Explores the challenges facing democracies in the twenty-first century In Democratic Failure, Melissa Schwartzberg and Daniel Viehoff bring together a distinguished group of interdisciplinary scholars in political science, law, and philosophy to explore the key questions and challenges facing democracies, both in the past and present, around the world. In ten timely essays, contributors examine the fascinating, centuries-old question of whether or not democracy can ever fulfill the promise of its ideals. Together, they explore lessons from the history of democracy, various failures of democratic representation, and more. Ultimately, this latest installment of the NOMOS series provides thought-provoking insights into how we conceptualize, measure, and address democratic erosion in our present-day world.

Supermajority rules govern many features of our lives in common: from the selection of textbooks for our children's schools to residential covenants, from the policy choices of state and federal legislatures to constitutional amendments. It is usually assumed that these rules are not only normatively unproblematic but necessary to achieve the goals of institutional stability, consensus, and minority protections. In this book, Melissa Schwartzberg challenges the logic underlying the use of supermajority rule as an alternative to majority decision making. She traces the hidden history of supermajority decision making, which originally emerged as an alternative to unanimous rule, and highlights the tensions in the contemporary use of supermajority rules as an alternative to majority rule. Although supermajority rules ostensibly aim to reduce the purported risks associated with majority decision making, they do so at the cost of introducing new liabilities associated with the biased judgments they generate and secure.

A powerful case for why majority rule—not representation—is the defining feature of democratic politics The idea that democratic governance rests on active self-rule by citizens plays surprisingly little part in current theories of democracy, which instead stress the importance of representation by elected, appointed, or randomly selected bodies such as legislatures, courts, and juries. This would have astonished eighteenth-century theorists of democracy, who viewed universal suffrage and majoritarian voting as the sole criteria for democratic politics. Active and Passive Citizens defends the view of these earlier thinkers, asserting that individual agency is the very essence of democracy. In this provocative and lucidly argued book, Richard Tuck draws on the distinction made by the Abbé Sieyès, a leading political theorist of the French Revolution, between “active” citizens, the electorate, and “passive” citizens, those who are represented by the institutions of the state. Tuck traces our current representative view of democracy to Sieyès and contrasts him with Rousseau, a theorist of active self-rule by the people. Tuck argues that modern theories of democracy have effectively turned us into passive citizens and calls for a renewal of a majoritarian democracy that realizes the full potential of active citizenship. Based on the prestigious Tanner Lectures delivered at Princeton University’s Center for Human Values, Active and Passive Citizens is edited and introduced by Stephen Macedo and includes commentary by political theorists Simone Chambers, Joshua Cohen, John Ferejohn, and Melissa Schwartzberg.

Supermajority rules govern many features of our lives in common: from the selection of textbooks for our children's schools to residential covenants, from the policy choices of state and federal legislatures to constitutional amendments. It is usually assumed that these rules are not only normatively unproblematic but necessary to achieve the goals of institutional stability, consensus, and minority protections. In this book, Melissa Schwartzberg challenges the logic underlying the use of supermajority rule as an alternative to majority decision making. She traces the hidden history of supermajority decision making, which originally emerged as an alternative to unanimous rule, and highlights the tensions in the contemporary use of supermajority rules as an alternative to majority rule. Although supermajority rules ostensibly aim to reduce the purported risks associated with majority decision making, they do so at the cost of introducing new liabilities associated with the biased judgments they generate and secure.

Explores the challenges of governing in a post-truth world The relationship between truth and politics has rarely seemed more troubled, with misinformation on the rise, and the value of expertise in democratic decision-making increasingly being dismissed. In Truth and Evidence, the latest installment in the NOMOS series, Melissa Schwartzberg and Philip Kitcher bring together a distinguished group of interdisciplinary scholars in political science, law, and philosophy to explore the most pressing questions about the role of truth, evidence, and knowledge in government. In nine timely essays, contributors examine what constitutes political knowledge, who counts as an expert, how we should weigh evidence, and what can be done to address deep disinformation. Together, they address urgent questions such as what facts we require to confront challenges like COVID-19; what it means to #BelieveWomen; and how white supremacy shapes the law of evidence. Essential reading for our fraught political moment, Truth and Evidence considers the importance of truth in the face of widespread efforts to turn it into yet another tool of political power.

Features contributions that respond to deep challenges to social cohesion from racial injustice In the latest installment of the NOMOS series, a distinguished group of interdisciplinary scholars explore the erosion—and potential rebuilding—of civic bonds in response to injustice, wrongdoing, and betrayal. Contributors address the possibility of reconciliation and repair, drawing on cutting-edge insights from the fields of political science, philosophy, and law. Nine timely essays explore our pivotal moment in history, from the question of reparations for slavery to the from the art—and impact—of the public apology. The editors of this volume encourage us to not only examine the roots of mistrust, but also to imagine a collective way forward, particularly as we face the continuing threat of the COVID-19 pandemic. Reconciliation and Repair provides thought-provoking perspectives in an age where they are desperately needed.

