Francis Cheneval

The main aim of this final essay is to draw on the insights gathered in the Debate “Do Referendums Enhance or Threaten Democracy” to inform future normative and empirical discussions about the design of popular vote processes. We first offer some clarifications regarding three of the concerns raised by respondents about our introductory essay. We then propose a systematic classification of the lines of variation along which the design of popular vote processes usually varies. More precisely, we highlight nine lines of variation: trigger, origin of the text, legal basis, scope, trigger requirements, time, ballot, information, and decision rule. We conclude by emphasizing the relevance and necessity of debating the formal institutional design of popular vote processes.

Der Band beleuchtet Leibniz' Rechts- und Staatsphilosophie im Kontext seiner Metaphysik, Logik, Erkenntnistheorie und Moralphilosophie. Auch die Rezeption seiner Rechts- und Staatsphilosophie wird in den Beiträgen reflektiert. Gerade im Hinblick auf die aktuelle Diskussion um die politische Gestaltung Europas und die kosmopolitische Gestaltung der Globalisierung verdient seine Philosophie Aufmerksamkeit - nicht zuletzt auch auf Grund interner Spannungen, die das politische Selbstverständnis Europas bis heute kennzeichnen.

The present contribution defends that remittances should be taken into account and integrated into an ethical framework on migration. This main thesis is two-fold. First, we argue that if a normative approach to migration is to claim practical relevance, it should integrate remittances as a relevant empirical parameter into an ethical framework. The empirical assessment of the scientific evidence available on remittances therefore proves to be extremely important. Secondly, assuming that remittances have to be taken seriously, we consider their positive and negative impacts against two backgrounds. First, we emphasize the increased autonomy of persons who pull themselves and their dependents out of economic hardship. Second, affluent states who enable this process through their labor legislation contribute to the fulfillment of their duty of assistance. In this respect, our thesis is to claim that remittances should be considered as an amplifying factor for normative arguments in favor of a liberalization of labor migration. Remittances stand for a liberal way of fulfilling a responsibility to help, namely through the elimination of obstacles which in turn allow people to support themselves and lead an autonomous life.

Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An ownership regime that enables every citizen to hold a personal data account, like a bank account, and that gives people ownership rights over secondary use of personal data could correct these misallocations. I hope to shed new light on the normative implications of the issue by offering normative justifications for property rights of personal data (Sections 2–4). Secondly, I present fundamental goals and building blocks of a property regime of personal data (Section 5) and, thirdly, I illustrate how income from personal data ownership could for instance contribute to financing pensions under proper regulation (Section 6).

The present contribution defends that remittances should be taken into account and integrated into an ethical framework on migration. This main thesis is two-fold. First, we argue that if a normative approach to migration is to claim practical relevance, it should integrate remittances as a relevant empirical parameter into an ethical framework. The empirical assessment of the scientific evidence available on remittances therefore proves to be extremely important. Secondly, assuming that remittances have to be taken seriously, we consider their positive and negative impacts against two backgrounds. First, we emphasize the increased autonomy of persons who pull themselves and their dependents out of economic hardship. Second, affluent states who enable this process through their labor legislation contribute to the fulfillment of their duty of assistance. In this respect, our thesis is to claim that remittances should be considered as an amplifying factor for normative arguments in favor of a liberalization of labor migration. Remittances stand for a liberal way of fulfilling a responsibility to help, namely through the elimination of obstacles which in turn allow people to support themselves and lead an autonomous life.

Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An ownership regime that enables every citizen to hold a personal data account, like a bank account, and that gives people ownership rights over secondary use of personal data could correct these misallocations. I hope to shed new light on the normative implications of the issue by offering normative justifications for property rights of personal data (Sections 2–4). Secondly, I present fundamental goals and building blocks of a property regime of personal data (Section 5) and, thirdly, I illustrate how income from personal data ownership could for instance contribute to financing pensions under proper regulation (Section 6).

On the basis of a combined examination of normative claims and empirical evidence this paper discusses minimal criteria for the institutional design of referendums on EU‐internal issues. These criteria concern the mandatory (vs. optional), the simultaneous (vs. serial) and binding (vs. consultative) nature of referendums. The proposed criteria are demanding, both for the Member States and the European Union, but experiences show that the EU is in fact participating actively in EU‐issues referendums and Member States as well as the EU need to surpass the current arbitrary use of plebiscites by governments. On a broader scale the paper contributes to the insight that it might be time to fully address the use of direct democracy at the national and EU levels.

European Union citizenship is increasingly relevant in the context of both the refugee crisis and Brexit, yet the issue of citizenship is neither new nor unique to the EU. Using historical, political and sociological perspectives, the authors explore varied experiences of combining multiple identities into a single sense of citizenship.Cases are taken from Canada, Croatia, Czechia, Estonia, Spain, Switzerland and Turkey to assess the various experiences of communities being incorporated into one entity. The studies show that the EU has a comparatively large degree of diversity and complexity, with levels of integration achieved in a relatively short timeframe. Advisory models based on Canada and Switzerland allow for the EU integration processes to continue while protecting diversity and upholding common institutions. Citizenship in Segmented Societies will appeal to academics and students in the field of European and federalist studies with a focus on multiculturalism and linguistic pluralism, minority rights, and citizenship issues. It will also be of interest to those with a particular interest in historical and comparative analysis of the EU.

