James Bohman

(1954 - 2021)

Democracy and human rights have long been strongly connected in international covenants. In documents such as 1948 United Nations Universal Declaration of Human Rights and the 1966 International Covenant of Civil and Political Rights, democracy is justified both intrinsically in terms of popular sovereignty and instrumentally as the best way to “foster the full realization of all human rights.” Yet, even though they are human and thus universal rights, political rights are often surprisingly specific. In the Covenant, for example, “the right to take part in the conduct of public affairs” is equated with “the right to vote and to be elected.” More often then not, their realization is left to states and their constitutions, as for example in the European Convention for the Protection of Human Rights. Political rights have a “peculiar” status among enumerated human rights, and this difficulty has to do with deep assumptions about the nature and scope of democracy and political community that remain unexamined by the drafters of these important declarations.

. The paper discusses a needed double transformation of democracy, of its institutional form and its normative ideal, in three steps. First, the Author takes for granted that the empirical fact of the increasing scope and intensity of global interaction and interdependence are not sufficient to decide the issue between gradualists and transformationalists. Indeed, gradualists and transformationalists share an underlying conception that leads to a particular emphasis in modern theories on legal institutions. This same set of problems emerges in contemporary conceptions of cosmopolitan democracy, especially those formulated by Held and Habermas. Second, he considers the more decentered alternatives, which make contestation through global networks the central feature of democracy beyond the state. Third, he develops an alternative, plural, and decentered conception based on an account of democratization outside the nation state, not on a particular version of the democratic ideal.*

I argue that transnational democracy provides the basis for a solution to the problem of the “democratic circle”—that in order for democracy to promote justice, it must already be just—at the international level. Transnational democracy could be a means to global justice. First, I briefly recount my argument for the “democratic minimum.” This minimum is freedom from domination, understood in a very specific sense. Employing Hannah Arendt's conception of freedom as “the capacity to begin,” the form of nondomination sufficient for the democratic minimum is the capability to initiate deliberation and thus democratic decision-making processes. My point in developing this argument further concerns the political form of a transnational polity: its citizens enjoy the democratic minimum as members of variousdemoi. In the case of the European Union, this leads to a potential for democratic domination. I call this thedemoiproblem, a difficulty that holds for any multilevel polity, for bounded as well as transnational political communities. Second, I argue that such domination is overcome so long as the capacity to initiate deliberation is distributed among various units and various levels. The democratic minimum could fail to obtain not only because individuals or groups are dominated by nondemocratic means, but also because they are dominated democratically to the extent that the demos of one unit lacks the normative power to initiate deliberation and thus is subordinated to others.

It is often assumed that democracies can make good use of the epistemic benefi ts of diversity among their citizenry, but difficult to show why this is the case. In a deliberative democracy, epistemically relevant diversity has three aspects: the diversity of opinions, values, and perspectives. Deliberative democrats generally argue for an epistemic form of Rawls' difference principle: that good deliberative practice ought to maximize deliberative inputs, whatever they are, so as to benefi t all deliberators, including the least eff ective. The proper maximandum of such a principle is not the pool of reasons, but rather the availability of perspectives. Th is sort of diversity makes robustness across different perspectives the proper epistemic aim of deliberative processes. Robustness also offers a measure of success for those democratic practices of inquiry based on the deliberation of all citizens.