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

. 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.*

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

While Continental philosophers have had much to say about the nature of politics and about modern political institutions, they do not consider their task to provide the basis for evaluating policies or justifying institutions. Even if analytic philosophers no longer think of themselves as giving conceptual analyses of key political terms, they generally do what Continental philosophers do not: by elaborating systematic principles, their goal is precisely to provide the basis for “evaluating the strengths and weaknesses of political arguments”. If this is not what Continental philosophers do, what is their goal? Continental political theory has usually not been concerned with providing arguments which directly justify or criticize institutions or policies, so much as to expose and criticize the very presuppositions that characterize all peculiarly “modern” politics and social arrangements. The differences here are not so much in methodology, but in substantive, normative concerns.

Today democracy is both exalted as the "best means to realize human rights" and seen as weakened because of globalization and delegation of authority beyond the nation-state. In this provocative book, James Bohman argues that democracies face a period of renewal and transformation and that democracy itself needs redefinition according to a new transnational ideal. Democracy, he writes, should be rethought in the plural; it should no longer be understood as rule by the people, singular, with a specific territorial identification and connotation, but as rule by peoples, across national boundaries. Bohman shows that this new conception of transnational democracy requires reexamination of such fundamental ideas as the people, the public, citizenship, human rights, and federalism, and he argues that it offers a feasible approach to realizing democracy in a globalized world.In his account, Bohman establishes the conceptual foundations of transnational democracy by examining in detail current theories of democracy beyond the nation-state and offers a deliberative alternative. He considers the importance of communicative freedom in the transnational public sphere, human rights as the normative basis of transnational democracy, and the European Union as a transnational polity. Finally, he examines the relationship between peace and democracy, concluding that peace requires democratization on interacting state and suprastate levels

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.

The “ontological turn” is a recent movement within cultural anthropology. Its proponents want to move beyond a representationalist framework, where cultures are treated as systems of belief (concepts, etc.) that provide different perspectives on a single world. Authors who write in this vein move from talk of many cultures to many “worlds,” thus appearing to affirm a form of relativism. We argue that, unlike earlier forms of relativism, the ontological turn in anthropology is not only immune to the arguments of Donald Davidson’s “The Very Idea of a Conceptual Scheme,” but it affirms and develops the antirepresentationalist position of Davidson’s subsequent essays.

This article defends methodological and theoretical pluralism in the social sciences. While pluralistic, such a philosophy of social science is both pragmatic and normative. Only by facing the problems of such pluralism, including how to resolve the potential conflicts between various methods and theories, is it possible to discover appropriate criteria of adequacy for social scientific explanations and interpretations. So conceived, the social sciences do not give us fixed and universal features of the social world, but rather contribute to the task of improving upon our practical knowledge of on-going social life. After arguing for such a thorough-going pluralism based on the indeterminacy of social action, I defend it from the post-modern and hermeneutic objections by suggesting the possibility of an epistemology of interpretive social science as a form of practical knowledge.

The practice of confessing one's sexual sins has historically provided boys and men with mixed messages. Engaging in coercive sex is publicly condemned; yet it is treated as not significantly different from other transgressions that can be easily forgiven. We compare Catholic confessional practices to those of psychoanalytically oriented male writers on masculinity. We argue that the latter is no more justifiable than the former, and propose a progressive confessional mode for discussing male sexuality

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

This article argues that a theory of recognition cannot provide the comprehensive basis for a critical theory or a conception of social justice. In this respect, I agree with Fraser's impulse to include more in such a theory, such as distributive justice and participatory parity. Fraser does not go far enough, to the extent that methodologically she seeks a theory of the same sort as Honneth's. Both Honneth's and Fraser's comprehensive theories cannot account for a central phenomenon of contemporary societies: domination as structural exclusion rather than tyranny or the lack of parity. This phenomenon shows that at the very least freedom ought to remain central to any critical theory of globalization. Most of all, both theories fail to provide a way to decide whether democratic practices can produce justice. A pluralist and pragmatic form of critical theory is thus superior to any comprehensive normative theory.

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 European Union stands before a constitutional moment. While some deny the need for a constitution and others want a familiar federal form, I argue that one of the main goals of the constitutional convention ought to be to make the European Union more democratic. The central question is: what sort of democracy is suggested by some of the more novel aspects of European integration? This question demands a normative standard by which to evaluate the realization of democracy in transnational polities. Along republican lines, the proper standard is nondomination. With this normative framework in mind, the problem that the constitution has to solve is juridification, or the possibility of legal domination where there is no unified sovereignty. The solution to this problem of legal domination requires that the constitution institute a reflexive legal order best realized in a deliberative federalism appropriate to a polycentric and diverse polity. Finally, the institutions of this federalism ought also to be characterized through their distinctive form of inquiry, which, borrowing from Gerald Ruggie, I call ‘multiperspectival’. In a transnational polity with multiple demoi, such a democracy is best realized through dispersed and plural forms of authority and in a differentiated institutional structure anchored in a reflexive constitution.

The essays in this volume reflect on and expand Frankfurt School critical theory as reformulated after World War II by Karl-Otto Apel, Jürgen Habermas, and others. Frankfurt School critical theory since the pragmatic turn has become a richer source of critical analysis that is at the same time socially and politically more effective. The essays are dedicated to Thomas McCarthy, who has done perhaps more than any other scholar to introduce English-speaking audiences to contemporary German critical theory.The book is organized into three parts. Part one deals with social theory and the rational basis of communication, including basic issues raised by the pragmatic turn. Part two examines conceptions of autonomy and the self. Part three deals with political theory, focusing on problems stemming from sociocultural pluralism. Together, the essays provide an overview of the latest developments in Frankfurt School critical theory as it responds to the challenges of pragmatism and social pluralism