Does the Kantian state dominate?: Freedom and majoritarian rule

Recently, scholars have criticized what they call the “Kantian-Republican” thesis of freedom as non-domination. The main complaint is that domination is unavoidable. This concern can be separated into the problem of state domination, which suggests that the state's intervening powers necessarily dominate its citizens, and the problem of majority domination, which suggests that the People necessarily dominate individual citizen as a result of the potential to form dominating majorities.     

Critical notice of On the people's terms: a Republican theory and model of democracy,by Philip Pettit,Cambridge University Press, 2012, xii+333pp.

This paper is a critical notice of Philip Pettit's On the People's Terms: A Republican Theory and Model of Democracy. Pettit argues that only Republicanism can respond appropriately to the ‘evil of subjection to another's will – particularly in important areas of personal choice’ because its ideal of liberty – freedom as non-domination – both captures better than liberalism our commitment to individual liberty and explains better our commitment to the legitimacy of democratic decision-making than standard democrat accounts. If this argument succeeds, it demonstrates that there is no real tension between the liberal thought that justice provides a standard for evaluating public decisions independent of the fact that they are taken democratically and the democratic thought that the fact that a decision is democratic suffices to make it legitimate. I argue, however, that Pettit finds himself caught between two contradictory positions: a version of Isaiah Berlin's negative concept of liberty and a positive liberty account of democracy. And I show that his attempt to resolve the tension fails because it requires him to embrace the positive liberty account he is committed to rejecting.     

Where Democracy Should Be: On the Site(s) of the All-Subjected Principle

Res Publica - In this paper, I set out to defend the claim that a central principle in democratic theory, the all-subjected principle, applies not only when one is subject to a rule by a state but...     

Civic Republicanism and Education: Democracy and Social Justice in School

The republican political tradition, which originated in Ancient Rome and picked up by several early-modern thinkers, has been revived in the last couple of decades following the seminal works of historian Quentin Skinner and political theorist Philip Pettit. Although educational questions do not normally occupy the center stage in republican theory, various theorists working within this framework have already highlighted the significance of education for any functioning republic. Looking at educational questions through the lens of freedom as non-domination has already yielded important insights to discussions of political education. However, consideration of the existing republican educational discourse in light of the wide range of issues discussed in Pettit’s recent works reveals that it suffers from two major lacunae. First, it does not take into consideration the distinction (and deep connection) between democracy and social justice that has become central to Pettit’s republicanism. Thus, the current discussion focuses almost exclusively on education for democratic citizenship and hardly touches upon social justice. Second, the current literature thinks mainly in terms of educating future citizens, rather than conceiving of students also as political agents in the present, and of school itself as a site of non-domination. This paper aims at filling these voids, and it will therefore be oriented along two intersecting axes: the one between democracy and justice, and the other between future citizenship in the state and present citizenship at school. The resulting four categories will organize the discussion: future citizens and democracy; future citizens and social justice; present citizens and democracy; present citizens and social justice. This will not only enable us to draw a clearer line between the civic republican and liberal educational theories, but also make civic republican education a viable alternative to current educational approaches.     

THE DEONTOLOGICAL DEFENSE OF DEMOCRACY: AN ARGUMENT FROM GROUP RIGHTS

Abstract: Democracy is regularly heralded as the only form of government that treats political subjects as free and equal citizens. On closer examination, however, it becomes apparent that democracy unavoidably restricts individual freedom, and it is not the only way to treat all citizens equally. In light of these observations, we argue that the non-instrumental reasons to support democratic governance stem, not from considerations of individual freedom or equality, but instead from the importance of respecting group self-determination. If this is correct, it implies that a state may choose democracy, but its right to self-determination means that it is also free, in principle, to decide in favor of some nondemocratic alternative.     

