WWW.DIS.XLIBX.INFO
FREE ELECTRONIC LIBRARY - Thesis, dissertations, books
 
<< HOME
CONTACTS



Pages:     | 1 |   ...   | 2 | 3 || 5 | 6 |   ...   | 7 |

«Introduction Even though neither theoretical arguments nor historical evidence provide reasons to believe that the ideals of liberalism may be better ...»

-- [ Page 4 ] --

In this sense, Hayek notes (2002: 47), the liberal ideal of ‘the rule of law’ must be understood as ‘a rule for the legislator.’ (ibid.).38 The target of his objections is not the principle of the sovereignty of the people, understood as the principle “that whatever power there is should be in the hands of the people” (1979: 33). Rather, what he objects to is the “constructivist superstition of sovereignty” (ibid.), the belief that the representative legislature operating under majority rule should enjoy unlimited power.39 Democracy: Majority Rule and Citizen Sovereignty While he explicitly distinguishes between the “true content of the democratic ideal” (1979: 5) and “the particular institutions which have long been accepted as its embodiment” (ibid.: 1f.), Hayek is not entirely unambiguous about what he regards as part of the ‘true ideal’ and what as part of ‘the particular institutional embodiment’. In particular his comments on the status of the majority rule40 are somewhat ambiguous in this regard. In some of his comments on this issue he seems to imply that the majority principle is not an integral part of the democratic ideal itself, but a part of its institutional embodiment. This reading is suggested, for instance, when he notes that, by contrast to its “wider and vaguer” meaning the word “democracy” is also “used strictly to describe a method of government – namely majority rule” (1960: 103). By contrast, the opposite view, namely that majority is part of the core of the democratic ideal, seems to be implied when Hayek asserts: “If it could be justly contended that the existing institutions produce results which have been willed or approved by a majority, the believer in the basic principle of democracy would of course have to accept them” (1979: 4).41 In The Calculus of Consent (1962) James M. Buchanan and Gordon Tullock have detailed the reasons why, from an individualistic perspective, the majority principle should be regarded as a particular institutional implementation of the ideal of democracy, but must not be confused with the fundamental ideal itself. According to their argument, Hayek (1978c: 143): “Liberalism is thus incompatible with unlimited democracy, just as it is incompatible with all other forms of unlimited government. It presupposes the limitation of powers even of the representatives of the majority by requiring a commitment to principles … so as to effectively confine legislation.” – Cf. Hayek (1979: 101,103).

Cf. Hayek (1960: 103f.; 106f.; 1978b: 142f.) Hayek (1948: 29): “(D)emocracy is founded on the convention that the majority view decides on common action.” See also Hayek (1979: 6): “If all coercive power is to rest on the opinion of the majority, then it should also not extend further than the majority can genuinely agree.” in a free society, as in any association of free people, the majority rule cannot be regarded as an a priori legitimate or self-legitimizing decision rule. Rather, it must be regarded as a rule that can derive its legitimacy solely from the fact that the members-citizens of a polity or association voluntarily agree, explicitly or implicitly, to decide on their common affairs according to this rule.42 In other words, as an institutional feature of democracy the majority principle is indirectly legitimized by the more fundamental normative principle that, in associations of free individuals, voluntary consent among the participants is the ultimate source of legitimacy.

Implicit in Buchanan and Tullock’s “contractarian exercise of legitimization or justification for politics” (Buchanan and Congleton 1998: 18) is the concept of “politics as exchange.”43 This is the notion that, as in ordinary market exchange, it is the prospect of mutual gains that provides the rationale for free individuals to engage in collective political action and that, as in ordinary market exchange, voluntary agreement among the participants is the relevant test of mutual advantage.44 It is the voluntary exchange of commitments at the constitutional level that, in terms of the “politics as exchange” paradigm, provides legitimacy to the coercive elements that are necessarily present in collective political action.45 In essence, the exchange perspective on politics is equivalent to the notion of a democratic polity as a citizens’ co-operative, a notion that John Rawls (1971: 84) employs when he speaks of a democratic society “as a cooperative venture for mutual advantage.” In analogy to ordinary co-operative enterprises or voluntary associations, democratic polities are viewed as member-owned organizations. The

In their chapter on “A Generalized Economic Theory of Constitutions” Buchanan and Tullock (1962:

63-84) discuss the prudential reasons that members-citizens of polities or associations have for agreeing to adopt the majority rule.

