Francis Cheneval

This special issue is motivated by the observation that conservatism plays a marginal role in contemporary philosophy even though it appears to be of considerable importance in moral, social, and political reality. One reason for this neglect is that defenders of conservatism have often refrained from articulating their arguments in a language that is acceptable to and understandable by analytically -trained philosophers. The contributions of this special issue show that conservatism can profitably be approached from the point of view of analytic philosophy. Many of them are indebted to Jerry Cohen’s (2012) seminal paper on conservative value, which develops a sophisticated justification of what Oakeshott (1991) called the disposition to be conservative.

The Eurozone crisis has brought the imperative of democratic autonomy within the EU to the forefront, a concern at the core of demoicratic theory. The article seeks to move the scholarship on demoicratic theory a step further by exploring what we call the social construction of demoicratic reality. While the EU’s legal-institutional infrastructure may imperfectly approximate a demoicratic structure, we need ask to what extent the ‘bare bones’ demoicratic character of a polity can actually be grounded in a full-flesh social construct that is or could be acted out in the democratic experience and the self-awareness of its peoples. Ultimately, such an enquiry should help us understand whether a polity like the EU is actually and potentially a stable or unstable political form. We develop a consistent theory of popular sovereignty drawing on John Searle and HLA Hart to conceive the constitutionalised people (dêmos) as a social fact and the sovereignty of the people as a status ascribed to the people. We use this construction of demoicratic reality as a conceptual framework to understand the possibility of popular sovereignty being exercised concurrently by several rather than just one dêmos.

The normative theory of multilateral democratic integration starts within the context of liberal peoples engaged in the common realization of rights, freedoms, and life chances for their citizens while seeking to preserve self-government and popular sovereignty. The point argued in the paper is that the fair terms of multilateral democratic integration must be determined by an integrated original position of citizen and people representatives choosing basic principles of liberal multilateralism. The proposal to merge the two Rawlsian original positions offers a political solution to the contrast between rival conceptions of grand universalism and national particularism. After a general discussion of the wider problematic and the original position, I explain the concept and the reality of multilateral democratic integration. In part three, I justify why citizen and people representatives ought to be seen as participants of the original position of multilateral democratic integration. I then assess the rational motives of both types of representatives and determine the veil of ignorance of the integrated original position. In section, the original position is applied to the test of several normative hypotheses prima facie considered as candidates for basic principles of multilateral democratic integration. These principles are not necessarily new, but they are principles which presumably apply to multilateral democratic integration as a specific political order and system of cooperation.

This article argues that obligatory, simultaneous, and simple Treaty ratification by referenda is the next step in the consolidation of the political core of European citizenship. In the first part, general remarks about the special nature of EU citizenship highlight the relevance of referenda on EU Treaties for EU citizenship. In the second part, the normative and empirical case in favour of direct democracy is put forward. It is followed by the assessment of direct democracy in European integration as we have known it so far. The practice is irreversible and gaining in momentum. But it is in need of substantial reform due to procedural dysfunctions and discriminatory consequences for the citizens. Section V relates this result to a legal analysis of EU citizenship. The suppression of the discriminatory consequences of the Treaty ratification procedure is necessary from a legal point of view, but it cannot be expected from the 'judicial incrementalism' that has characterised the development of EU citizenship regarding free movement and residence. In section VI, the conclusions of the previous sections are drawn into the final proposal of obligatory, simultaneous and simple Treaty reform by referenda in all Member States. At the end, five counter-arguments to the proposal are discussed.

In a ‘demoi-cracy’, separate statespeoples enter into a political arrangement and jointly exercise political authority. Its proper domain is a polity of democratic states with hierarchical, majoritarian features of policy-making, especially in value-laden redistributive and coercive policy areas, but without a unified political community (demos). In its vertical dimension, demoi-cracy is based on the equality and interaction of citizens’ and statespeoples’ representatives in the making of common policies. Horizontally, it seeks to balance equal transna- tional rights of citizens with national policy-making autonomy. The EU belongs to the domain of demoi-cracy and has established many of its features. We argue that both vertical and horizontal demoi-cratization have been triggered by processes of supranational integration in the European Union (EU). They differ, however, in the origins and the outcomes. Vertical demoi-cratization has initially been a reaction of parliamentary institutional actors to majoritarian decision-making in regulatory policy-areas, resulting in the empowerment of the European Parliament (EP) and the strengthening of parliamentary oversight at the national level. By contrast, hori- zontal demoi-cratization has been promoted by governments as an alternative to majoritarian and legally binding policy-making in core areas of statehood, as well as coercive and redistributive policy-areas; it has resulted in soft, co-ordinative forms of policy-making, seeking to protect national autonomy. The extent to which these developments actually meet the normative standards of demoi-cracy in practice, however, is mixed.

