This book offers a systematic treatment of the requirements of democratic legitimacy. It argues that democratic procedures are essential for political legitimacy because of the need to respect value pluralism and because of the learning process that democratic decision-making enables. It proposes a framework for distinguishing among the different ways in which the requirements of democratic legitimacy have been interpreted. Peter then uses this framework to identify and defend what appears as the most (...) plausible conception of democratic legitimacy. According to this conception, democratic legitimacy requires that the decision-making process satisfies certain conditions of political and epistemic fairness. (shrink)

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

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)

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

What obligations are there on voters? This paper argues that voters should make their electoral decision competently, and does so by developing on a recent proposal for democratic legitimacy. It then explores three problems arising from this ‘competency obligation’. First, how should voters be competent? I propose three conditions required for voter competence. Second, how competent should voters be? I argue that the competency required tracks the significance of the consequences of the vote. Third, if the electorate are (...) unlikely to deliver a competent decision, should suffrage be restricted to the competent alone? I defend unrestricted suffrage on the grounds that restricting suffrage cannot guarantee a competently made electoral decision. Instead, obligations on voters should be minimised by political parties satisfying their obligations to be politically sound; if they are sound, then the obligation to be competent can be easily satisfied by voters. (shrink)

Elitist scepticism of democracy has a venerable history. This paper responds to the latest round of such scepticism—the ‘competence objection’, articulated in recent work by Jason Brennan. Brennan’s charge is that democracy is unjust because it allows uninformed, irrational, and morally unreasonable voters to exercise power over high-stakes political decisions, thus imposing undue risk upon the citizenry. I show that Brennan’s objection admits of two interpretations, and argue that neither can be sustained on close examination. Along the way, I consider (...) the merits of Brennan’s preferred ‘epistocratic’ alternative to democracy, and argue that it is likely to lead to lower-quality outcomes. (shrink)

To what extent are questions of sovereign debt a matter for political rather than scientific or moral adjudication? We answer that question by defending three claims. We argue that (i) moral and technocratic takes on sovereign debt tend to be ideological in a pejorative sense of the term, and that therefore (ii) sovereign debt should be politicised all the way down. We then show that this sort of politicisation need not boil down to the crude Realpolitik of debtor-creditor power relations—a (...) conclusion that would leave no room for normative theory, among other problems. Rather, we argue that (iii) in a democratic context, a realist approach to politics centred on what Bernard Williams calls ‘The Basic Legitimation Demand’ affords a deliberative approach to the normative evaluation of public debt policy options. (shrink)

The paradox of persisting opposition raises a puzzle for normative accounts of democratic legitimacy. It involves an outvoted democrat who opposes a given policy while supporting it. The article makes a threefold contribution to the existing literature. First, it considers pure proceduralist and pure instrumentalist alternatives to solve the paradox and finds them wanting — on normative, conceptual, and empirical grounds. Second, it presents a solution based on a two-level distinction between substantive and procedural legitimacy that shows (...) that citizens are consistent in endorsing the upshot of democratic procedures while opposing it. Third, it unpacks three reasons to non-instrumentally endorse such procedures — namely, the presence of reasonable disagreement, non-paternalism, and the right to democratically do wrong. In so doing, the article shows that those accounts of democratic legitimacy that rely on reasonable disagreement as a necessary condition for democratic procedures being called for are flawed, or at least incomplete, and offers a more complete alternative. (shrink)

Research Articles John Tomasi, Social Philosophy and Policy, FirstView Article.

The use of Genetic Modification in food is the subject of deep political disagreement. Much of the disagreement involves different perceptions of the kinds of risks posed by pursuing GM food, and how these are to be tolerated and regulated. As a result, a primary institutional site of GM food politics is regulatory agencies tasked with risk assessment and regulation. Locating GM food politics in administrative areas of governance regimes produces unique challenges of democratic legitimacy, conventionally secured through (...) legislative channels. In particular, debate over the ends of a society’s policy on GM food inevitably continues in these institutional locations, despite conventional instrumental understandings of administrative legitimacy resting on effective application of ‘ends-means’ norms. This paper assesses the two major regulatory frameworks currently applied to GM food—the ‘precautious’ and ‘proof of harm’ approaches—and presents their respective limits in securing the procedural and substantive dimensions of the legitimacy of administrative deference in democratic societies. On the basis of these criticisms, a synthesized and emergent approach—‘experiential precaution’—is presented as having the resources to deepen the legitimacy of risk governance institutions in the case of GM food. It is characterized by deepened participatory practices of negotiated rulemaking and inclusion of further substantive requirements in approval criteria. (shrink)