Conflict,consensus, and liberty in J. S. Mill’s representative democracy

The relationship between representative democracy and conflict in John Stuart Mill’s political philosophy has been interpreted in very different ways. While some scholars claim that Millian democracy is incompatible with political conflict, others identify in Mill a radical political agonism that would offer a non-consensual model of deliberative democracy. This paper argues that neither of these views is exactly accurate: although he highlights the centrality of conflict in political life, Mill believes that democratic deliberation presupposes a minimal level of consensus regarding the formal value of democracy’s basic principles, viz. the principles of individual freedom and equality. Initially, I shall reconstruct the relationship between conflict and consensus in Mill’s conception of representative democracy. I shall then investigate his association of representation and advocacy and show that Mill’s encomium on political conflict was influenced by Guizot’s work. Finally, I shall explain how a democratic debate riven with conflict is conducive to individual freedom.     

Humanisation,democracy and trust: The democratisation of the school ethos

A democratic state is characterised by more than its particular principles and institutions; its citizens must have the democratic virtues and attitudes. One such important attitude is trust, as commentators on the current attempts to create democratic institutions in the USSR emphasise. The paper gives an account of social trust and also the important, though problematic, role that distrust plays in a democracy. Finally the paper considers how the school can instantiate social trust in its own ethos.     

Rawls on Liberty and Domination

One of the central elements of John Rawls’ argument in support of his two principles of justice is the intuitive normative ideal of citizens as free and equal. But taken in isolation, the claim that citizens are to be treated as free and equal is extremely indeterminate, and has virtually no clear implications for policy. In order to remedy this, the two principles of justice, together with the stipulation that citizens have basic interests in developing their moral capacities and pursuing their conceptions of the good life, are meant to provide a more precise interpretation of what is involved in treating citizens as free and equal. Rawls’ critics, however, have argued that satisfying the two principles of justice is not the most appropriate or plausible way to respect the status of citizens as free and equal. In relation to this debate, the present paper has two aims. The first is to examine Rawls’ account of the type of freedom that a just society must guarantee equally to its citizens. I will argue that those who think of Rawls as a theorist of freedom as non-interference are mistaken, because his notion of liberty resembles in important respects the republican notion of freedom as non-domination. Second, I will consider the extent to which Rawls’ principles of justice successfully protect the freedom as non-domination of all citizens so as to effectively treat them as free and equal.     

Freedom as Non‐Domination and Widespread Prejudice

This paper offers an answer to an objection to Phillip Pettit’s neo‐republican account of freedom as non‐domination raised by Sharon Krause. The objection is that widespread prejudice, such as systemic racism or sexism, generates significant obstacles to individuals’ free agency but that neo‐republicanism fails to explain why these obstacles reduce freedom. This is because neo‐republicanism defines domination in terms of the capacity for arbitrary interference, but many prejudiced actions do not involve physical coercion, threats, or any other behavior typically described as types of interference. The paper discusses three strategies to account for the impact of widespread prejudice on the domination of groups. It argues that the most plausible strategy redefines domination in terms of behavior that is prima facie wrong and lacks appropriate checks. Such behavior includes interference but also includes prejudiced actions, such as failing to select the most qualified candidate for a job.     

Epistemic justice as a condition of political freedom?

I shall first briefly revisit the broad idea of ‘epistemic injustice’, explaining how it can take either distributive or discriminatory form, in order to put the concepts of ‘testimonial injustice’ and ‘hermeneutical injustice’ in place. In previous work I have explored how the wrong of both kinds of epistemic injustice has both an ethical and an epistemic significance—someone is wronged in their capacity as a knower. But my present aim is to show that this wrong can also have a political significance in relation to non-domination, and so to freedom. While it is only the republican conception of political freedom that presents nondomination as constitutive of freedom, I shall argue that non-domination is best understood as a thoroughly generic liberal ideal of freedom to which even negative libertarians are implicitly committed, for non-domination is negative liberty as of right—secured non-interference. Crucially on this conception, non-domination requires that the citizen can contest interferences. Pettit specifies three conditions of contestation, each of which protects against a salient risk of the would-be contester not getting a ‘proper hearing’. But I shall argue that missing from this list is anything to protect against a fourth salient threat: the threat that either kind of epistemic injustice might disable contestation by way of an unjust deflation of either credibility or intelligibility. Thus we see that both testimonial and hermeneutical injustice can render a would-be contester dominated. Epistemic justice is thereby revealed as a constitutive condition of non-domination, and thus of a central liberal political ideal of freedom.     

