is justified. Rather than presenting the debate on the enforcement of voting as a matter of pro or contra, however, it argues that insights from both sides of the discussion can be adopted to allow for an approach that manages to (...) integrate politically alienated citizens, taking Iris Marion Young's model of inclusive democracy as a guide. (shrink)

Even though more than half of all citizens in the world are currently able to exercise the right to elect their leaders, many of them choose not to vote. This article considers the role of compulsory voting in order to enhance the democratic values of political participation and equality. Raising turnout considerably, it is an effective instrument to motivate citizens to express their voice in public life, thereby ensuring that their concerns will be heeded. Opponents of compulsory (...) voting, however, argue that it is undesirable because it violates the value of personal liberty and drags uninterested citizens to the polls. This article tries to rebut these arguments and challenge their underlying concept of democracy. As compulsory voting sends the message that every vote matters, it is able to restore rather than harm democracy and its values. (shrink)

Liberal egalitarians such as Rawls and Dworkin, insist that a just society must try to make sure that socio-economic inequalities do not undercut the value of the vote, and of other political liberties. They insist on this not just for instrumental reasons, but because they assume that democratic forms of political participation can be desirable ends in themselves. However, compulsory voting laws seem to conflict with respect for reasonable differences of belief and value, essential to liberal egalitarians. Nor (...) is it clear that such laws would actually achieve their intended purpose. Consequently, it is doubtful that there is a ‘liberal defence of compulsory voting’, as Lacroix, among others, maintains. (shrink)

In this article I aim to counter Jason Brennan’s principled objection to the Representativeness Argument for compulsory voting, and to criticize the case in favour of voting lotteries, on which this challenge is predicated. In brief, Brennan claims that compulsory voting should be rejected because there is an alternative system, i.e. a voting lottery, which is able to ensure demographic proportionality in electoral turnouts without diminishing the freedom of citizens. But even on the most (...) favourable conception of freedom which the argument can employ, voting lotteries raise a number of serious concerns in respect to this value. Furthermore, while comparing voting lotteries and compulsory voting on the basis of freedom cannot provide any generalizable support for the former, a plausible case can instead be offered in support of the opposite idea, namely that compulsory voting outperforms voting lotteries with respect to freedom. (shrink)

The ethics of voting is a new field of academic research, uniting debates in ethics and public policy, democratic theory and more empirical studies of politics. A central question in this emerging field is whether or not voters should be legally required to vote. This chapter examines different arguments on behalf of compulsory voting, arguing that these do not generally succeed, although compulsory voting might be justified in certain special cases. However, adequately specifying the forms (...) of voluntary voting that are consistent with democratic norms is likely to be philosophically complex and politically controversial. (shrink)

Is voting a duty of democratic citizenship? This article advances a new argument for the existence of a duty to vote. It argues that every normative account of electoral representation requires universal turnout to function in line with its own internal normative logic. This generates a special obligation for citizens to vote in electoral representative contexts as a function of the role morality of democratic citizenship. Because voting uniquely authorizes office holding in representative democracies, and because universal turnout (...) contributes powerfully to representation being fair, to be a good citizen of such democracies requires one to vote. Whereas previous arguments for a duty to vote have invoked basic moral principles like fairness or a Samaritan duty of rescue, this account is based on citizens occupying a vital functional role within electoral representative institutions. This institutional duty solves the “specificity problem” of justifying a duty to vote better than competing accounts and also immunizes the duty to objections that there is no duty to vote when there are only bad choices and that there is a no duty to vote but rather duty to vote well. By emphasizing the tight connection between institutions and individual conduct, the role morality approach used here supplies a less abstract and more realistic framework than much previous research on the ethics of democratic citizenship and brings the debate closer to constitutive features of democratic politics. (shrink)

