This chapter aims to present a theoretical survey of political representation of future generations. The chapter focuses on two main normative justifications of representation of future generations. The first appeals to intergenerational justice and the second to democratic legitimacy. Then, the chapter addresses possible objections to the representation of future generations. These objections are: first, we should prevent the inflation of representation; second, representation of future people is not really political representation; third, (...) representation of future people is unnecessary. The next part discusses theoretical proposals to represent future generations in existing institutions. An appendix provides an overview of past and present real-world experiments, including the Finnish Committee for the Future, the Israeli Knesset Commissioner for Future Generations (2001–2006) and the Hungarian Ombudsman for Future Generations. (shrink)

This article provides a survey of the emerging debate on the political representation of nonhuman animals. In Section 1, I identify some of the reasons why the interests of animals are often disregarded in policy-making, and present two arguments why these interests should be considered. In Section 2, I introduce four institutional proposals that have been discussed in the relevant literature. Section 3 attempts to make explicit the underlying logic of each proposal (i.e. which specific problems it wants (...) to tackle). Section 4 discusses some of the main normative pros and cons of each proposal. (shrink)

The political representation of future generations would change the relationship between public decisions and the members of democratic political systems. In this paper we examine the implication of these changes on the responsibility of the living members for the future effects of current polices with special reference to climate change. The claim defended is that the collective responsibility of the living members for future outcomes diminishes when public decisions are made less responsive to them. In order to (...) explain why this is the case a ‘participatory account' of collective responsibility is developed according to which collective responsibility is premised on the extent to which public decisions depend on their members. The paper concludes with a discussion on the grounds for valuing collective outcome responsibility and why the conflict between this norm and the claim that future generations should be granted political representation poses fundamental questions about the value of democracy. (shrink)

A major puzzle in contemporary political theory is how to extend notions of justice to the environment. With environmental entities unable to communicate in ways that are traditionally recognised within the political sphere, their interests have largely been recognised instrumentally: only important as they contribute to human interests. In response to the multispecies justice project's call to reimagine our concepts of justice to include other-than-human beings and entities, we offer a novel reading of Edmund Burke's account of (...) class='Hi'>political representation that, we argue, can be applied to the environment. Burke claimed that interests are ‘unattached’ to any actual class or group, and that it is the duty of the representative to represent these unattached interests. Beyond providing an original application of Burke's work, the paper offers an alternative to the ‘allure’ of authoritarian environmentalism, an alternative which conservative thinkers may use as an entryway into debates on environmental justice. (shrink)

The concept of social justice is making a revival in nursing scholarship, in part in response to widening health inequalities and inequities in high‐income countries. In particular, critical nurse scholars have sought to develop participatory research methods using peer researchers to represent the ‘voice’ of people who are living in marginalized spaces in society. The aim of this paper is to report on the experiences of nurse and peer researchers as part of a project to explore the experiences of people (...) who find themselves destitute following the asylum process in the UK. In seeking to explore social injustice, three challenges are identified: lack of a robust political theory, institutional/professional constraints and an absence of skills to engage with the politics of social (in)justice. Each challenge is presented, opposing voices outlined and some possible solutions are suggested. The work of political theorist Nancy Fraser is used as a conceptual framework, in particular her focus on mis/framing and political representation for social justice. In addition, it is suggested that social justice needs to be further embedded in nursing policy and curriculum. Finally, nurses are encouraged to develop practical political skills to engage with both politics and the media in a neoliberal globalizing world. (shrink)

Political representation lies at the core of modern politics. Democracies, with their vast numbers of citizens, could not operate without representative institutions. Yet relations between the democratic ideal and the everyday practice of political representation have never been well defined and remain the subject of vigorous debate among historians, political theorists, lawyers, and citizens. In this volume, an eminent group of scholars move forward the debates about political representation on a number of fronts. (...) Drawing on insights from political science, history, political theory, economics, and anthropology, the authors provide much-needed clarity to some of the most vexing questions about political representation. They also reveal new and enlightening perspectives on this fundamental political practice. Topics discussed include representation before democracy, political parties, minorities, electoral competition, and ideology. This volume is essential reading for anyone interested in the ideal and the reality of political representation. (shrink)