Barnard argues that Western democracy, if it is to continue to exist as a legitimate political system, must maintain the integrity of its application of performative principles. Consequently, if both social and political democracy are legitimate goals, limitations designed to curb excessive political power may also be applicable in containing excessive economic power. Barnard stresses that whatever steps are taken to augment civic reciprocity, the observance and self-imposition of publicly recognized standards is vital. Democratic Legitimacy will appeal to (...) political scientists and philosophers, as well as specialists in democratic theory. (shrink)

Does the politicization of international authority help to reduce democratic deficits beyond the state? In this paper I argue that politicization provides a useful springboard for remedying democratic deficits at the EU and global level. Despite this promise, there are a range of concerns that inhibit a direct relationship between politicization and increased democratic legitimacy. The paper unpacks what politicization is and how it might relate to democratic legitimacy. It then argues that problems surrounding (...) representation – in particular the constructivist view of representation – complicates this relationship. Significantly the notion of mobilization generates suspicions of democratic representational legitimacy. In response, the paper details a framework for assessing the democratic legitimacy of representative claims under conditions of politicization that responds to the aforementioned concerns. This framework is briefly applied to the cases of TTIP and TPP to show its merits. (shrink)

This paper analyses the possibility of granting legitimacy to democratic decisionmaking procedures in a context of deep pluralism. We defend a multidimensional account according to which a legitimate system needs to grant, on the one hand, that citizens should be included on an equal footing and acknowledged as reflexive political agents rather than mere beneficiaries of policies, and, on the other hand, that their decisions have an epistemic quality. While Estlund’s account of imperfect epistemic proceduralism might seem to (...) embody a dualistic conception of democratic legitimacy, we point out that it is not able to recognize citizens as reflexive political agents and is grounded in an idealized model of the circumstances of deliberation. To overcome these ambiguities, we develop an account of democratic legitimacy according to which disagreement is the proper expression of citizens’ reflexive agency and the attribution of epistemic authority does not stem from a major expertise or specific ability, but it comes through the public confrontation among disagreeing agents. Consequently, the epistemic value of deliberation should be derived from the reasons-giving process rather than from the reference to the alleged quality of its outcomes. In this way, we demonstrate the validity of the multidimensional perspective of legitimacy, yet abstain from introducing any outcome-oriented criterion. Finally, we argue that this account of legitimacy is well suited for modeling deliberative democracy as a decision-making procedure that respects the agency of every citizen and grants her opportunity to influence public choices. (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)

The deliberative turn in political philosophy sees theorists attempting to ground democratic legitimacy in free, rational, and public deliberation among citizens. However, feminist theorists have criticized prominent accounts of deliberative democracy, and of the public sphere that is its site, for being too exclusionary. Iris Marion Young, Nancy Fraser, and Seyla Benhabib show that deliberative democrats generally fail to attend to substantive inclusion in their conceptions of deliberative space, even though they endorse formal inclusion. If we take these (...) criticisms seriously, we are tasked with articulating a substantively inclusive account of deliberation. I argue in this article that enriching existing theories of deliberative democracy with Fricker's conception of epistemic in/justice yields two specific benefits. First, it enables us to detect instances of epistemic injustice, and therefore failures of inclusion, within deliberative spaces. Second, it can act as a model for constructing deliberative spaces that are more inclusive and therefore better able to ground democratic legitimacy. (shrink)

This Article explores the unacknowledged impact of the scientific provenance of modern law. Justice, I argue, is threatened by social scientific thinking that subordinates justice to legitimacy, efficiency, and fairness. In doing so, I show that the power of the asserted connection between positive law and democracy depends upon a dangerous blurring of the distinction between justice and legitimacy. Finally, I offer an alternative genealogy of positive law that shows modern law to have been transformed into a science. (...) My hope is that by pointing to the threatened loss of justice as an ideal, my work can help to hold open the possibility that law reclaim its foundation in the art of judgment instead of the science of law. (shrink)

Many international courts have developed into institutions of public authority; this begs the question of their legitimation. This Article addresses their democratic legitimation and argues that Articles 9-12 of the E.U. Treaty provide a promising blueprint for its conceptualization, fusing theories focused on representation, participation and deliberation. This fusion points the way towards conceiving and developing the democratic credentials of institutions beyond the state in general. Soft law used by international judges, their election, procedure and reasoning will appear (...) in a new light. (shrink)

