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The “impossibility results” in algorithmic fairness suggest that a predictive model cannot fully meet two common fairness criteria – sufficiency and separation – except under extraordinary circumstances. These findings have sparked a discussion on fairness in algorithms, prompting debates over whether predictive models can avoid unfair discrimination based on protected attributes, such as ethnicity or gender. As shown by Otto Sahlgren, however, the discussion of the impossibility results would gain from importing some of the tools developed in the philosophical literature (...) on feasibility. Utilizing these tools, Sahlgren sketches a cautiously optimistic view of how algorithmic fairness can be made feasible in restricted local decision-making. While we think it is a welcome move to inject the literature on feasibility into the debate on algorithmic fairness, Sahlgren says very little about what are the general gains of bringing in feasibility considerations in theorizing algorithmic fairness. How, more precisely, does it help us make assessments about fairness in algorithmic decision-making? This is what is addressed in this Reply. More specifically, our two-fold argument is that feasibility plays an important but limited role for algorithmic fairness. We end by offering a sketch of a framework, which may be useful for theorizing feasibility in algorithmic fairness. (shrink)

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Political realists’ rejection of the so-called ‘ethics first’ approach of political moralists, has raised concerns about their own source of normativity. Some realists have responded to such concerns by theorizing a distinctively political normativity. According to this view, politics is seen as an autonomous, independent domain with its own evaluative standards. Therefore, it is in this source, rather than in some moral values ‘outside’ of this domain, that normative justification should be sought when theorizing justice, democracy, political legitimacy, and the (...) like. For realists the question about a distinctively political normativity is important, because they take the fact that politics is a distinct affair to have severe consequences for both how to approach the subject matter as such and for which principles and values can be justified. Still, realists have had a hard time clarifying what this distinctively political normativity consists of and why, more precisely, it matters. The aim of this paper is to take some further steps in answering these questions. We argue that realists have the choice of committing themselves to one of two coherent notions of distinctively political normativity: one that is independent of moral values, where political normativity is taken to be a kind of instrumental normativity; another where the distinctness still retains a justificatory dependence on moral values. We argue that the former notion is unattractive since the costs of commitment will be too high, and that the latter notion is sound but redundant since no moralist would ever reject it. Furthermore, we end the paper by discussing what we see as the most fruitful way of approaching political and moral normativity in political theory. (shrink)

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Philosophy Compass, Volume 17, Issue 6, June 2022.

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In recent years, some political realists have argued that there is a “distinctively political normativity” which should be used when construing and justifying political theories. Among realists focusing on a distinctively political normativity, one can identify two approaches. On the “moral view,” it is explicitly acknowledged that moral norms have a role to play in political normativity. On the “non-moral view,” distinctively political normativity is understood in terms of a non-moral kind of practical normativity. The non-moral view has received severe (...) criticism, not least pertaining to its instrumental versions. Recently, however, Carlo Burelli has attempted to develop a realist account that is faithful to the non-moral view, but which is said to avoid the criticism directed against non-moral accounts in general, and the purely instrumental ones, in particular. Burelli offers a functional account of distinctively political normativity, according to which the function of providing binding collective decisions generates a normative standard that is independent of morality. Despite its many innovative features, however, we argue that it fails with regard to the most pressing concern, which is not whether functional normativity is genuine normativity, but whether it is the right normativity for its assigned role. (shrink)

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Although the discussion about feasibility in political theory is still in its infancy, some important progress has been made in the last years to advance our understanding. In this paper, we intend to make a contribution to this growing literature by investigating the proper place of feasibility considerations in political theory. A motivating force behind this study is a suspicion that many presumptions made about feasibility in several current debates—such as that between practice-independence and practice-dependence, ideal and non-ideal theory, and (...) political moralism and political realism—are too rigid and underestimate the numerous different ways in which feasibility concerns may enter into our theorizing. To chisel out this feasibility space, our aim is to suggest two metatheoretical constraints on normative political principles as intuitively plausible, the so-called ‘fitness constraint’ and the ‘functional constraint’, through which we elucidate five central aspects for determining proper feasibility constraints of an account in political theory. (shrink)

