Having defended the usefulness of our definition of reasoning, we stress that reasoning is not only for convincing but also for evaluating arguments, and that as such it has an epistemic function. We defend the evidence supporting the theory against several challenges: People are good informal arguers, they reason better in groups, and they have a confirmation bias. Finally, we consider possible extensions, first in terms of process-level theories of reasoning, and second in the effects of reasoning outside the lab.

ABSTRACTReceived wisdom in most democracies is that voting should be seen as a political freedom that citizens have a right to exercise at their discretion. But I propose that we have a duty to vote, albeit a duty to vote well: with knowledge and a sense of impartiality. Fulfillment of this obligation would contribute to the epistemic advantages of democracy, and would thereby instantiate the duty to promote and support just institutions.

Standard rationales for the illegality of markets in votes are based on concerns over the undue influence of wealth and the erosion of civic responsibility that would result from the commodification of votes. I present an alternative rationale based on how the mere alienability of votes alters the strategic setting faced by political actors. The inalienability of votes ensure the strict secrecy of voting, that is, the inability of voters to communicate credibly to others the content of their votes. In (...) doing so, it diminishes the credibility of all political actors’ clientelistic promises to reciprocate. By drastically reducing the transaction costs of vote exchanges, the legality of markets in votes would thus exacerbate the detrimental effects of political clientelism on the quality of democratic governments. (shrink)

This article outlines a new approach to answering the foundational question in democratic theory of how the boundaries of democratic political units should be delineated. Whereas democratic theorists have mostly focused on identifying the appropriate population-group – or demos – for democratic decisionmaking, it is argued here that we should also take account of considerations relating to the appropriate scope of a democratic unit’s institutionalized governance capabilities – or public power. These matter because democratically legitimate governance is produced not only (...) through the decision-making agency of a demos, but also through the institutionally distinct sources of political agency that shape the governance capabilities of public power. To develop this argument, the article traces a new theoretical account of the normative and institutional sources of collective agency, political legitimacy, and democratic boundaries, and illustrates it through a democratic reconstruction of the classical body politic metaphor. It further shows how this theoretical account lends strong prescriptive support to pluralist institutional boundaries within democratic global governance. (shrink)

Can we design a perfect democratic decision procedure? Condorcet famously observed that majority rule, our paradigmatic democratic procedure, has some desirable properties, but sometimes produces inconsistent outcomes. Revisiting Condorcet’s insights in light of recent work on the aggregation of judgments, I show that there is a conflict between three initially plausible requirements of democracy: “robustness to pluralism”, “basic majoritarianism”, and “collective rationality”. For all but the simplest collective decision problems, no decision procedure meets these three requirements at once; at most (...) two can be met together. This “democratic trilemma” raises the question of which requirement to give up. Since different answers correspond to different views about what matters most in a democracy, the trilemma suggests a map of the “logical space” in which different conceptions of democracy are located. It also sharpens our thinking about other impossibility problems of social choice and how to avoid them, by capturing a core structure many of these problems have in common. More broadly, it raises the idea of “cartography of logical space” in relation to contested political concepts. (shrink)

Consider the hypothesis H that a defendant is guilty, and the evidence E that a majority of h out of n independent jurors have voted for H and a minority of k:=n-h against H. How likely is the majority verdict to be correct? By a formula of Condorcet, the probability that H is true given E depends only on each juror's competence and on the absolute margin between the majority and the minority h-k, but neither on the number n, nor (...) on the proportion h/n. This paper reassesses that result and explores its implications. First, using the classical Condorcet jury model, I derive a more general version of Condorcet's formula, confirming the significance of the absolute margin, but showing that the probability that H is true given E depends also on an additional parameter: the prior probability that H is true. Second, I show that a related result holds when we consider not the degree of belief we attach to H given E, but the degree of support E gives to H. Third, I address the implications for the definition of special majority voting, a procedure used to capture the asymmetry between false positive and false negative decisions. I argue that the standard definition of special majority voting in terms of a required proportion of the jury is epistemically questionable, and that the classical Condorcet jury model leads to an alternative definition in terms of a required absolute margin between the majority and the minority. Finally, I show that the results on the significance of the absolute margin can be resisted if the so-called assumption of symmetrical juror competence is relaxed. (shrink)

