Cristina Lafont

En este trabajo analizo las propuestas de insertar minipúblicos deliberativos en el proceso político para superar las numerosas “brechas” de representación que aquejan actualmente a los sistemas de partidos tradicionales. Sostengo que la noción de representación que subyace a muchas de estas propuestas tiene algunas similitudes importantes con la noción de representación como “encarnación” del pueblo propia del populismo. A partir de un análisis comparativo entre las variedades populistas y lotocráticas de la representación como “encarnación” del pueblo, destaco dos características que comparten y que son perjudiciales para la democracia. Sobre la base de este análisis, defiendo una forma de entender la relación entre los participantes de los minipúblicos y la ciudadanía en general que evita los rasgos problemáticos de la concepción populista de la representación como encarnación. Para finalizar, expongo cómo las propuestas de usos de los minipúblicos basados en la “confianza” ciega es problemática y abogo, en cambio, por usos participativos de los minipúblicos que realmente empoderarían a la ciudadanía.

In her book A Duty to Resist, Candice Delmas defends the view that we are not only permitted to disobey gravely unjust laws, but we may have a duty to do so. Moreover, not only civil but also uncivil disobedience may be justified in such cases. To justify both claims she argues that the same principles that justify a duty to obey the law—such as the principle of fairness, Samaritan duty, and associative obligations—also justify a duty to disobey the law. The problem with this argumentative strategy is that it amounts to an attempt to derive the duty to disobey gravely unjust laws (or to resist them) from less stringent duties than the ones that can plausibly ground it. Against this strategy, I argue that the focus on laws that violate fundamental rights is what does all the normative work for justifying the duty to disobey/resist such laws, and the appeal to weaker principles is not only superfluous but also misleading. It has negative consequences for our understanding of what is owed to victims, in virtue of what, and by whom.

InA Theory of Justice, Rawls claims that “to each according to his threat advantage is not a conception of justice.” Although it may indeed seem intuitively plausible that a principle based on “threat advantage” cannot count as a principle of justice, it is an altogether different matter to explain why this is so. The question is especially pressing if one bears in mind that such a principle of bargaining in fact underlies many institutionally regulated interactions. Moreover, to the extent that morality is thought of as a mechanism for guaranteeing mutual advantage in the resolution of conflicts, it may indeed seem necessary that it reflect the bargaining power of the parties (in order to make sure that it is indeed advantageous for all of them). In fact, there is a prominent tradition of social-contract theories (from Hobbes to Gauthier) that work under this assumption and claim to provide an answer to what justice requires as much as Rawls's theory does. So seen, the burden of proof seems to fall rather on the shoulders of those committed to claim both that morality is a mechanism that works to the advantage of all and that it nevertheless requires neutralizing all differences in bargaining power.

ABSTRACT Pablo Gilabert's book Human Dignity and Human Rights offers a bold and fascinating account of the claim that human rights are grounded in human dignity. I am quite sympathetic to the dignitarian approach articulated in the book and agree with many of its argumentative goals. My critical comments are therefore lodged in the spirit of a family quarrel. I focus on three issues: the relationship between the humanistic and political perspectives on human rights (1), the suitability of the substantive account of human dignity offered in the book to function as the ground of human rights (2) and the plausibility of a sufficientarian interpretation of the aims of human rights practice (3).

In this essay, I address several questions and challenges brought about by the contributors to the special issue on my book Democracy without Shortcuts. In particular, I address some implications of my critique of deep pluralism; distinguish between three senses of ‘blind deference’: political, reflective, and informational; draw a critical parallelism between the populist conception of representation as embodiment and the conception of ‘citizen-representatives’ often ascribed to participants in deliberative minipublics; defend the democratic attractiveness of participatory uses over empowered uses of deliberative minipublics; clarify why accepting public reason constraints does not imply limiting deliberation to questions about constitutional rights, and argue that overcoming a state-centric conception of democracy does not require replacing the ‘all subjected’ principle with the ‘all affected’ principle.

In this essay, I address some questions and challenges brought about by Thomas Christiano in his inspiring review of my book Democracy without Shortcuts. First, I defend the democratic credentials of the conception of self-government that I articulate in the book against conceptions of self-determination that are allegedly compatible with non-democratic government. To do so, I clarify some aspects of the notion of “blind deference” that I use in the book as a contrast concept to identify a minimal, necessary condition for democratic self-government. In a second step, I clarify my criticism of deep pluralist conceptions of democracy and argue that Christiano’s own criticism does not seem to address the main challenge to which pure proceduralism is supposed to provide an answer. Lastly, I address Christiano’s contention that my criticism of lottocracy does not address the worries that lottocrats are responding to. I distinguish between populist and epistocratic worries and argue that both of them have anti-democratic roots and thus should be criticized rather than “responded to” in their own terms.