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An intensified discussion on the role of normative ideals has re-emerged in several debates in political philosophy. What is often referred to as “ideal theory,” represented by liberal egalitarians such as John Rawls, is under attack from those that stress that political philosophy at large should take much more seriously the nonideal circumstances consisting of relations of domination and power under which normative ideals, principles, and ideas are supposed to be applied. While the debate so far has mainly been preoccupied (...) with defending or rejecting ideal theory through a defense or rejection of a specific ideal theory, this paper instead focuses on a number of general philosophical concerns on which the critique relies. More specifically, it brings up for scrutiny, and ultimately rejects, three charges against ideal theory: the charge that ideal theory is not action-guiding, that ideal theory is impossible, and that ideal theory is distorting. By investigatingthese charges in tandem, the paper shows that the criticism against ideal theory is premised on assumptions about the relationships between thought and action and between concepts and the world for which there is little or no support. (shrink)

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The question of what role social and political practices should play in the justification of normative principles has received renewed attention in post-millennium political philosophy. Several current debates express dissatisfaction with the methodology adopted in mainstream political theory, taking the form of a criticism of so-called ‘ideal theory’ from ‘non-ideal’ theory, of ‘practice-independent’ theory from ‘practice-dependent’ theory, and of ‘political moralism’ from ‘political realism’. While the problem of action-guidance lies at the heart of these concerns, the critics also share a (...) number of methodological assumptions. Above all, their methodology is practice-dependent in the sense that an existing practice is assumed to put substantial limitations on the appropriate normative principles for regulating it. In other words, we cannot formulate and justify an appropriate principle without first understanding the practice this principle is supposed to govern. The aim of this paper is to map out and analyze the common denominators of these debates with regard to methodological commitments. We will investigate how this practice-dependent method may be understood and motivated. In particular, we point to challenges that must be met in order for the position to remain both distinct and attractive. (shrink)

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In response to the democratic boundary problem, two principles have been seen as competitors: the all-affected interests principle and the all-subjected principle. This article claims that these principles are in fact compatible, being justified vis-à-vis different functions, accommodating different values and drawing on different sources of normativity. I call this a ‘function-sensitive’ view. More specifically, I argue that the boundary problem draws attention to the decision functions of democracy and that two values are indispensable when theorizing how to regulate these (...) functions: procedural fairness and political autonomy. While the value of procedural fairness is best promoted through a version of the all-affected interests principle, applied to decision making generally, it is argued that political autonomy is best promoted through a version of the all-subjected principle, applied to coercive decision making specifically. The article concludes by drawing out some practical implications of the function-sensitive view for the case of immigration and border controls. (shrink)

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In a previous article, we unpacked the so-called “ethics first premise”—the idea that ethics is “prior” to politics when theorizing political legitimacy— that is denied by political realists. We defended a “justificatory” reading of this premise, according to which political justification is irreducibly moral in the sense that moral values are among the values that ground political legitimacy. We called this the “necessity thesis.” In this paper we respond to two challenges that Robert Jubb and Enzo Rossi raise against our (...) proposal. Their first claim is that our argument for the necessity thesis is question begging, since we assume rather than show that freedom and equality are moral values. The second claim is that Bernard Williams’s Basic Legitimacy Demand demonstrates the possibility of giving political legitimacy a non-moral foundation, since it allows for a distinction to be made between politics and sheer domination. We refute both claims. (shrink)

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The creation of increasingly complex artificial intelligence (AI) systems raises urgent questions about their ethical and social impact on society. Since this impact ultimately depends on political decisions about normative issues, political philosophers can make valuable contributions by addressing such questions. Currently, AI development and application are to a large extent regulated through non-binding ethics guidelines penned by transnational entities. Assuming that the global governance of AI should be at least minimally democratic and fair, this paper sets out three desiderata (...) that an account should satisfy when theorizing about what this means. We argue, first, that an analysis of democratic values, political entities and decision-making should be done in a holistic way; second, that fairness is not only about how AI systems treat individuals, but also about how the benefits and burdens of transformative AI are distributed; and finally, that justice requires that governance mechanisms are not limited to AI technology, but are incorporated into a range of basic institutions. Thus, rather than offering a substantive theory of democratic and fair AI governance, our contribution is metatheoretical: we propose a theoretical framework that sets up certain normative boundary conditions for a satisfactory account. (shrink)