This paper generalises the classical Condorcet jury theorem from majority voting over two options to plurality voting over multiple options. The paper further discusses the debate between epistemic and procedural democracy and situates its formal results in that debate. The paper finally compares a number of different social choice procedures for many-option choices in terms of their epistemic merits. An appendix explores the implications of some of the present mathematical results for the question of how probable majority cycles (as in (...) Condorcet's paradox) are in large electorates. (shrink)

Does the wide distribution of political power in democracies, relative to other modes of government, result in better decisions? Specifically, do we have any reason to believe that they are better qualitatively – more reasoned, better supported by the available evidence, more deserving of support – than those which have been made by other means? In order to answer this question we examine the recent effort by Talisse and Misak to show that democracy is epistemically justified. Highlighting the strengths and (...) weaknesses of their arguments, we conclude that the differences between an epistemic conception of democracy and an epistemic justification of democracy are fundamental to determining the relative attractions of different arguments for democracy, and their implications for actual forms of government. -/- . (shrink)

This paper provides a philosophical critique of social choice theory insofar as it deals with the normative evaluation of voting and voting rules. I will argue that the very method of evaluating voting rules in terms of whether they satisfy various conditions is deeply problematic because introducing strategic behaviour leads to a violation of any condition that makes a difference between voting rules. I also argue that it is legitimate to make interpersonal comparisons of utilities in voting theory. Combining a (...) realistic account of voters’ behaviour with a utilitarian evaluation of the outcomes then leads to the judgment that strategic voting is beneficial. If it is, then Arrow's theorem does not have far-reaching consequences for democracy because one of its conditions is not normatively acceptable. (shrink)

Alice Le Goff ,Christian Nadeau | : Ce texte constitue une introduction au dossier. Il introduit les différentes contributions en mettant en relief leurs principales orientations. Ce faisant, il propose donc une cartographie conceptuelle, forcément partielle, des enjeux associés à la notion de démocratie épistémique et des enjeux du croisement de cette notion avec celle de démocratie de contestation. En un premier temps, nous revenons sur l’apport du procéduralisme épistémique et sur les questions qu’il soulève. Ensuite, nous revenons sur le (...) néo-pragmatisme et la façon dont il permet d’envisager une justification épistémique de la démocratie. Puis nous mettons l’accent sur les enjeux d’un dialogue entre modèle républicain de la démocratie contestataire et modèle épistémique. Enfin, le texte propose un résumé du parcours proposé dans le cadre de ce dossier. | : This introduction brings out the main lines of the articles collected in the present issue. Our aim is to provide the reader with a conceptual overview of the main stakes of epistemic democracy and of its intersections with the model of contestatory democracy. First, we focus on epistemic proceduralism, its contributions and the questions it raises. Second, we emphasize the way neo-pragmatism deals with the epistemic justification of democracy. Then, we insist on the interest of a dialogue between epistemic democracy and the neo-republican model of contestatory democracy. Finally, the text sums up the path followed in that issue. (shrink)

Hélène Landemore ,Aude Bandini | : Cet article présente les bases d’un argument épistémique en faveur de la démocratie définie comme procédure de décision collective. Il explore également les implications d’un tel argument épistémique par rapport à d’autres justifications établies de la démocratie, par rapport aux explications scientifiques de ses succès empiriques, et en termes de politiques publiques à mener. En ce qui concerne l’argument épistémique proprement dit, il repose sur le concept de « raison démocratique », autrement dit l’intelligence (...) collective des individus dans le domaine politique, et propose, de manière contre-intuitive, que la raison démocratique est davantage tributaire de la diversitécognitive des individus qui prennent par aux décisions que de leurs aptitudes personnelles. Généralement, l’argument de la raison démocratique complète les arguments procéduraux basés sur l’équité et l’égalité pour offrir une explication fonctionnaliste complète de la démocratie. Pour finir, cet article défend l’idée de réformes institutionnelles favorisant la participation citoyenne dans le processus de prise de décision collective. | : This paper presents the foundations of a systematic epistemic case for democracy as a collective decision-rule and explores the implications of this epistemic claim for normative justifications of democracy, scientific explanations of its empirical success, and policy reforms. As far as the epistemic case is concerned, the paper proposes an account based on the concept of “democratic reason,” or the collective intelligence of the people in politics. The paper argues that, counter-intuitively, democratic reason is more a function of the cognitive diversity of the individuals taking part in the decision than of their individual ability. As an account of democracy’s epistemic benefits, the argument from democratic reason supplements procedural accounts based on fairness and equality to provide a complete functionalist explanation of democracy. Finally, the argument supports policy reforms increasing citizens’ participation in the collective decision-process. (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)

