This paper suggests the democratic direction in which the right of freedom of expression should be conceived and applied. In the first two sections it suggests some counter-examples to, and diagnoses of, the libertarian and liberal conceptions of freedom of expression, taking Scanlon (1972) and Scanlon (1979), respectively, to be their chief proponents. The paper suggests that these conceptions cannot take into account clear examples, like fraudulent propaganda, which should not be legal. The democratic conception takes it to (...) heart that the pillars upon which the right of freedom of expression is founded are individual and collective autonomy, the right to know facts of public interest and information necessary for effective democratic control of government. The paper suggests that in a time when private powers seriously threaten these pillars, it is correct for the government to step in to provide the framework in which genuine discussion geared toward fulfilling the objectives of these pillars can take place. (shrink)

Democracy is not naturally plausible. Why turn such important matters over to masses of people who have no expertise? Many theories of democracy answer by appealing to the intrinsic value of democratic procedure, leaving aside whether it makes good decisions. In Democratic Authority, David Estlund offers a groundbreaking alternative based on the idea that democratic authority and legitimacy must depend partly on democracy's tendency to make good decisions.Just as with verdicts in jury trials, Estlund argues, the authority (...) and legitimacy of a political decision does not depend on the particular decision being good or correct. But the "epistemic value" of the procedure--the degree to which it can generally be accepted as tending toward a good decision--is nevertheless crucial. Yet if good decisions were all that mattered, one might wonder why those who know best shouldn't simply rule.Estlund's theory--which he calls "epistemic proceduralism"--avoids epistocracy, or the rule of those who know. He argues that while some few people probably do know best, this can be used in political justification only if their expertise is acceptable from all reasonable points of view. If we seek the best epistemic arrangement in this respect, it will be recognizably democratic--with laws and policies actually authorized by the people subject to them. (shrink)

In his Populist Democracy: A Defence (1993), Torbjörn Tännsjö suggests, roughly, the following necessary and sufficient conditions for a democratic collective choice: If the majority of a given group of voters prefer A to B, then the collective choice is A rather than B; and if the majority of voters had preferred B to A, then the collective choice would have been B rather than A. Moreover, the preference of a voter is equated with the one she is showing (...) by the act of voting (e.g., by putting a ballot in a box). Tännsjö’s definition has the advantage of being simple, naturalistic, and, to the best of my knowledge, more exact that most other definitions proposed in the literature. As such, I think it is a useful starting point for a discussion of how to define democratic decision making. As we will see below, such a discussion can be quite illuminating and generate interesting and fruitful questions regarding how to understand democracy. Tännsjö claims that his definition is in line with common language use, i.e., that it is a lexical definition. Pace Tännsjö, I shall show that it departs from common language use since it has a number of counterintuitive implications in regards to which decisions and methods that are classified as democratic or undemocratic. I shall suggest a number of amendments to avoid these drawbacks and incorporate these amendments in a definition of a democratic collective choice. The result is a definition of a democratic decision that is superior to Tännsjö’s, or so we will argue. It will be acknowledged, however, that it still has some shortcomings that future efforts need to rectify, or that it might not be possible to give a 1 simple and naturalistic definition of democracy that is sufficiently in line with common language use. To avoid a possible misunderstanding, let me add that I don’t think there is necessarily one correct way of defining a democratic decision (although there might be a common kernel) and I certainly don’t suggest that the definition proposed here is the only way of explicating the ordinary language use of the term “democracy”.. (shrink)

A conception of legitimacy is at the core of normative theories of democracy. Many different conceptions of legitimacy have been put forward, either explicitly or implicitly. In this article, I shall first provide a taxonomy of conceptions of legitimacy that can be identified in contemporary democratic theory. The taxonomy covers both aggregative and deliberative democracy. I then argue for a conception of democratic legitimacy that takes the epistemic dimension of public deliberation seriously. In contrast to standard interpretations of (...) epistemic democracy, however, the conception I put forward avoids procedure-independent standards of correctness. Instead, it relies on a procedural social epistemology and defines legitimacy entirely in terms of the fairness of procedures. I call this conception of democratic legitimacy `Pure Epistemic Proceduralism'. I shall argue that it should be preferred over `Rational Epistemic Proceduralism', the conception of legitimacy that underlies the standard interpretation of epistemic democracy. Key Words: legitimacy • deliberative democracy • epistemic democracy • social epistemology. (shrink)

According to Val Plumwood (1995), liberal-democracy is an authoritarian political system that protects privilege but fails to protect nature. A major obstacle, she says, is radical inequality, which has become increasingly far-reaching under liberal-democracy; an indicator of ‘the capacity of its privileged groups to distribute social goods upwards and to create rigidities which hinder the democratic correctiveness of social institutions’ (p. 134). This cautionary tale has repercussions for education, especially civics and citizenship education. To address this, we explore (...) the potential of what Gerard Delanty calls ‘cultural citizenship’ as an alternative to the disciplinary citizenship that permeates Western liberal discourse. Cultural citizenship emphasises citizenship as communication and continual learning processes, rejecting the idea of citizenship as a fixed set of cultural ideals, norms or values defined and enforced by liberal society’s legal, political and cultural institutions, including education and ‘citizenship training’. However, we contend that a critical first step, essential to democratic correctiveness, is to clear away obstacles created by the privileging of a dominant epistemic position. We conclude that Plumwood’s philosophy alongside John Dewey’s work on democracy and education provide a theoretical framework for effective democratic inquiry aimed towards interconnective, deliberative practice and corrective methodology for epistemic accountability. (shrink)

