From Liability Shields to Democratic Theory: What We Need from Tort Theory Now

In the United States, one startling response to COVID-19 has been a push for so-called “liability shields,” laws modifying tort doctrine so as to largely eliminate tort liability for negligently causing COVID-19. Though not enacted at the federal level, such changes have been adopted in numerous states. This article excavates and articulates the tort theory that lies behind this puzzlingly response to a pandemic. I call the theory “tort deflationism.” Grounded in modern American conservatism and with a doctrinal pedigree dating back to the 1970s, tort deflationism explains and justifies only minimal tort liability, out of deference to non-governmental actors – especially family, church, and business—and suspicion of government competence and power. Other tort theories should reckon with tort deflationism, and I discuss some challenges of doing so. The contest between tort deflationism and other theories speaks to ongoing debates about the legitimacy of law in pluralist democracies. I urge tort theorists to enter these debates and to consider their implications for tort law itself.

Exploring Citizen-Centric E-Government Using a Democratic Theories Framework

In this chapter, the authors draw on Scott's work on e-government and democratic theories to examine how governments engage their citizens online. The three theories they focus on—representative, pluralist, and direct—are the most prominent in the democratic theory literature. Using data from 200 U.S. local governments, the authors examine two research questions: What factors drive governments to employ each theory? Which theory predominates in the implementation of e-government? The assumption is that providing answers to these two questions will help set the stage for future research linking e-government and democratic theory. The authors also explore this theory in e-government amidst the rise of m-government, whereby users access e-government services via mobile devices. They suggest as well what governments can do to move forward with their e-government and m-government efforts based on these theories.

Contemporary Populist Representation and Its Implications for Democracy

This chapter aims to shed light on the connections between populism, democracy, and democratic theory by providing a theoretical assessment of contemporary populism and populist representation as an alternative form of political representation to party government or as a corrective of it. The chapter summarizes the conceptual background relating to democracies, populism, and contextual surroundings. Then, it proceeds to investigate how they relate to each other in present-day politics. The author argues that populism is a strategic political style that exploits the gap between the promise and the actual performance of democracies thus reflects on democratic reality. Hence, it embodies what realist democratic theory has argued for quite some time now about the nature of politics. Namely: voters are irrational, our notions of democracy are delusional and populist politicians seem to have realized it first..

Digital campaigning as a policy of democracy promotion: Applying deliberative theories of democracy to political parties

Today’s election campaigns are heavily data-driven. Despite the numerous skeptical voices questioning the compatibility of specific campaigning practices with fundamental principles of liberal democracies, there has to date been little comprehensive work in this area from the perspective of normative democratic theory. Our article addresses this gap by drawing on recent research on the normative theory of political parties in the field of deliberative democratic theory. The deliberative theories of democracy proposed by Habermas and Rawls contain structural elements of a normative theory of the political party: the special status of political parties as mediators between background culture and the political forum, between the political system and the public sphere, and between the individual and the state, confers on them a central position as actors in in the public use of reason and deliberation.We argue in this article for a view of digital campaigning as a policy of democracy promotion and for the proposition that, alongside other actors, political parties have a special responsibility in this regard. We point to the implications for the evaluation and design of digital political microtargeting that arise from the application of deliberative principles to political parties and consider the need they reveal for the ongoing development of detailed, nuanced normative theories of democracy.

Tragedy, Pluralism, Agonism: Ancient Greek Tragedy as a foundation for pluralist theory, with an application to pluralist agonism

<p>In Fifth Century B.C. Athens, the tragic playwrights took upon themselves the traditional mantle of poet-sage and responded to the cultural crisis of their time: the rupture within the Athenian mindset between on the one hand, an emergent Enlightenment-style discourse based on the juridico-political rationality of the democratic polis and on a confident assessment of the human condition, and on the other, the archaic discourse of myth and its “pessimism of strength”. Their plays held the two in an uneasy yet creative tension, projecting a pluralist ethos grounded in the assertion of the ambiguity and limits of the human condition. The thesis seeks to elaborate on the nature of this pre-philosophical ethos through the exploration of ancient Greek history and thought and the plays themselves. It delineates the expression in this ethos of a dual movement of problematisation and renewal: a critical, problematising, attitude towards both “rational” and “mythic” discourses, and in the space of thought created by this self-questioning, the elaboration of a minimalist platform for claim-making compatible with both the tragic onto-epistemology of limits and moderation and life in the democratic polis. This reading of the plays recognizes the problematisation of monistic claim-making in terms of truth, identity, values and politics. For instance, the playwrights call into question the archaic code of honour of the hero or the instrumental rationality adopted by some of their contemporary Athenian politicians: both systems of value are deemed too rigid and too simplistic to accord with the ambiguity and diversity of life in the city. It also outlines the values of moderation, reciprocity, and public-interestedness that are put forward by the tragedians as palliatives to the antagonism generated by monistic claim-making. These form a pluralist platform on which the democratic contest can be played out without reifying any singular and substantive account of politics, and with a lesser likelihood of dividing the city into factions that seek power at the expense of the city’s survival. The thesis then concludes with an application of the pluralist ethos of classical tragedy to a contemporary pluralist theory. By maintaining the tension between rationalist and mythic discourses, classical tragedy presents to Athenians a “constructive deconstruction” of their worldview. Tragedy’s pre-philosophical and pluralist ethos can underpin the democratic theory of “pluralist agonism”, helping it to navigate a course between modern foundationalist and anti-foundationalist philosophical ethos and their expressions in democratic theory: the liberal reification of constitutionalism and the democratic privileging of popular sovereignty.</p>