Early Confucian Principles: the Potential Theoretic Foundation of Democracy in Modern China

The subtle and complex relation between Confucianism and modern democracy has long been a controversial issue, and it is now again becoming a topical issue in the process of political modernization in contemporary China. This paper argues that there are some quite basic early Confucian values and principles that are not only compatible with democracy, but also may become the theoretic foundation of modern democracy in China. Early Confucianism considers ‘the people's will’ as the direct representative of ‘Heaven's will’, with which it legitimizes political power. Confucian theory of ‘human nature is good’ endorses equal potential good for every man. These principles can be used in reasoning towards a system of democracy. In terms of decision-making, the Confucian ‘Doctrine of the Mean’ accords with certain democratic principles. The independent personality and committed individualism advocated by early Confucianism is a required civic merit in a democratic society. These fundamental Confucian principles, through contemporary hermeneutics, may provide a philosophic grounding for democracy and support the construction of a democratic system with a Chinese dimension. To get democracy rooted in the spirit of traditional Chinese culture will benefit the healthy and smooth development of democracy in China.     

The ʿUlamāʾ, Fatāwā and Challenges to Democracy in Contemporary Indonesia

This article examines the fatāwā issued by the Council of Indonesian ?ulamā? (Majelis Ulama Indonesia; MUI) regarding democracy, pluralism and religious minorities and explores their socio-historical contexts. The MUI emerges as having an ambiguous attitude towards democracy. The 1998 reform in Indonesia offered a backdrop that encouraged the MUI to be more independent from the state. This enabled the MUI to produce Islamic religious discourses that intersect with democracy, civil society, law enforcement, human rights, public security and elections. The MUI has accepted several principles that are prerequisites for a democratic society and state, such as equality before the law, good governance, protection of human rights, maintenance of public peace and security, and participation in fair elections. However, the Council is very conservative when comes to safeguarding Islamic faith and theology. It rejects pluralism, religious freedom and Muslim minorities such as the Ahmadiyya. The MUI's strict interpretation of Islam and support for Islamist ideology and conservatism prevent it from accepting democracy fully.     

We,Heirs of Enlightenment: Critical Theory,Democracy and Social Science

Abstract

My goal here is to come to terms with the Enlightenment as the horizon of critical social science. First, I consider in more detail the understanding of the Enlightenment in Critical Theory, particularly in its conception of the sociality of reason. Second, I develop an account of freedom in terms of human powers, along the lines of recent capability conceptions that link freedom to the development of human powers, including the power to interpret and create norms. Finally, I show the ways in which the social sciences can be moral sciences in the Enlightenment sense. This account provides us with a coherent Enlightenment standard by which to judge institutions as promoting development, understood in terms of the capabilities necessary for freedom. The relevant social science in this area might include the robust generalization that there has never been a famine in a democratic society.     

The Normative Paradigm of Constitutional Democracy

This piece criticizes traditional formal and procedural conceptions of democracy, which fail to account for the development of contemporary constitutional democracy. The latter is characterized by a substantive dimension with respect to the content of the decisions taken through the democratic process. The validity of such decision is conditioned by the respect and actualization of fundamental rights, which are established by the constitution. The limits and constraints established by the constitution require juridical science to play a critical and programmatic role vis-à-vis the ‘unlawful’ exercise of public powers, when these enter in contrast with the limits imposed by the constitution.     

