This paper examines the differences between moralist, realist, and pragmatist approaches to political legitimacy by articulating their largely implicit views of judgment. Three claims are advanced. First, the salient opposition among approaches to legitimacy is not between “moralism” and “realism.” Recent realist proposals for rethinking legitimacy share with moralist views a distinctive form, called “normativism”: a quest for knowledge of principles that solve the question of legitimacy. This assumes that judging legitimacy is a matter of applying such principles to a (...) case at hand. Second, neither Rawls nor Habermas is a normativist about political legitimacy. The principles of legitimacy they proffer claim to express rather than adjudicate the legitimacy of a liberal-democratic regime, and thus cannot solve the question of legitimacy at a fundamental level. But perhaps we should question the normativist aspiration to theoretically resolving the problem to begin with. My third claim is that a “pragmatist” approach enables us to rethink political legitimacy more deeply by shifting focus from the articulation of principles to the activity of judging. Implicit in Rawls’s and Habermas’s theories I then find clues towards an alternative account of judgment, in which the question of legitimacy calls not for theoretical resolution but for ongoing practical engagement. (shrink)

This paper provides an agonistic interpretation of Robert Brandom's social-pragmatic account of normativity. I argue that social practice, on this approach, should be seen not just as cooperative, but also as contestatory. This aspect, which has so far remained implicit, helps to illuminate Brandom's claim that normative statuses are ‘instituted’ by social practices: normative statuses are brought into play in mutual engagement, and are only in play from an engaged social perspective among others. Moreover, in contrast to a positivist or (...) conventionalist understanding of Brandom's work, it shows that the possibility of a critical stance toward existing practices is not only compatible with, but already implicit in this form of pragmatism. This can be made explicit with the notion of farcical practices: practices that are treated merely as if they institute genuine commitments and entitlements. Interpreting a practice as farcical is taking a critical stance toward it, and this possibility is inherent in Brandom's theoretical framework. This opens the way for a fruitful appropriation of Brandom's pragmatism for social and political philosophy. (shrink)

Eva Erman and Niklas Möller have recently criticised a range of political theorists for committing a pragmatistic fallacy, illicitly drawing normative conclusions from politically neutral ideas abo...

Agonism is a political theory that places contestation at the heart of politics. Agonistic theorists charge liberal theory with a depoliticization of pluralism through an excessive focus on consensus. This paper examines the agonistic critiques of liberalism from a normative perspective. I argue that by itself the argument from pluralism is not sufficient to support an agonistic account of politics, but points to further normative commitments. Analyzing the work of Mouffe, Honig, Connolly, and Owen, I identify two normative currents of (...) agonistic theory: emancipatory agonism, aimed at challenging violence and exclusion, and perfectionist agonism, aimed at the cultivation of nobility. From a normative perspective the former presents an internal challenge to liberalism, while the latter constitutes an external challenge to liberalism by providing a competing account of the ends of politics. Recognition of the distinction between emancipatory and perfectionist agonism is crucial in assessing the purchase of agonistic critiques of liberalism. Furthermore, this analysis draws us beyond the simple opposition between contestation and consensus. It is not simply a question of valuing genuine pluralism and therefore criticizing consensus; rather the question comes to be: what are the ends of politics? (shrink)

This essay presents a new way of conceptualizing the problem of political obligation. On the traditional ‘normativist’ framing of the issue, the primary task for theory is to secure the content and justification of political obligations, providing practically applicable moral knowledge. This paper develops an alternative, ‘pragmatist’ framing of the issue, by rehabilitating a frequently misunderstood essay by Hanna Pitkin and by recasting her argument in terms of the ‘pragmatic turn’ in recent philosophy, as articulated by Robert Brandom. From this (...) perspective, the content and justification of political obligations cannot be determined in a way that is in principle separable from their application. This casts ‘political obligation’ not as a problem to be philosophically resolved, but as a political predicament that calls for a kind of practical engagement. The merit of this perspective is to draw our attention toward the conditions under which the problem appears as a lived predicament. (shrink)

This essay examines the promise of the notion of modus vivendi for realist political theory. I interpret recent theories of modus vivendi as affirming the priority of peace over justice, and explore several ways of making sense of this idea. I proceed to identify two key problems for modus vivendi theory, so conceived. Normatively speaking, it remains unclear how this approach can sustain a realist critique of Rawlsian theorizing about justice while avoiding a Hobbesian endorsement of absolutism. And conceptually, the (...) theory remains wedded to a key feature of social contract theory: political order is conceived as based on agreement. This construes the horizontal tensions among individual or group agents in society as prior to the vertical, authoritative relations between authorities and their subjects. Political authority thereby appears from the start as a solution to societal conflict, rather than a problem in itself. I argue that this way of framing the issue abstracts from political experience. Instead I attempt to rethink the notion of modus vivendi from within the lived experience of political conflict, as oriented not primarily toward peace, but political survival. With this shift of perspective, the idea of modus vivendi shows us, pace Bernard Williams, that the “first political question” is not how to achieve order and stability, but rather: what can I live with? (shrink)

