Governments and social scientists are increasingly developing machine learning methods to automate the process of identifying terrorists in real-time and predict future attacks. However, current operationalizations of ‘terrorist’ in artificial intelligence are difficult to justify given three issues that remain neglected: insufficient construct legitimacy, insufficient criterion validity, and insufficient construct validity. I conclude that machine learning methods should be at most used for the identification of singular individuals deemed terrorists and not for identifying possible terrorists from some more general class, nor to predict terrorist attacks more broadly, given intolerably high risks that result from such approaches.

This essay explores what can be learned from understanding EU law as a language in the literary sense of being a set of resources for manifold ethical and political expression and social action. As a contribution to new methodological approaches to studying EU law, it will propose a method highlighting how EU law can be studied in such a way by paying attention to the various linguistic and structural features of a legal text while, at the same time, diversifying the rationales through which we understand and make sense of such textual features. The Sayn–Wittgenstein decision will serve as point of reference in order to illustrate the value-added of this new theoretical and methodological insight to understanding EU law. This essay will conclude that it is not only worth taking the language of EU law seriously because it allows us to ’see’ more in the law, but also because it enables us to elevate the deeper ideas about Europe to the surface of the language we use when writing and speaking about EU law and to thereby contribute to a more productive dialogue about the foundations and future of the EU polity.

John Stuart Mill is central to parallel debates in mainstream contemporary political epistemology and philosophy of federalism concerning the epistemic dimension(s) of legitimate authority. Many scholars invoke Mill to support epistemic arguments for democratic decision-making and decentralized federalism as a means of conferring democratic legitimacy. This article argues that Millian considerations instead provide reason to reject common epistemic arguments for decentralized federalism. Combining Mill's own insights about the epistemic costs of decentralization and recent work in philosophy, politics, and economics undermines purportedly Millian arguments for federalism focused on political experimentation, diversity and participation. Contrary to many interpretations, Millian considerations weaken, rather than strengthen, arguments for federalism. Any valid justification for federalism must instead rest on non-epistemic considerations. This conclusion is notable regardless of how one interprets Mill. But it also supports Mill's stated preference for local decisions subject to central oversight.

I argue that the use of elected political representatives undermines the political equality of citizens. Having elected representatives politically stand-in for individual constituents makes ordinary citizens the political inferiors of their representatives. This in turn creates democratically problematic social inequality between elected politicians and their constituents. I then offer an alternative to representative politicians that does not face the avatar of the people problem: representative mini-publics. Through these bodies, we can achieve a representative system without a class of political elites, where citizens share the responsibilities and powers of government as equals.

Les instruments auxquels un État peut avoir recours pour atténuer les risques que font peser les inégalités économiques sur la démocratie sont nombreux et peuvent prendre différentes formes. Dans cet article, nous cherchons à mettre en lumière la dimension normative des trois principaux instruments auxquels on a généralement recours pour mitiger l'influence de l'argent dans la compétition électorale, ainsi que le contexte dans lequel ils furent institués, remodelés – et parfois démantelés – au Canada. Ces trois mécanismes sont la limitation des dépenses électorales, le plafonnement des contributions privées et le financement public des partis. Il ne s'agit toutefois pas uniquement de décrire ces instruments, mais de réfléchir aux justifications normatives spécifiques à chacun, et d'en comprendre leur complémentarité. Plus largement, il s'agit d'offrir un cadre pour penser les enjeux de financement électoral en philosophie politique, un sujet trop souvent laissé dans l'ombre par la théorie démocratique.

In this introduction, I briefly summarize Sophia Moreau's Faces of Inequality. I situate her monograph within two highly contemporary bodies of literature — relational egalitarianism and discrimination theory — to show how it provides important insights for understanding both what it means to treat others as equals in society and how to define wrongful discrimination. Moreau's work on discrimination is of great relevance for philosophers and socio-legal theorists alike as the commentaries from the symposium contributors demonstrate, including Dale Smith, Pablo Gilabert, Andrea Sangiovanni, Daniel Viehoff, Jessica Eisen, Alysia Blackham, and Iyiola Solanke.