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In the last couple of years, increased attention has been directed at the question of whether there is such a thing as a distinctively political normativity. With few exceptions, this question has so far only been explored by political realists. However, the discussion about a distinctively political normativity raises methodological and meta-theoretical questions of general importance for political theory. Although the terminology varies, it is a widely distributed phenomenon within political theory to rely on a normative source which is said (...) to be political rather than moral, or at least foremost political. In light of this concern, the present paper moves beyond political realism in the attempt to explore alternative ways of understanding distinctively political normativity, in a way which may be useful for political theorists. More specifically, we investigate two candidate views, here labelled the “domain view” and the “role view,” respectively. The former traces distinctness to the “domain,” that is, to the circumstances of politics. This view has gained a lot of support in the literature in recent years. The latter traces distinctness to “role,” that is, the role-specific demands that normative-political principles make. Our twofold claim in this paper is that the domain view is problematic but that the role view is promising. (shrink)

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In the recent debate on political normativity in political philosophy, two positions have emerged among so-called political realists. On the first ‘non-moral’ view, political normativity is understood as orthogonal to moral normativity. On the second ‘filter view’, moral norms and prescriptions may be ‘filtered through’ the realities of politics such that they are altered by politics’ constitutive features. While the former has been severely criticized, the latter has remained underdeveloped and vague. To take the debate on political normativity forward, the (...) aim in this paper is to explore what it could reasonably mean to claim that moral norms are filtered through politics and are aligned with its constitutive features. More specifically, we explore the role of moral norms in political theory. We take our starting-point in Larmore’s work and make two claims. First, we argue against Larmore’s claim – following political realists – that because political philosophy is concerned with the regulation of basic institutions and legal-political orders, it should primarily focus on political legitimacy rather than justice and always focus on legitimacy before justice. In our view, nothing in the constitutive features of politics supports such a conclusion. Second, we argue that any reasonable political theory relies on at least one moral premise, constituted by foundational principles (or values), which are independent of a society or polity. These are more basic than political principles in the sense that they put up the normative boundary conditions for such principles. (shrink)

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While methodological and metatheoretical questions pertaining to feasibility have been intensively discussed in the philosophical literature on feasibility and justice in recent years, these discussions have not permeated the debate on global democracy. The overall aim in this paper is to demonstrate the fruitfulness of importing some of the advancements made in this literature into the debate on global democracy as well as to develop aspects that are relevant for explaining the role of feasibility in normative political theory. This is (...) done by pursuing two arguments. First, to advance the work on the role of feasibility, we suggest two metatheoretical constraints on normative political theorizing as intuitively plausible – the ‘fitness constraint’ and the ‘functional constraint’ – which elucidate a number of aspects relevant for determining proper feasibility constraints of an account in political theory. Second, to illustrate the usefulness of this feasibility framework, we sketch an account of global democracy consisting of normative principles which respond differently to these aspects and thus are tied to different feasibility constraints as well as exemplify how it may be applied in practice. (shrink)

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The practice-dependent approach to justice has received a lot of attention in post-millennium political philosophy. It has been developed in different directions and its normative implications have been criticized, but little attention has been directed to the very distinction between practice-dependence and practice-independence and the question of what theoretically differentiates a practice-dependent account from mainstream practice-independent accounts. The core premises of the practice-dependent approach, proponents argue, are meta-normative and methodological. A key feature is the presumption that a concept of justice (...) is dependent on the function or aim of the social practices to which it is supposed to be applied. Closely related to this meta-normative thesis is an interpretive methodology for deriving principles of justice from facts about existing practices, in particular regarding their point and purpose. These two premises, practice-dependent theorists claim, differentiate their account since they are not accepted by practice-independent accounts and they justify different principles of justice than practice-independent accounts. Our aim in this article is to refute both and, demonstrating that practice-independent accounts may indeed accept the meta-normative and methodological premises of the practice-dependent accounts, and that we are given no theoretical reason to think that practice-dependent accounts justify other principles of justice for a practice than do practice-independent accounts. In other words, practice-dependent theorists have not substantiated their claim that practice-dependence is theoretically differentiated from mainstream accounts. When practice-dependent proponents argue for other principles of justice than mainstream theorists, it will be for the usual reason in normative theory: their first-order normative arguments differ. (shrink)

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Does Normative Behaviourism Offer an Alternative Methodology in Political Theory?