This paper takes stock of a recent but growing movement within the field of deliberative democracy, which normatively argues for the epistemic dimension of democratic authority and positively defends the truth-tracking properties of democratic procedures. Authors within that movement call themselves epistemic democrats, hence the recognition by many of an ‘epistemic turn’ in democratic theory. The paper argues that this turn is a desirable direction in which the field ought to evolve, taking it beyond the ‘fact of disagreement’ that had (...) previously blocked the conceptual road to acknowledging more than intrinsic properties to democratic decision procedures. The paper shows how two authors in particular – Joshua Cohen and David Estlund – have successfully lifted the Rawlsian requirement of epistemic abstinence and defends epistemic democrats and the implications of the epistemic turn in democratic theory against various misconceptions. (shrink)

On September 3, 2015, the Political Epistemology/ideas, Knowledge, and Politics section of the American Political Science Association sponsored a roundtable on epistemic democracy as part of the APSA’s annual meetings. Chairing the roundtable was Daniel Viehoff, Department of Philosophy, University of Sheffield. The other participants were Jack Knight, Department of Political Science and the Law School, Duke University; Hélène Landemore, Department of Political Science, Yale University; and Nadia Urbinati, Department of Political Science, Columbia University. We thank the participants for permission (...) to republish their remarks, which they edited for clarity after the fact. (shrink)

This article aims to critically evaluate the recent proposals of Confucian political meritocracy by focusing on two sets of questions: the first set on the connection between traditional Confuciani...

The current discussion on the relationship of epistemic justice to democracy focuses on its relationship to deliberative democracy. This article concerns the relationship of epistemic justice—specifically, testimonial justice which I call “epistemic fairness”—to aggregative democracy or democracy by voting. The aim of this article is to establish that in a good theory of democracy, epistemic fairness is one of the founding principles of the democratic institution of voting, that is, the principles by which the democratic institution of voting is organized. (...) Under an arguably plausible interpretation, the democratic institution of voting turns out to be committed to realizing epistemic fairness. If a theory of democracy implies that epistemic fairness is a founding principle of the democratic institution of voting, a number of implications follow with respect to the issues related to the practice of voting in actual democracies, such as the problem of gerrymandering or the fairness of the aggregation rule. (shrink)

What must laypersons understand about science to allow them to make sound decisions on science-related issues? Relying on recent developments in social epistemology, this paper argues that scientific education should have the goal not of bringing laypersons' understanding of science closer to that of expert insiders, but rather of cultivating the kind of competence characteristic of “competent outsiders” (Feinstein 2011). Moreover, it argues that philosophers of science have an important role to play in attempts to promote this kind of understanding, (...) but that to successfully fulfill this role, they will have to approach central questions in the field differently. (shrink)

Recent accounts of epistemic democracy aim to show that in some qualified sense, democratic institutions have a tendency to produce reasonable outcomes. Epistemic democrats aim to offer such accounts without presupposing any narrow, controversial view of what the outcomes of democratic procedures should be, much as a good justification of a particular scientific research design does not presuppose the hypothesis that the research aims to test. The article considers whether this aim is achievable. It asks, in particular, whether accounts of (...) epistemic democracy can be reconciled with the commonly held view that disagreement about which laws and policies should be enacted is a fundamental, permanent feature of democratic politics and imposes constraints on how we justify democratic procedures. (shrink)

