We lack analyses of the judiciary from a systemic perspective. This article thus examines arguments offered by deliberativists who have reflected about this institution and argues that the current state of deliberative democracy requires us to rethink the ways they conceive of the judiciary within a deliberative framework. After an examination of these accounts, I define the deliberative system and describe the different phases deliberative democracy has gone through. I then single out elements common to all systemic approaches against which (...) I test whether the regard that the authors show for the judiciary in deliberative terms can be maintained and argue in the negative. I conclude by pointing at the necessity to think about the definition of deliberative systems, and to the value of these discussions for debates on the legitimacy of judicial review when it is exercised under the form of judicial supremacy. (shrink)

ABSTRACTThis article studies multi-stakeholder initiatives as spaces for both deliberation and contestation between constituencies with competing discourses and disputed values, beliefs, and preferences. We review different theoretical perspectives on MSIs, which see them mainly as spaces to find solutions to market problems, as spaces of conflict and bargaining, or as spaces of consensus. In contrast, we build on a contestatory deliberative perspective, which gives equal value to both contestation and consensus. We identify four types of internal contestation which can be (...) present in MSIs—procedural, inclusiveness, epistemic, and ultimate-goal—and argue that embracing contestation and engaging in ongoing revision of provisional agreements, criteria, and goals can enhance the democratic quality of MSIs. Finally, we explore the implications of this perspective for theorizing about the democratic quality in MSIs and about the role of corporations in transnational governance. (shrink)

The aim of this paper is to elucidate a significant epistemic dimension of deliberative democracy. I argue that the role of citizens’ political judgments in deliberative democratic theory commits deliberative democracy to a view of deliberation as an essentially epistemic enterprise, one aimed at identifying correct answers to questions of political morality. This epistemic reading stands in contrast to prevailing views of deliberative democracy that tend to hold that the normatively significant function of deliberation is merely to legitimate democratic decisions, (...) regardless of their substantive correctness. These views tend to regard any epistemic benefit of deliberation as a mere welcome side effect, ancillary to the aim of securing legitimacy. My argument, however, shows deliberative democratic legitimacy itself to depend on the epistemic success of deliberative procedures with respect to questions of political morality. I approach this argument by way of a contrast between deliberative democracy and the so-called aggregative conception of democracy. It will turn out that the important philosophical differences between the two views are located in their different conceptions of political participation and democratic legitimacy. I then go on to argue that the deliberative conceptions of participation and legitimacy give rise to an epistemic dimension which is generally underappreciated, but which is crucial to a proper understanding of deliberative democracy. I conclude that it is incumbent upon deliberative democrats to offer a compelling account of the epistemic value of deliberative procedures. The epistemic value of deliberation is not just a convenient epiphenomenon of deliberative democracy’s legitimation procedures. Rather, it is a necessary condition of those procedures playing their legitimating role at all. (shrink)

In this article I offer the deliberative systems approach as a normative and evaluative approach through which to appraise typically ‘non-deliberative’ animal activism. Although such actions can contribute to inclusive deliberation through the political representation of animals, I caution against an over-reliance on such tactics, and interrogate the claim that non-deliberative tactics are essential ingredients for prompting the reflection and reconsideration that animal rights philosophy demands. Instead, non-deliberative activism may serve not only to undermine further deliberation but actually to jeopardise (...) animal protection goals. (shrink)

The idea of inclusive collective decision-making is important in establishing democratic legitimacy, but it fails when citizens are excluded. Stated-preference methods of valuation, which are commonly used in economics, have been criticised because the principle of willingness to pay may exclude low-income earners who do not have the capacity to pay. Deliberative valuation has been advocated as a way to overcome this problem, but deliberation may also be exclusive. In this review, two deliberative valuation frameworks are compared. The first is (...) grounded on the idea of rational discourse that emphasises argument at the expense of other communicative strategies. It seeks to secure inclusion through procedural rules and prerequisites, but fails to address the underlying democratic limitation of argumentation. The second does not rely on the distinction between rational and rhetorical speech, and therefore admits alternative forms of communication. This approach recognises differences in the communicative capacities and practices of those who take part in deliberation, and so is better equipped to improve, though not to guarantee, inclusion. (shrink)

