The question of whether a closed border entry policy under the unilateral control of a democratic state is legitimate cannot be settled until we first know to whom the justification of a regime of control is owed. According to the state sovereignty view, the control of entry policy, including of movement, immigration, and naturalization, ought to be under the unilateral discretion of the state itself: justification for entry policy is owed solely to members. This position, however, is inconsistent with the democratic theory of popular sovereignty. Anyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries. Because the demos of democratic theory is in principle unbounded, the regime of boundary control must be democratically justified to foreigners as well as to citizens, in political institutions in which both foreigners and citizens can participate.
Cultural–nationalist and democratic theory both seek to legitimize political power via collective self-rule: Their principle of legitimacy refers right back to the very persons over whom political power is exercised. But such self-referential theories are incapable of jointly solving the distinct problems of legitimacy and boundaries, which they necessarily combine, once it is assumed that the self-ruling collectivity must be a prepolitical, in principle bounded, ground of legitimacy. Cultural nationalism claims that political power is legitimate insofar as it expresses the nation's prepolitical culture, but it cannot fix cultural–national boundaries prepolitically. Hence the collapse into ethnic nationalism. Traditional democratic theory claims that political power is ultimately legitimized prepolitically, but cannot itself legitimize the boundaries of the people. Hence the collapse into cultural nationalism. Only once we recognize that the demos is in principle unbounded, and abandon the quest for a prepolitical ground of legitimacy, can democratic theory fully avoid this collapse of demos into nation into ethnos. But such a theory departs radically from traditional theory.
T his paper subjects to critical analysis four common arguments in the sociopolitical theory literature supporting the cultural nationalist thesis that liberal democracy is viable only against the background of a single national public culture: the arguments that (1) social integration in a liberal democracy requires shared norms and beliefs (Schnapper); (2) the levels of trust that democratic politics requires can be attained only among conationals (Miller); (3) democratic deliberation requires communicational transparency, possible in turn only within a shared national public culture (Miller, Barry); and (4) the economic viability of specifically industrialized liberal democracies requires a single national culture (Gellner). I argue that all four arguments fail: At best, a shared cultural nation may reduce some of the costs liberal democratic societies must incur; at worst, cultural nationalist policies ironically undermine social integration. The failure of these cultural nationalist arguments clears the way for a normative theory of liberal democracy in multinational and postnational contexts.
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