In the United States, the Presidential Commission for the Study of Bioethical Issues has proposed deliberative democracy as an approach for dealing with ethical issues surrounding synthetic biology. Deliberative democracy might similarly help us as we update the regulation of human subjects research. This paper considers how the values that deliberative democratic engagement aims to realize can be realized in a human subjects research context. Deliberative democracy is characterized by an ongoing exchange of ideas between participants, and an effort (...) to justify decisions that bind participants by appeal to reasons that the participants can understand and share. Even when unanimous agreement is not reached, the active participation of everyone along with the requirement that reasons be made accessible enhances the legitimacy of the ultimate outcome. Importantly, deliberative democratic structures avoid strict hierarchies and place participants, as much as possible, in the position of equals. Human subjects research has some features that may make deliberative democratic principles seem initially unappealing. For one, there are asymmetries in knowledge between expert researchers conducting the research and participants in the research process. For another, statistical validity is made easiest by research paradigms that produce standardized, quantitative data, which can be difficult to achieve if research participants are given the power to deliberatively reshape the research design as it progresses. These and other problems have tended to produce a human subjects research process where subjects do not actively participate in shaping research, but rather consent to a predefined set of interventions designed by expert researchers and vetted by Institutional Review Boards (IRBs). In this paper, I suggest some ways in which human subjects research could do more to realize deliberative democratic values, and, in particular, how a revised Common Rule might help to realize these values. First, research participants could be treated not as passive subjects but instead involved in research design, ethical review, and the ongoing conduct and dissemination of research. Such participation might involve, for instance, including people who have served as research subjects on IRBs, or replacing IRB oversight for certain forms of research exempted from IRB oversight under a revised Common Rule with oversight by a body of community members or research subjects. It might also involve having the oversight of research that uses more participatory models be more participatory and less hierarchical in nature. I also raise questions about the exemption of research on public benefit programs from any research-level oversight and from consent requirements. While IRBs are likely not the correct overseers, there may be good reason to view such research with a critical eye, because of its potential for long-range impacts on the lives of participants. By giving research subjects a greater voice in research that aims at fine-tuning public benefit programs on which subjects rely, a deliberative oversight process has the potential to recast research participation as a form of active democratic participation and to address a “democratic deficit” in public health. Numerous proposals regarding health care have called for greater participation by laypeople and a more nonhierarchical approach to setting health priorities. Involving lay research subjects in the conduct of public benefits research and other forms of public health research may help to further these goals. (shrink)

Conspiracy theories are frequently described as a threat to democracy and conspiracy theorists portrayed as epistemically or morally unreasonable. If these characterizations are correct, then it may be the case that reasons stemming from conspiracy theorizing threaten the legitimizing function of democratic deliberation. In this paper, I will argue the opposite. Despite the extraordinary epistemic and morally unreasonable claims made by some conspiracy theorists, belief in conspiracy theories is guided by internal epistemic norms inherent in believing. By utilizing the (...) insights of the Peircean epistemic defense formulated by Cheryl Misak and Robert Talisse, I take it that these epistemic norms implicitly commit the theorist to an open democratic society. (shrink)

This paper looks at Alexander Guerrero’s epistemic case for ‘lottocracy’, or government by randomly selected citizen assemblies. It argues that Guerrero fails to show that citizen expertise is more likely to be elicited and brought to bear on democratic politics if we replace elections with random selection. However, randomly selected citizen assemblies can be valuable deliberative and participative additions to elected and appointed institutions even when citizens are not bearers of special knowledge or virtue individually or collectively.

Neoliberal ideology and exclusionary policies based on racialized identities characterize the current contexts in North America and Western Europe. Nursing knowledge cannot be abstracted from social, political and historical contexts; the task of examining the influence of race and racial ideologies on disciplinary knowledge and inquiry therefore remains an important task. Contemporary analyses of the role and responsibility of the discipline in addressing race‐based health and social inequities as a focus of nursing inquiry remain underdeveloped. In this article, we examine (...) nursing's engagement with ideas about race and racism and explore the ways in which nursing knowledge and inquiry have been influenced by race‐based ideological discourses. Drawing on Henry and Tator's framework of democratic racism, we consider how strategic discursive responses—the discourses of individualism, multiculturalism, colour‐blindness, political correctness and denial—have been deployed within nursing knowledge and inquiry to reinforce the belief in an essentially fair and just society while avoiding the need to acknowledge the persistence of racist discourses and ideologies. Greater theoretical, conceptual and methodological clarity regarding race, racialization and related concepts in nursing inquiry is needed to address health and social inequities. (shrink)

These are the answers I gave to Brian Bix, Peter Koller, Ralf Posher, Torben Spaak, Timothy Endicott, and Jan Sieckmann at the end of a splendid conference day in 2018. The critique given to me concerned important aspects of three main themes in my work: the claim to correctness, human and constitutional rights, and the ideal dimension of law. In the last decades I have attempted to connect these themes systematically. The result is the idea of democratic constitutionalism as (...) an institutionalization of practical reason. (shrink)

In this paper, I maintain—contrary to those commentators who regard him as a principled republican—that at the core of Spinoza’s political theory is an instrumental, rather than an intrinsic, defense of democratic procedures. Specifically, Spinoza embraces democratic decision procedures primarily because they tend to result in better decisions, defined relative to a procedure-independent standard of correctness or goodness. In contemporary terms, Spinoza embraces an epistemic defense of democracy. I examine Spinoza’s defense of collective governance, showing not only how (...) it differs from other accounts of his time but also how it might contribute to current debates about the epistemic standing of popular governing bodies. In the opening section I defend the thesis that has been contested in recent years that Spinoza was, in fact, a consistent democrat. The second section focuses on procedural (i.e., intrinsic) defenses of democracy, paying particular attention to the republican version of proceduralism that was prominent in Spinoza’s time. And in the final section I present my case for reading Spinoza as an epistemic democrat, comparing his epistemic defense with contemporary versions. What we find are not only striking anticipations of contemporary arguments, but also largely neglected lines of argumentation that reveal both the potential epistemic advantages and disadvantages of democracy. (shrink)