This book articulates a participatory conception of deliberative democracy that takes the democratic ideal of self-government seriously. It aims to improve citizens' democratic control and vindicate the value of citizens' participation against conceptions that threaten to undermine it. The book critically analyzes deep pluralist, epistocratic, and lottocratic conceptions of democracy. Their defenders propose various institutional ''shortcuts'' to help solve problems of democratic governance such as overcoming disagreements, citizens' political ignorance, or poor-quality deliberation. However, all these shortcut proposals require citizens to blindly defer to actors over whose decisions they cannot exercise control. Implementing such proposals would therefore undermine democracy. Moreover, it seems naive to assume that a community can reach better outcomes 'faster' if it bypasses the beliefs and attitudes of its citizens. Unfortunately, there are no 'shortcuts' to make a community better than its members. The only road to better outcomes is the long, participatory road that is taken when citizens forge a collective will by changing one another's hearts and minds. However difficult the process of justifying political decisions to one another may be, skipping it cannot get us any closer to the democratic ideal. Starting from this conviction, the book defends a conception of democracy ''without shortcuts''. This conception sheds new light on long-standing debates about the proper scope of public reason, the role of religion in politics, and the democratic legitimacy of judicial review. It also proposes new ways to unleash the democratic potential of institutional innovations such as deliberative minipublics.

In this essay I address the difficult question of how citizens with conflicting religious and secular views can fulfill the democratic obligation of justifying the imposition of coercive policies to others with reasons that they can also accept. After discussing the difficulties of proposals that either exclude religious beliefs from public deliberation or include them without any restrictions, I argue instead for a policy of mutual accountability that imposes the same deliberative rights and obligations on all democratic citizens. The main advantage of this proposal is that it recognizes the right of all democratic citizens to adopt their own cognitive stance in political deliberation in the public sphere without giving up on the democratic obligation to provide reasons acceptable to everyone to justify coercive policies with which all citizens must comply.

This book is one of the most comprehensive and detailed commentaries on both divisions of Heidegger’s Being and Time available in English. The chapters on division 1 were originally published in 1964 under the title Heidegger’s Philosophy: A Guide to His Basic Thought. The new edition prepared by John Llewelyn includes Magda King’s commentaries on division 2 of Being and Time, which are now published for the first time posthumously. The renderings of Heidegger’s German terms have also been revised to correspond to Joan Stambaugh’s new translation of Being and Time. In its new shape, this book is an excellent guide through Heidegger’s master work.

In a recent article Allan Buchanan and Robert Keohane defend the view that one of the necessary conditions for the legitimacy of global governance institutions such as the WTO and the IMF is that they respect basic human rights. I certainly agree that setting the minimal threshold of moral acceptability any lower would be entirely unreasonable. But, unfortunately, the view that global governance institutions have human rights obligations is far from uncontroversial. These institutions themselves go to great lengths to deny such a claim. Their official stance finds strong normative support in the state-centric conception of human rights that dominates both normative debates about human rights and current human rights practice. In this article I challenge some of the normative assumptions behind the state-centric conception in order to defend a pluralist conception that ascribes human rights obligations not only to states but also to non-state actors such as global governance institutions. After briefly analyzing some of the proposals currently under discussion about how to legally entrench the obligation to respect human rights in those institutions, I will defend the feasibility of those proposals against the objection that their implementation is incompatible with the current state-system and thus it would require the creation of a world state.

Este artículo analiza el impacto del giro lingüístico en la transformación de la concepción kantiana de los juicios sintéticos a priori. Se centra para ello en dos concepciones contemporáneas de los mismos, a saber, el a priori hermenéutico de Heidegger y el a priori contextual de Putnam, y saca a relucir expresamente tanto sus rasgos similares como sus importantes diferencias: mientras que la concepción heideggeriana mantiene el idealismo transcendental de Kant a través de la suposición hermenéutica de que el significado determina la referencia, la concepción de Putnam rompe por completo con la teoría kantiana de los juicios sintéticos a priori, según la cual éstos no pueden ser modificados por la sola experiencia, al tiempo que rechaza la suposición kantiana de que los juicios sintéticos a priori y aposteriori son dos clases permanentes de juicios. En contraste con Heidegger, Putnam es por eso capaz de mostrar que los juicios sintéticos apriori son modificables bajo condiciones especiales.