Tragedy, Pluralism, Agonism: Ancient Greek Tragedy as a foundation for pluralist theory, with an application to pluralist agonism

<p>In Fifth Century B.C. Athens, the tragic playwrights took upon themselves the traditional mantle of poet-sage and responded to the cultural crisis of their time: the rupture within the Athenian mindset between on the one hand, an emergent Enlightenment-style discourse based on the juridico-political rationality of the democratic polis and on a confident assessment of the human condition, and on the other, the archaic discourse of myth and its “pessimism of strength”. Their plays held the two in an uneasy yet creative tension, projecting a pluralist ethos grounded in the assertion of the ambiguity and limits of the human condition. The thesis seeks to elaborate on the nature of this pre-philosophical ethos through the exploration of ancient Greek history and thought and the plays themselves. It delineates the expression in this ethos of a dual movement of problematisation and renewal: a critical, problematising, attitude towards both “rational” and “mythic” discourses, and in the space of thought created by this self-questioning, the elaboration of a minimalist platform for claim-making compatible with both the tragic onto-epistemology of limits and moderation and life in the democratic polis. This reading of the plays recognizes the problematisation of monistic claim-making in terms of truth, identity, values and politics. For instance, the playwrights call into question the archaic code of honour of the hero or the instrumental rationality adopted by some of their contemporary Athenian politicians: both systems of value are deemed too rigid and too simplistic to accord with the ambiguity and diversity of life in the city. It also outlines the values of moderation, reciprocity, and public-interestedness that are put forward by the tragedians as palliatives to the antagonism generated by monistic claim-making. These form a pluralist platform on which the democratic contest can be played out without reifying any singular and substantive account of politics, and with a lesser likelihood of dividing the city into factions that seek power at the expense of the city’s survival. The thesis then concludes with an application of the pluralist ethos of classical tragedy to a contemporary pluralist theory. By maintaining the tension between rationalist and mythic discourses, classical tragedy presents to Athenians a “constructive deconstruction” of their worldview. Tragedy’s pre-philosophical and pluralist ethos can underpin the democratic theory of “pluralist agonism”, helping it to navigate a course between modern foundationalist and anti-foundationalist philosophical ethos and their expressions in democratic theory: the liberal reification of constitutionalism and the democratic privileging of popular sovereignty.</p>

Democracies in the Ethnosphere

Anthropology meets democratic theory in this conversation that explores indigeneity, diversity, and the potentialities of democratic practices as exist in the non-Western world. Wade Davis draws readers into the ethnosphere—the sum total of human knowledge and experience—to highlight the extinction events that are wiping out some half of human ethnic diversity. Gagnon worries over what is lost to how we can understand and practice democracy in this unprecedented, globally occurring, ethnocide.

The Marginalized Democracies of the World

This introductory article to Democratic Theory’s special issue on the marginalized democracies of the world begins by presenting the lexical method for understanding democracy. It is argued that the lexical method is better than the normative and analytical methods at finding democracies in the world. The argument then turns to demonstrating, mainly through computational research conducted within the Google Books catalog, that an empirically demonstrable imbalance exists between the democracies mentioned in the literature. The remainder of the argument is given to explaining the value of working to correct this imbalance, which comes in at least three guises: (1) studying marginalized democracies can increase our options for alternative democratic actions and democratic innovations; (2) it leads to a conservation and public outreach project, which is epitomized in an “encyclopedia of the democracies”; and (3) it advocates for a decolonization of democracies’ definitions and practices and decentering academic democratic theory.

Ordoliberal White Democracy, Elitism, and the Demos

Focusing on selected “Western” conceptions of democracy, we expose and normatively evaluate their conflictual meanings. We unpack the white democracy of prominent ordoliberal Wilhelm Röpke, which comprises an elitist bias against the demos, and we discuss different assessments of his 1964 apologia of Apartheid South Africa. Our critical-historical study of Röpke’s marginalized meaning of democracy traces a neglected anti-democratic continuity in his work that is to be contextualized within wider elitist (neo)liberal discourses: from his critique of Nazism in the 1930s to the defense of Apartheid in the 1960s. We provide an alternative, marginalized meaning of democracy that draws on Marxist political science. Such a meaning of democracy helps explain why liberal democratic theory is ill equipped to tackle anti-democratic tendencies re-emerging in liberal-democratic polities.

Revisiting the constructivist turn in political representation

In recent times, representation theory has become one of the most productive and interesting sub-fields in democratic theory. Arguably, the most important theoretical innovation are the so-called ‘constructivist’ approaches to political representation. These approaches play a central role in Creating Political Presence: The New Politics of Democratic Representation and The Constructivist Turn in Political Representation, two impressive volumes that take stock of the state of the art in representation theory. I discuss the two volumes by focusing on three broader and interconnected themes: the problem that constructivism is meant to respond to, the tendency of representation theorists to expand the possibilities of representation as broadly as possible, and the normative aspects of political representation and how constructivists deal with them.