ABSTRACTDeliberative and decisional groups play crucial roles in most aspects of social life. But it is not obvious how to organize these groups and various socio-cognitive mechanisms can spoil debates and decisions. In this paper we focus on one such important mechanism: the misrepresentation of views, i.e. when agents express views that are aligned with those already expressed, and which differ from their private opinions. We introduce a model to analyze the extent to which this behavioral pattern can warp deliberations (...) and distort the decisions that are finally taken. We identify types of situations in which misrepresentation can have major effects and investigate how to reduce these effects by adopting appropriate deliberative procedures. We discuss the beneficial effects of holding a sufficient number of rounds of expression of views; choosing an appropriate order of speech, typically a random one; rendering the deliberation dissenter-friendly; having agents express fined-grained views. These applicable procedures help improve deliberations because they dampen conformist behavior, give epistemic minorities more opportunities to be heard, and reduce the number of cases in which an inadequate consensus or majority develops. (shrink)

This article analogises political representation to legal interpretation. It then applies the analogy to the hitherto neglected question of what political representation means for deliberative constitutionalism. The upshot is a conception of deliberative constitutionalism that, while uncompromisingly grounded in the reasoned expression of the preferences of a polity's constituents through deliberative democratic institutional innovations, mandates representatives to translate those preferences into general and abstract constitutional law. It thus enhances the deliberative contribution of citizens in the determination of constitutional meaning, while (...) preserving the value of representative institutions. (shrink)

This article presents an approach to how to make reasonable social choices when independent criteria (e.g., prioritarianism, religious freedom) fail to fully determine what to do. The article outlines different explanations of why independent criteria sometimes fail to fully determine what to do and illustrates how they can still be used to eliminate ineligible alternatives, but it is argued that the independent criteria cannot ground a reasonable social choice in these situations. To complement independent criteria when they fail to fully (...) determine what to do, it is suggested that society must engage in public deliberation by way of generating new reasons that can determine how to rank the alternatives. It is suggested that the approach to social choice presented here reveals a way of accepting the relevance of independent criteria for social choice without letting go of the idea that the attitudes of affected parties matter. (shrink)

We often prefer non-deferential belief to deferential belief. In the last twenty years, epistemology has seen a surge of sympathetic interest in testimony as a source of knowledge. We are urged to abandon ‘epistemic individualism’ and the ideal of the ‘autonomous knower’ in favour of ‘social epistemology’. In this connection, you might think that a preference for non-deferential belief is a manifestation of vicious individualism, egotism, or egoism. I shall call this the selfishness challenge to preferring non-deferential belief. The aim (...) of this paper is to meet the selfishness challenge by arguing that non-deferential belief is socially valuable. (shrink)

Epistemic democracy is standardly characterized in terms of “aiming at truth”. This presupposes a veritistic conception of epistemic value, according to which truth is the fundamental epistemic goal. I will raise an objection to the standard (veritistic) account of epistemic democracy, focusing specifically on deliberative democracy. I then propose a version of deliberative democracy that is grounded in non-veritistic epistemic goals. In particular, I argue that deliberation is valuable because it facilitates empathetic understanding. I claim that empathetic understanding is an (...) epistemic good that doesn’t have truth as its primary goal. (shrink)

Epistemic justifications for democracy have been offered in terms of two different aspects of decision-making: voting and deliberation, or ‘votes’ and ‘talk.’ The Condorcet Jury Theorem is appealed to as a justification in terms votes, and the Hong-Page “Diversity Trumps Ability” result is appealed to as a justification in terms of deliberation. Both of these, however, are most plausibly construed as models of direct democracy, with full and direct participation across the population. In this paper, we explore how these results (...) hold up if we vary the model so as to reflect the more familiar democratic structure of a representative hierarchy. We first recount extant analytic work that shows that representation inevitably weakens the voting results of the Condorcet Jury Theorem, but we question the ability of that result to shine light on real representative systems. We then show that, when we move from votes to talk, as modeled in Hong-Page, representation holds its own and even has a slight edge. (shrink)

