Most contemporary deliberative democrats contend that deliberation is the group activity that transforms individual preferences and behavior into mutual understanding, agreement and collective action. A critical mass of these deliberative theorists also claims that John Dewey’s writings contain a nascent theory of deliberative democracy. Unfortunately, very few of them have noted the similarities between Dewey and Robert Goodin’s theories of deliberation, as well as the surprising contrast between their modeling of deliberation as a mixed monological-dialogical process and the prevalent view (...) expressed in the deliberative democracy literature, viz., that deliberation is predominantly a dialogical process. Both Dewey and Goodin have advanced theories of deliberation which emphasize the value of internal, monological or individual deliberative procedures, though not to the exclusion of external, dialogical and group deliberation. In this paper I argue that deliberative theorists bent on appropriating Dewey’s theory of moral deliberation for political purposes should first consider Goodin’s account of ‘deliberation within’ as a satisfactory if not superior proxy, an account of deliberation which has the identical virtues of Dewey’s theory— imaginative rehearsal, weighing of alternatives and role-taking—with the addition of one more, namely, that it operates specifically within the domain of the political. (shrink)

Taken as a model for how groups should make collective judgments and decisions, the ideal of deliberative democracy is inherently ambiguous. Consider the idealised case where it is agreed on all sides that a certain conclusion should be endorsed if and only if certain premises are admitted. Does deliberative democracy recommend that members of the group debate the premises and then individually vote, in the light of that debate, on whether or not to support the conclusion? Or does it recommend (...) that members individually vote on the premises, and then let their commitment to the conclusion be settled by whether or not the group endorses the required premises? Is deliberative democracy to enforce the discipline of reason at the individual level, as in the first possibility, or at the collective level, as in the second? (shrink)

The aim of the article is to develop precise epistemic rules for good public political arguments, by which political measures in the broad sense are justified. By means of a theory of deliberative democracy, it is substantiated that the justification of a political measure consists in showing argumentatively that this measure most promotes the common good or is morally optimal. It is then discussed which argumentation-theoretical approaches are suitable for providing epistemically sound rules for arguments for such theses and for (...) the associated premises, rules whose compliance implies the truth or acceptability of the thesis. Finally, on the basis of the most suitable approach, namely the epistemological one, such systems of rules for the required types of arguments are presented that fulfil the conditions mentioned. (shrink)

Taken as a model for how groups should make collective judgments and decisions, the ideal of deliberative democracy is inherently ambiguous. Consider the idealised case where it is agreed on all sides that a certain conclusion should be endorsed if and only if certain premises are admitted. Does deliberative democracy recommend that members of the group debate the premises and then individually vote, in the light of that debate, on whether or not to support the conclusion? Or does it recommend (...) that members individually vote on the premises, and then let their commitment to the conclusion be settled by whether or not the group endorses the required premises? Deliberative-democratic theory has not addressed this issue, and this is a problem. The discursive dilemma of my title--a generalisation of the doctrinal paradox from analytical jurisprudence--shows that the procedures distinguished can come apart. Thus deliberative democrats must make up their minds on where they stand in relation to the issue; they cannot sit on the fence. This paper is an attempt to address the issue and look at the grounds on which it may be resolved. (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)

Despite Jon Elster’s caveat that the market potentially endangers the forum, Goodin insists that commercial innovations, such as the focus group and the market test, would actually strengthen democracy and citizen engagement. His thesis in this book is that governments should task members of smallscale deliberative bodies — or what he calls, in the singular, a ‘micro-public’, and what Robert Dahl before him termed a ‘mini-populus’ — to experiment with alternative solutions to public problems. While the book is a collection (...) of previously published essays, many are extensively altered and rewritten to support this thesis and to round out a literature that has recently become increasingly oriented toward deliberative practice. Indeed, Goodin is more circumspect than some of the less praxis-focused deliberative theorists — for instance, Jürgen Habermas — concerning the capacity of deliberative forums to displace traditional democratic institutions: ‘Inevitably . . . deliberative democracy can only supplement rather than supplant the institutional apparatus of representative democracy as we know it’ (7-8). The book is organized into two sections, one concerning the design and function of small-scale deliberative bodies or micro-publics, and the other devoted to deliberative activities in macro-political institutions, including the translation of micro-public recommendations into sound public policy (what is often called ‘uptake’). (shrink)