In this essay, I analyze the cosmopolitan project for a new international order that Habermas has articulated in recent publications. I argue that his presentation of the project oscillates between two models. The first is a very ambitious model for a future international order geared to fulfill the peace and human rights goals of the UN Charter. The second is a minimalist model, in which the obligation to protect human rights by the international community is circumscribed to the negative duty of preventing wars of aggression and massive human rights violations due to armed conflicts such as ethnic cleansing or genocide. According to this model, any more ambitious goals should be left to a global domestic politics, which would have to come about through negotiated compromises among domesticated major powers at the transnational level. I defend the ambitious model by arguing that there is no basis for drawing a normatively significant distinction between massive human rights violations due to armed conflicts and those due to regulations of the global economic order. I conclude that the cosmopolitan goals of the Habermasian project can only be achieved if the principles of transnational justice recognized by the international community are ambitious enough to cover economic justice.

The main thesis of this article consists in that the two concepts “reference” and “truth” have an ultimate realist sense of which all epistemologizing conceptions -like relativism and incommensurabilist theses- necessarily have to come short. The arguments for this thesis are embedded in a revision of the ‘direct’-reference-position as well as of recent arguments against epistemic notions of truth, to show in the next,evaluating step how it is exactly the realist kernel of both concepts that makes arguments as to the corrective function of both notions within epistemic practices possible. This nucleus of both notions, necessary for every intent to explain learning from experience, consists in the supposition of an objective world to which all speakers refer using the same concepts and which is represented by their statements. This supposition does not inevitably have to be interpreted as a metaphysical postulate of a world in itself, but can be seen, the author argues, as a necessary formal presupposition ofcommunication, which is mastered by the speakers themselves through their having learned to use desigantive expressions referentially as well as to use the true/false distinction in its normative bipolarity.

In this paper I analyze the tension between realism and antirealism at the basis of Kantian constructivism. This tension generates a conflictive account of the source of the validity of social norms. On the one hand, the claim to moral objectivity characteristic of Kantian moral theories makes the validity of norms depend on realist assumptions concerning the existence of shared fundamental interests among all rational human beings. I illustrate this claim through a comparison of the approaches of Rawls, Habermas and Scanlon. On the other hand, however, objections to moral realism motivate many Kantian constructivists to endorse the antirealist claim that reasonable agreement is the source of the validity of social norms. After analyzing the difficulties in the latter strategy, I try to show how a balance between the realist and antirealist elements of Kantian constructivism can be reached by drawing a sharper distinction between the justice and the legitimacy of social norms.

This essay focuses on recent proposals to confer decisional status upon deliberative minipublics such as citizen juries, Deliberative Polls, citizen’s assemblies, and so forth. Against such proposals, I argue that inserting deliberative minipublics into political decision-making processes would diminish the democratic legitimacy of the political system as a whole. This negative conclusion invites a question: which political uses of minipublics would yield genuinely democratic improvements? Drawing from a participatory conception of deliberative democracy, I propose several uses of minipublics that could enhance the democratic legitimacy of political decision-making in current societies.

In this essay I analyze some conceptual difficulties associated with the demand that global institutions be made more democratically accountable. In the absence of a world state, it may seem inconsistent to insist that global institutions be accountable to all those subject to their decisions while also insisting that the members of these institutions, as representatives of states, simultaneously remain accountable to the citizens of their own countries for the special responsibilities they have towards them. This difficulty seems insurmountable in light of the widespread acceptance of a state-centric conception of human rights, according to which states and only states bear primary responsibility for the protection of their citizens' rights. Against this conception, I argue that in light of the current structures of global governance the monistic ascription of human rights obligations to states is no longer plausible. Under current conditions, states are bound to fail in their ability to protect the human rights of their citizens whenever potential violations either stem from transnational regulations or are perpetrated by non-state actors. In order to show the plausibility of an alternative, pluralist conception of human rights obligations I turn to the current debate among scholars of international law regarding the human rights obligations of non-state actors. I document the various ways in which these obligations could be legally entrenched in global financial institutions such as the WTO, the IMF and the World Bank. These examples indicate feasible methods for strengthening the democratic accountability of these institutions while also respecting the accountability that participating member states owe to their own citizens. I conclude that, once the distinctions between the obligations to respect, protect and fulfill human rights are taken into account, no conceptual difficulty remains in holding states and non-state actors accountable for their respective human rights obligations.