During the course of life, it is common to make some decisions that prove to be correct. Some of these choices are made without a specific reason, but only out of habit or intuitively, while others are based on judgments and motivations. However, when we claim that a decision is “right”, what kind of judgment are we referring to? On the one hand, the term “right” (or “wrong”) often refers to abstract norms. Usually, truth and falsehood serve as criteria in (...) these cases. In such situations, judgments about what is “right” or “wrong” depend strictly on an accurate rational evaluation, which is instrumental in guiding individuals to undertake or avoid certain actions. On the other hand, there is a sense of justice that concerns ethics and values. In these circumstances, a decision is generally considered “right” if it is based on a criterion of judgment that allows individuals to make a decision freely, without being bound by an abstract norm, but rather by elaborating the choice as the realization of what they consider good and just. In this paper will examine and redefine the concept of “right choice”, acknowledging the above mentioned dual nature of its meaning. It will be argued there is a link between what abstract norms dictate to do, in order to reach a formally correct decision, and what, instead, depends on merely reasons and attitudes. This connection is indeed ensured by wise decisions. (shrink)

In my paper, I comment on Rainer Forst's paper in this issue. I raise doubts as to whether the justification of democracy emerges from a fundamental moral right to reciprocal and general justification, as Forst claims. His basic argument appears questionable because democracy is different from a “hypothetical‐consent‐conception” of moral legitimacy, which limits as well as enables democratic legitimacy. The former cannot, however, justify the latter through an argument centered on self‐government: Such an argument relies heavily on the possibility of (...) consensus, thus neglecting the crucial phenomenon of disagreement or dissent. As a result of not adequately dealing with this phenomenon, the argument is unable to account for the basic democratic principle of majority rule as the remedy at hand. (shrink)

If democracy is to be understood as government by and for the people, popular judgment has to be competent : decision-making procedures need to be both inclusive and effective. In this paper I consider a condition for the competence of the people : the existence of a public sphere propitious to the public contestation of political decisions. By comparing the contestatory (Pettit) and epistemic (Cohen, Estlund) models of democracy, I first show that contestability can only ground democratic legitimacy if popular (...) contestation operates partly via the public sphere. I then claim that that it is unrealistic to expect that the actions of media agents will spontaneously produce an appropriate deliberative context provided that freedom of expression and media pluralism are legally protected, as some suggest (Page). Finally, I conclude that the space for public contestation must be instituted, which implies that the regulatory resources offered by journalistic ethics, social criticism and media law should be exploited. (shrink)

Deliberative democracy has been castigated by those who regard it as exclusive and elitist because of its failure to take into account a range of structural inequalities existing within contemporar...

Deliberative democracy has been castigated by those who regard it as exclusive and elitist because of its failure to take into account a range of structural inequalities existing within contemporary liberal democracies. As a result, it is suggested, deliberative arenas will merely reproduce these inequalities, advantaging the already powerful extolling mainstream worldviews excluding the interests of the less powerful and those expounding alternative worldviews. Moreover, the tactics employed by those excluded social movements seeking to right an injustice are typically those (...) – involving various forms of protest and direct action – which are incompatible with the key characteristics of deliberatively democracy. This paper seeks to examine the case against deliberative democracy through the prism of animal rights. It will be argued that the critique of deliberative democracy, at least in the case of animal rights, is largely misplaced because it underestimates the rationalistic basis of animal rights philosophy, misunderstands the aspirational character of deliberative theory and mistakenly attributes problems that are not restricted to deliberation but result from interest group politics in general. It is further argued that this debate about the apparent incompatibility between the ideals of deliberative democracy and non-deliberative activism disguises the potential that deliberative democracy has for advocates of animal rights and, by extension, other social movements too. (shrink)