The aim of this paper is to consider whether some seats in a democratically elected legislative assembly ought to be reserved for representatives of future generations. In order to examine this question, I will propose a new democratic model for representing posterity. It is argued that this model has several advantages compared with a model for the democratic representation of future people previously suggested by Andrew Dobson. Nevertheless, the democratic model that I propose confronts at least two difficult problems. First, (...) it faces insoluble problems of representative legitimacy. Second, one might question whether this model provides a reasonably effective way to represent future interests compared with existing representative democratic institutions. Despite such problems, it is argued that political representation of posterity can be defended on the basis of fundamental ideas and ideals in recent theory of deliberative democracy. The first reason for this is that in a number of cases democratic decisions cannot be regarded as normatively legitimate from the point of view of deliberative democracy, unless posterity is given a voice. The second reason is that representation of posterity can contribute to more rational and impartial deliberations and decisions in legislative assemblies. (shrink)

An authoritative directive, when it has legitimacy, is a reason to exclude from consideration some of the reasons to act and not to act in this way. One is obliged to obey, even when one disagrees with the directive. Therefore, authority demands deference regarding how one acts, although one is free to think what one likes about that action. How can deference of this kind be compatible with freedom and rationality? That is the so-called moral problem of authority. For some, (...) authority has legitimacy in a deliberative democracy because deference to its rules better meets the demands of freedom and rationality. As I hope to show here, this line of thought does not give an adequate account of authority. If a directive is legitimate only if it has a certain content, as deliberative democrats are saying, one does not defer to but rather merely complies with such a directive. (shrink)

That technologies may raise ethical issues is now widely recognised. The ‘responsible innovation’ literature – as well as, to a lesser extent, the applied ethics and bioethics literature – has responded to the need for ethical reflection on technologies by developing a number of tools and approaches to facilitate such reflection. Some of these instruments consist of lists of questions that people are encouraged to ask about technologies – a methodology known as the ‘Socratic approach’. However, to date, these instruments (...) have often not adequately acknowledged various political impacts of technologies, which are, I suggest, essential to a proper account of the ethical issues they raise. New technologies can make some people richer and some people poorer, empower some and disempower others, have dramatic implications for relationships between different social groups and impact on social understandings and experiences that are central to the lives, and narratives, of denizens of technological societies. The distinctive contribution of this paper, then, is to offer a revised and updated version of the Socratic approach that highlights the political, as well as the more traditionally ethical, issues raised by the development of new technologies. (shrink)

In environmental ethics, the legal and political representation of non-humans is a widespread aspiration. Its supporters see representative institutions that give voice to non-humans’ interests as a promising strategy for responding to the illegitimate worldwide exploitation of non-human beings. In this article I engage critically with those who support this form of representation, and address two issues central to any account concerned with the legal and political representation of non-human living beings: what should be represented? And what are the conditions (...) of such a representation? The answers I provide to these queries count as a first step towards a comprehensive account of the institutional representation of non-human nature. (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)

ABSTRACT Mutz argues that there is an inverse correlation between deliberation and participation. However, the validity of this conclusion partly depends on how one defines deliberation and participation. Mutz's definition of deliberation as ?hearing the other side? or ?cross-cutting exposure? is narrower than a minimal conception of deliberation with which deliberative democrats could agree. First, a minimal conception of deliberation would have to revolve around the principle of a reasoned exchange of arguments, as opposed to mere exposure to dissenting views. (...) Second, Mutz's almost exclusive focus on participation as partisan activism gives the impression of an essential tension between participation and deliberation. But another form of civic participation, which I call ?critical-deliberative involvement,? is perfectly compatible with the incentives for reasoned exchange of arguments with others. We should thus encourage people to participate in politics in ways that engage their reasoning faculty, not just their party loyalty. This also requires teaching people how to disagree constructively. (shrink)