Since ancient Athens, democrats have taken pride in their power and inclination to change their laws, yet they have also sought to counter this capacity by creating immutable laws. In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity. Against those who would defend the use of ??entrenchment clauses?? to protect key constitutional provisions from revision, Schwartzberg seeks to demonstrate historically the strategic and even unjust purposes unamendable laws have typically served, and to highlight the regrettable consequences that entrenchment may have for democracies today. Drawing on historical evidence, classical political thought, and contemporary constitutional and democratic theory, Democracy and Legal Change reexamines the relationship between democracy and the rule of law from a new, and often surprising, set of vantage points.

Since ancient Athens, democrats have taken pride in their power and inclination to change their laws, yet they have also sought to counter this capacity by creating immutable laws. In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity. Against those who would defend the use of 'entrenchment clauses' to protect key constitutional provisions from revision, Schwartzberg seeks to demonstrate historically the strategic and even unjust purposes unamendable laws have typically served, and to highlight the regrettable consequences that entrenchment may have for democracies today. Drawing on historical evidence, classical political theory, and contemporary constitutional and democratic theory, Democracy and Legal Change reexamines the relationship between democracy and the rule of law from a new, and often surprising, set of vantage points.

Essays on the justification, strategy, and limits of mass protests and political dissent In Protest and Dissent, the latest installment of the NOMOS series, distinguished scholars from the fields of political science, law, and philosophy provide a fresh, interdisciplinary perspective on the potential—and limits—of mass protest and disobedience in today’s age. Featuring ten timely essays, the contributors address a number of contemporary movements, from Black Lives Matter and the Women’s March, to Occupy Wall Street and Standing Rock. Ultimately, this volume challenges us to re-imagine the boundaries between civil and uncivil disagreement, political reform and radical transformation, and democratic ends and means. Protest and Dissent offers thought-provoking insights into a new era of political resistance.

An in-depth political, legal, and philosophical study into the implications of wealth inequality in modern societies. Wealth, and specifically its distribution, has been a topic of great debate in recent years. Calls for justice against corporations implicated in the 2008 financial crash; populist rallying against "the one percent"; distrust of the influence of wealthy donors on elections and policy-all of these issues have their roots in a larger discussion of how wealth operates in American economic and political life. In Wealth a distinguished interdisciplinary group of scholars in political science, law and philosophy address the complex set of questions that relate to economic wealth and its implications for social and political life in modern societies. The volume thus brings together a range of perspectives on wealth, inequality, capitalism, oligarchy, and democracy. The essays also cover a number of more specific topics including limitarianism, US Constitutional history, the wealth defense industry, slavery, and tax policy. Wealth offers analysis and prescription including original assessment of existing forms of economic wealth and creative policy responses for the negative implications of wealth inequality. Economic wealth and its distribution is a pressing issue and this latest installment in the NOMOS series offers new and thought provoking insights.

A distinguished group of scholars explore the moral values and political consequences of privatization The 21st century has seen a proliferation of privatization across industries in the United States, from security and the military to public transportation and infrastructure. In shifting control from the state to private actors, do we weaken or strengthen structures of governance? Do state-owned enterprises promise to be more equal and fair than their privately-owned rivals? What role can accountability measures play in mediating the effects of privatization; and what role does coercion play in the state governance and control? In this latest installment from the NOMOS series, an interdisciplinary group of distinguished scholars in political science, law, and philosophy examine the moral and political consequences of transferring state-provided or state-owned goods and services to the private sector. The essays consider how we should evaluate the decision to privatize, both with respect to the quality of outcomes that might be produced, and in terms of the effects of privatization on the core values underlying democratic decision-making. Privatization also affects the structure of governance in a variety of important ways, and these essays evaluate the consequences of privatization on the state. Privatization sheds new light on these highly salient questions of contemporary political life and institutional design.

Essays on the political, legal, and philosophical dimensions of political legitimacy Scholars, journalists, and politicians today worry that the world’s democracies are facing a crisis of legitimacy. Although there are key challenges facing democracy—including concerns about electoral interference, adherence to the rule of law, and the freedom of the press—it is not clear that these difficulties threaten political legitimacy. Such ambiguity derives in part from the contested nature of the concept of legitimacy, and from disagreements over how to measure it. This volume reflects the cutting edge of responses to these perennial questions, drawing, in the distinctive NOMOS fashion, from political science, philosophy, and law. Contributors address fundamental philosophical questions such as the nature of public reasons of authority, as well as urgent concerns about contemporary democracy, including whether “animus” matters for the legitimacy of President Trump’s travel ban, barring entry for nationals from six Muslim-majority nations, and the effect of fundamental transitions within the moral economy, such as the decline of labor unions. Featuring twelve essays from leading scholars, Political Legitimacy is an important and timely addition to the NOMOS series.

Jarrod Hayes explores why democracies tend not to use military force against each other. He argues that democratic identity the shared understanding within democracies of who we are and what we expect from each other makes it difficult for political leaders to construct external democracies as threats. At the same time, he finds that democratic identity enables political actors to construct external non-democracies as threats. To explore his argument, he looks at U.S. relations with two rising powers: India and China. Through his argument and case studies, Professor Hayes addresses not just the democratic peace but also the larger processes of threat construction in international security, the role of domestic institutions in international relations, and the possibility for conflict between the United States and the world's two most populous countries.