Lisa Hill’s response to my critique of compulsory voting, like similar responses in print or in discussion, remind me how much a child of the ‘70s I am, and how far my beliefs and intuitions about politics have been shaped by the electoral conflicts, social movements and violence of that period. -/- But my perceptions of politics have also been profoundly shaped by my teachers, and fellow graduate students, at MIT. Theda Skocpol famously urged political scientists to ‘bring (...) the state back in’ to their analyses, and to recognise that political identities, interests and coalitions cannot be read off straightforwardly from people’s socio-economic position. In their different ways, this was the lesson that Suzanne Berger, Charles Sabel and Joshua Cohen tried to teach us, emphasising the ways that political participation and conflict, themselves, can change people’s identities, their sense of what it is desirable and possible, and their ability to recognise, or oppose, the freedom and equality of others. -/- I do not therefore take it as self-evident that the poor and seemingly powerless should be politically apathetic, unwilling to vote, or incapable of imagining a political solution to at least some of the problems confronting them. Nor do I suppose that non-voters are all-of-a-piece, and that their shared interests are, inevitably, more significant, morally or politically, than those which divide them. Such assumptions seem mistaken in the case of voters, and I see no reason why they should be true of non-voters. The people we find in these categories are not predestined to be in one rather than the other; they do not always stay where they start off; and at an individual level, the reasons why people fall into one group, rather than another, are likely to be complex and sometimes unpredictable. -/- Above all I see nothing in a commitment to democratic government, understood realistically or in more idealistic terms, that requires us to treat raising turnout at national elections (once every four years or so) as of such moral or political importance that we should make it legally mandatory. Realistically, it is an open question how far the ballot box is, for most people, the path to empowerment – important though it is that people should have an equal right to vote and to stand as candidates at national elections. On a more idealistic view of democratic politics it is hard to avoid the thought that the importance of national elections to self-government, posited by proponents of compulsory voting, reflects an alienated and alienating view of democracy, in which the choice of our leaders becomes more important than the development and exercise of our own capacities to lead; and in which our awe at the power our leaders might wield is matched only by our inability to imagine less intimidating, distant and centralised forms of politics. -/- But before saying a little more about these points, and their significance for compulsory voting, I would like to dispel some misunderstandings or misrepresentations of my views in Hill’s essay. I do not believe socio-economic disparities in turnout are not worrying for democratic politics, nor do I believe that abstention is generally synonymous with consent. I do not assume that people have a right not to vote, but try to explain why moral and legal rights to abstain are an important part of democratic politics, including electoral politics. (shrink)

In spite op compulsory voting, the number of non-voters increased at the last general elections in Belgium to 7.3 per cent. This evolution can largely be explained by demographic factors. The number of blank or invalid voters reaches nearly the same level. Concerning this form of political non-participation, we noticed considerable differences occur between the types of elections due to factors such as the importance and the proximity of the proper institution, the social distance between candidate and citizen (...) and the main issue of the elections.The analysis of both phenomena over time at the level of the individual voters based on surveys shows that electoral absenteeism is rather accidental, white blanc and invalid voting is more permanent. From the analysis of absenteeism and blanc and invalid voting emerge on the one hand socio-economic factors which jeopardize electoral participation in a direct or indirect way, and on the other hand, attitudes and behaviour reflecting political indifference, alienation and hostility. (shrink)

Opponents of compulsory voting often allege that it violates a ‘right not to vote’. This paper seeks to clarify and defend such a right against its critics. First, I propose that this right must be understood as a Hohfeldian claim against being compelled to vote, rather than as a mere privilege to abstain. So construed, the right not to vote is compatible with a duty to vote, so arguments for a duty to vote do not refute the existence (...) of such a right. The right against compulsion is most easily defended within a liberal framework, hence its critics often appeal instead to a republican conception of freedom. In the latter part of the paper, I argue that even these republican arguments are inconclusive. Even non-dominating interference still conditions freedom, which may require justification. Further, citizens can live up to republican ideals, so long as they are vigilant; they need not actually vote. Thus, republican arguments fail to refute a right not to vote. (shrink)

Health care reform is being assaulted from all sides. In January, the House of Representatives voted to repeal The Patient Protection and Affordable Care Act (the "Affordable Care Act"). For now, that effort will not succeed, owing to Democratic control of the Senate and the presidential veto. But conservative lawmakers in the House threaten to withhold key funding for implementation, and we can expect ongoing efforts to enact various partial amendments.Meanwhile, a core component of the reform law is running the (...) gauntlet of constitutional challenges in dozens of courts.1 So far, two federal district judges—in Richmond, Virginia, and Pensacola, Florida—have declared the individual mandate unconstitutional, as .. (shrink)

When the possibility of instituting compulsory voting arises for consideration by politicians and by the public it is commonly met with the assertion that there is a right not to vote, which would be violated by the introduction of some form of legal obligation to vote. This claim, rather than being regarded as a contribution to the debate, often functions instead to foreclose it, trumping the arguments of those who advocate compulsion with the presentation of a protected right (...) not to participate. For that reason, it demands examination, despite the fact that it is not an argument advanced seriously by those scholars who address the issue of compulsory voting. This article examines the claim of the right not to vote, arguing that it is based on a flawed interpretation of the idea of the right to vote, an interpretation which mistakes the sort of liberty which the right to vote represents and which over-looks the centrality to that right of the value of active electoral participation. There may be convincing arguments against compulsory voting, but the suggestion that there is a right not to vote is not one of them. (shrink)