Elvira Basevich, Martin Sticker, and Helga Varden offered generative criticism of my monograph, Kant’s Theory of Labour. In this response, I explore how the resources they offer for thinking about gender, labour, and the state’s responsibility to ensure the material conditions of freedom can deepen both our attentiveness to patterns of systemic injustice in Kant’s political philosophy, and the resources Kant offers for addressing contemporary patterns of intersectional and material injustice.

Consequentialist theories of the behavioral state are largely grounded in satisfying self-interested preferences through policies that employ choice architecture and related strategies to encourage rational decision-making. Even when allowing for free choice, however, this stance tends to be characterized by a paternalistic ‘view from nowhere’ that may not fully accommodate a plurality of values. Alternative approaches such as contractarianism position policy in the context of marketplace exchange, bolstered by shared beliefs in the legitimacy of social institutions. Yet this view may not sufficiently consider issues of asymmetric access, or ideological frames that do not see these institutions as legitimate. To address these deficits, we propose the value of a dialogical approach to behavioral public policy that facilitates collaborative engagement and behavioral justice to redress asymmetries and inequities through a more discursive approach, which builds on practices employed by design for public policy. In so doing, this political theory suggests an actionable counterpoint to paternalistic and competition-based conceptions of the State to address frame plurality and increase the potential for system equity.

As law graduates wield significant influence in public life, law schools’ responsibility for cultivating students’ civic capacities and dispositions remains an important but often neglected project. Taking up this project, this article traces a thread of deliberative democratic aspirations within legal education scholarship and explores the potential of participation within law schools’ own political processes for realising these ideals. To do so, it examines law students’ experiences of an experiment with deliberative democracy’s leading institutional innovation – the deliberative mini-public – and demonstrates the ways in which participation fostered deliberative capacities, a more collective orientation, and increased confidence. Ultimately, the article illustrates the mutually reinforcing nature of civic and legal education, affirms law schools’ broader role within society and offers both theoretical and practical insights into the place of democratic innovation within the law school.

Fabienne Peter (2020) recently proposed a taxonomy of accounts of the meta-normative grounds of political legitimacy. In this article, I argue that there is an important distinction left out of that taxonomy that complicates the picture. This is the distinction between attitude-independent and attitude-dependent conceptions of normative truth. Through an examination of these conceptions of normative truth (and correlate interpretations of what counts as a normative reason) I argue that what Peter calls a fact-based conception of legitimacy may collapse into a will-based conception. Further, the distinction has important implications for what Peter calls the belief-based conception. Finally, I defend the will-based conception against Peter's arbitrariness objection through an examination of ideally coherent eccentrics.

This article investigates the structure of racialized conflict experience. Embarking from a conflict event in Ta-Nehisi Coates's autobiography Between the World and Me and contrasting the work of Maurice Merleau-Ponty and Alfred Schutz with insights from Black phenomenology, I argue that Coates's experience discloses conflictual, but intertwined, modes of being-in-the-world. Further, it presents an instantiation of a particular kind of conflict, i.e., corporeal conflict. Corporeal conflict applies whenever the body is politicized, i.e., when it becomes the marker for traits representative of a rival political group. Understood this way, racialized conflict is always political. I conclude the article with some remarks on the shortcomings of two dominant conflict theories in political philosophy and the potential for an alternative, phenomenological approach that enables new ways of engaging the other in conflict. The analysis is preceded by a meditation on the role of the White researcher in critical philosophy of race.

Every country must allocate final decision-making authority over different issues/subjects within its boundaries. Historically, many scholars working on this topic implicitly assumed that identifying the features providing entities with justified claims for authority and the entities possessing those features would also identify which groups should have which powers (or vice versa). However, many candidate allocative principles select multiple entities as candidates for some sub-state authority and yet fail to explain which powers each should possess. Further work must explain which groups should possess which powers when and what to do when two groups can make equally-valid authority claims using the same principle. Subsidiarity, the principle under which authority should presumptively belong to the entity representing those ‘most affected’ by its exercise and capable of addressing underlying problems, is one of the few principles focused on identifying which groups should have which powers. Unfortunately, subsidiarity alone does not provide guidance on many issues/subjects. Useful subsidiarity-related guidance relies on balancing underlying justificatory interests, which do the real allocative work. Another allocative principle remains necessary. A deflationary account of subsidiarity’s allocative potential nonetheless provides insights into how to articulate a new principle and accounts of subsidiarity that can fulfill other moral roles.