Despite an impressive philosophical pedigree, contractualism (or contractarianism) has only been properly developed in two ways: by appeal to the idea of an instrumentally rational bargain or contract between self-interested individuals (Hobbesian contractualism) and by appeal to the idea of a substantively reasonable agreement among individuals who regard one another as free and equal persons warranting equal moral respect (Kantian contractualism). Both of these existing models of contractualism are susceptible to apparently devastating objections. In this article, I outline a third, (...) `deliberative' model of contractualism, which is based on the idea of a deliberatively rational agreement and which, I argue, represents a significant improvement on the Hobbesian and Kantian models in certain important respects. Key Words: contractualism • contractarianism • deliberation • deliberative rationality • Scanlon • Gauthier. (shrink)

I argue in this paper that the process of compromising needs to be deliberative if a fair compromise is the goal. More specifically, I argue that deliberation is structurally necessary in order to achieve a fair compromise. In developing this argument, this paper seeks to overcome a problematic dichotomy that is prevalent in the literature on deliberative democracy, which is the dichotomy between compromise and deliberation. This dichotomy entails the view that the process preceding the achievement of a compromise is (...) essentially a process of negotiating or bargaining, which, I claim, should not be the case if a fair compromise is the goal. The reason for this claim is, in a nutshell, that negotiation or bargaining processes do not provide for an in-depth understanding of the reasons that each party has for holding their respective position. However, an in-depth understanding of each other’s reasons, is, as I will show, a necessary condition for achieving a fair compromise. In contrast to negotiation or bargaining, the deliberative process, by its very structure, provides for mutual understanding and is therefore a necessary condition for achieving a fair compromise. (shrink)

According to the deliberative view of democracy, the legitimacy of democratic politics is closely tied to whether the use of political power is accompanied by a process of rational deliberation among the citizenry and their representatives. Critics have questioned whether this level of deliberative capacity is even possible among modern citizenries--due to limitations of time, energy, and differential backgrounds--which therefore calls into question the very possibility of this type of democracy. In my dissertation, I counter this line of criticism, arguing (...) that deliberative democrats and their critics have both idealized the wrong kind of citizen deliberation. Citizen deliberation should not be concerned with the indeterminate project of "translating" abstract democratic principles and values into everyday cases of political problem-solving. Instead, deliberation should take the form of analogy, just as we already find it in everyday politics and affairs. When ordinary citizens use analogies, they do not derive decisions from general principles or values, but they still reason nonetheless. Seen from this analogical perspective, deliberative democracy is already a practical reality to a large degree. When an election is on the horizon, a campaign season arises in which debates, forums, and "barstool" dialogues exponentially increase the amount of citizen deliberation. In these settings, citizens can readily be seen to be mapping analogous past candidates, elections, issues, and problems onto those currently on the ballot so as to reason about them. Consequently, analogical reasoning allows citizens to treat the majority rule mechanisms that proliferate in real politics as "deliberative outlets," which is to say, as catalysts of deliberation akin to the "creative outlets" that catalyze self-expression in the arts. While citizens may recognize majority rule mechanisms as catalysts of deliberation, many democratic theorists will hesitate to embrace this vision of the practical reality of deliberative politics. Isn't analogical reasoning too low in rigor to be placed at the heart of the deliberative ideal? I develop two arguments to explain the foundational role analogy plays in deliberation and to counter such critics. First, I draw on the explosion of research on analogical reasoning over the past two decades to show that it is far more rigorous and systematic than many suppose. Second, I argue that to the extent that citizen deliberation is concerned with rational planning, rather than just reasoning in general, analogical reasoning is logically superior. When we reason about what to do, we make plans that incorporate predictions about what is likely to ensue when a given course of action is selected. However, as soon as predictions enter into deliberation, its underlying logic changes as well. The reason for this change in logic is that as our probabilistic reasoning expands, the probability of its conclusions degenerates. Therefore, when assessing probabilities, we no longer should seek decisions derived from long, elegant chains of reasoning that connect our various options to generalities like values and principles. Instead, what we need is "short and sweet," or terse, humble lines of reasoning, which are more congruent with this form of deliberation. Thus, to the extent that democratic deliberation is involved in rational planning, it calls not for the elegant, deductive kind of reasoning idealized by proponents and critics of deliberative democracy alike. Instead, democratic deliberation calls for the "short and sweet," analogical kind of decision-making we associate with ordinary citizens already. After all, as research has shown, analogies are a much preferred and rigorous way by which even experts engage in probabilistic reasoning. By focusing on analogical reasoning, I therefore conclude that the practical reality of deliberative democracy should be recognized in ways that might ordinarily be dismissed. (shrink)

