Deliberative Democracy

I present three versions –Grimm, Offe and Streeck—of a general argument that is often used to establish that the EU-institutions meets a legitimacy-disabling condition, the so called “no demos” argument (II), embedding them in the context of the notorious “democratic deficit” suspicions against the legal system and practice of the EU (I). After examining the logical structure behind the no-demos intuition considered as an argument (III), I present principled reasons by Möllers and Habermas that show why the “no demos” argument (...) fails to have bite in discussions of the legitimacy and status of the supranational level in the multi-level EU-architecture. These are complemented by another principled reason arising from John Dewey’s conception of the “public” as a clearer alternative for the “popular” requirement of democratic legitimation (IV). I conclude that all three conceptions together suggest that the hunt after pre-politically existing peoples as foundations of democratic legitimacy expresses no more than methodological nationalism without any footing in the material and conceptual requirements of democratic legitimation. Given the absence of a principled problem with the legitimacy of the priority and interference of supranational EU-law in the national legal and political orders, there are thus also no principled reasons to abandon or discredit the European project in the absence of a European nation or society. (shrink)

In Democracy and Tradition, Jeffrey Stout asks Christian political theologians if they can discern God's activity in modern democratic cultures. In so doing they might "acknowledge the sovereignty of God while transcending both resentment of, and absorption into, the secular." As Stout recognizes, the question of sovereignty is relevant not only to Christian, but also Jewish and Islamic thought. However, interreligious comparisons remain undeveloped in his work. In response, the following essay coordinates Stout’s pragmatism with developments in comparative theology. It (...) then evaluates both the Jewish messianism of Gershom Scholem alongside Islamic sovereignty (hakimayyah) in the thought of Sayyid Qutb. While their viewpoints differ in considerable respects, they nonetheless provide key test cases for Stout’s questions concerning divine sovereignty. In sum, the paper opens new avenues for religious deliberations in democratic traditions. (shrink)

I argue that reliance on political testimony conflicts with two democratic values: the value of mutual justifiability and the value of equality of opportunity for political influence. Reliance on political testimony is characterized by a reliance on the assertions of others directly on a political question the citizen is asked to answer as part of a formal democratic decision procedure. Reliance on expert testimony generally, even in the context of political decision-making, does not similarly conflict with democratic values. As a (...) consequence of the argument, citizens have a pro tanto reason to rely on their own political judgment when determining their vote, and democratic societies have a reason to only ask citizens questions they are able to answer without reliance on political testimony. (shrink)

My aims in this paper are twofold: (1) to develop an account of a kind of respect for persons as reasoners which is motivated by John Rawls’ defense of reasonable pluralism on epistemic grounds, and (2) to demonstrate that this kind of respect vindicates a stronger civic duty to incorporate nonpublic comprehensive doctrines in public deliberation than Rawls provides in his account of public reason. I begin with a discussion of Rawls’ account of the epistemic sources of reasonable disagreement – (...) the burdens of judgment – and argue that this idea provides support for an important conception of respect currently absent in scholarship about norms of public deliberation. I then outline the conception of persons as reasoners and the corollary duties of respect that follow from the recognition of persons as reasoners. I conclude with a discussion of the implications of this conception of respect for the idea of public reason. (shrink)

Feminist critiques of deliberative democracy have focused on the abstraction, impartiality and rationality of mainstream accounts of deliberation. This paper explores the claim, common to many of these critiques, that these features are problematic because they are gendered, and that a more women-friendly account of democracy would embrace corporeality, contextuality and the affective. While acknowledging the merit of such a claim, the paper nonetheless suggests that the pursuit of social justice and democratic inclusion actually leads many feminists to embrace a (...) modified account of deliberative democracy, albeit in a modified account form. This can be explained by the dialogical conception of impartiality offered by theories of deliberative democracy. The paper suggests that the embrace of deliberative democracy by feminist theorists is a positive move, to be more widely acknowledged. Moreover, once acknowledged, feminists have much to offer deliberative democrats in terms of considering what the pursuit of dialogic impartiality might entail. If conceived as demanding both a 'lack of bias' and 'inclusivity', attention needs to be focused squarely on the issue of inclusion, and the institutional and material conditions for securing inclusion in deliberation. (shrink)

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. (shrink)

This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and extensive (...) interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (shrink)