La démocratie délibérative s’oppose fréquemment à une conception rationnelle du citoyen qui, selon ses théoriciens, ne permet pas d’atteindre une authentique démocratie. Pourtant, la démocratie délibérative souffre elle-même de difficultés théoriques importantes dont une partie des solutions a déjà été abordée dans la théorie du choix rationnel. Nous voulons montrer que le choix rationnel, dans sa version « étendue », peut servir à améliorer la démocratie délibérative sans pour autant en ébranler ses fondements. Nous effectuerons d’abord un survol de la (...) démocratie délibérative, en insistant sur les questions de formation et d’expression des préférences des citoyens dans l’agora. Nous y découvrirons certaines difficultés théoriques que nous tenterons par la suite de résoudre par un ensemble de mécanismes issus de la théorie du choix rationnel. Parallèlement, nous verrons que la délibération raisonnable est possible dans un paradigme rationnel, que nous appelons la « délibération circonstancielle ».Deliberative democracy frequently rejects the rational citizen model since, according to its proponents, it would not yield a proper democracy. And yet, deliberative democracy contains important theoretical difficulties, some of which have been dealt with by rational-choice theory. We intend to show that a “broad” version of rational-choice theory can actually improve deliberative democracy without condemning its foundations. First, we will briefly examine deliberative democracy, focusing on the formation and expression of citizens’preferences in the agora. Some theoretical problems will be identified; several mechanisms drawn from rational-choice theory will be used to try to solve them. Simultaneously, we will see that reasonable deliberation is possible in a rational-choice paradigm, in a model I call “circumstantial deliberation”. (shrink)

In this paper I offer a distinctive epistemic rationale for the liberal practice of constant and ostentatious reason-giving in the political context. Epistemic trust is essential to democratic governance because as citizens we can only make informed decisions by relying on the claims of moral, scientific, and practical authorities around us. Yet rational epistemic trust is also uniquely fragile in the political context in light of both the radical inclusiveness of the relevant epistemic community (i.e., everyone who participates in the (...) political process) and the conflicting interests bound up in policy debate. I argue that liberal justification is a necessary condition for warranted epistemic trust in this context, and therefore a necessary condition for healthy public inquiry about politically significant questions. (shrink)

How can democratic governments be relied upon to achieve adequate political knowledge when they turn over their authority to those of no epistemic distinction whatsoever? This deep and longstanding concern is one that any proponent of epistemic conceptions of democracy must take seriously. While Condorcetian responses have recently attracted substantial interest, they are largely undermined by a fundamental neglect of agenda-setting. I argue that the apparent intractability of the problem of epistemic adequacy in democracy stems in large part from a (...) failure to appreciate the social character of political knowledge. A social point of view brings into focus a number of vital factors that bear on our understanding of democratic epistemology and our assessment of its prospects: the essential role of inclusive deliberation, the public's agenda-setting function, institutional provisions for policy feedback, the independence of expert communities, and the knowledge-pooling powers of markets. (shrink)

The primary instrument of dispute management in political liberalism is a form of political thinking and talking that tries to reconcile opposed positions with an impartial settlement based on fair arrangements and mutual respect, one that is careful to treat rival views equitably, and reasoned through from start to finish with open methods that lead to a public justification understandable to the disputants. But this model of reasoning is notoriously deficient in resolving disputes among radically different communities. A more effective (...) form of political reasoning for these disputes that yet respects the background values of liberalism is found in the languages of state depicted in realist accounts of international relations. These languages avoid liberal appeals to be reasonable, reciprocity controlled by moral criteria, and the quest for common reasons. They represent a deliberative search for an accord that will meet the interests of the disputing parties as they define these interests and understand the settlements, and in this sense are welcome models to manage divisive issues in pluralist democracies. A complete version of political reasoning would contain both liberal and realpolitik models and a mechanism to adjudicate the appropriate uses of each model. (shrink)

Is international judicial human rights review anti-democratic and therefore illegitimate, and objectionably epistocratic to boot? Or is such review compatible with—and even a recommended component of—an epistemic account of democracy? This article defends the latter position, laying out the case for the legitimacy, possibly democratic legitimacy of such judicial review of democratically enacted legislation and policy-making. The article first offers a brief conceptual sketch of the kind of epistemic democracy and the kind of international human rights courts of concern—in particular (...) the European Court of Human Rights. The article goes on to develop some of the relevant aspects of democratic theory: components of an epistemic justification for democratic majority rule, namely to determine whether proposed policy and legislation bundles are just, and providing assurance thereof. Several critical premises and scope conditions are noted. The article goes on to consider the case for international judicial review, arguing that such review helps secure those premises and scope conditions. The article finally considers the scope such review should have—and some objections to such an account. (shrink)

