Liberals, Democrats and the Agenda of Politics

Democrats sometimes wonder why liberalism, as a theory which values choice, should seek to restrict democratic choices by limiting the political agenda. This article tries to answer this question by emphasizing a value which is common to liberal and democratic arguments: that as far as possible states should rest on persuasion rather than compulsion. On this basis, it is argued that personal and political choice situations are not analogous, that not all the arguments for personal freedom are exhausted by the arguments for fair democratic procedure, that it is not irrational to fear that one might be in an unpersuaded minority, and that even democratic political outcomes cannot be substituted for personal conclusions. Some democratic theories do not accept the value assumed here: but they pay too high a price.     

The British General Election of 2015 and the Rise of the Meritocracy

Many on the left hoped that the 2015 general election in Britain would prove a social democratic moment. Instead, it proved a nationalist moment, since the only parties radically to increase their vote were UKIP and the SNP. This mirrored trends on the Continent, where nationalist parties on the right and the left have been the beneficiaries of the financial collapse of 2008. These parties exploit a new social cleavage between those who benefit from globalisation and those left behind. The new parties exploit issues of identity rather than economics, and these issues—whether Britain remains in the European Union, whether mass immigration continues and whether Scotland remains in the United Kingdom—are likely to dominate the 2015 parliament.     

Abolishing the Death Penalty: An Untested Legal Argument

This paper supplies the logical and substantive framework for an untested challenge to the legality of the death penalty in the United States. As such, it yields a novel strategy for appellants and supporting amici seeking review of capital cases in the United States Supreme Court. With twin reliance on the right of the people to reparation for harm wrongly inflicted by others and their constitutional right to Due Process of Law under the Fourteenth Amendment, this paper advances the argument that the mere possibility of a wrongful execution yields an imperative for abolishment of capital punishment by the Court.