This paper examines the potential role of deliberative democracy in constitutional processes of higher law-making, either for the founding of constitutions or for constitutional change. It defines deliberative democracy as the combination of political equality and deliberation and situates this form of democracy in contrast to a range of alternatives. It then considers two contrasting processes—elite deliberation and plebiscitary mass democracy (embodied in referenda) as approaches to higher law-making that employ deliberation without political equality or political equality without deliberation. It (...) finally turns to some institutional designs that might achieve both fundamental values at the same time, or in the process of realizing a sequence of choices. (shrink)

Contrary to Laurel Gleason's assertions, Deliberative Polling among random samples is not a process that is dominated by “experts” or by certain categories of deliberator; it produces genuine gains among the participants in knowledge of information that has been verified as true and relevant; it does not cause ideological polarization; and it is not intended as a substitute for, rather than a supplement to, deliberation on the part of the general public.

This book describes a new method of consulting the public that has been tried successfully around the world. The book combines the theory of democracy with actual practice. Fishkin lays out a theory of "deliberative democracy" and shows with practical examples, how it can be realized.

Debating Deliberative Democracy explores the nature and value of deliberation, the feasibility and desirability of consensus on contentious issues, the implications of institutional complexity and cultural diversity for democratic decision making, and the significance of voting and majority rule in deliberative arrangements. Investigates the nature and value of deliberation, the feasibility and desirability of consensus on contentious issues, the implications of institutional complexity and cultural diversity for democratic decision making, and the significance of voting and majority rule in deliberative arrangements. (...) Includes focus on institutions and makes reference to empirical work. Engages a debate that cuts across political science, philosophy, the law and other disciplines. (shrink)

Three common assumptions of both liberal theory and political debate are the autonomy of the family, the principle of merit, and equality of life chances. Fishkin argues that even under the best conditions, commitment to any two of these principles precludes the third._“A brief survey and brilliant critique of contemporary liberal political theory…. A must for all political theory or public policy collections.” –_Choice_ “The strong points of Fishkin’s book are many. He raises provocative issues, locates them within (...) a broader theoretical framework, and demonstrates an urgent need for liberals to set certain priorities. His main message—that liberalism has radical implications for ordinary life—needs to be heard by many.” --Virginia L. Warren, _Michigan Law Review_ “A highly original and powerfully argued book…. Fishkin is undoubtedly right, and his warning needs to be taken seriously…. This is not a book that catechizes us about what we should believe concerning the practicalities of distributive justice. It is a book that advises us about how we need to think about beliefs that are already popular dogmas, in the interest of making sense.” –James Gaffney, _America_ James S. Fishkin_ is associate professor of political science at Yale University. He is also the author of _The Limits of Obligation_ and _Beyond Subjective Morality_. (shrink)

Part I of this essay will be devoted to Gauthier's principle of minimax relative concession. Part II will focus, more generally, on the variety of possible strategies available to liberal theory. In Part I, I will argue that the principle of minimax relative concession does not define “essential justice” as Gauthier claims. In Part II, I will argue that the difficulties facing Gauthier's strategy are common to other strategies of die same general kind. I will close by suggesting what I (...) think may prove to be a more promising approach. (shrink)

People around the world are agitating for democracy and individual rights, but there is no consensus on a theory of liberal democracy that might guide them. What are the first principles of a just society? What political theory should shape public policy in such a society? In this book, James S. Fishkin offers a new basis for answering these questions by proposing the ideal of a "self-reflective society"—a political culture in which citizens are able to decide their own (...) fate through unconstrained dialogue. Fishkin offers a comprehensive critique of liberal political theories that do not satisfy the requirements for a self-reflective society. He then explains his own theory of liberalism, showing that the freely self-examining society he advocates can provide the key to issues of political legitimacy and social justice. Fishkin proposes practical applications of his theory that would lead to more participatory democracy. Among these are deliberative opinion polls that would allow ordinary citizens to explore issues directly with candidates before elections, and vouchers that would allow them to organize representation for their interests. Fishkin examines a broad range of topics from the fresh perspective of a self-reflective society: utility and its limits, justice between generations, conflicting ideals of democracy, equal opportunity, the connections between theory and public policy, the notion of moral progress, and the bases for political obligation. His book makes a new contribution to central debates in moral, political, and legal philosophy. (shrink)

Voting Institutions Justifications Notes.

