Reasonable Acceptability and Democratic Legitimacy: Estlund’s Qualified Acceptability Requirement

Abstract

In his recent book, David Estlund argues that democratic states can be legitimate while epistocracy cannot be legitimate. His argument rests on his “Qualified Acceptability Requirement,” according to which a state is legitimate only if its coercive enforcement of law can be justified on a basis that is acceptable to all possible qualified points of view. This principle may seem to express a Rawlsian liberal ideal, but I claim it is undermined by Rawlsian arguments. I argue that Estlund’s position faces a dilemma. I discuss objections grounded in the notions of truth, consent, and reasonableness. I conclude that Estlund’s Requirement is untenable.