Wiredu’s call for democracy by consensus is illustrated by his description of traditional African consensual rationality. This description contains the attribution of immanence to African consensual rationality. This paper objects to this doctrine of immanence. More importantly, the doctrine of immanence has led to the attribution of pure rationality to traditional African consensual practices. With reference to Aristotle’s three components of persuasion, I object to deliberation as purely rational and impervious to extraneous factors. I further argue that it is because (...) deliberation is not always perfectly rational that the process of consensus can suffer three forms of social conformity: conformity to dominant players, to numerical opinion majority, and to group-centrism. These forms of conformity mean that a consensus task order could lead to decisions of more inclusive value, but not necessarily decisions of more epistemic value. The concept of agonistic inquiry is employed to tackle what I see as the dangers of conformity and complacency in the project of inclusivity, and this is to strike a crucial balance between too-consensual and purely adversarial forms of deliberation. (shrink)

This article investigates the prospects of deliberative democracy through the analysis of small-scale deliberative events, or mini-publics, using empirical methods to understand the process of preference transformation. Evidence from two case studies suggests that deliberation corrects preexisting distortions of public will caused by either active manipulation or passive overemphasis on symbolically potent issues. Deliberation corrected these distortions by reconnecting participants’ expressed preferences to their underlying “will” as well as shaping a shared understanding of the issue.The article concludes by using these (...) insights to suggest ways that mini-public deliberation might be articulated to the broader public sphere so that the benefits might be scaled up. That mini-public deliberation does not so much change individual subjectivity as reconnect it to the expression of will suggests that scaling up the transformative effects should be possible so long as this involves communicating in the form of reasons rather than preferred outcome alone. (shrink)

ABSTRACT:Deliberative democratic theory, commonly used to explore questions of “political” corporate social responsibility, has become prominent in the literature. This theory has been challenged previously for being overly sanguine about firm profit imperatives, but left unexamined is whether corporate contexts are appropriate contexts for deliberative theory in the first place. We explore this question using the case of Starbucks’ “Race Together” campaign to show that significant challenges exist to corporate deliberation, even in cases featuring genuinely committed firms. We return to (...) the underlying social theory to show that this is not an isolated case: for-profit firms are predictably hostile contexts for deliberation, and significant normative and strategic problems can be expected should deliberative theory be imported uncritically to corporate contexts. We close with recent advances in deliberative democratic theory that might help update the PCSR project, and accommodate the application of deliberation to the corporate context, albeit with significant alterations. (shrink)

While early optimists have seen online discussions as potential spaces for deliberation, the reality of many online spaces is characterized by incivility and irrationality. Increasingly, AI tools are considered as a solution to foster deliberative discourse. Against the backdrop of previous research, we show that AI tools for online discussions heavily focus on the deliberative norms of rationality and civility. In the operationalization of those norms for AI tools, the complex deliberative dimensions are simplified, and the focus lies on the (...) detection of argumentative structures in argument mining or verbal markers of supposedly uncivil comments. If the fairness of such tools is considered, the focus lies on data bias and an input–output frame of the problem. We argue that looking beyond bias and analyzing such applications through a sociotechnical frame reveals how they interact with social hierarchies and inequalities, reproducing patterns of exclusion. The current focus on verbal markers of incivility and argument mining risks excluding minority voices and privileges those who have more access to education. Finally, we present a normative argument why examining AI tools for online discourses through a sociotechnical frame is ethically preferable, as ignoring the predicable negative effects we describe would present a form of objectionable indifference. (shrink)

El presente trabajo analiza la relación entre política y moral en la democracia deliberativa de Jürgen Habermas teniendo en cuenta los fundamentos filosóficos de esta teoría política. A diferencia de lo que actualmente plantea el filósofo alemán, se sostiene que el sentido reconstructivo inherente a esta teoría de la democracia permite justificar tal relación a partir de explicitar los presupuestos normativo-morales ya siempre reconocidos en los procedimientos decisorios de deliberación racional que la misma establece. Como resultado de esta estrategia argumentativa, (...) se afirma que el filósofo debe comprometerse con reconocer tal relación porque de otro modo se altera radicalmente el concepto mismo de democracia deliberativa. (shrink)