Arash Abizadeh claims that ‘[a]nyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries’. He bases this conclusion on the premise that ‘to be democratically legitimate, a state’s regime of border control must result from political processes in which those subject to it—including foreigners—have a right of democratic participation’. I shall argue that this premise, even if it were correct, does not support the conclusion since ‘ (...) class='Hi'>democratic legitimacy’ is morally irrelevant: that something is ‘democratically illegitimate’ in no way suggests, let alone implies, that it is also morally impermissible or contravenes a moral right. I shall consider counter-arguments advanced against this objection by Maxime Lepoutre and Abizadeh himself and argue that they fail. Thus there is no valid democratic argument against border coercion. (shrink)

This article clarifies the recent epistemic rehabilitation of democracy and adds to it in two respects. First, I point out that the epistemic rehabilitation of democracy identifies an internal connection of democracy with normative truths—but only an external connection with substantial truth and correctness. Second, such an internal connection surfaces when we focus on the place of criticism in democracy. Criticism, however, presupposes pluralism and a recognition of the provisionality of decisions. So I, third, analyse prominent theories of truth and (...) examine what conceptions of pluralism and provisionality they allow. This evokes a view emphasizing the unruly role of truth; criticism introduces a commitment to correctness, and this commitment to correctness underwrites the provisional nature of democratic decisions. (shrink)

The aim of the current article is to analyze the concept of tragic cases and its different implications based on Manuel Atienza, one of the jurists who specially addressed the issue, and on Robert Alexy, whose work is one of the main references in contemporary Legal Philosophy. According to parameters exposed by Alexy (correctness, rationality, legal argumentation, human rights), some of Atienza’s central assertions about tragic cases (lack of correct answer, legal rationality limitation, option for the lesser evil) are herein (...) demonstrated as inadmissible. Based on Alexy’s work, it is possible to justify the opposite conclusion about tragic cases, i.e., cases where there is more than one correct answer and these answers are opposed to each other. (shrink)

The aim of the current article is to analyze the concept of tragic cases and its different implications based on Manuel Atienza, one of the jurists who specially addressed the issue, and on Robert Alexy, whose work is one of the main references in contemporary Legal Philosophy. According to parameters exposed by Alexy, some of Atienza’s central assertions about tragic cases are herein demonstrated as inadmissible. Based on Alexy’s work, it is possible to justify the opposite conclusion about tragic cases, (...) i. e., cases where there is more than one correct answer and these answers are opposed to each other. (shrink)

One way of ensuring that individual actions do not violate a group's moral norms is to develop within each individual a conscience. Conscience consists in the internalization or acceptance of a group's moral norms as correct and overriding one's self-interest when they conflict.Corporations as well as individuals need a conscience to monitor and control their behavior. The correlative of a personal conscience in a corporation consists in the representation of group interests in the running and managing of the firm. This (...) means consumer and employee representation on the board of directors and management is the most effective way to promote corporate moral behavior. (shrink)

This essay examines some of the institutional arrangements that underlie corruption in democracy. It begins with a discussion of institutions as such, elaborating and extending some of John Searle’s remarks on the topic. It then turns to an examination of specifically democratic institutions; it draws here on Joshua Cohen’s recent Rousseau: A Free Community of Equals. One of the central concerns of Cohen’s Rousseau is how to arrange civic institutions so that they are able to perform their public functions (...) without being easily abused by their members for individual gain. The view that Cohen sketches on behalf of Rousseau offers a clear framework for articulating institutional corruption in democracy. With this account of democratic institutions in place, the essay turns the discussion to the role of transparency in deterring institutional corruption. The basic thought here is perhaps unsurprising: to ensure that a democratic institution is serving its public function and not being manipulated for self-interested gain, its activities must be subject to public scrutiny, and so these activities must be transparent to the public. Saying this makes the role of transparency in a well-functioning democracy clear, but it does not settle how transparency is to be realized. The essay argues that transparency can be realized in a democracy only by an extra-governmental institution that has several of the familiar features of the press. If this is correct, it follows that in its design and in many, though not all, of its activities, WikiLeaks provides a contemporary example of such an institution. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Democratic Hope: Pragmatism and the Politics of TruthCheryl MisakRobert B. Westbrook Democratic Hope: Pragmatism and the Politics of Truth Ithaca and London: Cornell University Press, 2005. xvi + 246 pp.Robert Westbrook, who in my view is our best intellectual historian of pragmatism, has written what is sure to be a major contribution to the study of pragmatist political theory, a branch of political theory which has (...) recently seen a salutary surge of interest. Democratic Hope: Pragmatism and the Politics of Truth is beautifully written, with a steady eye on the non-philosopher, yet it is sophisticated and nuanced so as to engage the most careful philosophers in the field and to genuinely advance current debates.It is interesting to see just what benefits come from having such an excellent intellectual historian take the long and wide view on pragmatism. For instance, Westbrook doesn't merely look at the classical pragmatist he thinks has the most important things to say about politics. Dewey is usually is taken to be the pragmatist of choice in political theory, although I myself have been rather single-minded about Peirce's implied account of politics. Westbrook gives us excellent accounts of Dewey and Peirce, but he also looks at James, at Mead, at how pragmatism and Marxism have had an off-again, on-again relationship, etc. That is, he gives us a panoramic view of how the pragmatists—classical and contemporary—line up in political theory. This is not only extremely useful to any student of pragmatism, but it is fascinating as well.Westbrook's abilities as an intellectual historian also have him making bang-on points about the debate within pragmatism for the heart and soul of pragmatism. Pragmatism, he says, has always been less a coherent philosophical school than a contentious family of thinkers holding distinct but related positions on the "workmanlike" nature of knowledge, meaning, and truth (p.1).The central debate within pragmatism is between those who take pragmatism to be akin to post-modern views, where there is no truth and objectivity to be had anywhere, and those who take pragmatism to promise a less absolutist account of truth—an account of truth on which we can make sense of aiming at the truth. On the one side of the debate we have Rorty and his [End Page 279] predecessors saying that there is no truth at which we might aim—only solidarity or agreement within a community. In some moods he goes as far as claiming that truth and objectivity are nothing more than what our peers will let us get away with saying. On the other side of the divide, we have those who think of pragmatism as rejecting an ahistorical, transcendental, or metaphysical theory of truth, but nonetheless being committed to doing justice to the objective dimension of human inquiry—to the fact that those engaged in deliberation and investigation take themselves to be aiming at getting things right, avoiding mistakes, and improving their beliefs and theories. On this more objective kind of pragmatism, the fact that our inquiries are historically situated does not entail that they lack objectivity. And the fact that standards of objectivity themselves come into being and evolve does not strip them of their worth. In James' well-known words, the trail of the human serpent is over everything, but (as James himself may or may not have seen) this does not toss us into a sea of arbitrariness, where there is no truth or where truth varies from person to person and culture to culture. Westbrook puts the issue nicely: "Post-modernist skeptics and their few neopragmatist admirers turn to the old pragmatists because they (correctly) see them as potential partners in a struggle against 'strong', that is, absolutist and 'totalizing', conceptions of truth. But what they neglect is the old pragmatists' conviction (shared by many neopragmatists) that once they had overcome absolutism, they could then resume traveling down the road of inquiry in a more fuel-efficient vehicle than Reason toward a more modest destination than Truth" (p. 7).Westbrook aligns himself with the kind of pragmatism that aims to take account of our human cognitive aspirations... (shrink)

