Judges and Juries

One of the popular arguments for democracy as opposed to expert-driven, sophiarchist government is the notion that democracy is good for the same reasons that juries are good as opposed to judges. David Estlund makes just such an argument in Democratic Authority on the basis that all reasonable people can accept the jury model but not a system of judges due to uncertainty regarding the knowledge of the judges and that, by extension, all reasonable people can accept democracy but not government by experts. Today I aim to challenge this line of argument with a more critical examination of judges and juries and how we use them.

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Unreasonable People

Many of the popular theories of justice claim that all “reasonable people” in a given circumstance would rationally agree to them, and therefore they are just. Rawls, for instance, claims that all reasonable people can readily agree to Rawls’ principles of justice (in order of priority: everyone has as much liberty as possible without infringing on the liberty of others, all people have equal access to opportunities, and inequality is only justifiable provided that it benefits the worst off–“maximin”) because he thinks all reasonable people readily acknowledge that all people are free and equal. This leaves a question open–who are the unreasonable people? Racists, sexists, ethnocentric people, all of those are obviously unreasonable under this theory, but what about conservative theorists? Are they unreasonable, and, if so, what does that mean for theories of justice?

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Facebook: When Free Speech Costs Money

Very quietly, so quietly that it has almost gone without notice, Facebook has begun to charge its users to have their posts shown to more than a small percentage of their friends, fans, and subscribers. New posts on Facebook now come with a “promote” option, where you have the opportunity to pay Facebook money to ensure that your posts actually reach the people who have signed up to receive them. Facebook, famous for its promise that “it’s free, and always will be”, seems to have skirted this issue by charging not to be a user of Facebook, but to actually have your material seen by more than a tiny number of people. Do not mistake this post for a rant about Facebook however–though I myself am impacted (even as this blog has grown more popular over the last several months, the number of referrals from Facebook I receive has indeed dropped since I got the “promote” option), I am not here to trash Facebook but to point out what this move by Facebook more broadly represents–a move toward a fusion of free speech with income, and the debilitating effects this has on democracy.

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Democratic Illegitimacy

Democratic theorists are fond of saying that democracy has a unique claim to legitimacy because it is the only system of government that can be accepted by all reasonable people without qualifications. Today I will illustrate precisely what this argument says and then endeavour to kill it via a metaphor I call “Mount Democracy”.

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Freedom versus Voting

Often times freedom is viewed as good in itself. Why is it good to allow freedom of speech, freedom of expression, assembly, religion, autonomous decision making, that whole boatload of fun stuff? Generally the liberal response is to just assert that freedom is itself good for no other reason than it just is. The argument for freedom is too often made on the basis of self-evidence than on any sort of consequentialist grounds. We all believe freedom to be a good thing because we have all been brought up socially to believe that this is the case from childhood. Don’t mistake my aim–I am not going to claim that freedom is not a good thing. I am, however, going to claim that there is an external source from which the goodness of freedom derives, and that this external source provides some separation between voting and freedom that begins to show how we might have the latter without the former.

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