Existe una impresionante paradoja en la era contemporánea: de África a Europa del Este, de Asia a América Latina, cada vez más naciones adhieren a la idea de la democracia; pero lo hacen justo en el momento en que la eficacia misma de la democracia como forma de organización a nivel nacional es puesta en tela de juicio de manera manifiesta. Mientras que importantes áreas de la actividad humana son organizadas progresivamente a nivel (macro) regional o global, el destino de (...) la democracia, y de un Estado-nación independiente, tiene que enfrentar notables desafíos. -/- Páginas: 136 Peso: 400 gramos ISBN: 9875748900 . (shrink)

Pourquoi accorder un rôle essentiel à la délibération publique dans le choix des normes éthiques et politiques guidant les sciences? À partir d’un débat récent en économie du bien-être, cet article soutient que l’introduction de normes éthiques et politiques en sciences doit respecter le principe de neutralité procédurale, et qu’une délibération publique bien encadrée respecte ce principe. Je présenterai deux raisons de croire que les sciences doivent respecter la neutralité procédurale. Le premier argument est lié au rôle que devrait jouer (...) l’examen libre et critique dans le développement des sciences. Le second argument repose sur l’idée que les sciences devraient être sensibles aux procédures présentant le meilleur potentiel épistémique. Pour ces deux raisons, si elle prend position en faveur d’idéaux normatifs, l’économie du bien-être devrait se tourner vers une approche délibérative, rationnelle et impartiale pour y parvenir. (shrink)

This chapter aims to present a theoretical survey of political representation of future generations. The chapter focuses on two main normative justifications of representation of future generations. The first appeals to intergenerational justice and the second to democratic legitimacy. Then, the chapter addresses possible objections to the representation of future generations. These objections are: first, we should prevent the inflation of representation; second, representation of future people is not really political representation; third, representation of future people is unnecessary. The next (...) part discusses theoretical proposals to represent future generations in existing institutions. An appendix provides an overview of past and present real-world experiments, including the Finnish Committee for the Future, the Israeli Knesset Commissioner for Future Generations (2001–2006) and the Hungarian Ombudsman for Future Generations. (shrink)

This paper explores the idea of robust discursive equality on which respect-based conceptions of justificatory reciprocity often draw. I distinguish between formal and substantive discursive equality and argue that if justificatory reciprocity requires that people be accorded formally equal discursive standing, robust discursive equality should not be construed as requiring standing that is equal substantively, or in terms of its discursive purchase. Still, robust discursive equality is purchase sensitive: it does not obtain when discursive standing is impermissibly unequal in purchase. (...) I then showcase different candidate conceptions of purchase justice, and draw conclusions about the substantive commitments of justificatory reciprocity. (shrink)

This article explores the extent to which our deliberative culture determines our capacity to recognize relevant knowledge, to select and value epistemic authority, or to recognize the importance of individual and/or collective epistemic achievements in a deliberative context. This investigation is especially relevant in a moment in which the formation of public opinion no longer depends exclusively on political parties. This leads to a paradoxical situation in which the diffuse energy issued by the electorate is not easily subjected to the (...) discipline of party-oriented proposals or by media disputes that, despite their projection, may be ignored by many people. Thus, it is unclear in which sense social networks act as an alternative to the traditional system of intermediation set up by trade unions and pressure groups. By combining the approaches of deliberative democracy and social cognition theories, this essay sustains the relevance of what is defined here as ‘cooperative cognition’ in order to face this challenge. (shrink)

Why and how do norms emerge? Which norms emerge and why these ones in particular? Such questions belong to the ‘problem of the emergence of norms’, which consists of an inquiry into the production of norms in social collectives. I address this question through the ethnographic study of the emergence of ‘norms against violence’ in the political collective Occupy Geneva. I do this, first, empirically, with the analysis of my field observations; and, second, theoretically, by discussing my findings. In consequence (...) of two episodes categorized as sexual assaults that occurred in their camp, the members of Occupy Geneva decided to tackle those issues in a general assembly. Their goal was to amend their first charter of good conduct in order to reform its norms and complete it with norms aiming to regulate ‘facts’ of ‘unjustified violence’. During a collective deliberation, new norms were devised, debated and consensually adopted. The writing of the new charter took place in a second general assembly during which the wording of the written norms was collectively decided. I show that indignation over the sexual assaults was the main motive that led to the collective deliberation, and that the entire process of the making of these norms was characterized by different collective emotions. Indeed, indignation, contempt and fear played major roles in the emergence of norms prohibiting violence, allowing punishment and exclusion of wrongdoers, and prescribing collective intervention against an aggressor to neutralize the threat represented. These findings prompt me to hypothesize that social norms emerge from emotions thanks to the latters’ internal structure; and that emotions provide causal and grounding explanations for this emergence. Thus, emotions allow us to answer the questions: ‘Why do norms emerge?’ and ‘Why do they have their specific forms?’ In short, I argue that social norms have emotional foundations. (shrink)