This article analogises political representation to legal interpretation. It then applies the analogy to the hitherto neglected question of what political representation means for deliberative constitutionalism. The upshot is a conception of deliberative constitutionalism that, while uncompromisingly grounded in the reasoned expression of the preferences of a polity's constituents through deliberative democratic institutional innovations, mandates representatives to translate those preferences into general and abstract constitutional law. It thus enhances the deliberative contribution of citizens in the determination (...) of constitutional meaning, while preserving the value of representative institutions. (shrink)

This article aims to examine the problem of political representation through the work of Lefort, Gauchet and Rosanvallon. It first looks at Lefort, who argues that a democratic society is characterized by a tension between its abstract guiding principles and its concrete reality. Political representation, then, mediates between these principles and society. This theory of representation allows Lefort, Gauchet and Rosanvallon not only to examine critically both past and present discourses of their contemporaries, but also (...) to offer an alternative history of their own. Yet, since the 1980s, increasing individualization has exacerbated the tension between abstract principles and society, thus making political mediation more difficult. This article discusses the diagnosis and remedy to this predicament, as developed by Gauchet and Rosanvallon. While Gauchet offers an interesting diagnosis, but remains sceptical about possible solutions, Rosanvallon is more voluntarist and offers concrete solutions for today’s crisis of political representation. (shrink)

It is possible that, as you read this, there is someone out there standing in for you, speaking in your voice, acting in your stead, making agreements on your behalf, or conceding a point you might not have wanted them to. They are not your congressperson, your lawyer, or your spouse—nor anyone else authorized by means of a formal, corporately organized election or selection procedure. There is another sort of representative out there, someone you did not elect, someone you perhaps (...) would not elect, of whom you may never have heard, speaking or acting on your behalf right now—they are an informal political representative. -/- Formal political representation is a familiar topic within democratic theory. Much less discussed, though no less widespread, is informal political representation: a practice in which a person speaks or acts for a group before an audience, despite never having been elected or selected to do so by means of a corporately organized election or selection procedure. Informal political representation is an everyday feature of our public communicative landscape. It is woven taut into the fabric of our political lives. Malala Yousafzai claims: “I speak not for myself, but so those without a voice can be heard.” U2 frontman Bono claims to “represent a lot of people who have no voice at all.” President Trump, before his nomination, was said “to give a voice to those who have long felt silenced." -/- The informal representative, though neither elected nor selected, is ubiquitous and politically influential. They increase the visibility of marginalized and oppressed groups, give voice to interests not adequately expressed in formal political fora, influence public discourse, and serve as conduits between the represented and policymakers. They can, as Dr. Martin Luther King, Jr., did in Montgomery, negotiate on a group’s behalf. But so far, few have attempted to provide a theory of this phenomenon that gives full attention to both its conceptual and normative foundations. My dissertation provides a theory of informal political representation that does not treat the phenomenon as a mere deviant case of formal political representation, but rather takes informal political representation on its own terms. -/- Committee: Tommie Shelby (chair), Tim Scanlon, Dick Moran, Eric Beerbohm. (shrink)

In this article I discuss the advantages of a theory of political representation for a prag- matist theory of (global) democracy. I first outline Dewey’s disregard for political rep- resentation by analyzing the political, epistemological and aesthetic underpinnings of his criticism of the Enlightenment ideal of democracy and its trust in the power of the detached gaze. I then show that a theory of political representation is not only com- patible with a pragmatist Deweyan-pragmatist (...) perspective on democratic politics but also that Dewey’s concept of “publics”, if applied to contemporary circumstances of globalized politics, requires such a theory. I suggest a pragmatic theory of political rep- resentation that combines elements of Dewey’s aesthetics, particularly his own theory of vision, with Michael Saward’s conception of representative claim-making into the notion of aesthetic democratic representation. (shrink)