Buchanan (1999c: 461): “Politics is a structure of complex exchange among individuals, a structure within which persons seek to secure collectively their own privately defined objectives that cannot be efficiently secured through simple market exchanges.” Buchanan and Tullock (1962: 19): “The market and the State are both devices through which cooperation is organized and made possible. … At base, political and collective action under the individualistic view of the State is much the same. Two or more individuals find it mutually advantageous to join forces to accomplish certain common purposes.” – Buchanan (1995/96: 260): “Normatively, the political structure should complement the market in the sense that the objective for its operation is the generation of results that are valued by citizens.” Buchanan (1999b: 389): “In agreeing to be governed, explicitly or implicitly, the individual exchanges his own liberty with others who similarly give up liberties in exchange for the benefits offered by a regime characterized by behavioral limits.” – Buchanan (1999c: 461): “Without some model of exchange, no coercion of the individual by the state is consistent with the individualistic value norm on which a liberal order is grounded.” citizens as members of the co-operative political enterprise jointly “own” the polity as a territorial organization. They are the “sovereigns” with whom the ultimate authority to decide on the polity’s affairs resides.46 To be sure, drawing an analogy between democratic polities and “ordinary” co-operative enterprises or voluntary associations is not meant to deny the differences that separate the two kinds of associations. Among the distinguishing features of polities is, in particular, the fact that they are territorial and intergenerational organizations. Their territorial nature means that exit is typically much more costly, compared to ordinary voluntary associations from which one can exit without the need to move into some other jurisdiction, with all the inconveniences that this involves. Because of the very significance of exit costs, a principal means for enhancing voluntariness in political constitutional choice is to adopt organizational methods, such as competitive federalism and subsidiarity that tend to facilitate the choice among alternative polities and to reduce exit costs. Polities are intergenerational associations in the sense that, by contrast to private voluntary associations, membership status is typically obtained by being “born into the polity” rather than by an explicit act of voluntary entry. While all members of private voluntary associations can justly be said to have, by the very fact of joining the association, expressed their voluntary agreement to its constitution, this can obviously not be supposed in the same way for citizensmembers.47 This does not alter the fact, however, that for a democratic polity no less than for any other co-operative enterprise the consent of its members is the crucial test for the ultimate legitimacy of its constitution, i.e. of the rules that determine how decisions on common affairs are to be made.48 It only means that the factual test of voluntariness is a Rawls (1999: 577) describes “democratic citizenship in a constitutional democracy” as “a relation of free and equal citizens who exercise ultimate political power as a collective body.” – In similar terms J.





Habermas (1996: 278) characterizes the democratic state as an “association of free and equal citizens (Assoziation freier und gleicher Rechtsgenossen)” and as “self-government of free and equal persons (Selbstherrschaft von Freien und Gleichen)” (ibid.: 290).

To the extent that exit options are available and not taken advantage of, the fact that a person remains within a polity may, though, be taken as an indicator of implicit agreement. There may, in fact, be good reasons for requiring citizens who acquired their membership status by birth to explicitly choose, even if only symbolically, at some age whether they wish to maintain their citizenship status, and thereby declare their consent to the polity’s constitution, or whether they wish to adopt a different status such as e.g. that of a ‘resident alien.’ V. Ostrom (1997: 280) points out that the American federalists in developing their covenantal concepts of a self-governing polity “drew on prior experiences in constituting free cities, monastic orders, religious congregations, merchant societies, craft guilds, associations among peasants, markets, and other patterns of human association.” more complex matter due to the particular characteristics of polities as human associations.