In order to be exercised meaningfully, political freedom requires the capacity to actually identify available policy options. To ensure this, society ought to engage in deliberation as a discussion oriented towards mutual learning. In order to highlight this issue, I define deliberation in terms of the participants’ openness to preference change, i.e. the deliberative stance. In the context of the systemic approach to deliberative theory, I find several factors causing the atrophy of such a deliberative stance. I note that this (...) state can occur not only when debaters are representatives or are in the presence of an audience, but also when they face the prospect of a binding decision. It is the latter effect that is a serious challenge to the micro-deliberative strategy, one that strives towards decisional powers being granted to deliberative minipublics. Presenting my findings, I propose—as an alternative to the power-oriented ‘ladder of participation’—a distinction between traditional co-decision and deliberative consultation, the latter one being an environment that is more conducive to deliberative stance. This new typology highlights factors that lead to preference petrification and allows for the appreciation of the non-decisional character of micro-deliberation. All of it leads to the conclusion that, in order to preserve their deliberative character in the systemic context, deliberative minipublics should not always be required to have decision-making powers. (shrink)

We lack analyses of the judiciary from a systemic perspective. This article thus examines arguments offered by deliberativists who have reflected about this institution and argues that the current state of deliberative democracy requires us to rethink the ways they conceive of the judiciary within a deliberative framework. After an examination of these accounts, I define the deliberative system and describe the different phases deliberative democracy has gone through. I then single out elements common to all systemic approaches against which (...) I test whether the regard that the authors show for the judiciary in deliberative terms can be maintained and argue in the negative. I conclude by pointing at the necessity to think about the definition of deliberative systems, and to the value of these discussions for debates on the legitimacy of judicial review when it is exercised under the form of judicial supremacy. (shrink)

Consensus plays an ambiguous role in deliberative democracy. While it formed the horizon of early deliberative theories, many now denounce it as an empirically unachievable outcome, a logically impossible stopping rule, and a normatively undesirable ideal. Deliberative disagreement, by contrast, is celebrated not just as an empirically unavoidable outcome but also as a democratically sound and normatively desirable goal of deliberation. Majority rule has generally displaced unanimity as the ideal way of bringing deliberation to a close. This article offers an (...) epistemic perspective on this question of consensus versus disagreement. For ensuring the production of better decisions, we argue, the normative appeal of consensus varies depending on the deliberative task – whether it entails problem solving or prediction. We argue that in pure problem-solving contexts, consensus retains a strong normative appeal and forms the ideal deliberative outcome of deliberation. In contrast, on predictive tasks, consensus should generally not be used as a stopping rule noris it likely to be epistemically desirable as an outcome. Instead deliberators may be better served by ending the deliberation with a form of deliberative disagreement we call ‘positive dissensus’, which paves the way for more accurate aggregate predictions. (shrink)

Deliberative democracy started out as an ideal for mass democracy. Lately, however, its large-scale ambitions have mostly been shelved. This article revivifies the ideal of mass deliberative democracy by offering a clear mechanism by which everyone in the community can be included in the same conversation. The trick is to make use of people’s overlapping social communicative networks through which informal deliberative exchanges already occur on an everyday basis. Far from being derailed by threats of polarization, echo chambers, and motivated (...) reasoning, informal networked deliberation can indeed put everyone in touch, directly or indirectly, with everyone else. (shrink)

Democracy is usually justified either on intrinsic or instrumental, particularly epistemic, grounds. Intrinsic justifications stress the values inherent in the democratic process itself, whereas epistemic ones stress that it results in good outcomes. This article examines whether epistemic justifications for deliberative democracy are superior to intrinsic ones. The Condorcet jury theorem is the most common epistemic justification of democracy. I argue that it is not appropriate for deliberative democracy. Yet deliberative democrats often explicitly state that the process will favour the (...) best argument. This can only be the case if deliberation improves the overall competence of the group and of the individuals that constitute it. I analyse when deliberation will increase competences and when it will not do so and find that individual competences will not reliably increase as a result of deliberation. In order for deliberative democracy to be epistemically more effective than representative democracy, strong procedural assumptions need to be made and deliberative democracy needs to be justified based on a combination of epistemic and intrinsic elements. (shrink)

My aim in this article is to compare traditional multiculturalist political theory with a new paradigm in which the usual strategies for dealing with cultural diversities are replaced by the tools provided by inferential semantics as developed by Robert Brandom. The upshot is the transition from a landscape which is highly demanding with respect to the common assumptions among different views of the world to a dialogical context in which contrasting beliefs can come to light more freely.