Political Representation: A Historical and Conceptual investigation into Its Polysemy The aim of this study is to value the complexity of theoretical formulations that different traditions and authors have provided on the problem of political representation. This is achieved by relying on a text that has pioneered this kind of investigation: Hasso Hofmann s Repräsentation: Studien zur Wort- und Begriffsgeschichte von der Antike bis ins 19. Jahrhundert. Hofmann s book, originally published in German in 1974, has (...) not received due attention in the contemporary debate on representation and is scarcely known in the non-German academic environment. However, its unique methodological and conceptual outlook on representation has much to contribute to the current debate on this topic. Hofmann s main objective is to draw a history and theory of representation that values the polysemy of the Latin word repraesentatio from Antiquity until the 19th century. To achieve this goal, Hofmann analyses the diverse meanings that have been attached to the word representation throughout its history, from its inception in the Latin world onwards. To prove the relevance of this approach for the contemporary debate, I apply Hofmann s semantic-conceptual map of representation to the study of political representation in such diverse authors as Marsilius of Padua, Carl Schmitt, Thomas Hobbes, Ernst Kantorowicz as well as contemporary authors such as Bernard Manin, Nadia Urbinati, Frank Ankersmit, John Dryzek and others. In so doing, I show that the answer to the question: what makes representation a political notion? is far from univocal. Moreover, I argue that Hofmann s interpretive lens provides an alternative approach to what is still considered the classical study of political representation in the Anglophone world: Hanna Pitkin s The Concept of Representation. By critically comparing Pitkin and Hofmann s approaches to the problem of political representation, my aim is to demonstrate that Pitkin s normative perspective should be revised. Pitkin argues, first, that it is possible to pinpoint a general meaning of the concept of representation as making present again and, second, that there is a general concept of political representation that is identified with substantive acting for and in which all aesthetic meanings of representation are excluded. In contrast to this approach, Hofmann stresses the polysemyc character of representation, and the impossibility of narrowing down a general meaning of the concept. Drawing on Hofmann, one can argue that the semantic richness of political representation is just as broad as that of the word representation itself and that what makes representation political varies from epoch to epoch, from author to author. As a result, the common way to look at political representation nowadays, i.e. as democratic representation, is far from the only one but constitutes, rather, just one of the numerous ways to look at this concept over time. Using Hofmann s perspective for the study of political representation also helps us show that the aesthetic meanings of representation are always and intrinsically bound up with political representation in all the authors who have theorized this concept. In contrast to Pitkin, one could argue that any meaningful concept of political representation must also include the aesthetic and symbolic meanings of representation. Accordingly, it is impossible to think of political representation without accounting for its symbolic dimension as Darstellung. (shrink)

This work studies the issue of political representation from the perspective of a specific legal culture, the exercise of political rights in the context of the occidental democratic system, a concept that has undergone a profound evolution to the present day. The essential aspects for an analysis of this progression are voting, decision making, and the relationship between representatives and their constituents. Overall, the phenomena making up the crisis of representation have been explained as a result (...) of changes that have affected the operation and structure of modern states constituted as representative democracies. The idea is that a well-functioning representative system comes primarily from the form of government and electoral system in which it develops. (shrink)

A philosophical analysis of the discourses, practices, and effects of representation in political institutions, focusing on American democracy.

Using the history of political thought and real-world political contexts, including South Africa and the recent global financial crisis, this book argues that power is integral to freedom. It demonstrates how freedom depends upon power, and contends that liberty for all citizens is best maintained if conceived as power through political representation. Against those who de-politicise freedom through a romantic conception of 'the people' and faith in supposedly independent judicial and political institutions, Lawrence Hamilton argues (...) that real modern freedom can only be achieved through representative and participative mechanisms that limit domination and empower classes and groups who become disempowered in the conflicts that inevitably pervade politics. This is a sophisticated contribution to contemporary political theory that will be of interest to scholars and students of history, politics, philosophy, economics, sociology, development studies and Southern African studies. (shrink)

Representation is a major and multifaceted concept of modern politics. Through open and regular elections, it shields the democratic character of representative governments, compelling politicians to pursue the interests of their constituencies and become responsive to their demands. But since the concept of representation is so embedded in the day-to-day workings of democratic regimes, it has largely lost significant traces of its history that shed light on its political dawn. The instrumentalization of the concept by representative governments (...) in order to assess their democratic legitimacy obfuscates its seminal ambiguities and the history of conflicts about its meaning and institutional functions. (shrink)

This article explores the claim that representative legislatures should create general legal norms. After distinguishing the requirement that statutes be general from the broader rule‐of‐law idea that law be general, I concentrate on the French constitutional tradition to argue that the plausibility of the claim turns on the elucidation of a set of social norms and understandings about the proper role of representative legislatures mediating between abstract ideals of the common good and local practices. I call these norms grammars. The (...) article then briefly compares the French “Sieyèsian” with the US “Madisonian” grammar of political representation regarding the issue of the generality of statutes and concludes with a plea for an in‐depth comparative investigation into different such grammars. (shrink)

The libidinal economy could be exploited by both political movements and advertising campaigns in a pictorial space that is related to the social space at any historical moment. The arrangement of desires in a propaganda poster of the Chinese Cultural Revolution is, in light of political semiotics, the same as in a campaign poster in a consumer society today. The same libidinal economy is rooted in our political unconsciousness and remains to be the deep structure of our (...) political performance. A critical image analysis or a political semiotic critique of this libidinal economy that rules us in the Chinese Cultural Revolution and in consumer society today is necessary and urgent. (shrink)

Erratum In the Review Historical Individualism by Sascha Talmor, which appeared in Vol. 7 No. 6, 1986, p. 661, line 2, Maurice Mauss should read Marcel Mauss. The editors and publishers apologise for this error.