In Swiss semi-direct democracy, citizens are often summoned to the polls. To vote reasonably, they need to be properly informed. The media therefore have the responsibility to provide them with arguments for and against each issue of voting. Here, we focus on argumentation in a television ‘civic debate’ about abolishing compulsory military service. To provide a unified and integrated overview of the debate dynamics, we combine the Dialogical Model of Argumentation and the Argumentum Model of Topics, which share (...) a similar emphasis on the discursive dimension of argumentation. This analysis underlines the importance of linguistic and communicative resources and procedures, without neglecting the macro socio-political environment of the debate. (shrink)

The institutional setting of the 1994 local elections was characterized by a by law introduced limitation of campaign expenditures and the increased share of female candidates. In spite of compulsory voting rules, the turnout decreased with 1,2%. The proportion of blanc or invalid votes increased slightly with 0,3%. The results of the local elections followed the trends drawn by the 1991 general election. This means general losses for the traditional parties and large progress for the extreme right-wing parties. (...) In the Flemish region, the winners were the extreme right-wing Vlaams Blok, the ecologist AGALEV and the VLD liberals. The others parties lost votes. This was particularly the case for the Flemish-nationalist VU, followed by the socialists and the christian-democrats.In the Walloons region, all the traditional parties were set back or stagnated. The socialists suffered the largest decline, but the liberals and christian-democrats lost voters too. The ecologist ECOLO only kept a modest status quo position. On the other hand, the extreme right-wing parties Front National and Agir realised a breakthrough. In Brussels, we notice the same tendencies, set-backs for the traditional parties and progress for the extreme rightwing parties. The ecologists belonged there also to the winning side. Nevertheless, the fragmentation of the local political system should not be dramatized.In general terms, parties supporting the leaving political majorities in the municipalities were no langer electorally favoured. On the contrary, the liberals realized better results in these municipalities where they belonged to the opposition. (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 (...) class='Hi'>compulsory voting could not be imposed. The votes cast were mainly nays. (shrink)

The parliamentary elections in Albania took place on 25th March 2021 and they were won by the Socialist Party. Even though elections took place during the pandemic, the pandemics itself had a minor impact on the process. With the exception of making compulsory a two-week quarantine for those entering the country and thus making it impossible for the Albanian emigrants to cast their vote, the election campaign was organized similarly with the preceding campaigns without concerns for social distancing. The (...) real change which eventually influenced the campaign was the change in the electoral law from closed to open list. For the first time, the party and the party candidates pursued different strategies. In addition to the official campaign, there was an underground campaign with vote buying and exercise of influence which aimed and achieved to transfer vote from the top of the top of the list to candidates in the middle or even lower part of the list. This made it possible to observe and understand the internal conflicts within the parties. (shrink)

The discussion on mandatory turnout, which controversially introduces coercion at the heart of the electoral process, illustrates a dilemma between increasing voter turnout on the one hand and avoiding coercion on the other. If successful, a recent proposal by Elliott solves this dilemma as it removes the compulsory element of mandatory turnout. Specifically, Elliot reinterprets the policy’s purpose as (a) a pre-commitment device for those who believe that they have a duty to vote and (b) a nudge to the (...) surveillance of politics for those who do not believe this. We critically evaluate Elliott’s novel intervention in the debate and argue that it is ultimately unsuccessful. Mandatory turnout can be interpreted as neither a pre-commitment device nor a nudge. Moreover, we present a more promising and novel solution to the dilemma: a genuine state-administered pre-commitment device with respect to voting that also nudges citizens to vote and seems prima facie attractive. (shrink)

ABSTRACTThe modern view of economic conspiracies stands in stark contrast to the view in the eighteenth century. Such classical economists as Adam Smith took conspiracy to be the natural result of our tendency to associate with one another. It manifested itself in collusion among both laborers and manufacturers to raise their income. By the mid-twentieth century, however, economists had come around to an entirely different view, according to which voluntary collaboration, especially in large groups, was unnatural and irrational, such that (...) the only way to sustain cartels and trade unions was via compulsory, tyrannical measures. The notion of rationality that underlies such a view—as seen in the parallel notion that it is irrational to vote—threatens the understanding of agency that is essential to democracy. (shrink)

