This book challenges the conventional wisdom that improving democratic politics requires keeping emotion out of it. Marcus advances the provocative claim that the tradition in democratic theory of treating emotion and reason as hostile opposites is misguided and leads contemporary theorists to misdiagnose the current state of American democracy. Instead of viewing the presence of emotion in politics as a failure of rationality and therefore as a failure of citizenship, Marcus argues, democratic theorists need to understand that (...) emotions are in fact a prerequisite for the exercise of reason and thus essential for rational democratic deliberation and political judgment. Attempts to purge emotion from public life not only are destined to fail, but ultimately would rob democracies of a key source of revitalization and change. Drawing on recent research in neuroscience, Marcus shows how emotion functions generally and what role it plays in politics. In contrast to the traditional view of emotion as a form of agitation associated with belief, neuroscience reveals it to be generated by brain systems that operate largely outside of awareness. Two of these systems, "disposition" and "surveillance," are especially important in enabling emotions to produce habits, which often serve a positive function in democratic societies. But anxiety, also a preconscious emotion, is crucial to democratic politics as well because it can inhibit or disable habits and thus clear a space for the conscious use of reason and deliberation. If we acknowledge how emotion facilitates reason and is "cooperatively entangled" with it, Marcus concludes, then we should recognize sentimental citizens as the only citizens really capable of exercising political judgment and of putting their decisions into action. (shrink)

This paper outlines and explores the problem of democratic dirty hands, the sui generis moral situation where democratic politicians justifiably violate both a cherished moral principle and the fundamental processes of democratic governance. Some recent contributions to the dirty-hands debate have argued that the principles of democratic governance render DDH impossible. The paper rejects this view as based on a misunderstanding of the minimal and necessary conditions for both DH and democratic overnance. However, DDH does (...) raise interesting issues concerning the complicity of citizens with their politicians’ DH. Citizens are accessories to such acts and have a duty to contribute to the reparations for the victims of DDH. Furthermore, as citizens bear some responsibility for the moral violations that were done in their name, they properly ought to feel some of the moral pollution that these actions generated. (shrink)

Traditional arguments for privacy in public suggest that intentionally public activities, such as political speech, do not deserve privacy protection. In this article, I develop a new argument for the view that surveillance of intentionally public activities should be limited to protect the specific good that this context provides, namely democratic legitimacy. Combining insights from Helen Nissenbaum’s contextualism and Jürgen Habermas’s theory of the public sphere, I argue that strategic surveillance of the public sphere can undermine the capacity of (...) citizens to freely deliberate in public and therefore conflicts with democratic self-determination. (shrink)

While much ink has been spilt over the political importance of speech, much less has been dedicated to the political importance of silence. This article seeks to fill that gap. We propose the need for a robust, democratic right to silence in public life and argue that there are politically salient epistemic reasons for recognising that right. We begin by defining what silence is and what a robust right to silence entails. We then argue that the right to silence (...) offers two politically salient epistemic benefits. The first is that, if the right to silence is maintained, we can avoid the epistemic harm that may be caused when an individual is compelled to lie in public. The second is that the right to silence can protect marginalised individuals against the epistemic injustices that may arise when others are likely to misconstrue their speech. (shrink)

In Civic Liberalism, prominent political theorist Thomas A. Spragens, Jr. asserts that most versions of democratic ideals—libertarianism, liberal egalitarianism, difference liberalism, and the liberalism of fear—lead our polity significantly astray. Spragens offers another alternative. He argues that we should recover the multiple and complex aspirations found within the tradition of democratic liberalism and integrate them into a more compelling public philosophy for our time—or what he calls civic liberalism.

The concept of constituent power plays a major part in modern political and legal theory- in how we think about the political. This book tackles the twofold issue of public authority and public autonomy in the modern conception of the political by analysing the notion of constituent power, its function in the modern political apparatus, and debates about its meaning and function in our own context. Focusing on contemporary debates on constitutionalism "beyond" the state, Geneviève Nootens assesses the prospects for (...) recasting the notion of constituent power in a polycentric setting that challenges state sovereignty as embodying the autonomy of the political. In doing so, she argues that constituent power belongs with the conceptual apparatus of a theory of government peculiar to a statist way of knowing, and being into, the world, and that it is too much dependent upon the statist framework for it to have critical purchase on new mappings of public authority. Nootens stresses the critical need to frame public authority appropriately if we are to conceptualize a conception of collective political agency that can sustain public autonomy in the current era. Constituent Power Beyond the State will be of interest to students and scholars of political theory, democratic theory, law, and constitutionalism. (shrink)