A political philosopher dissects the duties and dilemmas of the unelected spokesperson, from Martin Luther King, Jr., to Greta Thunberg. -/- Political representation is typically assumed to be the purview of formal institutions and elected officials. But many of the people who represent us are not senators or city councilors—think of Martin Luther King, Jr., or Malala Yousafzai or even a neighbor who speaks up at a school board meeting. Informal political representatives are in fact ubiquitous, (...) often powerful, and some bear enormous responsibility. In Speaking for Others, political philosopher Wendy Salkin develops the first systematic conceptual and moral analysis of informal political representation. -/- Salkin argues that informal representation can be a political lifeline, particularly for oppressed and marginalized groups that are denied representation in formal political institutions. Yet informal political representatives exert outsized influence over the ways these groups’ interests are understood by the public, without the represented having much recourse to hold them accountable. And many informal political representatives are selected not by the groups they represent but by outsiders, sticking these groups with representatives they would not choose but cannot shake. The role of informal political representatives is therefore fraught with moral questions. What exactly are their duties and to whom are they owed? Should they be members of the groups they represent? When is informal representation permissible and when is it best avoided? -/- Informal political representation is taking place all around us. In fact, you yourself may be an informal political representative without knowing it. Speaking for Others explores the tensions central to this pervasive yet underexamined practice, bringing light to both its perils and its promise. (shrink)

The object of this thesis is the examination of the concept of political representation in the corpus of Hobbes, Locke, Hegel and Marx. Through the method of textualreconstruction I foreground the concept’s salience in their writings. Political representation constitutes a unitary political society as the basis of representative government by entrusting to a separate part of the political community the exercise of the legislative and executive functions on behalf of the political society. Hobbes’s (...) author-actor model grounded the concept of political representation by introducing the act of the transfer of will to a representative by authorisation. Thereby he established the problematic relationship of permanently alienated, absolute, representative power acting in the name of the political community. Locke conceptualised political representation in a way that restored to political society the power to determine the legitimacy of its representative government in case the latter transgressed the norm of acting for the public good of society. Hegel, in turn, assigned to political representation the crucial function of integrating civil society into the power system of the state thus securing the identity of subjective and objective freedom in the rational state, though political representation bestows only formal freedom to civil society’s involvement in the affairs of the state. For Marx, the relationship of political representation makes the representative polity appear as a democratically governed political society within which individual freedom and the public good are secured. This is vitiated by the rift between political society/state and civil society. Marx censures liberal and republican theory for ignoring the primacy of civil/bourgeois society over the representative political society. As a consequence,he argues,the representative polity is not a form of self-government but other-determined and neither freedom nor the public good are realised. Instead, under the regime of private property, money assumes the authorial function of organising social exchange and human relations, shaping the representative polity after its own image, and thus it renders democracy as popular sovereignty a lie. (shrink)

In this paper, I present the beginnings of a resemblance theory of representation. I start by surveying the contemporary philosophical debate surrounding musical representation and reveal that its main interlocutors share a conception of artistic representation as a mode of meaningful communication. I then show how conceiving of artistic representation in this way severely limits music’s possibilities as a medium for representation. Next, I propose an alternative conception of representation that, despite its widespread acceptance (...) outside of the philosophy of art, has been largely denigrated within it: namely, that representation fundamentally depends on structural resemblance. Finally, I demonstrate how conceiving of artistic representation as grounded upon structural resemblances, rather than as a mode of meaningful communication, provides us with a more accurate picture of both (a) how music represents and (b) how we perceive and appreciate musical representations. (shrink)

