This book represents a considerable revision and expansion of Public Choice II. Six new chapters have been added, and several chapters from the previous edition have been extensively revised. The discussion of empirical work in public choice has been greatly expanded. As in the previous editions, all of the major topics of public choice are covered. These include: why the state exists, voting rules, federalism, the theory of clubs, two-party and multiparty electoral systems, rent seeking, bureaucracy, interest groups, dictatorship, the (...) size of government, voter participation, and political business cycles. Normative issues in public choice are also examined including a normative analysis of the simple majority rule, Bergson–Samuelson social welfare functions, the Arrow and Sen impossibility theorems, Rawls's social contract theory and the constitutional political economy of Buchanan and Tullock. (shrink)

The most obvious way of settling disagreements peacefully is to take a vote. Yet, as Jeremy Waldron points out, the attitudes of philosophers and political theorists towards majority voting have ranged from indifference to hostility. Piled on top of all this scorn for legislation comes further scorn from social choice theorists, who insist that majority rule is useless as a means of making decisions.

Kant argues that the “discipline” of reason holds us topublicargument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for reason's authority (...) in all the provinces that rational beings inhabit. (shrink)

This book examines the issue of rational cooperation, especially cooperation between people with conflicting moral commitments. The first part considers how the two main aspects of cooperation - the choice by a group of a particular cooperative scheme and the decision by each member to contribute to that scheme - can be understood as guided by reason. The second part explores how the activity of reasoning itself can take a cooperative form. The book is distinctive in offering an account of (...) what people can accomplish by reasoning together, of the role of deliberation in democratic decision making, and of the negotiation of the proper use of concepts. Presenting for the first time a detailed analysis of the general problem of cooperation and collective reasoning between people with different moral commitments, this book will be of particular interest to philosophers of the social sciences and to students in political science, sociology and economics. (shrink)

If voters accord evidentiary value to one another's reports, revising their own views in the light of them as Bayesian rationality requires, then even relatively small electoral majorities ought to prove rationally compelling and opposition ought rationally to vanish. For democratic theory, that is a jarring result. While there are no resources for avoiding that result within the Bayesian model itself, there are various aspects of the political process lying outside that model which do serve to underwrite the rationality of (...) persistent opposition to majority opinion. Key Words: Bayesian rationality • consensus • political opposition. (shrink)

Under the assumptions of the standard Condorcet Jury Theorem, majority verdicts are virtually certain to be correct if the competence of voters is greater than one-half, and virtually certain to be incorrect if voter competence is less than one-half. But which is the case? Here we turn the Jury Theorem on its head, to provide one way of addressing that question. The same logic implies that, if the outcome saw 60 percent of voters supporting one proposition and 40 percent the (...) other, then average voter competence must either be 0.60 or 0.40. We still have to decide which, but limiting the choice to those two values is a considerable aid in that. Key Words: Condorcet Jury Theorem • epistemic democracy • voter competence. (shrink)

In this essay I sketch a philosophical argument for classical liberalism based on the requirements of public reason. I argue that we can develop a philosophical liberalism that, unlike so much recent philosophy, takes existing social facts and mores seriously while, at the same time, retaining the critical edge characteristic of the liberal tradition. I argue that once we develop such an account, we are led toward a vindication of “old” (qua classical) liberal morality—what Benjamin Constant called the “liberties of (...) the moderns.” A core thesis of the paper is that a regime of individual rights is crucial to the project of public justification because it disperses moral authority to individuals thus mitigating what I call the “burdens of justification.” Footnotesa Earlier versions of this essay were presented at the University of North Carolina, Chapel Hill, Philosophy Department workshop on the morality of capitalism, and at the conference on rights theory at the Murphy Institute, Tulane University. I am grateful for the comments of the participants; my special thanks to David Schmidtz, Julian Lamont, and Andrea Houchard for their useful written comments and suggestions. (shrink)

This book advances a theory of personal, public and political justification. Drawing on current work in epistemology and cognitive psychology, the work develops a theory of personally justified belief. Building on this account, it advances an account of public justification that is more normative and less "populist" than that of "political liberals." Following the social contract theories of Hobbes, Locke and Kant, the work then argues that citizens have conclusive reason to appoint an umpire to resolve disputes arising from inconclusive (...) public justifications. The rule of law, liberal democracy and limited judicial review are defended as elements of a publicly justified umpiring procedure. (shrink)

