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)

In this article I argue that including relaxed epistemic values in the justification of democracy through a pragmatist and non-monist approach is compatible with the democratic values of self-rule and pluralism (which are often seen as incompatible with "political truth"). First, I contend that pragmatist epistemology offers a more suitable approach to politics instead of the correspondence theory of finding "the one truth". Secondly, I argue that instead of choosing between monist (purely epistemic or procedural) accounts of justification of democracy (...) we should see epistemic values as part of a hybrid interpretation. Thirdly, I argue that epistemic values in democracy should be interpreted in a non-demanding way. Fourth and corresponding to previous points, I claim weak political cognitivism is phenomenologically most plausible for the democratic participant. I then continue to show that both the values of autonomy and pluralism, which are often considered antithetical to truth-claims, can be accommodated and even enhanced by epistemic values in the justification of democracy. (shrink)

Does pre-voting group deliberation increase majority competence? To address this question, we develop a probabilistic model of opinion formation and deliberation. Two new jury theorems, one pre-deliberation and one post-deliberation, suggest that deliberation is beneficial. Successful deliberation mitigates three voting failures: (1) overcounting widespread evidence, (2) neglecting evidential inequality, and (3) neglecting evidential complementarity. Formal results and simulations confirm this. But we identify four systematic exceptions where deliberation reduces majority competence, always by increasing Failure 1. Our analysis recommends deliberation that (...) is 'participatory', 'neutral', but not necessarily 'equal', i.e., that involves substantive sharing, privileges no evidences, but might privilege some persons. (shrink)

In normative political theory, it is widely accepted that democracy cannot be reduced to voting alone, but that it requires deliberation. In formal social choice theory, by contrast, the study of democracy has focused primarily on the aggregation of individual opinions into collective decisions, typically through voting. While the literature on deliberation has an optimistic flavour, the literature on social choice is more mixed. It is centred around several paradoxes and impossibility results identifying conflicts between different intuitively plausible desiderata. In (...) recent years, there has been a growing dialogue between the two literatures. This paper discusses the connections between them. Important insights are that (i) deliberation can complement aggregation and open up an escape route from some of its negative results; and (ii) the formal models of social choice theory can shed light on some aspects of deliberation, such as the nature of deliberation-induced opinion change. (shrink)

Social choice theory is the study of collective decision processes and procedures. It is not a single theory, but a cluster of models and results concerning the aggregation of individual inputs (e.g., votes, preferences, judgments, welfare) into collective outputs (e.g., collective decisions, preferences, judgments, welfare). Central questions are: How can a group of individuals choose a winning outcome (e.g., policy, electoral candidate) from a given set of options? What are the properties of different voting systems? When is a voting system (...) democratic? How can a collective (e.g., electorate, legislature, collegial court, expert panel, or committee) arrive at coherent collective preferences or judgments on some issues, on the basis of its members' individual preferences or judgments? How can we rank different social alternatives in an order of social welfare? Social choice theorists study these questions not just by looking at examples, but by developing general models and proving theorems. (shrink)

This dissertation puts American philosophers and social reformers, Jane Addams (1860-1935) and John Dewey (1859-1952), in conversation with contemporary social and political philosopher, Iris Marion Young (1949-2006), to argue that an account of deliberative equality must make conceptual space to name the problem of ‘communicatively structured deliberative inequality’. I argue that in order for participatory democracy theory to imagine and construct genuinely inclusive deliberative spaces, it must be grounded in a relational ontology and pragmatist feminist social epistemology. The literature has (...) largely developed deliberative inequality in terms of access (e.g., participation costs) and ‘impoverished capacities’ for political participation (e.g., political-process illiteracy; public debate skills). This literature has failed to appreciate the communicative dimensions of deliberative inequality. Individuals who occupy historically stigmatized social groups may participate at a communicatively structured disadvantage in participatory forums not because of their own impoverished capacities, but because of the identity-prejudiced stereotypes of their interlocutors. Chapter 1 situates Young’s communicative democracy in contemporary deliberative democracy literature and shows the inadequacies of liberal individualism, assumed by much of traditional deliberative theory, for naming and addressing the problem of communicatively structured deliberative inequality. Chapter 2 draws on literature in feminist and resistance epistemologies as well as the social identity approach within contemporary social psychology theory to flesh out the problem of communicatively structured deliberative inequality. Here, I provide a relational ontology of prejudice and examine it’s impact on one’s epistemic and deliberative standing. Chapter 3 draws on the work of Addams and Dewey to develop a relational ontology of political agency as well as the pragmatist feminist epistemology of communicative democracy. Addams and Dewey, like Young, saw exclusion as a serious social and political problem, and they looked to democratic norms and practices as a resource for social justice. Thus, Chapter 4 looks to Addams and Dewey’s writings and Addams’s leadership at Hull House as a resource for communicative democracy, and more particularly, for addressing deliberative inequality and imagining and constructing inclusive deliberative spaces in light of the problem of communicatively structured deliberative inequality. (shrink)

I am grateful to Geoffrey Brennan, Campbell Brown, Franz Dietrich, Christian Elsholtz, Robert Goodin, Frank Jackson and David Soskice for very helpful comments and suggestions; and to the participants of a Social and Political Theory seminar at the ANU in February 2003 and the participants of a conference panel of the Australasian Association of Philosophy at the University of Adelaide in July 2003 for comments and discussion.