This dissertation defends the place of representation in music. Music’s status as a representational art has been hotly debated since the War of the Romantics, which pitted the Weimar progressives (Liszt, Wagner, &co.) against the Leipzig conservatives (the Schumanns, Brahms, &co.) in an intellectual struggle for what each side took to be the very future of music as an art. I side with the progressives, and argue that music can be and often is a representational medium. Correspondence (or resemblance) (...) theories of representation, such as the one I offer, have been much maligned in philosophy since the 1960s. Most theories assimilate representation under “meaning,” which has usually been thought to belong primarily to language. As a result, representational content has been taken to be purely conventional in the way that sentential meaning is. People want to know what music “means,” and these theories interpret this as “what does it refer to?” or “what propositions does it express?” I argue that propositional communication is only one (small) part of the issue. Once we overcome the bias of conceiving of musical works as essentially linguistic items, speech acts (performed) or sentence tokens (written), we can begin to take music on its own terms to discover how it represents—one way in which it “means.” The first step is to “naturalize” music’s representational content. Influenced by recent discussions in the philosophies of mind and science, I argue in Chapter 1 that composers represent extra-musical objects, events, and states of affairs through their works by exploiting antecedent relations (such as similarities in pitch, timbre, and structure) in order to secure reference to them. In Chapter 2, I survey and respond to the main challenges that those skeptical of music’s representational possibilities would raise against my theory of musical representation. In Chapter 3, I explore a number of ways through which music has been claimed to represent in order to show how my theory accounts for these diverse phenomena better than its conventionalist rivals, both in terms of the metaphysics and the epistemology. Chapter 4 extends this discussion by offering an account of how we perceive, understand, appreciate, and interpret sophisticated musical representations. I conclude by teasing out some of my theory’s implications and suggesting areas for further research. (shrink)

Hegel holds that members of a society can only be fully free and autonomous if they enjoy political representation. Hegel grants political representation to the landed aristocracy and to members of corporations. Causal day laborers fall outside both of these groups. Consequently, they lack political representation in Hegel’s state; hence they lack the political resources for full freedom and autonomy. This is a serious problem, but not so serious as Hegel’s marxist critics maintain. (...) I propose two solutions based on Hegel’s institutional principles. First, day laborers typically work in the same industry, and often in the same factory. Once that regularity is established, such labor is no longer casual and it merits recognition through labor contracts and (ultimately) through corporate membership. Second, those workers who remain casual laborers deserve special attention from a government-sponsored agency which organizes and regularizes their training and job placement, and which represents their interests in Hegel’s Estates Assembly. I further suggest that Keynes’s public works strategy for moderating unemployment fits perfectly into Hegel’s institutional framework, and I show (contra Ilting) that Hegel’s exposition of the Crown is properly ordered. The Monarch is the organizational apex of Hegel’s government, but the Estates Assembly culminates Hegel’s program for achieving the political autonomy of individuals. (shrink)

Representation is integral to the functioning and legitimacy of modern government. Yet political theorists have often been reluctant to engage directly with questions of representation, and empirical political scientists have closed down such questions by making representation synonymous with congruence. Conceptually unproblematic and normatively inert for some, representation has been deemed impossible to pin down analytically and to defend normatively by others. But this is changing. Political theorists are now turning to political (...) representation as a subject worthy of theoretical investigation in its own right. In their effort to rework the theory of political representation, they are also hoping to impact how representation is assessed and studied empirically. This volume gathers together chapters by key contributors to what amounts to a "representative turn" in political theory. Their approaches and emphases are diverse, but taken together they represent a compelling and original attempt at re-conceptualizing political representation and critically assessing the main theoretical and political implications following from this, namely for how we conceive and assess representative democracy. Each contributor is invited to look back and ahead on the transformations to democratic self-government introduced by the theory and practice of political representation. Representation and democracy: outright conflict, uneasy cohabitation, or reciprocal constitutiveness? For those who think democracy would be better without representation, this volume is a must-read: it will question their assumptions, while also exploring some of the reasons for their discomfort. Reclaiming Representation is essential reading for scholars and graduate researchers committed to staying on top of new developments in the field. (shrink)

This article aims to provide a semiotic analysis of environmental law and youth protests. More precisely, drawing on speech act theory this article regards both as types of communication and teases out the inherent voice and message, specifically with regard to the interests of future generations. The argument unfolds in three steps. First, the article looks into speaker and speech of environmental law and argues that it speaks, as legislation does, in the first-person plural voice of a ‘we’. Second, the (...) article examines a speech of Greta Thunberg through the lens of Stanley Cavell’s theory of passionate utterances. This interpretation will unlock the political stakes of Thunberg’s speech as she claims standing with those responsible for enacting environmental law. Finally, the consequences of this reading will be analysed by relating message and voice of environmental law. As youth protests question ordinary forms of political representation, new ways of safeguarding the interests of future generations are called upon. (shrink)