The view of the democratic state as a member-owned, co-operative enterprise or, in short, as a citizens’ co-operative49 allows for a clear distinction between, on the one hand, the issue of what must be regarded as the fundamental ideal of democracy, and, on the other hand, the issue of which procedural rules or “institutional embodiments” can be expected, under real-world constraints, to serve this ideal best. The fundamental ideal of democracy must surely be seen in the normative principle that a democratic polity, as “a cooperative venture for mutual advantage,” ought to serve its members common interests, i.e. the interests that all its members have in common. Accordingly, as a matter of principle, democratic politics should be organized in ways that best insure responsiveness to citizens’ common interests. This ideal can, I submit, properly be called citizen sovereignty. By contrast, identifying the specific set of institutions that are best suited to serve this ideal is a matter of prudence. Actual and potential alternative democratic constitutions can, as institutional embodiments of the ideal of citizen sovereignty, be compared in terms of how well they are suited to promote citizens’ common interests. In other words, they can be compared in terms of their capability to ensure, as far as this can be ensured at all at the level of collective decisionmaking, that only such decisions and actions are taken that serve the interests of all citizens, and that decisions and actions are prohibited that run counter to the interests of all or part of the citizenry.

In requiring that the ultimate source of democratic legitimacy must be located in citizens’ voluntary agreement to the polity’s constitution, the principle of citizen sovereignty implies, as a still more fundamental normative premise, the ideal of individual sovereignty, i.e. the tenet that the individuals are to be respected as the I have discussed the concept of the democratic state as a citizens’ co-operative – in German ‘Bürgergenossenschaft’ -- in more detail in Vanberg (2000: 267ff.). On the use of the term ‘Genossenschaft’ or ‘co-operative’ as label for a democratic community V.

Ostrom (1991: 10) notes:



Pages:     | 1 |   ...   | 2 | 3 || 5 | 6 |   ...   | 7 |


Similar works:

«Exhibit 4-1 Fish Passage Through Road Crossings Assessment Form This document is intended to provide general instructions and explanations for use of the accompanying fish passage through road crossings field data sheet. The data sheet was developed for collecting information required for assessment of fish passage through culverts on fish bearing streams, with the option of using the FishXing software as an analysis tool on culverts with an evaluation rating of Grey, or undeterminable. The...»

«SECURITIZATION AND ITS DISCONTENTS: THE DYNAMICS OF FINANCIAL PRODUCT DEVELOPMENT* Kenneth C. Kettering** Abstract: This paper takes as its point of departure the financing technique referred to as “securitization,” a close cousin of secured lending that has grown to enormous size since its origin more than two decades ago. The paper pursues two themes. One is a critique of the legal foundations of securitization, which includes a perspective on aspects of fraudulent transfer law that are...»

«Tradicionalismo y modernización. Las quintas portuguesas del partido de La Matanza Nº 134 Ada Svetlitza de Nemirovsky* Julio 2005 *Departamento de Investigación, Universidad de Belgrano.Para citar este documento: Svetlitza de Nemirovsky, Ada (2005). Tradicionalismo y modernización. Las quintas portuguesas del partido de La Matanza.Documento de Trabajo N° 134, Universidad de Belgrano. Disponible en la red: http://www.ub.edu.ar/investigaciones/dt_nuevos/134_nemirovsky.pdf 1 – Introducción...»

«revista de historia de la psicología © 2010: Publicacions de la Universitat de València 2010, vol. 31, núm. 1 (marzo)history are recurrently forgotten: The bubble of “epistemic markets” ISSN: 0211-0040 Why simple lessons from 81-94 Valencia (España). Why simple lessons from history are recurrently forgotten: The bubble of “epistemic markets”* Jaan Valsiner** Clark University (USA)*** Abstract History of psychology entails knowledge that is relevant for the future of the discipline...»

«The Concise History of the Crusades The Concise History of the Crusades Third Edition Thomas F. Madden ROWMAN & LITTLEFIELD Lanham • Boulder • New York • Toronto • Plymouth, UK Published by Rowman & Littlefield 4501 Forbes Boulevard, Suite 200, Lanham, Maryland 20706 www.rowman.com 10 Thornbury Road, Plymouth PL6 7PP, United Kingdom Distributed by National Book Network Copyright © 1999, 2006, 2013, 2014 by Rowman & Littlefield All rights reserved. No part of this book may be reproduced...»