As the COVID-19 vaccine roll out continues apace, in the higher-income countries at least, concerns remain about the level of vaccine coverage in some health and social care settings. Although most countries have seen a relatively high uptake of vaccination against COVID-19 among staff, there continue to be some pockets of hesitancy. The risk of outbreaks in settings with potentially very vulnerable patients has led some governments across Europe to consider, or to introduce, measures compelling healthcare staff to be vaccinated. (...) The justifiability of mandating the vaccination of healthcare professionals is a longstanding question but it has come to the fore in recent months following a resurgence of cases of COVID-19 and the prevalence of the more transmissible Delta variant. In deciding whether the introduction of a mandate is appropriate, states have to balance a range of ethical and practical considerations. A voluntary approach, backed up with education, respects healthcare workers’ autonomy to make private healthcare decisions, which is valued highly in liberal democracies. However, healthcare professionals also have an obligation to ensure that they do not present a risk of harm to their patients. Similarly, healthcare providers have a responsibility to take appropriate steps to minimise the risk of infection. Alongside balancing these rights and responsibilities, governments must also consider the potential consequences and risks of enforcing vaccine uptake. For example, there are concerns that a coercive approach could deepen mistrust and resentment among people who are genuinely fearful or hesitant. Moreover, a large number of refusals and the subsequent imposition of sanctions, such as suspension or redeployment, could affect the ability of providers to staff necessary services. In the UK, Wales, Northern Ireland and Scotland have all ruled out the introduction of compulsory vaccination. However, in July, the English Parliament voted through …. (shrink)

7 The laat electian required that people vOted using a cOmpulsory preferential system, this is unfair and panders to the two major parties, lf I cannot choose which of the two large parties want less, my vote will, in many cases, run through..

After an important public debate, the law of 22 April 2005 on the rights of the patient and on the end of life has been voted in, in France.1 It gives us an alternative to the Dutch euthanasia model.2 The purpose of this law is to develop palliative care , to form healthcare professionals for terminally ill patients, to make them more sensitive to such situations and, finally, also to inform public opinion and jurists. Decrees of application were published on (...) 7 February 2006.From now on, a collective and transparent procedure is compulsory when it requires limiting or interrupting …. (shrink)

Organized after an almost complete term of office, but the end of which was marked by the resurgence of the community-linked problems and by the departure of the Ministers of the Volksunie, the parliamentary elections of 24th November 1991 will remain characterized by the punishment inflicted by apart of the voters, not only on the majority's parties, but also on the traditional parties as a whole.The opposition of the dissatisfied voters did not show itself either in a reduced participation to (...) the vote, a rather normal phenomenon in a country where voting is compulsory, or in a rise of the blank and spoilt ba/lot papers. The 1991 figures are, in these respects, very similar to the average figures of the last thirty years.The opposition was first characterized by high variations in the choice of the voters, which dit not, however, exceed the size of the movements noticed at previous elections. The rate of external mobility, as computed by us, is ranked fifth among the 22 levels that have been counted since universal suffrage has been introduced in Belgium. In 1991, this rate was the highest in Brussels, which is traditional, but it was also considerably higher in Flanders than in the Walloon Region, which quite seldom happens.Then, the opposition found expression in a setback for the Jour ruling parties.This set back amounted to about 8% and even 10% if account is taken of the Volksunie which was part of the Government until the very last weeks before the dissolution of the Houses of Parliament. Such a setback for an outgoing majority is not exceptional; a more unusual phenomenon lies in the f act that this decline was not profitable, on the whole, to the third traditional "family", i.e. the Liberals. As a result of this simultaneous setback for the three traditional families, these total only about 70% of the valid votes, which is the worst result of the whole Belgian electoral history.The political formations that are progressing are the Ecologists, on the one hand, and the far-right lists, on the other hand. Ecolo improves its results considerably in the Walloon Region and in Brussels, without however reaching the level obtained at the 1989 European elections, while Agalev only registers a slight progress.On the contrary, the winner of the elections in the Flemish Region, is unquestionablythe Vlaams Blok, as well as the "Rossem" lists that draw some 5% of the angry voters.If the far-left trend has almost disappeared from the Belgian political scene, the far-right parties, on the contrary, are making a breakthrough on it. The current made up by the Vlaams Blok and the openly far-right lists wins a bit less than 8% of the votes in the whole country. It is likely, however, that those who voted for the Vlaams Blok do not all adhere to the far-right ideas, but that some of them are attracted by the Flemish autonomist stands. The real electoral power of the far-right parties can then be assessed at 6 to 7%, which is much more than in 1987, hut does not make a record in comparison with other European countries.The votes of opponents without any clear political orientation, the bulk of which is won by the "Rossem" lists, amount to some 3%, which is new for Belgium.In a country where voting is optional, many of these voters would probably have stayed at home.This being so, and as f ar as these concepts still remain meaningful, the Belgian electoral pendulum shifted some 5% towards the right, at the expense of the left for more than 3% and the centre for a bit less than 2%.As far as the Parliament is concerned, the situation is clear in the Walloon Region and in the French-speaking Community where the Socialist Party, by far the most important party, is almost inevitable. It is however much more vague on the Flemish side, where the CVP's setback and the dispersion of the polical farces make several types of coalitions possible. (shrink)