In recent times, representation theory has become one of the most productive and interesting sub-fields in democratic theory. Arguably, the most important theoretical innovation are the so-called ‘constructivist’ approaches to political representation. These approaches play a central role in Creating Political Presence: The New Politics of Democratic Representation and The Constructivist Turn in Political Representation, two impressive volumes that take stock of the state of the art in representation theory. I discuss the (...) two volumes by focusing on three broader and interconnected themes: the problem that constructivism is meant to respond to, the tendency of representation theorists to expand the possibilities of representation as broadly as possible, and the normative aspects of political representation and how constructivists deal with them. (shrink)

In this essay, I compare the meaning of political representation in Hobbes? Leviathan and Corneille's Cinna. For both authors, a monarch is a ?representer? and representation is a necessary condition of effective sovereignty. However, the term ?representation? means something entirely different in Hobbes and in Corneille. For the former, it means acting and speaking in the name of a multitude and in its absence; for the latter, it means acting and speaking in the presence of a (...) political public, with the intention to impress this audience. I would like to argue that our late modern (or postmodern) conception of sovereignty can be seen as being (unconsciously) based on the conjunction of Hobbes? and Corneille's different notions of representation. (shrink)

There are at least two politically salient senses of “representation”—acting-for-others and portraying-something-as-something. The difference is not just semantic but also logical: relations of representative agency are dyadic (x represents y), while portrayals are triadic (x represents y as z). I exploit this insight to disambiguate constructivism and to improve our theoretical vocabulary for analyzing political representation. I amend Saward’s claims-based approach on three points, introducing the “characterization” to correctly identify the elements of representational claims; explaining the “referent” (...) in pragmatic, not metaphysical terms; and differentiating multiple forms of representational activity. This enables me to clarify how the represented can be both prior to representation and constituted by it, and to recover Pitkin’s idea that representatives ought to be “responsive” to the represented. These points are pertinent to debates about the role of representatives, the nature of representative democracy, and the dynamics of revolutionary movements. (shrink)

A discussão sobre representação é transversal ao estudo teórico da política. Aquilo que nos propomos neste ensaio é levar a cabo uma análise da concepção de representação política presente na filosofia de Eric Weil. Para tal, tomaremos em consideração as categorias enunciadas por Hanna Fenichel Pitkin, em relação às quais colocaremos em confronto o pensamento político weiliano respeitante à representação. Desta confrontação emergirá uma concepção da representação política enquanto domínio de passividade e uma concepção do governo enquanto domínio de acção. (...) Como consequência deste entendimento, a cidadania aparecerá como massa despolitizada e sujeita à acção educativa do governo. (shrink)

In recent decades, theories of representation have undergone a constructivist turn, as many theorists no longer view the represented subject as prior to but rather as an effect of representation. Whereas some critics have claimed that lacking an ontologically pre-given subject undermines the theory of representation, many democratic theorists have sought to reconceptualize representation and its democratic possibilities by turning away from ontological questions altogether. By focusing instead on how representatives come to know the public interest, (...) many scholars now contend that an epistemological account best explains how political representation can foster democratic participation. Yet, theorists of representation have not assessed whether this turn to epistemology has overcome the ontological problems that initially motivated it. This article tracks epistemological defenses of representation to outline two models of political representation that attempt to tackle the epistemological problem of constituent interest without positing a foundational ontology of the subject. I argue that both theoretical tendencies ultimately remain caught in the problems of ontology, thereby undercutting their normative aspirations to foster political participation. Turning to Hannah Arendt’s comments on public interest and her writings on council democracy, the article retheorizes the concept of political representation to avoid the ontological problems that beset current accounts. (shrink)

Government, the systematic exercise of command by some over others backed by the allegedly legitimate use of violence, requires justification. All government is predicated upon a distinction between rulers and ruled. Who should occupy the position of ruler and who the position of the ruled is a perennial problem. In thecontemporary world, representative democracy is the only plausible contender for the role of justified government. The key to the justification and popularacceptance of democracy as a (or the) legitimate form of (...) government is the idea of representation, the idea being that in a representative democracy, the people,in some way, rule themselves and thus bridge the gap between the ruler and ruled. However, if a satisfactory account of representation is not forthcoming, thejustificatory status of representative democracy becomes problematic. (shrink)