This dissertation addresses a debate about the proper relationship between democratic theory and institutions. The debate has been waged between two rival approaches: on the one side is an aggregative and economic theory of democracy, known as constitutional economics, and on the other side is deliberative democracy. The two sides endorse starkly different positions on the issue of what makes a democracy legitimate and stable within an institutional setting. Constitutional economists model political agents in the same way that neoclassical economists (...) model economic agents, that is, as self-regarding, rational maximizers; so that evaluations of democratic legitimacy and stability depend on the extent to which the design of institutional rules and practices maximize individual utility by promoting efficient schemes of collective choice. Deliberative democrats, on the other hand, understand political agents as communicative reason-giving subjects who justify their preferences and positions on issues that jointly affect them in a process of consensus-directed discourse, or deliberation; so that evaluations of democratic legitimacy and order depend on the degree to which institutional norms and practices promote deliberation and draw upon deliberated public judgment. I argue that despite the numerous incompatibilities between constitutional economics and deliberative democracy—which amount to a 'deep divide'—an opportunity to produce a genuine synthesis of the two approaches arises inasmuch as it is possible to overcome several points of opposition in their separate research programmes. The central thesis of the dissertation is that it is possible to construct a bridge spanning the divide between constitutional economists and deliberative democrats, and that Dewey and Bentley's transactional view can facilitate this bridge-building project. Pursuant to this end, the points of opposition between the v research programmes are mediated by way of five concepts which, on balance, favor deliberative democracy and its feasible institutionalization. (shrink)

In this study I analyse the performance of a democratic decision-making rule: the weighted majority rule. It assigns to each voter a number of votes that is proportional to her stakes in the decision. It has been shown that, for collective decisions with two options, the weighted majority rule in combination with self-interested voters maximises the common good when the latter is understood in terms of either the sum-total or prioritarian sum of the voters’ well-being. The main result of my (...) study is that this argument for the weighted majority rule — that it maximises the common good — can be improved along the following three main lines. (1) The argument can be adapted to other criteria of the common good, such as sufficientarian, maximin, leximin or non-welfarist criteria. I propose a generic argument for the collective optimality of the weighted majority rule that works for all of these criteria. (2) The assumption of self-interested voters can be relaxed. First, common-interest voters can be accommodated. Second, even if voters are less than fully competent in judging their self-interest or the common interest, the weighted majority rule is weakly collectively optimal, that is, it almost certainly maximises the common good given large numbers of voters. Third, even for smaller groups of voters, the weighted majority rule still has some attractive features. (3) The scope of the argument can be extended to decisions with more than two options. I state the conditions under which the weighted majority rule maximises the common good even in multi-option contexts. I also analyse the possibility and the detrimental effects of strategic voting. Furthermore, I argue that self-interested voters have reason to accept the weighted majority rule. (shrink)

Can compensation repair the moral harm of a previous wrongful act? On the one hand, some define the very function of compensation as one of restoring the moral balance. On the other hand, the dominant view on compensation is that it is insufficient to fully repair moral harm unless accompanied by an act of punishment or apology. In this paper, I seek to investigate the maximal potential of compensation. Central to my argument is a distinction between apologetic compensation and non-apologetic (...) compensation. Apologetic compensation, I argue, is an act that expresses regret and apology by means of some offer of money, goods, or services. Non-apologetic compensation is an act that seeks to restore loss or harm without expressing regret or apology. In the paper, I defend the view that acts of compensation can be apologetic and argue that such apologetic compensation is sufficient for moral repair. (shrink)

The article analyses the necessary conditions an argument for popular punishment would need to meet, and argues that it faces the challenge of a dilemma of reasonableness: either popular views on punishment are unreasonable, in which case they should carry no weight, or they are reasonable, in which case the reasons that support them, not the views, should carry weight. It proceeds to present and critically discuss three potential solutions to the dilemma, arguing that only an argument for the beneficial (...) effects of coherence between popular views and penal policy is persuasive, but that it makes popular punishment less important than proponents claim, and offers a justification proponents will find it difficult to advance. (shrink)

Riker (1982) famously argued that Arrow’s impossibility theorem undermined the logical foundations of “populism”, the view that in a democracy, laws and policies ought to express “the will of the people”. In response, his critics have questioned the use of Arrow’s theorem on the grounds that not all configurations of preferences are likely to occur in practice; the critics allege, in particular, that majority preference cycles, whose possibility the theorem exploits, rarely happen. In this essay, I argue that the critics’ (...) rejoinder to Riker misses the mark even if its factual claim about preferences is correct: Arrow’s theorem and related results threaten the populist’s principle of democratic legitimacy even if majority preference cycles never occur. In this particular context, the assumption of an unrestricted domain is justified irrespective of the preferences citizens are likely to have. (shrink)