This chapter compares the institutional setting and integrations processes in Switzerland and the EU. The major findings are that EU integration is trying to achieve more political integration and accommodation of a much higher degree of diversity in much less time than has ever been the case in Switzerland. Integration and expansion processes that were slower and non-linear in Switzerland and that happened in separate phases (e.g. religious diversification, linguistic diversification, territorial expansion, etc.) are all going on at the same time in the EU. Especially integration and accession with enormous shocks of diversification are engineered at the same time in the EU. From this point of view, the EU has already tried to go beyond many stages that took centuries to be completed in Switzerland. The institutional design of the European Union seems to echo quite well the federal state formation process in Switzerland. The following precisions are however necessary in the comparative perspective. First, the momentary stage of European Integration, characterized by intergovernmental crisis management, resembles the (dysfunctional) intergovernmental centralism of the Swiss cantons during the decades before the formation of the federal-state in 1848. Second, due to the greater diversity of the European Union, this quasi-federal system has derived in extreme asymmetries between the member states. Since EU identity is not well entrenched among European citizens (and politicians), it has been hard to design institutions and policies of common territorial protection and redistribution and there is mistrust towards centralistic EU institutions (specially in the countries more affected by the economic crisis). Most European citizens do not feel that their interests are taken into account by the European Union. Third, it is important to note that in Swiss federalism the municipalities play an important role, they are much more than just administrative districts. This city-centred and bottom up construct of citizenship is guaranteed by the Swiss federal constitution. Citizens feel that their most immediate and local identity is not jeopardized but rooted in and guaranteed by the Swiss federal constitution. Compared to sub-national Swiss federalism, EU federalism is entirely focused on the nation-state and the EU institutions. Serious consideration ought to be given to the idea that European citizenship is not only about bringing citizenship to a higher European level but also about bringing it more to the root-level of citizenship: the city. Direct democracy has acted as a federator in the Swiss context. Switzerland made direct democracy and direct democracy made Switzerland. There has been a slow and iterative process of adaptation of structurally similar institutions of direct democracy at all levels (communal, cantonal, federal) of all units (all communes, all cantons, confederation roughly between 1830-1891. To the contrary, the EU is only incipiently in a process of introducing direct democracy (in some member-states and ECI), and so far direct democracy is mainly practiced as national plebiscitary democracy. Under this guise it is seen as a threat to EU integration and probably not without good reason. While in Switzerland the coherent introduction of direct democracy at all levels of the polity in the long run served as an important unifier, direct democracy has even not been considered as integrative part of all levels of political integration in the EU. It is of great interest that the one element in which the European Union has based the construction of EU citizenship and identity – mobility of residence – has been implicitly discouraged in Switzerland. The institutional design as incorporated in Swiss multicultural identity (which aims fundamentally at the protection of cantonal autonomy, culture and language) has facilitated that Switzerland is called today a successful multicultural society. Most citizens identify with Switzerland as a country and they like it as it is, but they do not want to take advantage of their formal right to move to other parts of the country, especially not across language borders. The same institutional design that has made of Switzerland a successful case of multiculturalism and democracy poses important barriers that make it difficult for the Swiss to move their residence across their country. Considering that one of the main features of European citizenship is the freedom of movement and residence, this poses a main concern. The Swiss compromise between the formal right and economic necessity of mobility on the one hand and the protection of political and cultural sub-identities on the other hand, is commuting. Due to the vast size, this is of limited applicability in the EU. However, in a Europe of cities and trans-border regions, commuting is an important option provided that every European citizen lives reasonably close to an important economic centre. In short, the Europe of commuters deserves attention in the context of EU citizenship.

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.

Les nouveaux et nombreux défis de la constellation " postnationale " rendent plus actuelle que jamais une ancienne idée philosophique : le cosmopolitisme. Dans ses variantes modernes, celui-ci pose l'autonomie de l'individu humain comme norme fondamentale de toute construction politique. Le cosmopolitisme représente donc une alternative aussi bien au nationalisme qu'à la théorie normative d'un monde multipolaire de confrontations entre empires. L'ouvrage montre que le cosmopolitisme peut être considéré comme une conséquence des principes de la philosophie politique moderne. Définissant les bases normatives de l'Etat-nation démocratique, elle comprend ce dernier comme une réalisation temporaire des principes cosmopolitiques et la nation comme une entité politique qui doit, graduellement, être intégrée dans une construction intergouvernementale et cosmopolitique. L'étude s'achève sur un aperçu du cosmopolitisme dans la philosophie politique actuelle. L'auteur propose un cosmopolitisme processuel qui défende une intégration graduelle, progressive et pragmatique vers la sécularisation du droit et de l'autonomie de l'individu par l'interconnexion d'institutions nationales, intergouvernementales et supranationales. La cité des peuples n'est donc pas l'anticipation normative d'un Etat mondial, mais la volonté d'un processus d'intégration différenciée entre les peuples démocratiquement constitués.