Neither the historical tradition of American constitutionalism nor those who have theorized about it have promoted political or theoretical designs hospitable to the valorization or promotion of democratic virtue. This article illustrates this point by canvassing practical interpretations of the American constitution, from the document of 1787–1791 to Bush v. Gore, and theoretical interpretations from Madison to Rawls, Dworkin, Ackerman, Elster, Holmes, and other contemporary theorists of liberal constitutionalism and natural law. Exposing these roadblocks to the theory and practice (...) of democratic virtue in America, it argues, provides a critical corrective to current debates about the relationship between constitutionalism and democracy. (shrink)

Under the assumptions of the standard Condorcet Jury Theorem, majority verdicts are virtually certain to be correct if the competence of voters is greater than one-half, and virtually certain to be incorrect if voter competence is less than one-half. But which is the case? Here we turn the Jury Theorem on its head, to provide one way of addressing that question. The same logic implies that, if the outcome saw 60 percent of voters supporting one proposition and 40 percent the (...) other, then average voter competence must either be 0.60 or 0.40. We still have to decide which, but limiting the choice to those two values is a considerable aid in that. Key Words: Condorcet Jury Theorem • epistemic democracy • voter competence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Milton and Political CorrectnessMary Ann McGrail (bio)In the opening of the title essay of Persecution and the Art of Writing, Leo Strauss speculates:We can easily imagine that a historian living in a totalitarian country, a generally respected and unsuspected member of the only party in existence, might be led by his investigations to doubt the soundness of the government-sponsored interpretation of the history of religion. Nobody would prevent him (...) from publishing a passionate attack on what he would call the liberal view. He would of course have to state the liberal view before attacking it; he would make that statement in the quiet, unspectacular and somewhat boring manner which would seem to be but natural; he would use many technical terms, give many quotations and attach undue importance to insignificant details; he would seem to forget the holy war of mankind in the petty squabbles of pedants. Only when he reached the core of the argument would he write three or four sentences in that terse and lively style which is apt to arrest the attention of young men who love to think. That central passage would state the case of the adversaries more clearly, compellingly and mercilessly than it had ever been stated in the heyday of liberalism, for he would silently drop all the foolish excrescences of the liberal creed which were allowed to grow up during the time when liberalism had succeeded and therefore was approaching dormancy. His reasonable young reader would for the first time catch a glimpse of the forbidden fruit. The attack, the bulk of the work, would consist of virulent expansions of the most virulent utterances in the holy book or books of the ruling party. The intelligent young man who, being young, had until then been somehow attracted by those immoderate utterances, would now be merely disgusted and, after having tasted the forbidden fruit, even bored by them. Reading the book for the second and third time, he would detect in the very arrangement of the quotations from the authoritative books significant additions to those few terse statements which occur in the center of the rather short first part.[24–25]This description of exoteric writing—that is, writing with two teachings: “a popular teaching of an edifying character, which is in the foreground; and a philosophic teaching concerning the most important subject, which is indicated only between the lines” [Strauss 36]—is the principle of reading most closely associated with Strauss and Straussians. What Strauss describes here is the practice of “writing between the lines” by authors holding heterodox views, constrained by the prejudices of their audience or the vested interests of the regimes within which they write. The term is broadly misused by both opponents and students of Strauss’s work themselves and has helped to gain Straussians the mythopoetic status of hermetic school. The popular version of this theory [End Page 98] is that there are writers with secret teachings, and this occasionally lends itself to different kinds of scholarly deception and grandstanding.Strauss, in this passage, refers to the position of a writer in a totalitarian country. This might lead a writer or critic in a liberal, democratic country to conclude wrongly that this kind of writing would not appear in a liberal society where there is no direct suppression of freedom of speech. I wish to suggest in this article that Milton’s Areopagitica uses a form of exoteric writing, what Macaulay calls a “peculiar art,” which addresses itself not just to the dangers of suppression of thought from above, but also to the potential dangers of suppression of thought from below. In liberal regimes, de Tocqueville located the origins of the latter, the suppression of thought from below, in what he called the tyranny of the majority. One contemporary form of this is “political correctness,” an insistence that public writings and speeches be purified to conform to a particular view of what constitutes “unprejudiced” language. Geoffrey Hill has referred to these communally enforced constraints as “the thuggish stereotypes of political correctness,” a phrase which conveys the paradox of a concept which is based simultaneously on a certainty about the incapacity of writers... (shrink)