Would compulsory treatment or vaccination for Covid-19 be justified? In England, there would be significant legal barriers to it. However, we offer a conditional ethical argument in favour of allowing compulsory treatment and vaccination, drawing on an ethical comparison with external constraints—such as quarantine, isolation and ‘lockdown’—that have already been authorised to control the pandemic. We argue that, if the permissive English approach to external constraints for Covid-19 has been justified, then there is a case for a similarly (...) permissive approach to compulsory medical interventions. (shrink)

The strengths and weaknesses of federalism have been debated for centuries. But one major possible advantage of building decentralization and limited government into a constitution has been largely ignored in the debate so far: its potential for reducing the costs of widespread political ignorance. The argument of this paper is simple, but has potentially important implications: Constitutional federalism enables citizens to “vote with their feet,” and foot voters have much stronger incentives to make well-informed decisions than more conventional ballot box (...) voters. The informational advantage of foot voting over ballot box voting suggests that decentralized federalism can increase citizen welfare and democratic accountability relative to policymaking in a centralized unitary state.Ballot box voters have strong incentives to be “rationally ignorant” about the candidates and policies they vote on because the chance that any one vote will have a decisive impact on an electoral outcome is vanishingly small. For the same reason, they also have little or no incentive to make good use of the information they do possess. By contrast, “foot voters” choosing a jurisdiction in which to reside have much stronger incentives to acquire information and use it rationally; the decisions they make are individually decisive. (shrink)

Workplace stressors were identified to have critical impacts on employee creativity. However, little is known about how and when involuntary citizenship behavior (i.e., compulsory citizenship behavior, CCB)-induced stress might exert influence on employee creativity. To fill this void, the present study firstly develops a moderated mediation model to investigate the CCB—employee creativity association as well as the underling mechanism and contextual condition of this relationship. By integrating social cognitive theory such as self-efficacy theory and conservation of resources (COR) theory, (...) we propose that CCB predicts employee creativity through the mediating role of creative self-efficacy (CSE), with the individual characteristics (i.e., personality traits) of negative affect acting as a boundary condition. Using two-wave time-lagged survey data collected from a sample of 251 front-line employees in 10 manufacturing firms in Southern China, the results show that: (a) CSE mediates the negative relationship between CCB and employee creativity; (b) negative affect moderates the relationship between CCB and CSE; (c) negative affect moderates the indirect influence of CCB on employee creativity through CSE. As the level of negative affect rises, this indirect relationship is stronger. Finally, important theoretical and managerial implications and promising avenues for future research are addressed. (shrink)

Written not by a journalist or politician but rather by a theology professor with a Ph.D. in New Testament studies, Voting by the Bible: The Economic and Foreign Policy Issues begins with the assumption that God intended the Bible to give guidance to every area of life£including how governments should function. Derived from author Wayne Grudemþs magisterial Politics£According to the Bible, this book highlights those economic and foreign-policy issues that have dominated political debate recently. Throughout, author Wayne Grudem supports (...) political positions that would be called more 'conservative' than 'liberal.' However, 'it is important to understand that I see these positions as flowing out of the Bible's teachings rather than positions I hold prior to, or independently of, those biblical teachings,' he writes. 'My primary purpose in the book is not to be liberally or conservative, or Democrat or Republican, but to explain a biblical worldview and a biblical perspective on issues of politics, law, and government.' Concise yet carefully argued, this book is a must-read for any Christian concerned about current debates over the economy, the size and role of government, and the best way forward out of the current recession. Not every reader will agree with the book's conclusions. But by grounding his analysis deeply on Scripture, Grudem has equipped Christians to better understand and respond to some of today's key political debates wisely and in a manner consistent with their primary citizenship as members and ambassadors of the kingdom of God" -- Publisher description. (shrink)