Is international judicial human rights review anti-democratic and therefore illegitimate, and objectionably epistocratic to boot? Or is such review compatible with—and even a recommended component of—an epistemic account of democracy? This article defends the latter position, laying out the case for the legitimacy, possibly democratic legitimacy of such judicial review of democratically enacted legislation and policy-making. The article first offers a brief conceptual sketch of the kind of epistemic democracy and the kind of international human rights courts of concern—in particular (...) the European Court of Human Rights. The article goes on to develop some of the relevant aspects of democratic theory: components of an epistemic justification for democratic majority rule, namely to determine whether proposed policy and legislation bundles are just, and providing assurance thereof. Several critical premises and scope conditions are noted. The article goes on to consider the case for international judicial review, arguing that such review helps secure those premises and scope conditions. The article finally considers the scope such review should have—and some objections to such an account. (shrink)

The normative and metanormative pluralism that figures among core self-descriptions of democratic theory, which seems incompatible with democratic theorists’ practical ambitions, may stem from the internal logic of research traditions in the social sciences and humanities and in the conceptual structure of political theory itself. One way to deal productively with intradisciplinary diversity is to appeal to the idea of a meta-consensus; another is to appeal to the argument from cognitive diversity that fuels recent debates on epistemic democracy. For different (...) reasons, both strategies fail, such that a metatheoretical step aside may be desirable, one that entails modeling democratic theory after the public justification approach. (shrink)

In judgment aggregation, unlike preference aggregation, not much is known about domain restrictions that guarantee consistent majority outcomes. We introduce several conditions on individual judgments su¢ - cient for consistent majority judgments. Some are based on global orders of propositions or individuals, others on local orders, still others not on orders at all. Some generalize classic social-choice-theoretic domain conditions, others have no counterpart. Our most general condition generalizes Sen’s triplewise value-restriction, itself the most general classic condition. We also prove a (...) new characterization theorem: for a large class of domains, if there exists any aggregation function satisfying some democratic conditions, then majority voting is the unique such function. Taken together, our results provide new support for the robustness of majority rule. (shrink)

Zusammenfassung: Das Internet bietet die Möglichkeit, eine beliebig große Anzahl von Personen durch unterschiedliche Formen der Deliberation und Beschlussfassung politisch einzubinden. Insbesondere im kommunalen Kontext wird die Online-Partizipation – etwa im Rahmen städtischer Bürgerhaushalte – bereits vielfach als Mittel erprobt, um die soziale Akzeptanz und Legitimität politischer Entscheidungen zu erhöhen. Die Legitimität demokratischer Verfahren hängt neben anderen Faktoren maßgeblich von der Konstitution des Demos und der damit festgelegten Allokation der Teilnahmerechte ab. In historischer Perspektive hat vor allem die Exklusion bestimmter (...) Gruppen, insbesondere von Frauen, Besitzlosen oder nichtweißen Personen, die Legitimität klassischer Offline-Verfahren, wie z. B. Parlamentswahlen, in Frage gestellt. Die neuen Formen der Online-Partizipation bergen hingegen – so die zentrale These des Aufsatzes – die Gefahr der Über-Inklusivität, weil sie häufig auf jegliche Zugangsbeschränkung verzichten. Selbst wenn die Verfahren, wie in der Praxis üblich, einen konsultativen Charakter haben und die politischen Entscheidungsträger formal nicht binden, führt ihre Offenheit zu Legitimationsproblemen. Daraus entsteht die Notwendigkeit, normative Kriterien für die Vergabe von Partizipationsrechten zu entwickeln, die den Besonderheiten der Online-Deliberation angemessen Rechnung tragen. (shrink)

The contemporary theory of epistemic democracy often draws on the Condorcet Jury Theorem to formally justify the ‘wisdom of crowds’. But this theorem is inapplicable in its current form, since one of its premises – voter independence – is notoriously violated. This premise carries responsibility for the theorem's misleading conclusion that ‘large crowds are infallible’. We prove a more useful jury theorem: under defensible premises, ‘large crowds are fallible but better than small groups’. This theorem rehabilitates the importance of deliberation (...) and education, which appear inessential in the classical jury framework. Our theorem is related to Ladha's (1993) seminal jury theorem for interchangeable (‘indistinguishable’) voters based on de Finetti's Theorem. We also prove a more general and simpler such jury theorem. (shrink)