Robert B. Talisse's A Pragmatist Philosophy of Democracy is a genuine tour de force. His aim is both to defend a particular view of pragmatism originating with the work of Charles Sanders Peirce and, at the same time, argue in favour of a new view of deliberative democracy developed from Talisse's Peircean pragmatism. The result is a stunning achievement with real persuasive power. In this article, I will focus on one worry, namely, that the picture of democracy on offer is (...) incomplete. While Talisse correctly argues that democracy is about more than elections, democracy is also about more than deliberation between citizens. Talisse's deliberative democracy is problematic to the degree its view of deliberation fails to account for democracy. If my analysis is correct, then I do not aim to demonstrate that Talisse's Peircean pragmatism is incorrect, only incomplete. Thus, the hope of this article is to help develop this pragmatism further. (shrink)

[An intentionally new way of thinking about voting] -/- Voting ethics.

Перевод статьи: Davies T., Chandler R. Online deliberation design: Choices, criteria, and evidence // Democracy in motion: Evaluating the practice and impact of deliberative civic engagement / Nabatchi T., Weiksner M., Gastil J., Leighninger M. (eds.). -- Oxford: Oxford univ. press, 2013. -- P. 103-131. А. Кулик. -/- Вниманию читателей предлагается обзор эмпирических исследований в области дизайна онлайн-форумов, предназначенных для вовлечения граждан в делиберацию. Размерности дизайна определены для различных характеристик делиберации: назначения, целевой аудитории, разобщенности участников в пространстве и во времени, (...) среды коммуникации и организации делиберативного процесса. После краткого обзора критериев оценки вариантов дизайна рассматриваются эмпирические данные, соотносящиеся с каждым из вариантов. Эффективность онлайн-делиберации зависит от того, насколько условия коммуникации соотносятся с заданиями делиберации. Компромиссы, как, например, между анонимным или идентифицируемым участием, предполагают различные дизайны в зависимости от цели делиберации и состава участников. Выводы исследования получены на материале существующих технологий и могут измениться по мере коэволюции технологий и пользователей. (shrink)

This chapter reviews empirical evidence bearing on the design of online forums for deliberative civic engagement. Dimensions of design are defined for different aspects of the deliberation: its purpose, the target population, the spatiotemporal distance separating participants, the communication medium, and the deliberative process to be followed. After a brief overview of criteria for evaluating different design options, empirical findings are organized around design choices. Research has evolved away from treating technology for online deliberation dichotomously (either present or not) toward (...) nuanced findings that differentiate between technological features, ways of using them, and cultural settings. The effectiveness of online deliberation depends on how well the communicative environment is matched to the deliberative task. Tradeoffs, e.g. between rich and lean media and between anonymous and identifiable participation, suggest different designs depending on the purpose and participants. Findings are limited by existing technologies, and may change as technologies and users co-evolve. (shrink)

Abstract Habermas endorses democracy as a way to rescue modern life from the economic and bureaucratic compulsion that Weber saw as an inescapable condition of modernity. This rescue mission requires that Habermas subordinate democracy to people's true interests, by liberating their political deliberations from incursions of money or power that could interfere with the formation of policy preferences that clearly reflect those interests. But Habermas overlooks the opaque nature of our interests under complex modern conditions, and the difficulty of even (...) knowing what the modern state is doing?let alone judging whether what it is doing serves our interests well. These overlooked sources of public ignorance buttress Weber's more pessimistic understanding of democracy, and like the theatrics surrounding popular sovereignty, public ignorance both enables and masks the autonomy that allows state officials and non?state opinion leaders to shape public policy undemocratically. (shrink)

I argue that code words like “inner city” do not semantically encode hidden or implicit meanings, and offer an account of how they nonetheless manage to bring about the surprising effects discussed in Mendelberg 2001, White 2007, and Stanley 2015.