«ARMY DOWNSIZING FOLLOWING WORLD WAR I, WORLD WAR II, VIETNAM, AND A COMPARISON TO RECENT ARMY DOWNSIZING A thesis presented to the Faculty of the U.S. Army Command and General Staff College in partial fulfillment of the requirements for the degree MASTER OF MILITARY ART AND SCIENCE Military History by GARRY L. THOMPSON, USA B.S., University of Rio Grande, Rio Grande, Ohio, 1989 Fort Leavenworth, Kansas Approved for public release; distribution is unlimited. Form Approved OMB No. REPORT...»

«Producer Study: Mark Ronson Mark Ronson’s production credits include Robbie Williams, Lily Allen, Bruno Mars, Christina Aguilera, Rufus Wainwright, Duran Duran, Adele, The Black Lips and, perhaps most famously, Amy Winehouse. He has also produced three solo albums as well as remixing Bob Dylan and a range of other artists (Discogs 2013). Ronson “rose through the ranks as a club deejay” (Massey 2009, p.310) in New York where he “began absorbing the sound and culture of hip-hop”....»

«2016 STUDENT CATALOG Revised: January 26, 2016 Page 0 Table of Contents General Information Our History: Mission Statement: Associated Agencies: State Licensing Disclaimer: Licensure Requirements: Completion, Licensure, and Placement Rates: Student Body Diversity: Career Opportunities: Potential Salary: General Policies School Calendar and Start Dates: Course Schedule: Holidays Observations: Constitution Day: Inclement Weather: Curriculum: Family Educational Rights and Privacy Act (FERPA):...»

«Cold Warrior Abroad: The Foreign Missions of Vice President Richard Nixon A Thesis Submitted to the College of Graduate Studies and Research In Partial Fulfillment of the Requirements For the Degree of Master of Arts In the Department of History University of Saskatchewan Saskatoon By Brenan R.R. Smith © Copyright Brenan Smith, September 2012. All rights reserved. PERMISSION TO USE In presenting this thesis in partial fulfillment of the requirements for a postgraduate degree from the...»

«MASTERS AND SERVANTS: THE HUDSON’S BAY COMPANY AND ITS PERSONNEL, 1668-1782 By Scott P. Stephen A Dissertation Submitted to the Faculty of Graduate Studies in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Department of History University of Manitoba Winnipeg, Manitoba © January 2006 i MASTERS AND SERVANTS: The Hudson’s Bay Company and its Personnel, 1668-1782 Editorial Note iii Acknowledgments iv List of Abbreviations v Abstract vi Ch. 1 Introduction: Early...»

«MARTHA S. JONES University of Michigan 2703 Haven Hall, 435 S. State Street Ann Arbor, Michigan 48109-1003 734 647-5421, msjonz@umich.edu EDUCATION COLUMBIA UNIVERSITY, New York, NY Ph.D. History 2001; M. Phil. History 1998; M.A. History 1997. CITY UNIVERSITY OF NEW YORK (CUNY) SCHOOL OF LAW, Queens, NY J.D. 1987. HUNTER COLLEGE, New York, NY B.A. 1984. HONORS AND AWARDS (selected) University of Michigan. Harold R. Johnson Diversity Service Award. 2011. Organization of American Historians....»

«Portland State University Study Guide Eurydice Written by: Sarah Ruhl Directed by: Karin Magaldi Prepared by Dramaturgs: Melissa Sondergeld & Corey McEuin Table Of Contents Synopsis of Eurydice pg. 3 Myth Explored pg. 5 Myth in Art, Literature, & Theatre pg. 7 Sarah Ruhl: The Playwright pg. 10 Sarah Ruhl: Exploration of Style pg. 13 Production History pg. 17 References pg. 18 Synopsis Unlike most plays that consist of three acts, Eurydice is divided between three movements,much like a piece of...»





 
<<  HOME   |    CONTACTS
2016 www.dis.xlibx.info - Thesis, dissertations, books

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.