This essay examines certain epistemic problems facing administrative states’ efforts to draft efficient regulations for their societies. I argue that a basic feature of the administrative state’s authority, namely its monopoly over the production of legally binding rules for all members of a geographically defined society, creates epistemic problems that impede efficient rule-making. Specifically, the administrative state’s monopoly over the production of legally binding rules prevents multiple public policies from being simultaneously implemented and compared. The resulting singularity of administrative states’ (...) regulatory decisions prevents observation of the counterfactual effects of policies that were possible but which were not implemented. The absence of observable policy counterfactuals frustrates efforts to assess the efficiency of administrative states’ decisions, as it is impossible to determine whether different policies would have generated greater benefits at lower cost than the policy the state implemented. As these epistemic problems are derived from the singularity of administrative states’ decisions, they exist independently of principal agent problems, suboptimal incentives, or the preferences and capabilities of administrative personnel. (shrink)

The recent proliferation of AI scandals led private and public organisations to implement new ethics guidelines, introduce AI ethics boards, and list ethical principles. Nevertheless, some of these efforts remained a façade not backed by any substantive action. Such behaviour made the public question the legitimacy of the AI industry and prompted scholars to accuse the sector of ethicswashing, machinewashing, and ethics trivialisation—criticisms that spilt over to institutional AI ethics boards. To counter this widespread issue, contributions in the literature have (...) proposed fixes that do not consider its systemic character and are based on a top-down, expert-centric governance. To fill this gap, we propose to make use of qualified informed lotteries: a two-step model that transposes the documented benefits of the ancient practice of sortition into the selection of AI ethics boards’ members and combines them with the advantages of a stakeholder-driven, participative, and deliberative bottom-up process typical of Citizens’ Assemblies. The model permits increasing the public’s legitimacy and participation in the decision-making process and its deliverables, curbing the industry’s over-influence and lobbying, and diminishing the instrumentalisation of ethics boards. We suggest that this sortition-based approach may provide a sound base for both public and private organisations in smart societies for constructing a decentralised, bottom-up, participative digital democracy. (shrink)

There are two principal philosophical conceptions of socialism, corresponding to two interpretations of the notion of a rational society. The first conception corresponds to an instrumental view of social rationality. Captured by the image of socialism as “one big workshop,” the instrumental view holds that social ownership of the means of production is rational because it promotes the optimal development of the productive forces. Social ownership is optimal because it eliminates the costs of coordination imposed by the conduct of economic (...) activities in formally independent enterprises, and, more generally, overcomes fetters on development that result from the control of resources by individuals whose particular interests imperfectly correspond to a general interest in productive advance. (shrink)

Theories of political legitimacy normally stipulate certain conditions of legitimacy: the features a state must possess in order to be legitimate. Yet there is obviously a second question as to the value of legitimacy: the normative features a state has by virtue of it being legitimate (such as it being owed obedience, having a right to use coercion, or enjoying a general justification in the use of force). I argue that it is difficult to demonstrate that affording these to legitimate (...) states is morally desirable, and that obvious alternative conceptions of the value of legitimacy (notably epistemic and instrumental) are not without problems of their own. The intuitive triviality of establishing the value of normative legitimacy may mask a serious problem. (shrink)

Analysis of the nature of voting is fundamental to an understanding of the nature and value of democracy. Three questions ought to be distinguished concerning voting. First, how are we to conceive of the activity of voting? What is its nature? Second, what is it that people aim at when they vote? What are the grounds on which people vote, the reasons with which they justify their vote? And third, what ought people to aim at when they vote? What are (...) the relevant grounds for voting in one way or another? These last are explicitly normative questions. At times individuals vote on the basis of concerns which are not appropriate to the issues involved. The first question is not a question of psychology or of value; it is a metaphysical question. What is the nature of voting? How is it possible to count votes? Two answers are widely given in the literature. The first is that voting consists in the expression of preference. On this kind of view, either a vote is a preference or it is a fairly direct and unambiguous expression of the preference of the voter. (shrink)