This essay contributes to developing a new approach to political legitimacy by asking what is involved in judging the legitimacy of a regime from a practical point of view. It is focused on one aspect of this question: the role of identity in such judgment. I examine three ways of understanding the significance of identity for political legitimacy: the foundational, associative, and agonistic picture. Neither view, I claim, persuasively captures the dilemmas of judgment in the face of disagreement and uncertainty (...) about who “I” am and who “we” are. I then propose a composite, pragmatic picture. This view casts the question of political legitimacy as an existential predicament: it is fundamentally a question about who you are—both as a person and as a member of collectives. The pragmatic picture integrates rational, prudential, and ethical qualities of good judgment that were heretofore associated with mutually exclusive ways of theorizing legitimacy. It also implies that the question of legitimacy cannot be resolved philosophically. (shrink)

Recent debates in political theory display a renewed interest in the problem of judgment. This article critically examines the different senses of judgment that are at play in Jürgen Habermas’ theory of law. The article offers a new critical reading of Habermas’ account of the legitimacy of law, and a revisionary interpretation of the reconstructive approach to political theory that underpins it. Both of these are instrumental to an understanding of what is involved in judging the legitimacy of law that (...) is richer than has been recognized thus far by both critics and defenders of Habermas. (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)

Voting Advice Applications (VAAs) are interactive online tools designed to assist voters by improving the basis on which they decide how to vote. In recent years, they have been widely adopted, but their design is the subject of ongoing and often heated criticism. Most of these debates focus on whether VAAs accurately measure the standpoints of political parties and the preferences of users and on whether they report valid results while avoiding political bias. It is generally assumed that if their (...) methodology is sound, then VAAs can be seen as strengthening the democratic process. But as we argue in this chapter, the setup of VAAs raises basic questions of normative democratic theory as well. Insofar as VAAs are supposed to improve the functioning of the democratic process, it must be clarified in what sense they aim to make a contribution, before it even makes sense to discuss their effectiveness at doing so. -/- VAAs are often intended to enhance the democratic process by one or all of the following: (I) informing voters about the policy standpoints of political parties (or individual candidates), (2) increasing voter turnout, and (3) ensuring that the composition of parliaments more accurately reflects the political attitudes of the electorate. In the next three sections, we discuss three central bones of contention in current democratic theory that are crucial to these ways in which VAAs typically take themselves to contribute to strengthening the democratic process: -/- 1. Questions about citizen competence: What forms of competence do citizens need to have, and to what extent, for a democracy to function properly? -/- 2. Questions about political participation: What forms and extent of participation are vital to democracy? -/- 3. Questions about democratic representation: How should the relation between the elected and the electorate be understood? -/- For each issue we aim to show, first, how the design and setup of mainstream VAAs are tacitly structured by a specific conception of the democratic aim at issue and, second, what some alternative positions on these questions are within contemporary political theory. In the final section, we will discuss some of the implications of this analysis for the responsibilities of VAA developers, and particularly for the procedural neutrality to which they are typically committed. Our conclusion will be that once these issues are identified, developers of VAAs should either argue in favour of their views on democratic competence, participation and representation, or they should rethink the design of VA As in ways that move beyond their current assumptions, or both. (shrink)

Voting Advice Applications (VAAs) are online tools designed to help citizens decide how to vote. They typically offer their users a representation of what is at stake in an election by matching user preferences on issues with those of parties or candidates. While the use of VAAs has boomed in recent years in both established and new democracies, this new phenomenon in the electoral landscape has received little attention from political theorists. The current academic debate is focused on epistemic aspects (...) of the question how a VAA can adequately represent electoral politics. We argue that conceptual and normative presuppositions at play in the background of the tool are at least as important. Even a well-developed VAA does not simply reflect what is at stake in the election by neutrally passing along information. Rather, it structures political information in a way that is informed by the developers’ presuppositions. Yet, these presuppositions remain hidden if we interpret the tool as a mirror that offers the user a reflection of him/herself situated within the political landscape. VAAs should therefore be understood as electoral dioramas, staged according to a contestable picture of politics. (shrink)

This contribution develops two objections to Hans Lindahl’s legal philosophy, as exhibited in his Authority and the Globalization of Inclusion and Exclusion. First, his conception of constituent power overstates the necessity of violence in initiating collective action. Second, his rejection of the distinction between participatory and representative democracy on the grounds that participation is representation is misleading, and compromises our ability to differentiate qualitatively among various forms of (purportedly) democratic involvement. Both problems stem from the same root. They result from (...) conflating two distinct senses of ‘representation’: acting-for-someone (or representative agency) and portraying-something-as-something (or representation-as). (shrink)