A number of philosophers working in applied ethics and bioethics are now earnestly debating the ethics of what they term “moral bioenhancement.” I argue that the society-wide program of biological manipulations required to achieve the purported goals of moral bioenhancement would necessarily implicate the state in a controversial moral perfectionism. Moreover, the prospect of being able to reliably identify some people as, by biological constitution, significantly and consistently more moral than others would seem to pose a profound challenge to egalitarian (...) social and political ideals. Even if moral bioenhancement should ultimately prove to be impossible, there is a chance that a bogus science of bioenhancement would lead to arbitrary inequalities in access to political power or facilitate the unjust rule of authoritarians; in the meantime, the debate about the ethics of moral bioenhancement risks reinvigorating dangerous ideas about the extent of natural inequality in the possession of the moral faculties. (shrink)

If there is a specifically rhetorical approach to argumentation, I believe it is one that studies argumentation that is specifically rhetorical. So if we want to ask, “What is the rhetorical approach to argumentation?” we should first ask, “What is rhetorical argumentation?” It is worthwhile focusing on this question because various misleading definitions of rhetorical argumentation have been in circulation for almost as long as rhetoric has existed. Some misleading definitions see the defining property of rhetorical argumentation in the arguer’s (...) aim. And that aim, which is often assumed to override all the arguer’s other considerations, is strategic: to persuade his hearer(s) by any available means and .. (shrink)

This article provides two empirical evaluations of deliberation. Given that scholars of deliberation often argue for its importance without empirical support, we first examine whether there is a "deliberative difference"; if actors engaging in deliberation arrive at different decisions than those who think on their own or "just talk." As we find a general convergence within deliberation scholarship around reasons and inclusion, the second test examines whether these two specific mechanisms are central to deliberation. The first evaluation looks at outcomes (...) within a laboratory setting; the second at videotapes of decision-making processes within this setting. Our results show two things. First, in terms of outcomes, deliberation differs from other forms of interaction. Second, reasons and inclusion are central to the deliberative process. The more reasons provided within each group, the more likely participants were to change their position; similarly, the more inclusive groups were, the more likely participants were to change their position. We conclude by arguing that more work needs to be done, both in evaluating the deliberative difference and in disaggregating deliberation and examining its central explanatory mechanisms. (shrink)

Recently, natural scientists have begun to support an interpretive turn in ecology. Yet the ethical implications of interpreting nature have not been sufficiently addressed. In this essay, I use different interpretations of nature to make three distinct but related points relevant to forestry : ecological narratives should be evaluated on the basis of ethical norms, the choice of which interpretations of nature and ethical norms to use in environmental policy should be conducted by a process of public deliberation, and scientific (...) narratives should be denied a priori privilege over non-scientific interpretations of nature for policy purposes. (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)

Two features characterize new and emerging technosciences. The first one is the production of peculiar ontologies. The human agent is confronted with a biophysical world the contingent, indeterminate character of which does not hamper but expands the scope of purposeful action. Uncertainty is increasingly regarded as a resource for an expanding will rather than a drawback for a disoriented agent. The second feature is that ethics is increasingly considered as the core regulatory means of this messy, ever-changing world. The ambivalences (...) of the ethical government of contingent assemblages are discussed by focusing on the governmentality perspective. The latter helps to make sense of the regulatory alliance between ethics and technoscience. A reflection on Foucault’s account of ethics shows that the emancipatory role of the latter is today hampered by its embroilment with the instrumental reason it aims to govern, nor can older models of ethical commitment find any straightforward application. Mapping the issue in terms of mutual constitution of power, potentiality and possibility gives salience to a particular question: what we are able not to do. (shrink)

Argumentation as the public exchange of reasons is widely thought to enhance deliberative interactions that generate and justify reasonable public policies. Adopting an argumentation-theoretic perspective, we survey the norms that should govern public argumentation and address some of the complexities that scholarly treatments have identified. Our focus is on norms associated with the ideals of correctness and participation as sources of a politically legitimate deliberative outcome. In principle, both ideals are mutually coherent. If the information needed for a correct deliberative (...) outcome is distributed among agents, then maximising participation increases information diversity. But both ideals can also be in tension. If participants lack competence or are prone to biases, a correct deliberative outcome requires limiting participation. The central question for public argumentation, therefore, is how to strike a balance between both ideals. Rather than advocating a preferred normative framework, our main purpose is to illustrate the complexity of this theme. (shrink)

Journal of Political Philosophy, EarlyView.