In light of South Park's parody of the election process, this chapter engages with the questions such as How important was Stan's vote? Would the vote have been more valuable had the final margin of victory been closer? Also, how important is a vote that is between only two viable and equally unsavory options? by looking at how the power to vote has been extended in the United States over the past 200 years. The chapter discusses the voting irregularities (...) that arose in the 2000 and 2004 presidential elections. It considers the problem of choice within a two‐party system, given the South Park PETA member's comment that every election is “always between a Giant Douche and a Turd Sandwich.”. (shrink)

Some theorists argue that moral bioenhancement ought to be compulsory. I take this argument one step further, arguing that if moral bioenhancement ought to be compulsory, then its administration ought to be covert rather than overt. This is to say that it is morally preferable for compulsory moral bioenhancement to be administered without the recipients knowing that they are receiving the enhancement. My argument for this is that if moral bioenhancement ought to be compulsory, then its (...) administration is a matter of public health, and for this reason should be governed by public health ethics. I argue that the covert administration of a compulsory moral bioenhancement program better conforms to public health ethics than does an overt compulsory program. In particular, a covert compulsory program promotes values such as liberty, utility, equality, and autonomy better than an overt program does. Thus, a covert compulsory moral bioenhancement program is morally preferable to an overt moral bioenhancement program. (shrink)

Recent political developments cast doubt on the wisdom of democratic decision-making. Brexit, the Colombian people's (initial) rejection of peace with the FARC, and the election of Donald Trump suggest that the time is right to explore alternatives to democracy. In this essay, I describe and defend the epistocratic system of government which is, given current theoretical and empirical knowledge, most likely to produce optimal political outcomes—or at least better outcomes than democracy produces. To wit, we should expand the suffrage as (...) wide as possible and weight citizens’ votes in accordance with their competence. As it turns out, the optimal system is closely related to J. S. Mill's plural voting proposal. I also explain how voters’ competences can be precisely determined, without reference to an objective standard of correctness and without generating invidious comparisons between voters. (shrink)

What limits should there be on the areas of life that are governed by market forces? For many years, no one seriously defended the buying and selling votes for political elections. In recent years, however, this situation has changed, with a number of authors defending the permissibility of vote markets. One popular objection to such markets is that they would lead to a tyranny of wealth, where the poor are politically dominated by the rich. In a recent paper, Taylor :313–328, (...) 2017. doi: 10.1007/s11158-016-9327-0) has argued that this objection can be avoided if certain restrictions are placed on vote markets. In this paper we will argue that this attempt to rebut an argument against vote markets is unsuccessful. Either vote markets secure their purported benefits but then they inevitably lead to a tyranny of wealth, or they are restricted so heavily that they lack the features that have been claimed to make vote markets attractive in the first place. Using Taylor’s proposal as a test case, we make the more general claim that vote markets cannot avoid the tyranny of wealth objection and bring about their supposed benefits at the same time. (shrink)

The question will be raised whether oxytocin can serve as an effective moral enhancer. Different types of moral enhancement will be addressed, one of them being compulsory moral enhancement. It will be argued that oxytocin cannot serve as an effective moral enhancer if its use is being made compulsory. Hence, compulsory administration of oxytocin does not result in genuine moral enhancement. In order to demonstrate this, a stipulation of the main potentially beneficial outcomes of using oxytocin as (...) a moral enhancer will be offered, as well as a discussion of objections to the notion that oxytocin can be an effective moral enhancer. It will be concluded that mandatory administration of oxytocin is ineffective because of a combination of two reasons: mandatory administration of oxytocin renders moral reflection practically superfluous; without moral reflection the beneficial outcomes of the use of oxytocin do not outweigh its drawbacks to the degree that we could speak of effective moral enhancement. (shrink)

In judgment aggregation, unlike preference aggregation, not much is known about domain restrictions that guarantee consistent majority outcomes. We introduce several conditions on individual judgments su¢ - cient for consistent majority judgments. Some are based on global orders of propositions or individuals, others on local orders, still others not on orders at all. Some generalize classic social-choice-theoretic domain conditions, others have no counterpart. Our most general condition generalizes Sen’s triplewise value-restriction, itself the most general classic condition. We also prove a (...) new characterization theorem: for a large class of domains, if there exists any aggregation function satisfying some democratic conditions, then majority voting is the unique such function. Taken together, our results provide new support for the robustness of majority rule. (shrink)

This article examines how a just society must address the needs of its imprudent members. I defend compulsory insurance as an answer to this question. It has been assumed that compulsory insurance can only be justified on paternalistic grounds. I argue that this assumption is incorrect, and defend non-paternalistic compulsory insurance. To display the merits of NPCI, I identify a trilemma that arises for views about how to address the needs of the imprudent, including libertarian and so-called (...) ‘ luck -egalitarian’ views. I then suggest that NPCI enables us to escape the trilemma. (shrink)

