Online research in philosophy

For a state to be legitimate is for it to be permissible for the state to issue and enforce its commands (mostly laws), and for this to be permissible “owing to the process by which they were produced” (2).1 For a state to have authority is for it to have the power to morally require or forbid actions through commands, or the power to create duties (2).2 It seems that a state’s being democratic—in somewhat like the way in which the democracies we are familiar with are democratic—has something to do with its having both authority and legitimacy. But what, exactly? There is, after all, nothing obvious about the relation between democracy on the one hand and legitimacy and authority on the other. One may think that consent has something to do with it. But this would be wrong, because most of those supposedly under the authority of the state haven’t consented to anything of relevance (9). Implicit consent, if it is too implicit, so that the agent may not realize she is consenting, is no substitute for real consent, and if it is more explicit than that then, again, hardly anyone has consented to the state’s authority, not even in democracies (9). And most hypothetical consent theories fall prey to their own difficulties. So consent theory of the typical kind cannot ground political legitimacy and authority. (A very atypical kind of consent will nevertheless eventually emerge victorious.).

There is a growing literature under the banner of "deliberative democracy," and Paul Weithman suggests that much of it is based on, or at least implies, a critique of the kind of theory of justice pioneered by Rawls 1. The issue at stake is whether a democratic political theory can admit independent normative standards that apply to and constrain democratic decisions. A certain kind of critic thinks independent standards are anti-democratic. Weithman's defense of Rawlsian theory against this charge is, I believe, instructively mistaken. Rawlsian theory escapes the charge but not for Weithman's reasons. This dispute might reasonably hope to shed light on the interrelations not only between democracy and justice, but also between these and political legitimacy.

Th is paper investigates the epistemic powers of democratic institutions through an assessment of three epistemic models of democracy: the Condorcet Jury Th eorem, the Diversity Trumps Ability Th eorem, and Dewey's experimentalist model. Dewey's model is superior to the others in its ability to model the epistemic functions of three constitutive features of democracy: the epistemic diversity of participants, the interaction of voting with discussion, and feedback mechanisms such as periodic elections and protests. It views democracy as an institution for pooling widely distributed information about problems and policies of public interest by engaging the participation of epistemically diverse knowers. Democratic norms of free discourse, dissent, feedback, and accountability function to ensure collective, experimentallybased learning from the diverse experiences of diff erent knowers. I illustrate these points with a case study of community forestry groups in South Asia, whose epistemic powers have been hobbled by their suppression of women's participation.

How can democratic governments be relied upon to achieve adequate political knowledge when they turn over their authority to those of no epistemic distinction whatsoever? This deep and longstanding concern is one that any proponent of epistemic conceptions of democracy must take seriously. While Condorcetian responses have recently attracted substantial interest, they are largely undermined by a fundamental neglect of agenda-setting. I argue that the apparent intractability of the problem of epistemic adequacy in democracy stems in large part from a failure to appreciate the social character of political knowledge. A social point of view brings into focus a number of vital factors that bear on our understanding of democratic epistemology and our assessment of its prospects: the essential role of inclusive deliberation, the public's agenda-setting function, institutional provisions for policy feedback, the independence of expert communities, and the knowledge-pooling powers of markets.

Classical debates, recently rejoined, rage over the question of whether we want our political outcomes to be right or whether we want them to be fair. Democracy can be (and has been) justified in either way, or both at once. For epistemic democrats, the aim of democracy is to "track the truth."1 For them, democracy is more desirable than alternative forms of decision-making because, and insofar as, it does that. One democratic decision rule is more desirable than another according to that same standard, so far as epistemic democrats are concerned.2 For procedural democrats, the aim of democracy is instead to embody certain procedural virtues.3 Procedural democrats are divided among themselves over what those virtues might be, as well as over which procedures best embody them. But all procedural democrats agree on the one central point..

The papers published in this special issue can fairly be unified under the heading “Epistemic Democracy,” but there is more variety among them than this might indicate. They exhibit the broad range of ways in which epistemological considerations are figuring in contemporary philosophical discussions of democracy. The authors range from young and promising to established and distinguished. I'd like to introduce a few of the issues that run through the papers, sprinkling references to the actual papers along the way. From the beginning, democratic forms of government have included discussion and debate. In real life the value of democracy can hardly be separated from the value of free public discussion, prior to voting, about the issues and candidates. This is not to say that either the discussion or the vote have always been inspiring, but whatever value democracy is thought to have, it seems inseparable from public political discussion. One way of accounting for the value of the discussion is to suppose that voters exchange reasons (not always cooperatively) about what to do. Even a quick look at the content of political debate seems to confirm that it is mostly about which decision would be best for the country or city whose laws or leaders are in question.

An epistemic theory of democracy, I assume, is meant to provide on answer to the question of why democracy is desirable. It does so by trying to show how the democratic process can have epistemic value. I begin by describing a couple of examples of epistemic theories in the literature and bringing out what they presuppose. I then examine a particular type of theory, worked out most thoroughly by Joshua Cohen, which seems to imply that democracy has epistemic value. The key idea in this theory is that its conception of political right is itself a democratic conception – roughly, what is right is constituted by a consensus among ideal democratic agents. If democratic procedures are modeled on this conception of right, the theory proposes, the fact that we follow these procedures in decision-making will give us reason to believe that the outcomes are themselves right. I do not reject the democratic conception of the right, but I argue that the theory breaks down when we try to extend its conclusions to real-world democratic procedures. While it invites interesting speculation about possible reforms, it gives us little reason to accept the outcomes of actual democratic politics.

A conception of legitimacy is at the core of normative theories of democracy. Many different conceptions of legitimacy have been put forward, either explicitly or implicitly. In this article, I shall first provide a taxonomy of conceptions of legitimacy that can be identified in contemporary democratic theory. The taxonomy covers both aggregative and deliberative democracy. I then argue for a conception of democratic legitimacy that takes the epistemic dimension of public deliberation seriously. In contrast to standard interpretations of epistemic democracy, however, the conception I put forward avoids procedure-independent standards of correctness. Instead, it relies on a procedural social epistemology and defines legitimacy entirely in terms of the fairness of procedures. I call this conception of democratic legitimacy `Pure Epistemic Proceduralism'. I shall argue that it should be preferred over `Rational Epistemic Proceduralism', the conception of legitimacy that underlies the standard interpretation of epistemic democracy. Key Words: legitimacy • deliberative democracy • epistemic democracy • social epistemology.

In this paper I defend a pure proceduralist conception of legitimacy that applies to epistemic democracy. This conception, which I call pure epistemic proceduralism, does not depend on procedure-independent standards for good outcomes and relies on a proceduralist epistemology. It identifies a democratic decision as legitimate if it is the outcome of a process that satisfies certain conditions of political and epistemic fairness. My argument starts with a rejection of instrumentalism – the view that political equality is only instrumentally valuable. I reject instrumentalism on two grounds: (i) because it fails to respect reasonable value pluralism and to recognize the constitutive role of democratic procedures for legitimacy in pluralist societies, and (ii) because it neglects the constructive function of democratic decision-making. I then consider two alternatives to pure epistemic proceduralism: David Estlund's version of epistemic proceduralism and a Deweyan account of epistemic democracy. I argue that only pure epistemic proceduralism can make good on both shortcomings of instrumentalism, whereas each of the other two approaches only makes good on one and neglects the other.