In this essay I first set out the advantages the " multivariate democratic polity " framework proposed by Ferrara offers in comparison to other more consensus-based notions of democratic legitimacy. Secondly, I highlight some ambiguities concerning the meta-theoretical status of this frame, since it is not clear whether it consists of an adaptive realistic description, or otherwise is a normative argument. Thirdly, I cast some doubts on the compatibility between the multivariate frame and the " dualist conception of democratic constitutionalism (...) " adopted by Ferrara, since the latter seems too indebted to the domestic analogy, and to a consensus-based model of legitimacy. Finally, I argue that the dualist approach does not seem a convenient way to include citizenship in deliberative processes, and the question of the emergence of a transnational demos should rather be reconsidered as crucial for this purpose. (shrink)

Deliberative democracy aspires to secure political liberty by making citizens the authors of their laws. But how can it do this in the face of deep disagreement, not to mention imperfect knowledge and limited altruism? Deliberative democracy can secure political liberty by affording each citizen an equal position as a co-author of public laws and norms. Moreover, fundamental deliberative democracy—in which institutional design is ultimately accountable to public deliberation but not necessarily subject to its direct control—does not strain knowledge or (...) altruism. Thus, there is a place for deliberative democracy in a robust political economy. (shrink)

The ideas contained in this paper were first formulated as part of a chapter in my doctoral dissertation, which was completed in 1997. Some years later I added to my initial thoughts, scribbled some notes, and presented them at the 12th Annual Philosophy in Schools Conference, held in Brisbane in 2002. This presentation surfaced as a paper in Critical & Creative Thinking: The Australasian Journal of Philosophy in Schools (Burgh 2003a). Soon thereafter I revised the paper (Burgh 2003b) and it (...) appeared in abridged form in the Asia-Pacific Philosophy Education Network for Democracy (APPEND) Philosophy Series, Volume 4: Philosophy, Democracy and Education, edited by Philip Cam. It was once again revised, but also expanded, and appeared in Chapter 5 of Ethics and the community of inquiry: Education for deliberative democracy, a collaborative authorship with Terri Field and Mark Freakley (2006). Some sections have been further revised and appear in other publications (Burgh 2009, 2010; Burgh & Yorshansky 2011). These revisions would suggest that my thoughts on these matters are constantly changing. To some degree this is true, but each time the changes have built on previous ideas rather than new ideas replacing old ones. I welcomed the invitation to revise the original paper, which includes sections not included in later versions. However, with almost 11 years passing since the original publication, I found myself deleting sections and replacing others. Subsequently, this paper is a culmination of all the revisions and incorporates ideas from each. (shrink)

The paper focuses on the “spillover thesis” which constitutes a pillar of much of contemporary participatory democratic theory; specifically, we assess the claim that workplace democratization leads to a higher degree of political participation amongst labourers. The paper analyses the thesis as formulated by Carole Pateman, including its later revisions triggered by ambiguous results of empirical studies aiming to (dis)prove it. The spillover thesis is then confronted with important methodological and theoretical critiques, the upshot being that in order to be (...) able to arrive at determinate conclusions, more carefully designed empirical studies are needed. Normatively speaking, however, blame can always be laid on the wider environment of market economy and/or representative democracy, to the effect that the spillover thesis is both difficult to disprove and radically subversive. Given the recent dominance of deliberative democratic theory which incorporates a strong participatory element, we finally discuss whether a recent innovation – namely, the concept of deliberative systems – could be fruitfully employed as a flexible umbrella-type framework for the spillover thesis and the participatory ideals related to it. (shrink)

La tesis central de este trabajo es que la tradicional tensión entre substancia y procedimiento socava las estabilidad de la justificación de la concepción liberal más extendida de la legitimidad (la Democracia Deliberativa). Dicha concepciones enfrentan problemas serios a la hora de articular de manera consistente dos dimensiones que parecen ir naturalmente asociadas a la idea de legitimidad: la dimensión procedimental, vinculada a la equidad del procedimiento, y la dimensión epistémica, asociada a la corrección de los resultados. En este trabajo (...) sostengo que a) esa tensión surge de la adopción de una concepción epistemológica social de tipo "veritativo-consecuencialista; b) es posible manejar dicha tensión mediante el remplazo de la epistemología subyacente por una concepción epistemológica social de tipo procedimentalista de orientación pragmatista y c) dicha operación orienta el diseño institucional en una dirección experimentalista. (shrink)