This essay aims to vindicate the importance of a theory of ordinary citizens' political prudence in a democratic society. It follows a reconstructive method, by looking at the full range of powers and decisions that are enabled by democratic rights in order to show that in contemporary democracies there is room for the exercise of political prudence by ordinary citizens. By the same method, it also reconstructs the main traits and manifestations of citizens' political prudence in the everyday (...) politics of our democracies. Theorizing citizens' political prudence is important for detecting and correcting the ways in which the citizens of a democratic society, as well as its institutions, may fail to fulfil the mandates of such an essential political virtue. (shrink)

In a recent article Paul Cartledge and Matt Edge argue that the modern republican tradition offers a useful framework for understanding the Athenian concept of freedom, and that within this framework the Athenians protected their freedoms without reference to a concept of rights. This paper agrees with both of these conclusions but identifies and corrects three assumptions behind Cartledge and Edge’s argument: that the only purpose of rights is to protect individual freedoms against the state; that rights have no place (...) at all in the republican tradition; and that the ancient Greeks did not understand rights. In fact the Athenians did have an understanding of rights but they did not use rights to protect freedoms. The reason for this is that the protected freedom is a very modern and particularly sophisticated application of the concept of rights. (shrink)

even a brief review of disability narratives shows that many people with disabilities, encompassing a diverse range of impairments, encounter disruptions in their everyday interactions. Individuals with disabilities report that strangers and neighbors alike fail to communicate with them.1 Instead, people defer to friends, partners, and caretakers to offer some command over the interaction. These experiences might be understood as mere annoyances, part of the experience of impairment insofar as it undermines non-disabled individuals’ modes of interaction, leaving them fumbling, seeking (...) assurance that they are handling the situation correctly. But, read less cautiously, these frustrations are emblematic of a... (shrink)

Why, exactly, should we punish children who commit crimes more leniently than adults who commit the same offenses? Gideon Yaffe thinks it is because they cannot vote, and so the strength of their reasons to obey the law is weaker than if they could. They are thus less culpable when they disobey. This argument invites an obvious objection: why not simply enfranchise children, thereby granting them legal reasons that are the same strength as enfranchised adults, and so permitting similarly severe (...) punishment? Yaffe answers this question by arguing that child enfranchisement would objectionably undermine the values of political equality and self-government. This article explores some serious doubts about these arguments. It closes by questioning Yaffe’s reliance on a retributivist theory of punishment, contending that, once we reject retributivism in favor of more humane and productive alternatives, the thesis that child criminals deserve a break—which Yaffe assumes to be undeniably correct—becomes less plausible. (shrink)

This paper reports findings from a study about school staff’s perceptions of the preferences for social interaction that young people have with similar and different others. This tension was explored empirically using scenarios of moral dilemmas to conduct in-depth semi-structured interviews with school staff from special and mainstream secondary schools. The issue was explored with reference to a tension between social inclusion, the principle of embracing difference, and homophily, the concept that similarity breeds connection. The data suggest that homophily and (...) inclusion can come into a tension with an ethical dimension. In education, the homophily/inclusion tension is one between students’ preferences for being among similar others and the moral imperative of including everybody; or between individuality and commonality. Inclusion is often translated into a demand for full participation as the only way to respond ethically to difference. However, the recognition of students’ rights to negotiate their preferences, even when they come into tension with what is considered to be politically correct, is also an ethical position. The paper concludes that the homophily/inclusion tension is constructive as it challenges the moral necessity of inclusion for all, and opens a debate about participatory decision-making and democratic school management. (shrink)

This chapter contains sections titled: Political Equalities and Economic Inequalities Platonic Knowledge and Democratic Ruling Plato's Criticisms of Democratic Freedoms Plato's Democratic Character: Freedom and Equality in the Human Psyche Plato's Criticisms of his Democratic Character.

This essay aims to vindicate the importance of a theory of ordinary citizens' political prudence in a democratic society. It follows a reconstructive method, by looking at the full range of powers and decisions that are enabled by democratic rights in order to show that in contemporary democracies there is room for the exercise of political prudence by ordinary citizens. By the same method, it also reconstructs the main traits and manifestations of citizens' political prudence in the everyday (...) politics of our democracies. Theorizing citizens' political prudence is important for detecting and correcting the ways in which the citizens of a democratic society, as well as its institutions, may fail to fulfil the mandates of such an essential political virtue. (shrink)

Recent debates about the most appropriate political agents for realising social justice have largely focused on the potential value of national political parties on the one hand, and trade unions on the other. Drawing on the thought of Murray Bookchin, this article suggests that democratic municipalist agents – democratic associations of local residents that build and empower neighbourhood assemblies and improve the municipal provision of basic goods and services – can often also make valuable contributions to projects of (...) just social change. I identify a long-term and a more short-term argument for the value of democratic municipalist agency in Bookchin's thought and claim that the latter provides a compelling case for the valuable contributions this form of action can make to the achievement of a wide variety of visions of social justice. This provides a useful partial corrective to recent political theorising about the nature of the partisanship and trade unionism necessary to secure social justice. (shrink)