The question whether compulsory schooling is justifiable or not has been treated at considerable length by critics, defenders, and positions in-between. What these treatments—about paternalism and autonomy and institutionalization and more—have not directly analyzed is a question that precedes the issue of overall justification: the preliminary question of time. Does it matter when compulsion takes place? Furthermore, does the timing of compulsion matter to the question of overall justification? I will argue that it does matter, but for reasons not (...) directly related to the question of overall justification. (shrink)

David Boonin has recently argued that although no existing theory of legal punishment provides adequate moral justification for the practice of punishing criminal wrongdoing, compulsory victim restitution (CVR) is a morally justified response to such wrongdoing. Here I argue that Boonin’s thesis is false because CVR is a form of punishment. I first support this claim with an argument that Boonin’s denial that CVR is a form of punishment requires a groundless distinction between a state’s response to a criminal (...) offense and its response to an offender’s failure to comply with the sanctions imposed for that offense. I then suggest that this argument points to a definition of punishment that not only meets Boonin’s own desiderata for a definition of punishment but also implies that CVR is a form of punishment. Finally, I argue that CVR is a form of punishment even under Boonin’s own proposed definition of punishment. -/- . (shrink)

Despite a “spatial imaginary” which constructs Europe as a location of sexual and gender freedom (Rao, 2014), presently, twenty countries in Europe require sterilisation in order to legally recognise transgender people’s gender identities, including four of the seven countries in the INFERCIT study: Greece, Italy, Turkey, and Cyprus (but not Spain, which since 2007 does not require sterilisation for gender identity recognition [see Platero, 2008]. In Bulgaria and Lebanon no gender identity recognition for trans people is provided by law; the (...) latter lies outside the “European” region) (TGEU, 2014). Compulsory sterilisation—classified as a crime against humanity in the Rome Statute of the International Criminal Court (UN General Assembly, 1998: art. 7.1)—is widely in force against transgender people, who constitute “the only known group in Europe subject to legally prescribed, state-enforced sterilisation” (Hammarberg, 2009: 19). However, forced sterilisation of trans people is not generally conceptualised as a eugenicist or genocidal policy, in part because sterilisation is conflated with gender reassignment surgical interventions which, widely considered as that which brings transgender bodies into being, are in turn conflated with embodied transgender subjectivities. On this view, transgender individuals could not exist except through a medicalised process that, by design, precludes their “natural” reproductive capacities and is generally not accompanied by fertility preservation or the provision of assisted reproduction technologies (Plemons, 2014: 38; De Sutter et al., 2002; De Sutter, 2001). Sterilisation laws are justified through a pathologising discourse on transgender lives which constructs gender reassignment interventions as medical “treatment” of gender identity disorder (Suess, Espineira & Crego Walters, 2014: 73-76). Adopting a depathologising perspective enables us to contextualise compulsory sterilisation (which naturalises the sexually dimorphic, cisgender, heterosexual body) as a form of “gendercide” which has historically been instrumental in the imposition of a Euro-colonial binary gender system (Miranda, 2010; Lugones, 2007). The state-imposition of medical interventions on trans people not only has deleterious effects on their reproductive rights, “effectively undermin[ing] their right to found a family” (Hammarberg, 2009: 21; see OHCHR et al., 2014)—as “family” is hegemonically defined by a heteronormative and bio/ logical kinship order (Butler, 2002; van Anders, 2014). I argue that state regulation of transgender reproduction constitutes a form of institutionalised gendered violence inasmuch as it impedes transgender people’s ability to exercise inherent first-person authority over the materiality and meanings of their gendered embodiments (Bettcher, 2009; Spade, 2013). Efforts to renaturalise gender and kinship inextricably intersect (Kantsa, 2006) in the biopolitical attempt to regulate transgender embodiments and reproduction, which conditions the emerging legal recognition of transgender subjects as a rights-bearing minority (Stryker, 2014). (shrink)

The issue of voting rights for older children has been high on the political and philosophical agenda for quite some time now, and not without reason. Aside from principled moral and philosophical reasons why it is an important matter, many economic, environmental, and political issues are currently being decided—sometimes through indecision—that greatly impact the future of today’s children. Past and current generations of adults have, arguably, mortgaged their children’s future, and this makes the question whether (some) children should be (...) granted the right to vote all the more pressing. Should (some) children be given the right to vote? Moreover, does the answer to this question depend on civic education, on whether children have been deliberately prepared for the exercise of that right? These are the questions that will occupy us in this article. Our answer to the first will be that older children—children roughly between 14 and 16 years of age1—ought to be given the right to vote. (shrink)