The goal of this dissertation is to specify the feasibility conditions of compromise. More specifically, the goal of this dissertation is to specify the conditions of increasing the feasibility of compromise. The underlying assumption here is that feasibility is a scalar concept, meaning that a socio-political ideal can be feasible to different degrees (Lawford-Smith 2013). In order to specify the conditions of increasing the feasibility of compromise, it is necessary to first identify potential feasibility constraints. The main chapters of this (...) dissertation are devoted to this task. -/- My research identifies two kinds of feasibility constraints that compromise potentially faces: A psychological feasibility constraint on realizing moral compromise (i.e. compromise on moral issues) and a structural feasibility constraint on realizing fair compromise. The psychological feasibility constraint consists in what I call an “affective aversion” to compromise. Affective aversion designates a deep emotional reluctance to compromise on moral values, which, I propose, can be reduced by cultivating an affective attitude of respect for other persons. The structural feasibility constraint refers to the process through which a compromise is achieved. I argue that if a fair compromise is the goal, the process of compromising needs to be based on deliberation rather than on the negotiation or bargaining processes that are commonly associated with compromise. Based on these results, my research indicates a) that an affective cultivation of respect is a condition for increasing the feasibility of moral compromise; and b) that deliberation, not negotiation or bargaining, is a condition for increasing the feasibility of fair compromise. (shrink)

Contributing to an understanding of the true virtues of argumentation, this paper sketches and exemplifies a theoretically reasoned but simple typology of argumentative vices or ‘malpractices’ that are rampant in political debate in modern democracies. The typology reflects, in negative, a set of argumentative norms, thus making a bid for something that civic instruction might profitably teach students at all levels about deliberative democracy.

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)

Theories of deliberative democracy maintain that outcomes of democratic deliberation are fairer than outcomes of mere aggregation of preferences. Theorists of impartial justice, especially Rawls and Sen, emphasize the role of deliberative processes for making just decisions. Democratic deliberation seems therefore to provide a model of impartial decision-making applicable in the real world. However, various types of cognitive and affective biases limit individual capacity to see things from others’ perspectives. In this paper, two strategies of enhancing impartiality in real world (...) decision-making are discussed. The first involves decision-making processes which detach decision-makers from their particular interests, whereas the second aims to enhance the quality of democratic deliberation and empathetic reasoning. We conclude that new forms of democratic deliberation may be necessary if we hold on to the aspiration of making decisions which are both democratic and impartial. (shrink)

Until relatively recently, few democrats had much to say about the constitution of the ‘demos' that ought to rule. A number of recent writers have, however, argued that all those whose interests are affected must be enfranchised if decision-making is to be fully democratic. This article criticizes this approach, arguing that it misunderstands democracy. Democratic procedures are about the agency of the people so only agents can be enfranchised, yet not all bearers of interests are also agents. If we focus (...) on agency, rather than who is affected, then this leads us to focus on the permissible limits of action, rather than who makes the decision. Just as individual sovereignty is ordinarily limited by the requirement not to injure others, we may apply similar restrictions to what a demos can permissibly do. Thus, any collection of individuals may choose to regulate their affairs collectively for mutual benefit, but should be prohibited from imposing negative externalities on outsiders. On this view, the constitution or definition of the demos is arbitrary, from the democratic point of view. Moreover, democracy does not require the expansion of the franchise, unless injuries cannot be avoided. (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)

