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- F. C. (2002). Deliberative Democracy and Constitutional Review. Law and Philosophy 21 (s 4-5):467-542.
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Taken as a model for how groups should make collective judgments and decisions, the ideal of deliberative democracy is inherently ambiguous. Consider the idealised case where it is agreed on all sides that a certain conclusion should be endorsed if and only if certain premises are admitted. Does deliberative democracy recommend that members of the group debate the premises and then individually vote, in the light of that debate, on whether or not to support the conclusion? Or does it recommend that members individually vote on the premises, and then let their commitment to the conclusion be settled by whether or not the group endorses the required premises? Is deliberative democracy to enforce the discipline of reason at the individual level, as in the first possibility, or at the collective level, as in the second?
For contemporary democratic theorists, democracy is largely a matter of deliberation. But the recent rise of deliberative democracy (in practice as well as theory) coincided with ever more prominent identity politics, sometimes in murderous form in deeply divided societies. This essay considers how deliberative democracy can process the toughest issues concerning mutually contradictory assertions of identity. After considering the alternative answers provided by agonists and consociational democrats, the author makes the case for a power-sharing state with attenuated sovereignty and a more engaged deliberative politics in a public sphere that is semidetached from the state and situated transnationally.
No categories
In this article I argue for a model of Deweyan 'critical pragmatism' as a therapeutic alternative to traditional models of deliberative democracy that have been crippled by their inheritance of the threadbare liberal/communitarian debate. By orienting my discussion here with respect to the most serious radical democratic challenges to deliberative democracy, I hope to show how Deweyan critical pragmatism may help us develop new approaches to the theory and practice of deliberation that are both more attuned to power relations than traditional models and make more inventive use of everyday life to pursue more meaningful deliberative opportunities for citizens.
This comment responds to Shapiro?s State of Democratic Theory. First, it argues that the map of democratic possibilities in the book, dividing forms of democracy into aggregative and deliberative, conflates and obscures important democratic alternatives. Second, I argue that one of the possibilities this map obscures, deliberation with aggregation, avoids the critique Shapiro directs at deliberative democracy. While some of his criticisms are appropriate to other categories, they do not apply to this one. Third, I argue that the empirical work conducted under this category undermines Shapiro?s claims about how democracy can be expected to lead to violations of transitivity in actual practice. Fourth, I argue that there are other lines of defense for deliberative democracy in response to the combination of arguments that Shapiro offers in critique of deliberative democracy.
It is now widely accepted as an ideal that democracy should be as deliberative as possible. Democracy should not involve a tussle between different interest groups or lobbies in which the numbers matter more than the arguments. And it should not be a system in which the only arguments that matter are those that voters conduct in an attempt to determine where their private or sectional advantage lies. Democracy, it is said, should promote public deliberation among citizens and authorities as to what does best for the society as a whole and should elicit decision-making on that basis. But the ideal of deliberative democracy has two components—the deliberative and the democratic—and often they pull apart. In this paper I look in the first section at a series of problems that arise on the deliberative front, arguing that their resolution requires various degrees of depoliticization. And then I ask in the second whether the depoliticizing responses that those problems require are antithetical to the ideal of democracy. I argue that they are not in tension with the ideal, if that ideal is cast in the relatively revisionary, two-dimensional form that I favour.
Given the concern they share for the common good, both patriotic and deliberative conceptions of democracy can be said to have roots in classical republicanism. But these two modern approaches to politics are not the same. In order to show this, as well as demonstrate patriotism's superiority to deliberative democracy, I offer four criticisms of the latter: (i) its support of a theory or systematic set of procedures for conversation distorts its practice; (ii) it is ideologically biased; (iii) its distinction between conversation and negotiation is overstated; and (iv) its conception of the political community, in particular, of the proper relations between the state and civil society, is impoverished. The essay concludes with the suggestion that the debate in political philosophy between patriots and deliberative democrats is itself an exemplification of patriotic, rather than deliberative, conversation.
Deliberation and democratic legitimacy -- Moral pluralism and political consensus -- Associations and democracy (with Joel Rogers) -- Freedom of expression -- Procedure and substance in deliberative democracy -- Directly-deliberative polyarchy (with Charles Sabel) -- Democracy and liberty -- Money, politics, political equality -- Privacy, pluralism, and democracy -- Reflections on deliberative democracy -- Truth and public reason.
Abstract Richard Posner and Ilya Somin have recently posed forceful versions of a common objection to deliberative democracy, the Public Ignorance Objection. This objection holds that demonstrably high levels of public ignorance render deliberative democracy practically impossible. But the public?ignorance data show that the public is ignorant in a way that does not necessarily defeat deliberative democracy. Posner and Somin have overestimated the force of the Public Ignorance Objection, so the question of deliberative democracy's practical feasibility is still open.
This paper develops a theory of civil disobedience informed by a deliberative conception of democracy. In particular, it explores the justification of illegal, public and political acts of protest in constitutional deliberative democracies. Civil disobedience becomes justifiable when processes of public deliberation fail to respect the principles of a deliberative democracy in the following three ways: when deliberation is insufficiently inclusive; when it is manipulated by powerful participants; and when it is insufficiently informed. As a contribution to ongoing processes of public deliberation, civil disobedience should be carried out in a way that respects the principles of deliberative democracy, which entails a commitment to persuasive, non-violent forms of protest.
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