Mark Pennington argues political systems should be decentralized in order to facilitate experimental learning about distributive justice. Pointing out the problems with Pennington's Hayekian formulation, I reframe his argument as an extension of the Millian idea of 'experiments in living.' However, the experimental case for decentralization is limited in several ways. Even if decentralization improves our knowledge about justice, it impedes the actual implementation of all conceptions of justice other than libertarianism. I conclude by arguing for the compatibility of egalitarian (...) redistribution with the epistemic virtues of markets pointed out by Hayek. (shrink)

The question of how society should deal with social conflicts arising from cultural differences persists. Should we adopt an exclusivist approach by excluding reasons based on specific cultural traditions from public debates about social policy, especially because these reasons do not appeal to the public at large? Or should we resort to an inclusivist approach by including reasons based on cultural traditions in public debate to give recognition to the diverse cultural identities of those who practice these traditions? While these (...) two approaches assign different roles to cultural traditions in public debate, both seem to welcome compromise between conflicting parties. This paper reviews contending normative approaches for dealing with conflicts in multicultural societies and explores the place of culture-based reasons in public debates designed to resolve conflicts. (shrink)

Commonplace among deliberative theorists is the view that, when defending preferred laws and policies, citizens should appeal only to reasons they expect others reasonably to accept. This view has been challenged on the grounds that it places an undue burden on religious citizens who feel duty-bound to appeal to religious reasons to justify preferred positions. In response, I develop a conception of democratic deliberation that provides unlimited latitude regarding the sorts of reasons that can be introduced, so long as one (...) is prepared to defend them against criticism. Moreover, I contend that religious citizens have a powerful incentive, based on their religious convictions, to be fully responsive to criticism. I defend this proposition by drawing on Robert Erlewine’s account of Hermann Cohen’s ‘religion of reason’. (shrink)

Voting advice applications (VAAs) are interactive online tools designed to assist voters by improving the basis on which they decide how to vote. Current VAAs typically aim to do so by matching users’ policy-preferences with the positions of parties or candidates. But this ‘matching model’ depends crucially on implicit, contestable presuppositions about the proper functioning of the electoral process and about the forms of competence required for good citizenship—presuppositions associated with the social choice conception of democracy. This paper aims to (...) make those presuppositions explicit and to contrast them with two possible alternative perspectives on VAAs, associated with deliberative and agonistic conceptions of democracy and citizenship. (shrink)

"Is it meaningful to call oneself a democrat? And if so, how do you interpret the word?" -/- In responding to this question, eight iconoclastic thinkers prove the rich potential of democracy, along with its critical weaknesses, and reconceive the practice to accommodate new political and cultural realities. Giorgio Agamben traces the tense history of constitutions and their coexistence with various governments. Alain Badiou contrasts current democratic practice with democratic communism. Daniel Bensaid ponders the institutionalization of democracy, while Wendy Brown (...) discusses the democratization of society under neoliberalism. Jean-Luc Nancy measures the difference between democracy as a form of rule and as a human end, and Jacques Rancière highlights its egalitarian nature. Kristin Ross identifies hierarchical relationships within democratic practice, and Slavoj Zizek complicates the distinction between those who desire to own the state and those who wish to do without it. -/- Concentrating on the classical roots of democracy and its changing meaning over time and within different contexts, these essays uniquely defend what is left of the left-wing tradition after the fall of Soviet communism. They confront disincentives to active democratic participation that have caused voter turnout to decline in western countries, and they address electoral indifference by invoking and reviving the tradition of citizen involvement. Passionately written and theoretically rich, this collection speaks to all facets of modern political and democratic debate. (shrink)

This paper aims to articulate the nexus of judgement and authority in the public use of reason: in the context, i.e., of the limits and conditions of possibility of public reason. It is an area characterized by a traditional alternative of judgement and authority: an alternative that largely coincides with a kind of «public excommunication» of authority, ie the recognition of the reason as the only acceptable form of argument of authority. This model knows, however, a profound crisis of plausibility: (...) it is a crisis that favors the emergence of forms of authority at high risk of authoritarian perversion. The thesis is that, to return authority to the public reason, some presuppositions need to recognize inescapable. These presuppositions are related to the dimensions of space and time as shared: as “public space” and “public time”. (shrink)

This book, based on the premise that democracy promotes peace and justice, explores theoretical and practical problems that can arise or that have arisen in democratic polities. Contributors address, with clarifying analyses, such theoretical issues as the relationship between recursivist metaphysics and democracy, the relationship between the economic and political orders, and the nature of justice. Contributors offer, as well, enlightening resolutions of practical problems resulting from a history of social, political or economic injustice.