This article proposes the political organisation of interstate integration – characterised by functional differentiation and unbundled multi-level territoriality – as a political ideal type. The theoretical foundations and empirical conditions of this new form of political organisation are explored focussing on basic security threats, such as nuclear armament, transnational terrorism, and organised crime. The empirical conditions of multilateral democratic integration are not essentially different from the conditions of democratic state-building and not limited to Europe. The political reality of multilateral integration is often misperceived in political theory. This is due, either to the uncritical presupposition of a traditional political ontology, defined by an essentialist understanding of the unitary state; or by an apolitical discourse on flows and scapes that loses sight of the specific features of political authority in the postnational realm.

The debate on the European Union's democratic deficit usually operates within a national-democratic framework of analysis. This article argues for a change in methodology. It follows the thesis that the EU is a ‘demoicracy’– a polity of multiple demoi– and has to be evaluated as such. Core principles of demoicracy are developed and the EU is assessed accordingly. Such an evaluation is not only more adequate, but also provides original insights: it is found that, whereas the constitutional development of the EU has approached demoicratic standards in general, major deficits remain at the national level.

In dieser Schrift begründet Dante die Priorität der Volks- und Muttersprache vor der lateinischen Gelehrtensprache und fordert eine italienische Hochsprache. Er untermauert seine Ausführungen durch eine anthropologische Erörterung der menschlichen Sprachfähigkeit. Dank einer originellen Interpretation des biblischen Mythos vom Turmbau von Babel legt er eine vernünftig begründete Neubewertung der Vielfalt und der historischen Entwicklung der Sprachen vor. Das Problem der Sprache stellt sich im Denken Dantes in zweifacher Weise: als Problem der Sprache der Philosophie und unter dem Gesichtspunkt der Philosophie der Sprache. In "De vulgari eloquentia" bietet Dante ein ganzes Arsenal metaphysischer Paradigmen auf, um der sprachlichen Verständigung der Menschen eine unvordenkliche Dignität zu geben. Er stellt die gesamte Philosophie in den Dienst des Menschen als sprechendes Wesen. Auch wenn Dante die Doppelbestimmung der Sprache als sinnliches Zeichen, das den Gedanken des einen Menschen einem andern zu vermitteln fähig ist, von der Tradition übernimmt, setzt er andere Akzente. Die Sprache der Menschen ist nicht nur eine im Vergleich zur Transparenz der reinen Geister unvollkommenere Form der Kommunikation, sondern sie wird positiv als die dem Menschen gänzlich angemessene und entsprechende Form der Kommunikation interpretiert: Das Sprechen ist der "herausragende Akt des menschlichen Geschlechts". Mit dem Erscheinen von "De vulgari eloquentia" liegt die vierbändige Ausgabe der Philosophischen Werke Dante Alighieris vollständig vor. Bislang erschienen Bd. 1: Das Schreiben an Cangrande (PhB 463) Bd. 2: Disputation über das Wasser und die Erde (PhB 464) Bd. 4: Das Gastmahl I-IV (PhB 466a-d)

Globalization stands for systemic integration, mainly economical and technological. It is related to the expansion of the free market economy, trade, and the global integration of systems of communication and information technology. As such, globalization co-exists with strong cultural affirmations of individual and collective difference and with political fragmentation. Cosmopolitanism needs to take into consideration cultural and political conditions of human existence. The cosmopolitan imperative to form a political community beyond the nation state is a process-guiding principle or regulative ideal, not an institutional blueprint. Cosmopolitanism needs to stress the voluntary character of integration among self-governed peoples who are willing to enhance the transnational rights and freedoms of their citizens while accepting institutional constraints.

The Eurozone crisis has brought the imperative of democratic autonomy within the EU to the forefront, a concern at the core of demoicratic theory. The article seeks to move the scholarship on demoicratic theory a step further by exploring what we call the social construction of demoicratic reality. While the EU’s legal-institutional infrastructure may imperfectly approximate a demoicratic structure, we need ask to what extent the ‘bare bones’ demoicratic character of a polity can actually be grounded in a full-flesh social construct that is or could be acted out in the democratic experience and the self-awareness of its peoples. Ultimately, such an enquiry should help us understand whether a polity like the EU is actually and potentially a stable or unstable political form. We develop a consistent theory of popular sovereignty drawing on John Searle and HLA Hart to conceive the constitutionalised people as a social fact and the sovereignty of the people as a status ascribed to the people. We use this construction of demoicratic reality as a conceptual framework to understand the possibility of popular sovereignty being exercised concurrently by several rather than just one dêmos.