Human oversight has become a key mechanism for the governance of artificial intelligence (“AI”). Human overseers are supposed to increase the accuracy and safety of AI systems, uphold human values, and build trust in the technology. Empirical research suggests, however, that humans are not reliable in fulfilling their oversight tasks. They may be lacking in competence or be harmfully incentivised. This creates a challenge for human oversight to be effective. In addressing this challenge, this article aims to make three contributions. (...) First, it surveys the emerging laws of oversight, most importantly the European Union’s Artificial Intelligence Act (“AIA”). It will be shown that while the AIA is concerned with the competence of human overseers, it does not provide much guidance on how to achieve effective oversight and leaves oversight obligations for AI developers underdefined. Second, this article presents a novel taxonomy of human oversight roles, differentiated along whether human intervention is constitutive to, or corrective of a decision made or supported by an AI. The taxonomy allows to propose suggestions for improving effectiveness tailored to the type of oversight in question. Third, drawing on scholarship within democratic theory, this article formulates six normative principles which institutionalise distrust in human oversight of AI. The institutionalisation of distrust has historically been practised in democratic governance. Applied for the first time to AI governance, the principles anticipate the fallibility of human overseers and seek to mitigate them at the level of institutional design. They aim to directly increase the trustworthiness of human oversight and to indirectly inspire well-placed trust in AI governance. (shrink)

Andrew Feenberg?s most recent contribution to the critical theory of technology, Questioning Technology , is best understood as a synthesis and extension of the critiques of technology developed by Heidegger and Marcuse. By thus situating Feenberg?s endeavor to articulate and preserve a meaningful sense of agency in our increasingly technologized lifeworld, I show that some of the deepest tensions in Heidegger and Marcuse?s relation re-emerge within Feenberg?s own critical theory. Most significant here is the fact that Feenberg, following Marcuse, exaggerates (...) Heidegger?s ?fatalism? about technology. I contend that this mistake stems from Feenberg?s false ascription of a technological ?essentialismfito Heidegger. Correcting this and several related problems, I reconstruct Feenberg?s ?radical democraticEfficacyll for a counter-hegemonic democratization of technological design, arguing that although this timely and important project takes its inspiration from Marcuse, in the end Feenberg remains closer to Heidegger than his Marcuseanism allows him to acknowledge. (shrink)

In my dissertation, I argue that the enterprise of corrective justice requires answering questions about what is unjust and how we ought to set and pursue corrective justice goals. To answer these questions in a way that will allow us to correct for the persistent and entrenched injustices which result from processes of stratification in our society, I’ll put forward a two-tiered social contract theory, which will allow us to approach these questions in a way that will capture the agreement (...) we can have and allow us to structure the persistent disagreement that we cannot and ought not avoid. In the first tier—the cooperative position—the parties know only that they’re in what I’m calling the ten circumstances of cooperation—the circumstances in which modern cooperation takes place. These circumstances includes the social complexity and opacity inherent in complex cooperative arrangements which have epistemic effects on our social cognition in ways that make our view of our social arrangements at best partial, and work to obscure important features of our social reality, especially those affecting those at the bottom of our stratified social relations. This tier generates four cooperative ideals—proficient rationality, democratic equality, social understanding, and dignity—that function as a theory of justice which can gain an overlapping consensus in society but still allow for meaningful disagreement to take place. In the second tier—the corrective position—the parties have access to the circumstances of cooperation, four cooperative ideals, and a general and specific domination contract. These domination contracts model how stratified social relations operate to constrain people within social systems, including the ways that people think about those systems. I argue that the parties would affirm a principle of corrective justice as involving coalitions of differently-situated actors working together over time to dismantle unjust mechanisms, and five desiderata for applying that principle to circumstances as we confront them. They would do so because that is the only way to overcome the practical and epistemic barriers put in place by the domination contracts. (shrink)

A critical discussion of the consequences for a democratic society of some contemporary philosophical positions. Traditional empiricism, the author holds, can consistently lead only to a politics of force; neo-Thomism leads to a special sort of democracy which, from the outside, is totalitarian; and no protestant philosophy since the idealisms of Royce and Hocking has been consistent. The correct philosophical basis for democracy it is argued, is provided by instrumentalism. The book's conclusions seem, at best, rather inconclusively established; for (...) example, in discussing empirical defenses of the democratic ideal it omits any reference to the work of J. S. Mill.--D. S. (shrink)

Starting from the author’s critique of Ernesto Laclau and Chantal Mouffe, this essay offers a comprehensive interpretation of Slavoj Žižek’s political theory. ŽiŽek’s position drives a wedge between two concepts foundational to Laclau and Mouffe’s ‘radical democratic theory’, namely ‘antagonism’ and ‘anti-essentialism’. Anti-essentialism, it is argued, carries with it a residual utopianism - i.e. a view of political theory as offering a vision of a desirable radicalized society or a ‘radical democratic imaginary’ - that the more radical concept (...) of antagonism forbids. Effectively, anti-essentialism is shown to produce a new kind of ideology, an ideology that Žižek, deeply critical, associates with the shortcomings of multi-culturalism and political correctness. The essay ends with a critical consideration of Žižek’s claim that he himself produced a systematic political theory based upon the insight of antagonism. Having constructed (by way of return to Marx and Engels) a version of Žižek’s project that makes sense of his derision for anti-utopianism by positing a utopian theory without any ‘imaginary’ support, the article closes with critical comments about the effectiveness of such a position. Žižek is seen to offer us a powerful political theory, one that unmasks the hypocrisy in much contemporary work, but also a theory whose limits must give us pause. (shrink)