Research on deliberative procedures uses normative concepts not only to justify the democratic legitimacy of these procedures but also as analytical tools to understand their empirical effects. This leads to a normativist bias in deliberation research. I argue that deliberative procedures should instead be regarded as a type of opinion-shaping social technology. I introduce a theoretical scheme that helps researchers analyze the interplay between formal and informal aspects of deliberative procedures. The usefulness of the scheme is shown in a case (...) study of the EuroPolis Deliberative Poll. (shrink)

This article argues that the concept of deliberation is construed too narrowly in political corporate social responsibility (CSR) and that a concept of deliberation for political CSR should err toward useful speech acts rather than reciprocity and charity. It draws from the political philosophy, labor relations, and business ethics literatures to outline a framework for an extended notion of deliberative engagement. The characters of deliberative behavior and deliberative environment are held to generate four modes of engagement: strategic deliberation, unitarist deliberation, (...) pluralist deliberation, and deliberative activism. The article concludes by arguing that political CSR will be better positioned to realize its potential by moving away from primarily consensus-centered objectives to a more responsive range of deliberative goals and practice. (shrink)

ABSTRACTThis rejoinder represents a final installment in a debate between myself and Paul Gunn over the feasibility and desirability of deliberative democracy. Here I argue that our debate has helped clarify an ambivalence in the literature surrounding the ends and means of deliberative democracy. I specify two ways to understand both ends and means, establish their importance in deliberative theory, and show how they can be combined. I conclude by showing how this systemic view incorporates and overcomes several challenges facing (...) modern democracy, such as the necessity of expert authority, the role of partisanship, and the problem of social complexity. (shrink)

ABSTRACTAccording to Jonathan Kuyper, deliberative democratic theory, having taken a “systemic turn,” is now better able to deal with the complexity of the real world. Central to this development is the democratic “division of epistemic labor,” under which experts, public servants, and the politically engaged may compensate for the relative ignorance of democratic citizens at large. However, the systemic turn raises the question of whether deliberation has been reconstituted as a means to the end of citizens’ interests, or whether it (...) remains an end in itself. To the extent that deliberation has been accepted as a means to the realization of common interests, the systemic turn begs the question of why we should expect the epistemic division of labor to be effective in identifying public policies that serve those interests. To the extent that deliberative democrats seek to avoid this problem by retaining an a priori commitment to deliberative inclusion, it is more than conceivable that the systemic turn will descend into a simplistic and unedifying form of functionalism. (shrink)

Many proponents of deliberative democracy expect reasonable citizens to engage in rational argumentation. However, this expectation runs up against findings by behavioral economists and social psychologists revealing the extent to which normal cognitive functions are influenced by bounded rationality. Individuals regularly utilize an array of biases in the process of making decisions, which inhibits our argumentative capacities by adversely affecting our ability and willingness to be self-critical and to give due consideration to others’ interests. Although these biases cannot be overcome, (...) I draw on scientifically corroborated insights offered by Adam Smith to show that they can be kept in check if certain affective and cognitive capacities are cultivated. Smith provides a compelling account of how to foster sympathetic, impartial, and projective role-taking in the process of interacting with others, which can greatly enhance our capacity and willingness to critically assess our own interests and fairly consider those of others. (shrink)

Recent research has damped initial promises for democratic deliberation in social media arenas. Empirical studies find only low degrees of direct reciprocal interaction among participants, a lack of consensus orientation, and accelerated forms of communication that fail to meet traditional ideals of deliberation. In line with recent literature, we argue that traditional deliberative ideals are too narrow to embrace the potential contribution of social media for deliberation about (ir-)responsible business conduct. Instead, we propose to conceptualize social media as arenas for (...) everyday talk, that is, everyday communication practices through which participants informally discuss and express opinions about current issues, thereby contributing to a broader deliberative system. In adopting this lens, we ask: How can everyday talk in social media contribute to deliberation about (ir-)responsible business conduct? Drawing on the latest insights from online deliberation studies, we develop a framework for evaluating everyday talk and propose that its deliberative quality depends on social media appropriate forms of justification, interactivity, equality, and civility. We apply this framework with an analysis of 260,224 tweets about the role of business in climate change. Based on our findings, we critically discuss how everyday talk in social media can contribute to deliberation at the intersection of business and society. (shrink)