Foundations of Academic Freedom: Making New Sense of Some Aging Arguments

The article distinguishes between the various arguments traditionally offered as justifications for the principle of academic freedom. Four main arguments are identified, three consequentialist in nature (the argument from truth, the democratic argument, the argument from autonomy), and one nonconsequentialist (a variant of the autonomy argument). The article also concentrates on the specific form these arguments must take in order to establish academic freedom as a principle distinct from the more general principles of freedom of expression and intellectual freedom.     

Freedom and poverty in the Kantian state

The coercive authority of the Kantian state is rationally grounded in the ideal of equal external freedom, which is realized when each individual can choose and act without being constrained by another's will. This ideal does not seem like it can justify state‐mandated economic redistribution. For if one is externally free just as long as one can choose and act without being constrained by another, then only direct slavery, serfdom, or other systems of overt control seem to threaten external freedom. Yet Kant endows the freedom‐based state with considerable powers of economic redistribution. I argue that recent commentary has misunderstood both Kant's account of why poverty is a form of freedom‐threatening dependence and the extent of the Kantian state's powers for remedying poverty. Criticizing Arthur Ripstein and the Kantianism of the “Toronto‐School,” I argue that the most salient notion of dependence at issue within the Kantian framework is not the direct control of the choice‐making capacities of another but asymmetrical influence in a power relationship. For Kant, poverty is fundamentally a problem of structural disempowerment.     

Modernization,Rights, and Democratic Society: The Limits of Habermas’s Democratic Theory

Jürgen Habermas’s discourse-theoretic reconstruction of the normative foundations of democracy assumes the formal separation of democratic political practice from the economic system. Democratic autonomy presupposes a vital public sphere protected by a complex schedule of individual rights. These rights are supposed to secure the formal and material conditions for democratic freedom. However, because Habermas argues that the economy must be left to function according to endogenous market dynamics, he accepts as a condition of democracy (the formal separation of spheres) a social structure that is in fact anti-democratic. The value of self-determination that Habermas’s theory of democracy presupposes is contradicted by the actual operations of capitalist markets. Further democratic development demands that the steering mechanisms of the capitalist market be challenged by self-organizing civic movements.     

Sanity and madness

The author sets out a schema with some underlying principles aimed at illuminating the nature of madness, how it sabotages our freedom and the deepest reasons why patients want to be sane. He claims that this is not possible without revising Freud's pleasure principle and determinism and replacing it with desire for freedom as the dominant motivating principle.     

Populism and democracy: The challenge for deliberative democracy

Theorists of democracy have long grappled with the question of how to uphold the promise of popular government while restraining populist excesses. The deliberative conception of democracy proposes to do so by subjecting power to collective decision making through procedures of free and equal public deliberation. Critics of this idea often target its realizability. Though valid in theory, they claim, deliberative democracy is hopelessly utopian. The paper argues that, given a proper understanding of the deliberative approach and its underlying ideal of collective self‐government, this line of criticism is not very potent. However, another line of criticism, less pronounced in the contemporary debate, is more effective, questioning the very cogency of public discussion, even by a competent public, as a means of collective self‐government. Open public discussion is prone to various forms of manipulation and deception, which subvert rather than facilitate self‐government. Deliberative democracy's egalitarianism and populism therefore run counter to its deliberative aspiration, which underpins its ideal of democratic legitimacy.     

The True Confessions of a White Rawlsian Liberal: An Argument for a Capacities Approach to Democratic Legitimacy

Abstract

This paper takes as its point of departure the constitutional talks in South Africa in the early 1990’s. I suggest that liberal rather than democratic values held a particular attraction to South African political philosophers like me. Taking the example of Rawlsian liberalism, I show how liberalism locates the normative anchors of legitimacy outside the democratic process and is content with a weak interpretation of political equality. As an alternative I sketch a capacities approach to democratic legitimacy drawing on the work of Sen and Nussbaum. In particular I argue that the capacity to participate in democratic practices is what grounds and legitimizes principles of democratic justice agreed to by citizens. I conclude by suggesting that South Africa’s democracy would have been stronger if the state had attended to the capacities of citizens to participate in the democratic process.