Francis Cheneval

The article argues that Rawls’s property-owning democracy should not be understood as a necessary standard of democratic legitimacy. This position contradicts Rawls’s own understanding to some extent, but a rejoinder with elements of political liberalism is possible. He concedes that justice as fairness is a ‘comprehensive liberal doctrine’ and that a well ordered society affirming such a doctrine ‘contradicts reasonable pluralism’. Rawls makes clear that reasonable pluralism in combination with the burdens of judgment lead to rare unanimity in political life and to the necessity of majority and plurality voting procedures

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.

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.

This article studies the reception of Christian Wolff's theory of the civitas maxima by Hermann Friedrich Kahrel (1719-1787) and Michael Hanov (1695-1773). According to his previous work mentioned in the article (n. 2), the author considers the concept of civitas maxima as a methodological innovation. It is the normative fiction of a presumed rational consensus of mankind and of the states. As the article tries to show, this concept was misunderstood, not only by the enemies of Wolff but also by his followers. Kahrel considered the consensus of mankind and of the states a tacit factual consensus. The innovative idea of a presumed normative consensus was thereby lost. Hanov interpreted the civitas maxima as a civitas dei in the sense of Leibniz. He transformed the normative idea of a presumed consensus into a fact of metaphysics and natural theology. Nevertheless, he introduced a diachrone dimension into the concept of civitas maxima which he sees as an infinite sequence of all generations of mankind. This anticipates Kant's integration of cosmopolitanism in a certain concept of history. Kahrel and Hanov however misconceived Wolff's idea of a normative fiction of reason by its reduction to a factual reality, be it natural or metaphysical. They thereby are representative for a common misunderstanding of Wolff's theory that also leads to an inadequate critique