Are the current practices of large corporations incompatible with democratic political ideology? Are multinational corporations too powerful to be constrained by democracy in practice? This paper makes a strong case that the answers may be “yes.” For example, large local corporations can constrain the democratic process in small towns on matters such as tax exemption, by threatening to leave the area. also large multinational companies can apply force to national congressional votes on product safety reform by threatening to (...) move home offi ces to other countries (taking their products and tax dollars with them). The author argues that in many cases democracy is not functioning properly due to the power of corporations to constrain the ability of citizens to freely enact laws. (shrink)

In this paper I examine the question of what duties the principles of democratic legitimacy prescribe for receiving states towards asylum seekers in general, and towards those who belong to vulnera...

Barnard demonstrates that in a democracy accountability is more than damage control and must be part of considerations in the political forum before decisions are made, not just after the fact when trying to assign blame.".

In political science, the theme of critical citizenship is often interpreted negatively and understood to express distrust. However, criticism can be motivated by positive aspirations towards democracy and how to improve it. In order to test this idea, we asked respondents to the Democracy and citizenship survey to rank how the features of different types of democratic legitimacy appealed to them. The module adopted an innovative methodology by bringing together philosophy (political theory) and political science. This approach led (...) to a series of results that tempered and questioned the more prevalent pessimistic understandings of critical citizenship. Furthermore, this article looks closely at controversy surrounding the meaning ascribed to criticism and discusses the presuppositions made by many political sociology studies and their differing hypotheses on critical citizenship. It shows that the very definition of criticism remains unclear and proposes a ‘critical understanding of criticism’ adopting a meta-critical stance (as is often the case in philosophy) to better identify four possible types of criticism: reactive criticism (primary), evaluative, propositional (first or secondary order) and pluralist political criticism. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 9, Page 1199-1225, November 2022. In political science, the theme of critical citizenship is often interpreted negatively and understood to express distrust. However, criticism can be motivated by positive aspirations towards democracy and how to improve it. In order to test this idea, we asked respondents to the Democracy and citizenship survey to rank how the features of different types of democratic legitimacy appealed to them. The module adopted an innovative methodology (...) by bringing together philosophy and political science. This approach led to a series of results that tempered and questioned the more prevalent pessimistic understandings of critical citizenship. Furthermore, this article looks closely at controversy surrounding the meaning ascribed to criticism and discusses the presuppositions made by many political sociology studies and their differing hypotheses on critical citizenship. It shows that the very definition of criticism remains unclear and proposes a ‘critical understanding of criticism’ adopting a meta-critical stance to better identify four possible types of criticism: reactive criticism, evaluative, propositional and pluralist political criticism. (shrink)

In political science, the theme of critical citizenship is often interpreted negatively and understood to express distrust. However, criticism can be motivated by positive aspirations towards democracy and how to improve it. In order to test this idea, we asked respondents to the Democracy and citizenship survey to rank how the features of different types of democratic legitimacy appealed to them. The module adopted an innovative methodology by bringing together philosophy and political science. This approach led to a (...) series of results that tempered and questioned the more prevalent pessimistic understandings of critical citizenship. Furthermore, this article looks closely at controversy surrounding the meaning ascribed to criticism and discusses the presuppositions made by many political sociology studies and their differing hypotheses on critical citizenship. It shows that the very definition of criticism remains unclear and proposes a ‘critical understanding of criticism’ adopting a meta-critical stance to better identify four possible types of criticism: reactive criticism, evaluative, propositional and pluralist political criticism. (shrink)

Political theorists have long criticized policies that deny voting rights to convicted felons. However, some have recently turned to democratic theory to defend this practice, arguing that democratic self-determination justifies, or even requires, disenfranchising felons. I review these new arguments, acknowledge their force against existing criticism, and then offer a new critique of disenfranchisement that engages them on their own terms. Using democratic theory’s “all-subjected principle,” I argue that liberal democracies undermine their own legitimacy when they (...) deny the vote to felons and prisoners. I then show how this argument overcomes obstacles that cause problems for other critiques of disenfranchisement. (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)

