James Bohman

(1954 - 2021)

Although eighteenth-century Federalists, including James Madison, have been associated with the very contemporary idea of a transnational political order, the argument that the modern state with its centralised authority and supreme power poses a threat to liberty was already a subject of discussions during the period. The American Constitution was intended to establish a new political order, rather than a loose federation or an enlarged state. The Framers were not alone in their preoccupation with a transnational order; the German philosopher Immanuel Kant struggled with the same issues of liberty and security in his political essays. This chapter examines how Madison and Kant grapppled with the problem of transnational order in the context of democracy and republicanism. It looks at the issues addressed by Kant and Madison that are closely related to those discussed today, including diversity, popular sovereignty and political violence. The chapter suggests that Kant and Madison, along with many other republicans of the time, explored the idea of government without resorting to the models of small-scale, ancient republics.

It is a distinctive feature of the global political order that democracy is no longer confined to nation-states, characterized by extensive and overlapping constituencies. It is important to think of the significance of these developments for individuals’ self-determination, which may be undermined in different ways. Here it is argued that democracy must serve to delegate power to complex units of decision making which favour self-determination. Contestability is part of this form of self-determination, allowing forms of politics to emerge based on the democratic rights and powers of self-determining, non-dominated citizens.

As developed by Sabel, Dorf and Cohen, and John Dewey before them, democratic experimentalism is based on the premise that current democratic practices are no longer able to deal with central and pressing social and political problems. Beginning with the criticism of democracy as command and control, Dorf and Sabel show how current democratic practices are part of the problem rather than the solution. Even as democratic experimentalists have successfully explored democracy beyond the state in the European Union, I argue that they have not fully transnationalized democracy or fully appreciated “the new circumstances of politics.” With the emergence of pervasive forms of interdependence, Rousseau’s conception of democracy as self legislation is no longer adequate, despite its cogent normative assumptions. Instead, the new transnational circumstances of justice suggest a stronger conception of democracy as self determination. In order to minimize domination and maximize self determination, cross-cutting constituencies must achieve a shared democratic minimum, through which democracy may once again become a means to justice.

Deliberative democracy defends an ideal of equality as political efficacy. Jorge Valadez offers a defense of such an ideal given cultural pluralism of ethnopolitical groups. He develops an epistemological account of the fact of pluralism as entailing incommensurable conceptual frameworks. While his account goes a long way towards identifying the problems with neutrality and many other liberal solutions to the problem of pluralism, it is still too liberal in certain ways. First, he draws the limits of deliberation and political inclusion too narrowly, giving little role for the toleration of non-liberal groups and too great a role to autonomy in deliberation. Second, incommensurability overemphasizes the theoretical nature of cultural conflicts and the need for background agreements on certain political values and thus also underappreciates practical solutions that leave disagreements intact. Finally, the contemporary fact of pluralism is not limited to relations among distinct cultures in this way, but is far more multidimensional, given multiple political memberships and the mutual interdependence and intense interaction among widely dispersed groups.

Before launching into the précis of my book, let me first describe the state of democracy, as I see it, in order to discuss the motivations for writing a book about democracy across borders. It is the best of times and the worst of times. According to the current wisdom, we live in the golden age of democracy. In the absence of any viable alternative, liberal democracy is taken to be the only feasible formof democracy and goes unchallenged. Democracy is now recognized in international documents as ‘the best means to realize human rights,’ so that some now argue that international law, formerly unconcerned with internal affairs of states, establishes a ‘democratic entitlement.’1 At the same time, it is often claimed that democracy has never been weaker. It is increasingly unable to solve many collective problems and to gain legitimacy, thus leading to economic crisis, to the declining legitimacy of states in ever more numerous demands for succession, and to greater internal conflicts and even civil wars. As a result, some electoral and representative democracies increasingly cede many areas of social policy to delegated and increasingly non-democratic forms of authority. Possible responses to these facts lie between two extremes of a continuum. On the one hand, liberal nationalists call for the renewal of social consensus through a democratic ethos, and some participatory democrats demand decentralization into smaller units. On the other hand, cosmopolitans argue that only supranational levels of governance can solve the many collective action and coordination problems ranging from global warming to sustainable growth to grave human rights abuses and genocide. (Published: 5 February 2010) Citation: Ethics & Global Politics, Vol. 3, No. 1, 2010, pp. 111. DOI: 10.3402/egp.v3i1.4849