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During the last couple of decades, concurrently with an increased awareness of the complexity of ethical conflicts, political theorists have directed attention to how constitutional democracy should cope with a fact of incommensurable doctrines. Poststructuralists such as Chantal Mouffe claim that ethical conflicts are fundamentally irreconcilable, which is indeed a view shared by many liberal theorists. The question of whether ethical conflicts are in principle irreconcilable is an important one since the answer has implications for what democratic institutions are desirable. (...) In light of this question the article investigates the notion of conflict in agonistic pluralism and discourse theory. At first glance, Mouffe’s agonism seems apt to accommodate ethical conflict in democratic governance, since it focuses on conflict as the core of politics, whereas Habermasian deliberative democracy seems inappropriate for this task, as it focuses on consensus. However, through an inquiry into the conditions of conflict this article will argue the opposite, namely, that conflict cannot be adequately understood within Mouffe’s agonistic framework. The thesis defended is (1) that discourse theory offers a more accurate account of conflict than agonistic theory because it embraces the idea that deliberation is constitutive of conflict, and (2) that some of Habermas’ assumptions concerning ethical discourse need to be revised in order for his democratic theory to fully accommodate this insight. (shrink)

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In the recent debate on political normativity in political philosophy, two positions have emerged among so-called political realists. On the first ‘non-moral’ view, political normativity is understood as orthogonal to moral normativity. On the second ‘filter view’, moral norms and prescriptions may be ‘filtered through’ the realities of politics such that they are altered by politics’ constitutive features. While the former has been severely criticized, the latter has remained underdeveloped and vague. To take the debate on political normativity forward, the (...) aim in this paper is to explore what it could reasonably mean to claim that moral norms are filtered through politics and are aligned with its constitutive features. More specifically, we explore the role of moral norms in political theory. We take our starting-point in Larmore’s work and make two claims. First, we argue against Larmore’s claim – following political realists – that because political philosophy is concerned with the regulation of basic institutions and legal-political orders, it should primarily focus on political legitimacy rather than justice and always focus on legitimacy before justice. In our view, nothing in the constitutive features of politics supports such a conclusion. Second, we argue that any reasonable political theory relies on at least one moral premise, constituted by foundational principles (or values), which are independent of a society or polity. These are more basic than political principles in the sense that they put up the normative boundary conditions for such principles. (shrink)

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Although the concept of “AI governance” is frequently used in the debate, it is still rather undertheorized. Often it seems to refer to the mechanisms and structures needed to avoid “bad” outcomes and achieve “good” outcomes with regard to the ethical problems artificial intelligence is thought to actualize. In this article we argue that, although this outcome-focused view captures one important aspect of “good governance,” its emphasis on effects runs the risk of overlooking important procedural aspects of good AI governance. (...) One of the most important properties of good AI governance is political legitimacy. Starting out from the assumptions that AI governance should be seen as global in scope and that political legitimacy requires at least a democratic minimum, this article has a twofold aim: to develop a theoretical framework for theorizing the political legitimacy of global AI governance, and to demonstrate how it can be used as a compass for critially assessing the legitimacy of actual instances of global AI governance. Elaborating on a distinction between “governance by AI” and “governance of AI” in relation to different kinds of authority and different kinds of decision-making leads us to the conclusions that much of the existing global AI governance lacks important properties necessary for political legitimacy, and that political legitimacy would be negatively impacted if we handed over certain forms of decision-making to artificial intelligence systems. (shrink)

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The central ideas coming out of the so-called pragmatic turn in philosophy have set in motion what may be described as a pragmatic turn in normative political theory. It has become commonplace among political theorists to draw on theories of language and meaning in theorising democracy, pluralism, justice, etc. The aim of this paper is to explore attempts by political theorists to use theories of language and meaning for such normative purposes. Focusing on Wittgenstein's account, it is argued that these (...) attempts are unsuccessful. It is shown that pragmatically influenced political theorists draw faulty epistemological, ontological and semantic conclusions from Wittgenstein's view in their normative theorising, and it is argued that pragmatically influenced theories of language and meaning, however full of insight, cannot be put to substantial normative use in political theory. The general scope of the thesis is motivated by pointing to the general form of the argument and by moving beyond Wittgenstein to other philosophers of mind and language, illustrating how similar overextensions are made with regard to Robert Brandom's theory of language and meaning. (shrink)