In spite of much candid protest and overt criticism against the service delivery record and corruption of the South African government, the governing party, the African National Congress, once again secured a persuasive victory in the 2014 national elections. This situation begs the question whether the ballot box is really the only efficient instrument for disgruntled voters to influence government policy and behaviour. This article examines the possibilities that the mobilisation of civil society offers in this regard. The central theoretical (...) argument is that civil society can be an important instrument through which the citizenry can exercise their critical function with regard to the government in an effort to address poor service delivery and corruption and to influence government policy. Christian organisations can play a crucial role in this process. Two examples of past efficient action by civil society serve to illustrate this argument. With the assistance of churches and Christian organisations,these organisations profoundly influenced government policy and are consequently presented as models for action today. The first example is the ‘United Democratic Front’ that forced the pre-1994 South African apartheid government to a negotiated settlement despite the strict security laws that the state utilised to keep the UDF in check. The second example is the ‘Treatment Action Campaign’ that forced the post-1994 Thabo Mbeki government to adopt a policy of free provision of antiretroviral drugs to HIV-positive patients. These two influential civil organisations offer models of how civil society can act as critical watchdog. In future, these models can be used to mobilise civil society, including churches and Christian organisations, to act correctively in defining and enacting government policy, despite the ANC’s strong position in government and the large majority that the governing party can secure at the voting polls. (shrink)

In his early lectures, published as On the Future of Our Educational Institutions, Nietzsche attempts to expose contemporary education as overly extensive and being weakened, and as such, failing to turn pupils and students into men of culture. The aim of my paper is to present a comprehensive consideration of the present condition of democratic educational institutions through Nietzsche's clairvoyantly pessimistic assessment. I enter the discussion through two Nietzschean concepts, levelling and misarchism, which, although not found in the mentioned (...) text explicitly, resonate throughout Nietzsche's 1872 lectures and were to become increasingly important with each subsequent publication. Regardless of the common trend in the so-called Nietzsche studies to analytically strive for and determine the true or the correct interpretation of his works, ideas and concepts, my paper presupposes the inevitable evasiveness of his philosophy, and focuses rather on the very insight of his that can be of great use in seeking answers to the crucial question of the present democratic society: what can be expected of our educational institutions? (shrink)

In his early lectures, published as On the Future of Our Educational Institutions, Nietzsche attempts to expose contemporary education as overly extensive and being weakened, and as such, failing to turn pupils and students into men of culture. The aim of my paper is to present a comprehensive consideration of the present condition of democratic educational institutions through Nietzsche's clairvoyantly pessimistic assessment. I enter the discussion through two Nietzschean concepts, levelling and misarchism, which, although not found in the mentioned (...) text explicitly, resonate throughout Nietzsche's 1872 lectures and were to become increasingly important with each subsequent publication. Regardless of the common trend in the so-called Nietzsche studies to analytically strive for and determine the true or the correct interpretation of his works, ideas and concepts, my paper presupposes the inevitable evasiveness of his philosophy, and focuses rather on the very insight of his that can be of great use in seeking answers to the crucial question of the present democratic society: what can be expected of our educational institutions? (shrink)

The political philosophy of radical democracy has made innumerable invaluable contributions to theories of democracy. However, while radical democrats tend to focus on the political, a cogent and comprehensive framework of law appropriate to radical democracy has only recently been begun to be developed. Interpreting the vast tradition of radical democracy to be based at least on the fundamental tenets of radical equality, anti-foundationalism, and to a lesser extent conflict, this paper argues that the oft-forgotten work of the American legal (...) philosopher Robert Cover may provide critical resources for a radical democratic theory of law. According to Cover, every agent living under law is embedded, or embeds themselves, within a nomos or normative universe. From this nomos legal texts become imbued with widely different meanings, many of which will be mutually incompatible. Cover’s legal anarchism, moreover, gives way to the argument that no agent or institution has a particularly privileged view of the ‘correct’ law. Accordingly, every legal texts gives rise to a proliferation of normative universes which due to their mutual incompatibility will eventually come into conflict with one another. This paper shows that Cover’s normative commitments are highly congruent with those professed by many radical democrats, and that therefore Cover’s legal philosophy furnishes a fruitful basis on which to further theorise a framework of radical democratic or agonistic law that incorporates struggle while remaining committed to equality and disavowing of any determinate foundations. (shrink)

Evaluating the role and opportunities of state correction of the functions of religious organizations, it must be recognized that the state is not able to administratively change those trends and forms of activity that express the social purpose of religious associations and organizations.

The authors of this essay have been committed practitioners and teachers of Philosophy for Children in a variety of educational settings, from pre-schools through university doctoral programs and in adult community and religious education programs. The promotion of critical thinking has always been a primary goal of this movement. But communal practices of critical thinking need to include other kinds of democratic conversation that prompt us to see others as full-fledged persons and to be curious about how our being (...) in community with them makes growth and self-correction possible. As we continue to experiment and innovate in new contexts we see ourselves continuing the inquiry around expanding the inclusivity of conversations about basic human concerns. In this essay we describe an inclusive strategy called the story circle, that was first developed as a method of popular education in Denmark and was then adapted as a tool of social change among poor and dis-empowered American citizens in Appalachia. Story circles were later utilized in a philosophical living-learning community and most recently coupled with Lipman and Sharp’s dialogue method of the community of philosophical inquiry. The authors of this paper have combined story circles with the community of philosophical inquiry in a variety of contexts. In each iteration, telling one’s own story and listening carefully to the stories of others can be equally revelatory actions. (shrink)