Negotiation and deliberation are two context types or genres of discourse widely studied in the argumentation literature. Within the pragma-dialectical framework, they have been characterised in terms of the conventions constraining the use of argumentative discourse in each of them. Thanks to these descriptions, it has become possible to analyse the arguers’ strategic manoeuvres and carry out more systematic, context-sensitive evaluations of argumentative discussions. However, one issue that still must be addressed in the pragma-dialectical theory—and other contextual approaches to argumentation—is (...) how to distinguish negotiation and deliberation in practice. In this paper, I seek to develop criteria that can help the analyst identify them in discourse. To this end, I characterise the felicity conditions of the superordinate speech acts defining and structuring deliberation and negotiation encounters. (shrink)

Contemporary political liberalism defends the view that any legitimate law ought to be justified to those reasonable citizens subject to it. A standard way in which to accomplish this task is to construct a set of public reasons, comprised of constitutional essentials and public democratic values, which are then used to justify all political mandates. The dissertation begins with a criticism of this process of justification for outcomes of legitimate procedures of public decision-making. It argues that given how reasons contribute (...) to judgment formation, it is highly optimistic to assume that reasonable consent on procedures of collective decision-making correspond to the justifiability of procedural outcomes. Instead, I argue for an ideal of legitimate decision-making which enables each citizen to assume a threshold level of personal responsibility for all political decisions made by the political collective. Integrating responsibility into a theory of liberal legitimacy requires a reformulation of the rules of public justification. I argue that citizens concerned with making responsible political decisions must be allowed to justify their political positions through both reasonable judgments as well as sympathetic judgments such as compassion for those who live with disability and mercy towards the criminally motivated. The notion of sympathy, as formulated by David Hume and expanded by Adam Smith, provides an account of how individuals’ ethical evaluations are affected by their ability to be in fellow-feeling with other people. A substantial portion of my doctoral thesis considers the situations in which a private judgment couched in sympathetic terms can meet political liberalism’s demands of publicity and reciprocity. (shrink)

The article discusses the implications of the well‐known discursive dilemma. The dilemma arises whenever a reasoned decision has to be taken by a collective decision‐maker and generates persistent contradiction between what is defined as collective reason and public opinion. Following Philip Pettit, I argue that collective reason is normatively preferable and that the role of existing constitutional institutions in contemporary democracies is to collectivise reason. However, this makes the frustration of popular will a systematic by‐product of any well‐functioning political process. (...) I argue that the only way out is if individual beliefs are subject to revision during cycles of public deliberations with the responsibility to lead this thrusted upon elected representatives. (shrink)

Critics have suggested that deliberative democracy reproduces inequalities of gender, race, and class by privileging calm rational discussion over passionate speech and action. Their solution is to supplement deliberation with such forms of emotional expression. Hall argues that deliberation already inherently involves passion, a point that is especially important to recognize in order to deconstruct the dichotomy between reason and passion that plays a central role in reinforcing inequalities of gender, race, and class in the first place.

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...

This article examines the legitimacy attached to different types of multi-stakeholder data partnerships occurring in the context of sustainable development. We develop a framework to assess the democratic legitimacy of two types of data partnerships: open data partnerships and closed data partnerships. Our framework specifies criteria for assessing the legitimacy of relevant partnerships with regard to their input legitimacy as well as their output legitimacy. We demonstrate which particular characteristics of open and closed partnerships can be expected to influence an (...) analysis of their input and output legitimacy. (shrink)

This work studies the issue of political representation from the perspective of a specific legal culture, the exercise of political rights in the context of the occidental democratic system, a concept that has undergone a profound evolution to the present day. The essential aspects for an analysis of this progression are voting, decision making, and the relationship between representatives and their constituents. Overall, the phenomena making up the crisis of representation have been explained as a result of changes that have (...) affected the operation and structure of modern states constituted as representative democracies. The idea is that a well-functioning representative system comes primarily from the form of government and electoral system in which it develops. (shrink)

Hoy estamos asistiendo a un creciente interés por la retórica argumentativa debido a su estrecha relación con el discurso público. Tienen especial relieve dos puntos a este respecto: 1, la contribución de la retórica a la revisión crítica de los programas en curso de la llamada “democracia deliberativa”; 2, la lectura de la Retórica de Aristóteles en la línea de estos propósitos críticos. Mi artículo se propone desarrollar este segundo punto a través de un examen de la concepción aristotélica de (...) la retórica y de su vindicación de la deliberación pública. (shrink)