In democracies citizens are supposed to have some control over the general direction of policy. According to a pretheoretical interpretation of this idea, the people have control if elections and other democratic institutions compel officials to do what the people want, or what the majority want. This interpretation of popular control fits uncomfortably with insights from social choice theory; some commentators—Riker, most famously—have argued that these insights should make us abandon the idea of popular rule as traditionally understood. This article (...) presents a formal theory of popular control that responds to the challenge from social choice theory. It makes precise a sense in which majorities may be said to have control even if the majority preference relation has an empty core. And it presents a simple game-theoretic model to illustrate how majorities can exercise control in this specified sense, even when incumbents are engaged in purely re-distributive policymaking and the majority rule core is empty. (shrink)

The most popular conceptions of democratic legitimacy incur in serious difficulties in dealing consistently with two dimensions of democratic legitimacy which seem to be naturally associated with it: the procedural dimension, associated with the fairness of the decision making process; and the epistemic dimension, associated with the correction of the outputs. In this paper I argue that such tension arises from the adoption of a “veritistic-consequentialist” social epistemology; it is possible to deal with that tension by replacing this problematic epistemological (...) conception with a pragmatist procedural social epistemology, and c) such replacement leads institutional design to an experimentalist orientation. (shrink)

Frente al sistema político liberal, basado en la agregación de intereses egoístas, los teóricos de la democracia deliberativa defienden la superioridad epistémica de la deliberación como método de toma de decisiones. En mi artículo pretendo tratar algunas de las cuestiones fundamentales concernientes a la democracia deliberativa como una teoría epistémica. Primero analizaré los elementos definitorios de la superioridad epistémica de la deliberación. Después expondré las diferentes formas en que los autores articulan el valor epistémico de la deliberación en sus propuestas. (...) Finalmente, abordaré los retos a los que se enfrenta esta concepción epistémica de la democracia para alcanzar las expectativas depositadas en este nuevo proceso de toma de decisiones. (shrink)

La democracia deliberativa establece el acuerdo racional como el fin de los procesos deliberativos. Sin embargo, estudios actuales muestran que en ciertas ocasiones la deliberación, lejos de producir el acuerdo, genera procesos de polarización. Una aproximación a este problema de la polarización de los procesos deliberativos ha sido desarrollada desde la neuroética por autores como Lakoff, Haidt o Hugo Mercier. Así, en este artículo pretendo, en primer lugar, abordar el enfoque de estos autores sobre la polarización. Esto permitirá extraer los (...) errores que pueda haber en sus planteamientos. Finalmente, desarrollaré una propuesta para corregir la polarización de los procesos deliberativos. (shrink)

Assuming that votes are independent, the epistemically optimal procedure in a binary collective choice problem is known to be a weighted supermajority rule with weights given by personal log-likelihood-ratios. It is shown here that an analogous result holds in a much more general model. Firstly, the result follows from a more basic principle than expected-utility maximisation, namely from an axiom (Epistemic Monotonicity) which requires neither utilities nor prior probabilities of the ‘correctness’ of alternatives. Secondly, a person’s input need not be (...) a vote for an alternative, it may be any type of input, for instance a subjective degree of belief or probability of the correctness of one of the alternatives. The case of a profile of subjective degrees of belief is particularly appealing, since here no parameters such as competence parameters need to be known. (shrink)

Theoreticians of deliberative democracy have sometimes found it hard to relate to the seemingly contradictory experimental results produced by psychologists and political scientists. We suggest that this problem may be alleviated by inserting a layer of psychological theory between the empirical results and the normative political theory. In particular, we expose the argumentative theory of reasoning that makes the observed pattern of findings more coherent. According to this theory, individual reasoning mechanisms work best when used to produce and evaluate arguments (...) during a public deliberation. It predicts that when diverse opinions are discussed, group reasoning will outperform individual reasoning. It also predicts that individuals have a strong confirmation bias. When people reason either alone or with like-minded peers, this confirmation bias leads them to reinforce their initial attitudes, explaining individual and group polarization. We suggest that the failures of reasoning are most likely to be remedied at the collective than at the individual level. (shrink)

My aim in this paper is to explain what Condorcet’s jury theorem is, and to examine its central assumptions, its significance to the epistemic theory of democracy and its connection with Rousseau’s theory of general will. In the first part of the paper I will analyze an epistemic theory of democracy and explain how its connection with Condorcet’s jury theorem is twofold: the theorem is at the same time a contributing historical source, and the model used by the authors to (...) this day. In the second part I will specify the purposes of the theorem itself, and examine its underlying assumptions. Third part will be about an interpretation of Rousseau’s theory, which is given by Grofman and Feld relying on Condorcet’s jury theorem, and about criticisms of such interpretation. In the fourth, and last, part I will focus on one particular assumption of Condorcet’s theorem, which proves to be especially problematic if we would like to apply the theorem under real-life conditions; namely, the assumption that voters choose between two options only. (shrink)