Every ten years United States congressional districts are drawn, physically constructing political representation based on domicile. Why do we do it this way? Is territorial representation consistent with the broader normative ends of political representation). ;In section one I argue that territorial constituencies were never intended to represent local "communities of interest." Instead, physical proximity between voters was necessary to achieve the normative aims of representative government in a large nation. I begin in 13 th (...) century England, and proceed through the political theory of Hobbes, Locke, Montesquieu, Burke, the Federalists and their critics. I also provide a novel interpretation of Federalist 10. ;In sum, territory was a habit of mind for the founders of the United States, and thus there were no explicit reasons given for using territory. The silence of territory as a definer of electoral constituencies has continued to the present day. I argue that the continued silence about territorial constituencies constitutes a substantial breech of legitimacy. ;In the second section , I argue that "constituency definition" is a normatively rich institution and how constituencies are defined ought not to be determined by interested third parties. I argue that Hanna Pitkin incorrectly conflated "political representation" and "legitimacy." I argue that citizen consent to constituency definition is a central part of legitimating any representative government. Finally, I argue that there are no persuasive normative arguments for territorial constituencies today. Justifying territorial constituencies on the normative claim that "communities of interest" ought to define constituencies for political representation is simply unpersuasive. If one believes such particularity ought to be represented in one branch of the national legislature, then other kinds of particularity---race, ideology, class, et al---simply dominate. ;In section three I argue against "particularity" for electoral constituencies. I conclude with a thought experiment: randomly assign voters into 435 national, electoral constituencies for life. Having established that the concept of "constituency" is itself normatively robust and separable from "electoral systems," I argue that important considerations of "voice," can be introduced through novel means of reform. (shrink)

While some descriptive and normative theories of legislation account for an extensive role of legal interpretation in legislation, others see its legislative role as marginal. Yet in contemporary constitutional democracies, where legislation is limited and guided by constitutional norms, as well as international and supranational law, legal interpretation must play some role in legislation—even if all or most of legislative activity may not be adequately described and evaluated as legal interpretation. In this chapter, I aim to explore some implications of (...) recognizing the role of legal interpretation in legislation—notably, for the conceptualization and significance of legal expertise in the legislative process, as well as for determining the moral duties of legislative representatives. First, I argue that the role of legal interpretation in legislation calls for institutional reforms in legislatures in order to ensure that legal expertise is adequately channeled into the legislative process, including agenda-setting. Second, I argue that interpreting legal norms through legislation implies specific moral duties for legislative representatives, both in their relations to one another and in their relations vis-à-vis their constituents. I show that giving legal interpretation its due in a descriptive and normative account of legislative activity does not imply an elitist understanding of legislation, and it does not compromise our conception of legislatures as loci of political and moral disagreement and democratic representation. (shrink)

In his 1923 work, Roman Catholicism and Political Form, Carl Schmitt claims that representation is a complexio oppositorum and incarnates a hierarchical form of political authority, which is alternative to liberalism. This article shows that Carl Schmitt’s interpretation of the political theology of representation is based on a misreading. Schmitt selectively overlooks some meanings of the theology of repraesentatio to build his decisionistic political agenda. An investigation of the original conceptual meanings of representation (...) in Tertullian, the first Christian author who theorized representation and established many of its subsequent theological meanings, shows a different picture. At its inception, representation already included mechanisms of plurality and participation, which anticipated, and perhaps motivated, the absorption of the representation vocabulary within democratic discourse and practice. Political theology is a valuable field of inquiry to prove the claim that the... (shrink)

This paper connects the question of the rationality of voting to the question of what it is morally permissible for elected representatives to do. In particular, the paper argues that it is rational to vote to increase the strength of the manifest normative mandate of one's favored candidate. I argue that, due to norms of political legitimacy, how representatives ought to act while in office is tied to how much support they have from their constituents, where a representative’s “support” (...) is a function of the percentage of adults living in the political jurisdiction who voted for her. In a representative system, whether a particular law or policy is legitimate is in part a function of how much support the particular representative government has, rather than simply being a function of the governmental structure or the normative content of the law or policy. Representatives with more support can permissibly act more like trustees (doing what they think is best) and less like delegates (doing what their constituents presently prefer). I argue that this fact provides a reason for individuals to vote, even given the incredibly small chance an individual voter has of casting a pivotal vote. (shrink)