The democratic legitimacy ideal requires value judgments in science to be legitimised by democratic procedures in order for them to reflect the public interest or democratic aims. Such a view has been explicitly defended by Intemann (2015) and Schroeder (2021), amongst others, and reflects a more widely shared commitment to a democratisation of science and integration of public participation procedures. This paper suggests that the democratic legitimacy ideal in its current form does not leave (...) space for partisan science – science that is politically or societally engaged. This is problematic because partisan research can contribute substantially to science and society, a point that I will illustrate with a recent case study from the Netherlands. To resolve this problem, I scrutinise the notion of democratic legitimacy and consider its use in the values in science discourse. Current discussions focus on democratic decision-making procedures to legitimise specific value judgements. I show that this focus does not adequately represent sound procedures of legitimisation at the hand of political theories of representation. Consequently, I develop a different approach: I propose to consider scientists as a special case of representatives who are authorised to make independent value judgements while nevertheless being constrained by the demands of their constituencies. Based on this approach, I argue that values in science do not need to be based on democratically agreed upon aims or the public interest in every instance. Instead, I advocate for a pluralist system of scientific mandates, which differs from both value pluralism and the democratic legitimacy ideal. (shrink)

In modern democracies, moral experts play an increasingly important role in law-making. Apart from the question of which competences characterize moral experts, their influence on the legitimacy of democratic procedures must be discussed. On the one hand, the contribution of moral experts promises to improve the quality of decision making. On the other hand, however, moral experts cannot claim to represent the will of the people. In this essay, at first a concept of the moral expert will be (...) sketched which does without the assumption of a privileged access to 'moral truths'. Then a procedural understanding of democratic legitimacy without epistemic components will be defended. Finally there will be a distinction between the purely consultative and the quasi-legislative tasks of ethics committees. Whereas councelling by moral experts does not influence the legitimacy of democratic procedures, giving them quasilegislative functions is connected to risks in this respect. (shrink)

Economic theories of democratic legitimacy have criticized deliberative accounts of democratic legitimacy on the grounds that they do not represent a practical possibility and that they create conditions that make actual democracies worse. It is not simply that they represent the wrong ideal. Rather, they are too idealistic – failing to show proper regard for the cognitive and moral limitations of persons and the depth of disagreement in democratic society. This article aims to show that (...) the minimalist criterion of democratic legitimacy is self-defeating and that even if there are minimal cognitive, moral, and social requirements for the possibility of practicable deliberative democracy, these limitations do not necessarily impose insuperable barriers for democratic deliberation as the normative basis of democratic legitimacy. Thus, the limiting facts do not dictate the structure of appropriate normative models of democracy in the way minimalists have supposed. (shrink)

Machine learning algorithms are increasingly used to support decision-making in the exercise of public authority. Here, we argue that an important consideration has been overlooked in previous discussions: whether the use of ML undermines the democratic legitimacy of public institutions. From the perspective of democratic legitimacy, it is not enough that ML contributes to efficiency and accuracy in the exercise of public authority, which has so far been the focus in the scholarly literature engaging with these (...) developments. According to one influential theory, exercises of administrative and judicial authority are democratically legitimate if and only if administrative and judicial decisions serve the ends of the democratic law maker, are based on reasons that align with these ends and are accessible to the public. These requirements are not satisfied by decisions determined through ML since such decisions are determined by statistical operations that are opaque in several respects. However, not all ML-based decision support systems pose the same risk, and we argue that a considered judgment on the democratic legitimacy of ML in exercises of public authority need take the complexity of the issue into account. This paper outlines considerations that help guide the assessment of whether a ML undermines democratic legitimacy when used to support public decisions. We argue that two main considerations are pertinent to such normative assessment. The first is the extent to which ML is practiced as intended and the extent to which it replaces decisions that were previously accessible and based on reasons. The second is that uses of ML in exercises of public authority should be embedded in an institutional infrastructure that secures reason giving and accessibility. (shrink)

Using a recent example from US politics as representative of contemporary liberal democracies, this chapter highlights how public opinion is shaped through the exploitation of our epistemic interdependence and partisan bias. Climate change was an important issue leading into the 2010 US mid-term elections. Public opinion on climate change was subject to a number of willfully disseminated distorting influences, having a significant impact on the election’s outcome and subsequent political discourse surrounding climate change policies. One impact of this type of (...) exploitation is that it has epistemically compromising effects on the electorate, which in turn undermines democratic legitimacy. In the interest of defending democratic legitimacy, this chapter suggests we re-evaluate and update those liberal institutions necessary for informed public opinion surrounding our current political epistemic needs. (shrink)