Abstract:The number of patients with organ failure who could potentially benefit from transplantation continues to exceed the available supply of organs. Despite numerous efforts to increase the number of donors, there remains an enormous mismatch between demand and supply. Large numbers of people still die with potentially transplantable organs remaining in situ, most frequently as a result of family objections. I argue that there are no persuasive moral arguments against mandated organ retrieval from all dead individuals who meet clinical criteria. (...) However, because of continuing endemic prejudice in United States society and its healthcare system and the distrust this engenders, I conclude that proceeding with a policy of compulsory organ retrieval, even if morally unobjectionable, would not be warranted. (shrink)

Patients with borderline personality disorder (BPD) are overrepresented in compulsory inpatient care for suicide-protective reasons. Still, much evidence indicates negative effects of such care, including increased suicide risk. Clinical guidelines are contradictory, leaving clinicians with difficult ethical dilemmas when deciding on compulsory care. In this study, we analyse the arguments most commonly used in favour of compulsory care of BPD patients, to find out in what situations such care is ethically justified. The aim is to guide clinicians (...) when deciding on compulsory care for BPD patients and reduce the use of potentially harmful care. The arguments analysed are (a) the patients lack decision competence, (b) the patients lack authenticity, (c) compulsory care saves the patient from suicide, (d) compulsory care safeguards against litigation, complaints, or doctor's anxiety, (e) compulsory care is a practical solution in emergencies, and (f) it is better for the caregiver to ‘err on the safe side’. We conclude that compulsory care is not ethically justified in most cases unless the clinician has probable reason to believe that the patient lacks decision capacity by suffering from a severe mental co-morbidity and stands to benefit from such care. (shrink)

What is wrong with participating in a democratic decision-making process, and then doing something other than the outcome of the decision? It is often thought that collective decision-making entails being prima facie bound to the outcome of that decision, although little analysis has been done on why that is the case. Conventional perspectives are inadequate to explain its wrongness. I offer a new and more robust analysis on the nature of voting: voting when you will accept the outcome (...) only if the decision goes your way is an act of bad faith: you are not taking part in a ‘process that decides what we will do’. This analysis sheds light on understanding the intrinsic nature of voting and what we are doing when we make decisions collectively. (shrink)

What is the moral value of formal democratic decision-making? Egalitarian accounts of democracy provide a powerful answer to this question. They present formal democratic procedures as a way for a society of equals to arrive at collective decisions in a transparent and mutually acceptable manner. More specifically, such procedures ensure and publicly affirm that all members of a political community, in their capacity as autonomous actors, are treated as equals who are able and have a right to participate in collective (...) decision-making. Recently, a number of authors have raised what I describe as the ‘no impact’ objection. This objection focuses on the egalitarian emphasis on autonomy to cast doubt on the moral value of formal democratic procedures. It holds that individual participation in formal democratic decision-making has no impact on the eventual result, and therefore cannot be understood as an exercise in autonomy. Consequently, the ‘no impact’ objection claims that the moral value of formal democracy cannot be explained with reference to an egalitarian ideal of ‘rule by the people’. In this article, I refute this objection by complementing an egalitarian account of democracy with an account of basic autonomy. (shrink)

Hastings Center Report, Volume 52, Issue 3, Page 18-29, May–June 2022.

Despite the prominence of healthcare-relatedconcerns in public debate, the ground remainsinfertile for the idea of conscripting citizensinto medical research. Reluctance to entertainthe thought of a system where nearly everyonecould be selected for service might reflectuncertainty about what the project wouldinvolve. There might also be a fear that themore crucial issue is how to protect researchsubjects within current, voluntary systems. Nodoubt reluctance to explore a system ofuniversal service results from the common hopethat each of us might avoid research in anycapacity besides (...) researcher. A system of fullcivic participation might, however, avoid manyof the usual objections. Ethics regulations,including informed-consent guidelines, couldfor the most part remain in force. Though thesystem would compel people to serve, it couldremain responsive to principles of autonomy andjustice if it centered on broad publiceducation, community representation, and alottery-type selection process. The systemcould draw from the largest possiblecross-section of society, and offer conscriptsthe widest possible range of service. In thisway, a compulsory system might reconcile theexpectations about healthcare with researchneeds. (shrink)