The prelims comprise: The Athenian Solution The Filter The Mirror The “Mob” The Apparent Conundrum Referendum Democracy versus Deliberation Modern Deliberative Microcosms The Role of Representatives Notes Bibliography.

Liberalism has often been viewed as a continuing dialogue about the relative priorities between liberty and equality. When the version of equality under discussion requires equalization of outcomes, it is easy to see how the two ideals might conflict. But when the version of equality requires only equalization of opportunities, the conflict has been treated as greatly muted since the principle of equality seems so meager in its implications. However, when one looks carefully at various versions of equal opportunity and (...) various versions of liberty, the conflict between them is, in fact, both dramatic and inescapable. Each version of the conflict poses hard choices which defy anysystematicpattern granting priority to one of these basic values over the other. In this essay, I will flesh out and argue for this picture of fundamental conflict, and then turn to some more general issues about the kinds of answers we should expect to the basic questions of liberal theory. (shrink)

Converse's seminal 1964 article explored three crucial limitations of public opinion as it is revealed in conventional polls: information levels, belief systems, and nonattitudes. These limitations are significant from the standpoint of democratic theory, but it is possible to design forms of public consultation and of social‐science research that will reveal what public opinion might be like if these limitations were somehow overcome. Deliberative Polling is an effort to explore the contours of such a counterfactual public opinion—one that is more (...) informed and engaged than is the mass public. Doing so requires going beyond “polling alone.”. (shrink)

A randomly selected microcosm of the people can usefully play an official role in the lawmaking process. However, there are serious issues to be confronted if such a random sample were to take on the role of a full-scale, full-time second chamber. Some skeptical considerations are detailed. There are also advantages to short convenings of such a sample to take on some of the roles of a second chamber. This article provides a response to the skeptical considerations. Precedents from ancient (...) Athens show how such short-term convenings of a deliberating microcosm can be positioned before, during, or after other elements of the lawmaking process. The article draws on experience from Deliberative Polling to show how this is both practical and productive for the lawmaking process. (shrink)

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. (shrink)

Rather than respond to Gibbard, point by point, I will comment on what I take to be the general spirit of his argument. The old consensus on some form or another of utilitarianism, a consensus that dominated discussions in moral and political theory only a few years ago, has now largely evaporated before the heat of distributional objections founded on justice, the “separateness of persons,” and other concerns for the severe sacrifices that utilitarianism might require of some for the sake (...) of greater gains to others. (shrink)

This article poses the problem of public consultation on contested policies involving new technologies and competing values or value‐laden goals. It argues that Deliberative Polling, an approach developed by the author, can be usefully employed to engage representative samples to deliberate in depth in controlled experiments so as to yield a picture of the public's considered judgments. It also argues from recent experience that such consultations can be cost effectively conducted online with stratified random samples. It draws on examples from (...) various issue domains including climate and energy as well as prototype deliberations conducted on gene editing in the wild. It sets out criteria that Deliberative Polling, as well as other designs, should satisfy if policy recommendations based on the data generated by these public consultations are to be credible. (shrink)

Part of the highly regarded Philosophy, Politics and Society series, this text is an important resource for political philosophers who wish to know about population policy, population specialists interested in political theory, and public ...

ABSTRACT Contrary to Laurel Gleason's assertions, Deliberative Polling among random samples is not a process that is dominated by “experts” or by certain categories of deliberator; it produces genuine gains among the participants in knowledge of information that has been verified as true and relevant; it does not cause ideological polarization; and it is not intended as a substitute for, rather than a supplement to, deliberation on the part of the general public.

Political Theory Without Borders offers a comprehensive survey of the issues that have shaped political theory in the wake of social and environmental globalization. Focuses on specific questions that arise from issues of global spillovers like climate change and pollution, international immigration, and political intervention abroad Includes chapters written by some of the best new scholars working in the field today, along with key texts from some of the most well-known scholars of previous generations Illustrates how the classics concerns of (...) political theory – justice and equality, liberty and oppression – have re-emerged with renewed significance at the global level The newest volume in the distinguished philosophy, politics & society series, initiated by Peter Laslett in 1956. (shrink)