Athenian citizens deliberate in the assembly, but the theatre also becomes a place for public debate. In addition to being a consequence of economic or cultural aspects, democracy is a consequence of the development of a democratic imaginary. Located in that imaginary, Greek tragedies, regarded as «democratic myths», work to reaffirm Athenian democracy. Far from being dogmatic, the tragic myth explores the contradictions of social and personal life and implicitly or explicitly seeks their correction. This dramatic genre encourages (...) participation from the spectator (citizen) that greatly exceeds the schematic reduction in Aristotelian theory of catharsis. Greek tragedy proposes the existence of an «audience», of spectators who need a sufficient level of maturity to make that assessment. Democracy is a path, or perhaps an active utopia, which should combine the political order with a coherent culture and art.Los ciudadanos atenienses deliberaban en la asamblea, pero también el teatro se convierte en un lugar de debate público. Porque una democracia (también la ateniense) no solo es consecuencia de aspectos económicos o de orden cultural, sino también del desarrollo de un imaginario democrático. Y es en dicho imaginario donde se inscriben las tragedias griegas, consideradas como «mitos democráticos» que servían para reafirmar la democracia ateniense. Lejos de cualquier dogmatismo, el mito trágico explora las contradicciones de la vida social y personal, y se pregunta, de manera expresa o tácita, por su posible corrección. Este género dramático induce a una participación del espectador (ciudadano), que va más allá de la esquemática reducción de la teoría aristotélica de la catarsis. El teatro griego propone la existencia de un «público», de unos espectadores que precisan de una gran madurez para emitir ese juicio. La democracia es un camino, o quizás una utopía activa, que debe conjugar el orden político con una cultura y un arte coherentes. (shrink)

Allan Hutchinson’s recent book, The Province of Jurisprudence Democratized, considers what is involved in seeking to establish the province of jurisprudence as a distinctive field of inquiry.Hutchinson’s principal concern with the democratization of law, legal theory, and the province of jurisprudence is examined in detail. The process of democratization and its anti-elitist character is traced through Hutchinson’s opposition to the aloof philosophical analysis of the universal in favour of an engagement with local and particular issues. However, the weight Hutchinson places (...) on his conception of strong democracy, so as to provide a different understanding of the law-power nexus and of the relationship between law and morality operating in strong democracies, is shown to be misplaced. Two related failings are pointed out.First, there is a failure to recognize competing groupings within the people, which contradict the uniform collective body Hutchinson associates with those formerly governed by elites and then constituting those liberated to exercise self-governance. Secondly, this links into Hutchinson’s exclusive preoccupation with the participatory axis of democracy – which he regards as the core feature of strong democracy as well as the basis for the law-power nexus and the law-morality relationship within a strong democracy. This is revealed as an inadequate and impoverished understanding of democracy once the presence of competing groupings within the people is acknowledged. These corrections have important consequences for a role for law that cannot be reduced solely to politics, and for a broader sweep to analytical jurisprudence than Hutchinson allows.Hutchinson’s own efforts to capture the province of jurisprudence are then assessed. These are recharacterized as seeking to establish within a split field of inquiry a theory of strong democratic law, but, in the absence of a convincing account of the nature of democracy and its relationship with law, the project is judged to be unfulfilled. (shrink)

This essay focuses on one aspect of the social thought of Martin Luther King, Jr.: his social ethics. Specifically, it poses the question whether, in what sense, and from what time it is correct to consider King a democratic socialist. The essay argues that King was in fact a democratic socialist and, contrary to the implications of some recent interpreters who have focused on transformation and radicalization in King's thought, that King's democratic socialism was rooted in his (...) formative experience of the black religious tradition and was manifested from his student days at Crozer Theological Seminary forward. The change that may be discerned in King's later years was only a refinement, not a transformation, of his basic orientation. (shrink)

In his newest book, Botwinick continues a project begun in earlier works: presenting a "generalized agnosticism" that can provide support for participatory democracy in a postmodern culture. To be sure, this project's premises are still far from certain. There is no reason to assume that our entire society is moving into a culture being shaped by postmodern philosophers, though Botwinick is correct that the acids of skepticism have eaten deeply into most traditional systems of belief. Unlike dogmatic skeptics, moreover, Botwinick (...) does make clear that his own method can never escape entirely the taint of circularity. Like dialectic historicists and others who seek to relativize once settled opinions, skeptics, we are told, often hide the foundations of their own critical thinking. They therefore elevate to a privileged status their methods and views without acknowledging their epistemic limits. (shrink)

How should we understand the familiar demand that journalists ‘be objective’? One possibility is that journalists are under an obligation to report only the facts of the matter. However, facts need to be interpreted, selected, and communicated. How can this be done objectively? This paper aims to explain the concept of journalistic objectivity in methodological terms. Specifically, I will argue that the ideal of journalistic objectivity should be recast as a commitment to John Rawls’s conception of public reason. Journalism plays (...) a vital role in the operation of all modern liberal democracies, functioning as the public watchdog, the fourth estate, or the conduit through which vital information flows to the citizenry. Journalism is, therefore, an institution that is best understood as part of the basic structure of society. In Political Liberalism, Rawls explicitly excludes media of any kind from the demands of public reason because he doesn’t think that they play a political role that is important enough to bring them under the official auspices of public reason. I will argue that overlooking the political significance of journalism is a mistake, but one that can be corrected while keeping within the spirit and most important elements of his theory. This revision will widen the scope for what counts as journalism beyond traditional outlets and forms of media but will impose the demands of public reason on anyone who intends to participate in the institution. (shrink)