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The first systematic analysis of current debates surrounding the role of practice in political theory Should social and political practices should play a role in the justification of normative political principles? In several sub-domains of political theory, theorists have suggested that practices constrain principles in various ways. This book joins five key debates in the current theoretical literature that have been largely taking place in isolation and identifies common strands of argument and their shared problems. By illuminating these connections and (...) cross-fertilising key debates in the current theoretical literature, it develops a unified way forward for practice-based political theory. (shrink)

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A shared presumption among practice-dependent theorists is that a principle of justice is dependent on the function or aim of the practice to which it is supposed to be applied. In recent contributions to this debate, the condition of epistemic uncertainty plays a significant role for motivating and justifying a practice-dependent view. This paper analyses the role of epistemic uncertainty in justifying a practice-dependent approach. We see two kinds of epistemic uncertainty allegedly playing this justificatory role. What we call ‘normative (...) epistemic uncertainty’ emerges from dealing with the problem of value uncertainty in justifying applied principles when our higher-level principles are open-textured, that is, when their content is too vague or unclear to generate determinate prescriptions. What we call ‘descriptive epistemic uncertainty’ emerges from dealing with uncertainty about empirical facts, such as the problem of moral assurance, that is, the problem that the requirements of justice cannot go beyond arrangements that we can know with reasonable confidence that we can jointly establish and maintain. In both cases, practice-dependent theorists conclude that the condition of epistemic uncertainty justifies a practice-dependent approach, which puts certain restrictions on theorizing regulative principles and has wide-ranging practical implications for the scope of justice. Our claim in this paper is that neither kind of epistemic uncertainty justifies a practice-dependent approach. (shrink)

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In recent years, philosophers influenced by Peirce's pragmatism have contributed to the democracy debate by offering not simply a justification of democracy that relies on epistemic as well as moral presumptions, but a justification on purely epistemic grounds, that is, without recourse to any moral values or principles. In a nutshell, this pragmatist epistemic argument takes as its starting-point a few fundamental epistemic principles we cannot reasonably deny, and goes on to claim that a number of interpersonal epistemic commitments follow, (...) which in turn justify democracy in a fullfledged, deliberative sense. In light of the fact of reasonable pluralism, this freestanding epistemic justification of democracy is allegedly superior to the mainstream, morally anchored liberal alternatives, because epistemic principles are universally shared despite moral disagreement. The pragmatist epistemic approach has been praised for being a valuable contribution to democratic theory, but few attempts have so far been made to systematically scrutinize the argument as a whole. The present paper sets out to do that. In particular, our investigation focuses on the underappreciated but central coherence form of the pragmatist epistemic argument: the central claim that in order to be an internally coherent believer, one must accept democracy. While we endorse the fundamental premise for the sake of argument, our analysis shows that the argument fails in both of the two further steps, and. More specifically, the epistemic principles are too weak to entail the suggested interpersonal epistemic commitments; and even if these epistemic commitments are granted, they are insufficient to ground democracy. (shrink)

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The Right to Justification : Elements of a Constructivist Theory of Justice.

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The question of whether global democracy requires a world state has with few exceptions been answered with an unequivocal ‘No’. A world state, it is typically argued, is neither feasible nor desirable. Instead, different forms of global governance arrangements have been suggested, involving non-hierarchical and multilayered models with dispersed authority. The overall aim of this paper is to addresses the question of whether global democracy requires a world state, adopting a so-called ‘function-sensitive’ approach. It is shown that such an approach (...) is equipped to resist the predominant binary view of a world state and offer a more differentiated and nuanced answer to this question. In brief, a basic presumption of a function-sensitive approach is that the content, justification and status of principles of democracy are dependent on the aim they are set out to achieve, what functions they are intended to regulate (e.g., decision-making, implementation, enforce... (shrink)

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In this critique of Michael Goodhart's "Human Rights and Global Democracy," Eva Erman argues that Goodhart has reconceptualized democracy and therefore does not offer a better understanding of the relationship between human rights and global democracy.

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A comprehensive exploration of theories of citizenship and inclusiveness in an age of globalization. The authors analyze democracy and the political community in a transnational context, using new critical, conceptual and normative perspectives on the borders, territories and political agents of the state.

