James Bohman

(1954 - 2021)

It is a special privilege for me to have my book, Democracy across borders, discussed by insightful critics, all of whom in one way or another have contributed to emerging thinking about democracy, globalization, and international institutions. But it is also a privilege to have it discussed in this particular journal, which I see as a very good example of a transnational (rather than international) space for reflection and communication on matters of global politics. It is transnational, at least in part; not just because of what is discussed here, but also because of the norms that underlie its public form of communication: the norm of open access by which some of the barriers for the exercise of communicative freedom across borders are removed. Such communicative spaces did not exist even 10 years ago, although some people were already attempting to find new ways to realize communicative freedom. Other scholars may have objected that scholarly discussion should not be conducted this way, that it violated established norms of the profession and would always be marginal. However, those making such objections realized that the idea of open access would be potentially transformative, allowing the emergence of new publics and creating a dynamic process by which the norms of communicative freedom would be realized and strengthened by new institutions. Such a process might be described as transnationalization, a process that fills out the communicative infrastructure on which novel publics are based and through which they can reconstitute themselves for a variety of political purposes. (Published: 5 February 2010) Citation: Ethics & Global Politics, Vol. 3, No. 1, 2010, pp. 71-84. DOI: 10.3402/egp.v3i1.4855

For Kant and many modern cosmopolitans, establishing the rule of law provides the chief mechanism for achieving a just global order. Yet, as Hart and Rawls have argued, the rule of law, as it is commonly understood, is quite consistent with “great iniquities.” This criticism does not apply to a sufficiently robust, republican conception of the rule of law, which attributes a basic legal status to all persons. Accordingly, the pervasiveness of dominated persons without legal status is a a fundamental violation of the rule of law. This legal status can be understood in Kant's sense as an original “right to freedom,” one that is not derived from or acquired by membership in a community or from citizenship. The realization of this kind of legal status can already be found in the “cosmopolitan constitutions” of many democracies, which include rights of persons (and not just citizens) to habeas corpus and other statuses that protect those vulnerable to domination. In order that all persons have the appropriate institutional space within which to exercise the powers of persons to address and make claims, institutions such as human rights courts to which those who lack legal status can appeal and be recognized are necessary for a form of the rule of law that is adequate to current circumstances.

A hallmark of recent critical social science has been the commitment to methodological and theoretical pluralism. Habermas and others have argued that diverse theoretical and empirical approaches are needed to support informed social criticism. However, an unresolved tension remains in the epistemology of critical social science: the tension between the epistemic advantages of a single comprehensive theoretical framework and those of methodological and theoretical pluralism. By shifting the grounds of the debate in a way suggested by Dewey's pragmatism, the author argues that a thoroughgoing pluralism strengthens, rather than weakens, both the social scientific and political aims of critical social science. Not only does pragmatism offer a plausible interpretation of the epistemic pluralism of the social sciences, but it also provides a way of thinking about their fundamentally practical and political character. With a better normative vocabulary with which to discuss the epistemological issues of such a pluralistic mode of inquiry, the democratic role of critical inquiry and its specifically practical form of verification can be clarified.

With her conception of epistemic injustice, Miranda Fricker has opened up new normative dimensions for epistemology; that is, the injustice of denying one?s status as a knower. While her analysis of the remedies for such injustices focuses on the epistemic virtues of agents, I argue for the normative superiority of adapting a broadly republican conception of epistemic injustice. This argument for a republican epistemology has three steps. First, I focus on methodological and explanatory issues of identifying epistemic injustice and argue, against Fricker, that identity prejudice fails to provide a sufficient explanatory basis for the spread and maintenance of such systematic epistemic injustice. Second, this systemic basis can be found not so much in the psychological attitudes of individual knowers, but in the relations of domination among groups and individuals in a society. Third, if such a presence of domination plays a primary explanatory role in all forms of epistemic injustice, it is likely that those who suffer from epistemic injustice will also suffer other forms of injustice and loss of status via the exercise of other forms of power and exclusion.