In two recent papers, Christian List and Philip Pettit have argued that there is a problem in the aggregation of reasoned judgements that is akin to the aggregation of the preference problem in social choice theory. 1 Indeed, List and Pettit prove a new general impossibility theorem for the aggregation of judgements, and provide a propositional interpretation of the social choice problem that suggests it is a special case of their impossibility result. 2 Specifically, they show that no judgement aggregation (...) function for a group is possible if the group seeks to satisfy certain `minimal conditions' designed to ensure that the function is both responsive to the individually rational views of its members and collectively rational in the set of judgements it holds. In this article, I resist the List and Pettit claim that there is the same propensity for collective irrationality or incoherence in the aggregation of reasoned judgements as there is in the aggregation of preference. I argue that reason, because it has a logical structure that is lacking in mere preference, has the effect of giving priority to some aggregations over others, a priority that is not permitted by one of the conditions imposed by List and Pettit. This avoids the incoherence that would otherwise exist if these different aggregations, not consistent with one another, were to compete at the same level of priority. The priority of some aggregations is particularly apparent, I shall argue, if one views the aggregation of judgements through the lens of common law decision-making. Key Words: social choice • judgement • Condorcet jury theorem • collective rationality • public reason • doctrinal paradox • discursive dilemma. (shrink)

This book examines the issue of rational cooperation, especially cooperation between people with conflicting moral commitments. The first part considers how the two main aspects of cooperation - the choice by a group of a particular cooperative scheme and the decision by each member to contribute to that scheme - can be understood as guided by reason. The second part explores how the activity of reasoning itself can take a cooperative form. The book is distinctive in offering an account of (...) what people can accomplish by reasoning together, of the role of deliberation in democratic decision making, and of the negotiation of the proper use of concepts. Presenting for the first time a detailed analysis of the general problem of cooperation and collective reasoning between people with different moral commitments, this book will be of particular interest to philosophers of the social sciences and to students in political science, sociology and economics. (shrink)

Jeremy Waldron is one of the world's leading legal and political philosophers. This collection brings together thirteen of his most recent essays which, in the course of working the book up for publication, the author has revisited and thoroughly revised. He addresses central issues within the liberal tradition, focusing on the law and its role in a pluralistic state which experiences deep disagreements about values and rights, and about the role of the state itself.

Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

Free Public Reason examines the idea of public justification, stressing its importance but also questioning the coherence of the concept itself. Although public justification is employed in the work of theorists such as John Rawls, Jeremy Waldron, Thomas Nagel, and others, it has received little attention on its own as a philosophical concept. In this book Fred D'Agostino shows that the concept is composed of various values, interests, and notions of the good, and that no ranking of these is possible. (...) The notion of public justification itself is thus shown to be contestable. In demonstrating this, D'Agostino undermines many current political theories that rely on this concept. Having broken down the foundations of public justification, D'Agostino then offers an alternative model of how a workable consensus on its meaning might be reached through the interactions of a community of interpreters or delegates at a constitutional convention. (shrink)

Cheryl Misak argues that truth ought to be reinstated to a central position in moral and political philosophy. She argues that the correct account of truth is one found in a certain kind of pragmatism: a true belief is one upon which inquiry could not improve, a belief which would not be defeated by experience and argument. This account is not only an improvement on the views of central figures such as Rawls and Habermas, but it can also make sense (...) of the idea that, despite conflict, pluralism, and the expression of difference, our moral and political beliefs aim at truth and can be subject to criticism. Anyone interested in a fresh discussion of political theory and philosophy will find this a fascinating read. (shrink)

Complaints are common about the arbitrary and conservative bias of special-majority rules. Such complaints, however, apply to asymmetrical versions of those rules alone. Symmetrical special-majority rules remedy that defect, albeit at the cost of often rendering no determinate verdict. Here what is formally at stake, both procedurally and epistemically, is explored in the choice between those two forms of special-majority rule and simple-majority rule; and practical ways are suggested of resolving matters left open by symmetrical special-majority rules – such as (...) ‘judicial extrapolation’ or ‘subsidiarity’ in a federal system. (shrink)