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There is an underlying idea of symmetry involved in most notions of rationality. From a dialogical philosophical standpoint, however, the symmetry implied by social contract theories and so-called Golden Rule thinking is anchored to a Cartesian subject–object world and is therefore not equipped to address recognition – at least not if recognition is to be understood as something happening between subjects. For this purpose, the dialogical symmetry implied by Habermas' communicative action does a much better job. Still, it is insufficient (...) to embrace those kinds of recognition that are dependent on asymmetry and concrete difference. This article explores how communicative action could meet the demand of recognition by investigating a complementary source of validity in communicative rationality, apart from Habermas' validity claims, in which ‘inter’ is better characterized as mutuality than as symmetry. By recognizing both sources of validity, communicative action can open the door more fully to all aspects of recognition without giving up its universal pragmatic core. Key Words: communicative action • communicative rationality • discourse ethics • Jürgen Habermas • Axel Honneth • recognition • universal pragmatics. (shrink)

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This volume explores the relationship between human rights and democracy within both the theoretical and empirical field. It is an innovative study that offers tools for democratizing existing global political institutions.

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On most accounts of global democracy, human rights are ascribed a central function. Still, their conceptual role in global democracy is often unclear. Two recent attempts to remedy this deficiency have been made by James Bohman and Michael Goodhart. What is interesting about their proposals is that they make the case that under the present circumstances of politics, global democracy is best conceptualized in terms of human rights. Although the article is sympathetic to this ‘human rights approach’, it defends the (...) thesis that human rights are not enough for global democracy. It argues that insofar as we hold on to the general idea of democracy as a normative ideal of self-determination (self-rule) that is, of people determining their own lives and ruling over themselves, the concept of democracy accommodates two necessary conditions, namely, political bindingness and political equality. Further, it argues that neither Bohman's nor Goodhart's accounts fulfills these conditions and that one explanation for this could be traced to a lack of clarity concerning the distinction between democracy as normative ideal and democracy as decision method or rules (for example, institutions, laws and norms) for regulating social interactions. This ambiguity has implications for both Goodhart and Bohman. In Goodhart's work it manifests itself as a vagueness concerning the difference between political agency and democratic agency; in Bohman's work it becomes unclear whether he contributes a normative democratic theory or a theory of democratization. Although this article develops both a conceptual and a normative argument against their proposals, the aim is not to find fault with them but to point to questions that are in need of further elaboration to make them more convincing. (shrink)

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Combining case studies with normative theory, this book analyzes the democratic credentials of transnational actors participating in global governance, ranging from corporations and philanthropic foundations to NGOs and social movements. This leads to innovative interpretations of democratic legitimacy in a transnational context.

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This paper analyzes agency in Pettit’s republican conception of freedom. By understanding freedom intersubjectively in terms of agency, Pettit makes an important contribution to the contemporary debate on negative liberty. At the same time, some of the presumptions about agency are problematic. The paper defends the thesis that Pettit is not able to provide the sufficient conditions for freedom as non-domination that he sets out to do. In order to show why this is the case and how we can address (...) this shortcoming, a distinction is introduced between a thick and a thin intersubjective account of agency. It is argued that while Pettit’s freedom presupposes a thin account, he would need a thick account in order to elaborate not only the necessary but also the sufficient conditions of freedom as non-domination. (shrink)

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Focusing on ‘real actions’ of ‘real people’, normative behaviourism turns facts about observable patterns of behaviour into grounds for specific normative political principles. For this reason, this way of doing normative political theory has strong political realist credentials, given its methods, values and ambitions. In fact, according to its supporters, normative behaviourism is an improvement of political realism since it solves two problems that allegedly face many realists, namely, the ‘legitimacy problem’, i.e., how we should distinguish genuine acceptance of a (...) political system from false acceptance, and ‘the institutional problem’, i.e., how we should translate political principles into viable political institutions. In this paper, we make two claims. First, normative behaviourism does not solve the legitimacy problem encountered by realists, because its solution rests on a flawed distinction between foundational principles and ‘principles that matter’, together with a problematic use of a Humean internal reasons approach. Second, normative behaviourism does not solve the institutional problem encountered by realists, because its solution is in fact much more unfeasible than realist prescriptions, since feasibility is interpreted as mere possibility. We wind up our analysis by showing that normative behaviourism encounters new problems that realist approaches typically do not face. (shrink)

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