It is now widely accepted as an ideal that democracy should be as deliberative as possible. Democracy should not involve a tussle between different interest groups or lobbies in which the numbers matter more than the arguments. And it should not be a system in which the only arguments that matter are those that voters conduct in an attempt to determine where their private or sectional advantage lies. Democracy, it is said, should promote public deliberation among citizens (...) and authorities as to what does best for the society as a whole and should elicit decision-making on that basis. But the ideal of deliberative democracy has two components—the deliberative and the democratic—and often they pull apart. In this paper I look in the first section at a series of problems that arise on the deliberative front, arguing that their resolution requires various degrees of depoliticization. And then I ask in the second whether the depoliticizing responses that those problems require are antithetical to the ideal of democracy. I argue that they are not in tension with the ideal, if that ideal is cast in the relatively revisionary, two-dimensional form that I favour. (shrink)

In the intellectual confusion prevailing since the demise of Marxism and “marxism”, the attempt is made to define democracy as a matter of pure procedure, explicitly avoiding and condemning any reference to substantive objectives. It can easily be shown, however, that the idea of a purely procedural “democracy” is incoherent and self-contradictory. No legal system whatsoever and no government can exist in the absence of substantive conditions which cannot be left to chance or to the workings of the (...) “market” but must be posited as objectives of political activity. The confusion results from a deficient understanding of what makes a society and an empty idea of “freedom”. The objective of politics is not happiness, an affair to be left to the individuals, but it certainly is liberty understood as participation in the governance of the polity; it is also the pursuit of the common good, defined as the sum of the prerequisites and facilitations of individual autonomy depending on collective action, and as the realization of commonly agreed collective goals. (shrink)

John Rawls argued that democracy must be justifiable to all citizens; otherwise, a democratic society is oppressive to some. In A Pragmatist Philosophy of Democracy (), Robert B. Talisse attempts to meet the Rawlsian challenge by drawing from Charles S. Peirce's pragmatism. This article first briefly canvasses the argument of Talisse's book and then criticizes its key premise concerning (normative) reasons for belief by offering a competing reading of Peirce's “The Fixation of Belief” (). It then proceeds to (...) argue that Talisse's argument faces a dilemma: his proposal of epistemic perfectionism either is substantive and can be reasonably disagreed about or is minimal but insufficient to ground a democratic society. Consequently, it suggests that the Rawlsian challenge can only be solved by abandoning Rawls's own notion of reasonableness, and that an interesting alternative notion of reasons can be derived from Peirce's “Fixation.”. (shrink)

What are the characteristics to be included in a fruitful definition of democracy? More important still, which of the features commonly considered democratic had better be excluded from the dinning characteristics?

Journal of Social Philosophy, Volume 53, Issue 2, Page 202-220, Summer 2022.

This essay asks if there is a role for an active public in ratcheting down the harsh politics of crime control in the United States and the United Kingdom that has led to increased use of the criminal law and greater severity in punishment. It considers two opposing answers offered by political and legal theorists and then begins to develop a participatory democratic framework for institutional reform.

Many writers claim that democratic government rests on a principled commitment to the ideal of political equality. The ideal of political equality holds that political institutions ought to be arranged so that they distribute political standing equally to all citizens. I reject this common view. I argue that the ideal of political equality, under its most plausible characterizations, lacks independent justificatory force. By casting doubt on the ideal of political equality, I provide indirect support for the claim that democratic government (...) is only instrumentally justified. (shrink)

In the face of the ever-growing effect the actions of the present may have upon future people, most conspicuously around climate change, democracy has been accused, with good justification, of a presentist bias: of systemically favouring the presently living. By contrast, this paper will argue that the intimate relation, both quasi-ontological and normative, that Derrida's work establishes between temporality and justice insists upon another, more future-regarding aspect of democracy. We can get at this aspect by arguing for two (...) consequences of the deconstructive affirmation of sur-vivre, of the alterity of death in life. Firstly, justice is not first of all justice for the living, but intergenerational from the start. This is so because no generation coincides with itself; rather, it dies and is reborn at every moment, and so – and this is the second consequence – consists in taking turns. Affirming life as living-on means affirming that it involves exchanging life's stations, as the young become the old, and the unborn become the dead. In this sense, the justice of living-on, I will argue, shares an essential feature with democracy, whose principle of exchanging the rulers with the ruled led Derrida to characterize it in terms of the wheel. Democracy consists in the principled assent to power changing hands, a switchover life demands of every generation at every turn. This assent further requires an acceptance of the gift of inheritance without which no life can survive. But as the gift can also never be fully acknowledged or appropriated, it must be passed on to the indefinite, unknown future, in a turning that is the time of life. (shrink)

Some scientists suggest that it might be possible to reflect a portion of incoming sunlight back into space to reduce climate change and its impacts. Others argue that such solar radiation management (SRM) geoengineering is inherently incompatible with democracy. In this article, we reject this incompatibility argument. First, we counterargue that technologies such as SRM lack innate political characteristics and predetermined social effects, and that democracy need not be deliberative to serve as a standard for governance. We then (...) rebut each of the argument’s core claims, countering that (1) democratic institutions are sufficiently resilient to manage SRM, (2) opting out of governance decisions is not a fundamental democratic right, (3) SRM may not require an undue degree of technocracy, and (4) its implementation may not concentrate power and promote authoritarianism. Although we reject the incompatibility argument, we do not argue that SRM is necessarily, or even likely to be, democratic in practice. (shrink)

This work analyzes the fundamental values upon which the new democratic legal order in South Africa is based. It examines the challenges posed by these developments to legal practice and scholarship and concludes that lawyers have adopted an approach of business as usual to the new order.

El presente artículo explora los retos políticos que plantea la democracia directa. En el pensamiento político de Locke la democracia representativa consiste en el compromiso de mantener la estructura económica de laisser-faire, mientras que la democracia directa rousseauniana que demanda homogeneidad acaba por no ser muy democrática. La cuestión en juego es si puede haber un régimen político capaz de acoger tanto una participación inclusiva como la diversidad existente de los participantes. Se presentan dos respuestas diferentes a esta pregunta a (...) través de las obras de Jean-Luc Nancy y Jacques Rancière. (shrink)