Democratic Representation as Duty Delegation

Proceedings of the American Philosophical Association (2022)

UCLA School of Law, Public Law Research Paper No. 22-32

28 Pages Posted: 12 Dec 2022 Last revised: 9 Jan 2023

See all articles by Seana Shiffrin

Seana Shiffrin

University of California, Los Angeles (UCLA) - School of Law

Date Written: December 9, 2022

Abstract

In the summer of 2021, when discussing vaccine distribution and how to weigh international need against domestic interests, one of my colleagues eloquently articulated a common view about the obligations of our political representatives. I quote him with permission. As he wrote, [T]he job of the US government is to use US resources and US tax revenues to help US citizens (and to a large extent US residents) first. Helping foreigners is nice— to the extent it doesn’t interfere with our own ability to help our own. Indeed, my view is that it would be deeply unethical for our public servants (who are not the public servants of foreign countries) to do otherwise. This is of course our normal ethical judgment as to policy decisions.

I think this common position is mistaken, but it is entirely understandable if one holds a familiar view of political representation as the implementation, in collective settings, of our rights of self-determination conceived in terms of the pursuit of our interests. On this view, we the people enable our political representatives to pursue our interests by largely transferring our rights of self-determination to them. Their remit is then limited by the circumference of our interests. As a consequence of this view’s popularity, our political discussions of foreign aid are morally contorted by discussions of whether saving foreign nationals’ lives would ultimately benefit US citizens, making the wrong considerations primary and often exclusive.

Keywords: Jurisprudence, Law & Humanities

Suggested Citation

Shiffrin, Seana, Democratic Representation as Duty Delegation (December 9, 2022). Proceedings of the American Philosophical Association (2022), UCLA School of Law, Public Law Research Paper No. 22-32, Available at SSRN: https://ssrn.com/abstract=4298743

Seana Shiffrin (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
119
Abstract Views
560
Rank
539,890
PlumX Metrics