Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29
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Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29
Constituting the Polity, Constituting the DemosOn The Place of the All Affected Interests Principle in Democratic Theory and in Resolving the Democrat Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29ticBoundary ProblemDavid OwenPolitics and International Relations, University of Southampton, Southampton, UKAbstractThis essay considers the role of the 'all affected interests’ principle in democratic theory, focusing on debates concerning its form, substance and relationship to the resolution of Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29the democratic boundary problem. It begins by defending an 'all actually affected' formulation of the principle against Goodin's 'incoherence argumentConstituting_the_Polity-2C_Constituting_the_Demos_-282011-29
' critique of this formulation, before addressing issues concerning how to specify the choice set appropriate to the principle. Turning to the substanConstituting the Polity, Constituting the DemosOn The Place of the All Affected Interests Principle in Democratic Theory and in Resolving the Democrat Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29e as a criterion of democratic inclusion: the interlinked interests argument and the tracking power argument. It is shown that neither of thesearguments can substantiate a view of the principle as a criterion of democratic inclusion, although both ground a constitutional understanding of the princip Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29le as specifying the scope of a duty of justification. It is then proposed that the principle can play an important role in a two-stage resolution ofConstituting_the_Polity-2C_Constituting_the_Demos_-282011-29
the democratic boundary problem in which it addresses the question of who is entitled inclusion in the ‘pre-politicar demos that determines whether toConstituting the Polity, Constituting the DemosOn The Place of the All Affected Interests Principle in Democratic Theory and in Resolving the Democrat Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29he demos of a constituted polity and it is argued that a version of the 'all subjected persons' principle can appropriately play this role.Key wordsAll affected interests, all subjected persons, democracy, boundary problem, demos problem.Democracy may be understood, both descriptively and normativel Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29y, as a form of political governance, a way of making collectively binding decisions, in which 'the people' (considered collectively) governs itself tConstituting_the_Polity-2C_Constituting_the_Demos_-282011-29
hrough the entitlement of 'the people’ (considered severally) to participate as political equals in the decision-making process. But who legitimately Constituting the Polity, Constituting the DemosOn The Place of the All Affected Interests Principle in Democratic Theory and in Resolving the Democrat Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29mained largely unexplored in the canon of political theory.1 As Dahl famously remarks, 'how to decide who legitimately make up “the people" ... and hence are entitled to govern themselves ... is a problem almost totally neglected by all the great political philosophers who write about democracy.’2 T Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29he question itself generates a general paradox of founding for democracy in that any act of legitimate democratic constitution of 'the people' or ‘demConstituting_the_Polity-2C_Constituting_the_Demos_-282011-29
os' would itself already require a legitimately constituted 'people' or 'demos' to engage in that act -or, as the point has also been put:In democratiConstituting the Polity, Constituting the DemosOn The Place of the All Affected Interests Principle in Democratic Theory and in Resolving the Democrat Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29ces to show that the boundary problem is one matter of collective decision that cannot be decided democratically?This is a topic which has acquired a certain amount of prominence in current political theory, a development which can be seen against the backdrop of increasing attention to issues such Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29as secession, migration, global interdependence and democratic governance beyond the state which all intrinsically invoke the question of the legitimaConstituting_the_Polity-2C_Constituting_the_Demos_-282011-29
te constitution of the demos.It is in the context of this question that this essay addresses the role of the 'all affected interests' principle as theConstituting the Polity, Constituting the DemosOn The Place of the All Affected Interests Principle in Democratic Theory and in Resolving the Democrat Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29erests, power and democratic inclusion.4 This is not, however, to say that it is uncontested. On the contrary, there are several rival candidates within political theory for determining membership of the demos, most prominently, the 'all subjected persons' principle5 (which like the 'all affected in Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29terests' principle comes in several variants) but also the 'social membership' principle6, the 'stakeholder* principle7 and the 'constituted identitieConstituting_the_Polity-2C_Constituting_the_Demos_-282011-29
s’ principle8. The argument presented here will not attempt to provide a full consideration of the merits of all these various principles, rather it aConstituting the Polity, Constituting the DemosOn The Place of the All Affected Interests Principle in Democratic Theory and in Resolving the Democrat Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29ng this role with its role as grounding the claim that one has a right to have one's legitimate interests treated impartially when choices are made that affect those interests, before drawing out the implications of this argument for the role of the 'all affected interests’ principle in addressing t Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29he democratic boundary problem and proposing a two-stage solution to this problem.In order to make this argument, I begin by seeking to identify the mConstituting_the_Polity-2C_Constituting_the_Demos_-282011-29
ost defensible version of the ‘all affected interests' principle in relation to two axes: (a) actually or possibly affected interests and (b) actual oConstituting the Polity, Constituting the DemosOn The Place of the All Affected Interests Principle in Democratic Theory and in Resolving the Democrat Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29nd argue that his strategy fails. Thefollowing two sections focus closely on the intuitive grounds on which the appeal of the 'all affected interests' principle rests: (a) the idea of interlinked interests as grounding a claim to collective decision-making and (b) the idea that decision-making shoul Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29d track power relationships. In both cases, I show that these grounds are best understood in ways that do not support the 'all affected interests' priConstituting_the_Polity-2C_Constituting_the_Demos_-282011-29
nciple as a principle of democratic inclusion. In the final two sections, I consider what, if any, role the 'all affected interests' principle may legConstituting the Polity, Constituting the DemosOn The Place of the All Affected Interests Principle in Democratic Theory and in Resolving the Democrat Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29efore offering a solution to this problem though an account of the second stage needed for such a resolution.I. The 'All Actually Affected Interests' Principle and the Incoherence ArgumentThe standard 'actually affected' formulation of the all affected interests principle can be stated in its most g Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29eneral form thus:(P) All whose interests are actually affected by a decision should have their interests impartially taken into account in the decisioConstituting_the_Polity-2C_Constituting_the_Demos_-282011-29
n-making process.The principle as a criterion of democratic inclusion can then bestated thus:(Pd) All whose interests are actually affected by a decisConstituting the Polity, Constituting the DemosOn The Place of the All Affected Interests Principle in Democratic Theory and in Resolving the Democrat Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29d' formulation of the principle is incoherent. Assuming the default democratic interpretation of the principle, the incoherence argument is presented thus:Notice first that whose interests are “affected" by any actual decision depends on what the decision actually turns out to be. Notice second that Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29 what the decision actually turns out to be depends, in turn, upon who actually makes the decision.Hence the “all actually affected interests" principConstituting_the_Polity-2C_Constituting_the_Demos_-282011-29
le ... is unable to tell us who is entitled to vote on a decision until after that very decision has been decided.9Applying to (p) in its general formConstituting the Polity, Constituting the DemosOn The Place of the All Affected Interests Principle in Democratic Theory and in Resolving the Democrat Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29ally turns out to be depends, in turn, upon whose interests are impartially taken into account in the making of the decision.Hence,-3The "all actually affected interests" principle is unable to tell us whose interests are to be impartially taken into account in the making of the decision until after Constituting_the_Polity-2C_Constituting_the_Demos_-282011-29 that verydecision has been decided.Constituting the Polity, Constituting the DemosOn The Place of the All Affected Interests Principle in Democratic Theory and in Resolving the DemocratGọi ngay
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