Democratic deliberation places the burden of self‐governance on its citizens to provide mutual justifying reasons (Gutmann & Thompson, 1996). This article concerns the limiting effect that group identity has on the efficacy of democratic deliberation for equality in education. Under conditions of a powerful majority, deliberation can be repressive and discriminatory. Issues of white flight and race‐based admissions serve to illustrate the bias of which deliberation is capable when it fails to substantively take group identity into account. As forms of (...) Gilbert's (1994) plural subjects, identity group members holding the group identity can experience agency as the freedom to believe together with members of their group. I argue that attending to how group members acquire group beliefs through trust is a reasonable accommodation of group identity in deliberation. (shrink)

Institutions have often been characterized as responses to conflict, and assumptions about the nature of conflict have frequently determined the structure and scope of political activity. Two prevalent interpretations of conflict portray it as either a conflict of interest or a competition for resources. Yet there is another view of conflict that regards it in terms of a contest of values, something that raises a different set of questions and issues. These issues involve concerns about the incommensurability and incompatibility of (...) values, and challenge contemporary arguments that rely upon the ordering of preferences or that urge the pursuit of a normative consensus. As I argue, both preference based theories and theories of deliberative democracy prove to deal inadequately with the challenges of moral pluralism and value conflict. (shrink)

Political egalitarianism is at the core of most normative conceptions of democratic legitimacy. It finds its minimal expression in the “one person one vote” formula. In the literature on deliberative democracy, political equality is typically interpreted in a more demanding sense, but different interpretations of what political equality requires can be identified. In this paper I shall argue that the attempt to specify political equality in deliberative democracy is affected by a dilemma. I shall illustrate the political egalitarian’s dilemma by (...) a hypothetical choice between two informational bases for political equality: Rawlsian primary goods and Amartya Sen’s capability approach. The political egalitarian’s dilemma reveals a clash between the requirement of ensuring equal possibilities to participate in the democratic process and the requirement of subjecting substantive judgments to deliberative evaluation. As such, the dilemma is a variant of the procedure vs. substance dilemma that is well-known in democratic theory. While it has sometimes been argued that deliberative democracy solves the tension between procedure and substance, the political egalitarian’s dilemma shows that this tension continues within deliberative democracy. (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)

ABSTRACTJack Knight and James Johnson argue in The Priority of Democracy that democracy should be theorized and justified pragmatically: Democratic deliberations should be given a central coordinating role in society not because they realize any particular abstract ideal, but because they would elicit the information needed to solve real-world problems. However, Knight and Johnson rely on a naïve economic understanding of knowledge that assumes implausibly that individuals know what they need to know and need only aggregate thier separate beliefs. It (...) is precisely because we may not know what we need to know that we need to continually test our ideas. Contra Knight and Johnson, moreover, we ought to accept that our ability to interpret social experiments properly is questionable. A pragmatic approach to social inquiry, therefore, ought to investigate what beliefs political actors actually bring to collective decisions rather than how theoretically perfect beliefs ought to be elicited and aggregated. (shrink)

The relationship between the necessity to ensure that information is shared in the stages of deliberation and the overcoming of what Dryzek (2001) called constriction of deliberative economy is directly related to the proponents and opponents’ propensity to submit and add information differently, in a plural manner. This article describes the salient features of the deliberative turn in order to defend that this propensity is not individual. The evolution of the public space in science and in politics are both paradigmatic (...) examples to appreciate that individual deliberation, and even mere aggregation of opinions, are consistently interpreted only if they are part of social practices and collective institutions aimed at defending tolerance towards positions, beliefs and interpretations that are different or even confronted. This paper argues that the so called model of contestatory deliberative democracy contributes to the acquisition of knowledge precisely because it fosters a plurality of epistemic states associated with practices as consensus and dissent. (shrink)

The concept of legitimacy is often used and emphasized in the context of setting limits in health care, but rarely described is what is actually meant by its use. Moreover, it is seldom explicitly stated how health-care workers can contribute to the matter, nor what weight should be apportioned to their viewpoints. Instead the discussion has focused on whether they should take on the role of the patients’ advocate or that of gatekeeper to the society’s resources. In this article, we (...) shed light on the role of health-care workers in limit setting and how their conferred legitimacy may support subordinators’ (i.e. citizens’) conferred legitimacy. We argue that health-care workers have an important role to play as both moral and political agents in limit setting, and delineate normative conditions that justify and facilitate health-care workers in conferring legitimacy on this kind of decision. Their role and potential impact on political limit setting does not—theoretically—affect the idea of democratic legitimacy negatively. Rather, as we suggest, by designing for limit-setting policymaking accordingly, health-care workers, as well as citizens, are more justified in conferring democratic legitimacy to health-care limit-setting decisions than if these concerns were not addressed. (shrink)

ABSTRACTIn Democratic Reason, Hélène Landemore argues that deliberation and the aggregation of citizens' dispersed knowledge should tend to produce better consequences than rule by the one or the few. However, she pays insufficient attention to the epistemic processes necessary to realize these democratic goods. In particular, she fails to consider the question of where citizens' beliefs and ideas come from, with the result that the democratic decision mechanisms she focuses on are insufficiently powerful to justify her consequentialist defense of mass (...) decision making. If “the few” are technocratic experts, Landemore supplies little reason to resist their rule on epistemic grounds, for she does not secure a knowledge base for the citizens that might compete with the knowledge that is often attributed to such “experts.” Aggregating and deliberating about poor information is no substitute for good information. Her book can therefore be seen as a call for a new phase of epistemic political theory that compares the real-world knowledgeability of ordinary citizens and putative experts, but it does not convincingly deliver on its goal to demonstrate the epistemic superiority of the former. (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)

La ética del discurso es un óptimo fundamento para la ética cívica de una sociedad moralmente pluralista, pero siempre que no se contente con su dimensión procedimental, sino que saque a la luz su dimensión cordial. Sólo que entonces pasa de ser ética del discurso a ethica cordis. El presente trabajo intenta dar ese paso, y con ese fin cubre tres etapas: 1) en qué medida son necesarios los vínculos, 2) en qué consiste el vínculo discursivo, 3) cómo el vínculo (...) comunicativo incluye el discursivo y va más allá, dando lugar a una ética de la razón cordial. (shrink)

Several distinct epistemic states may be properly characterized as states of ?ignorance.? It is not clear that the ?public ignorance? on which Jeffrey Friedman bases his critique of social democracy is objectionable, because it is not evident which of these epistemic states is at issue. Moreover, few extant theories of democracy defend it on the grounds that it produces good outcomes, rather than because its procedures are just. And even the subcategory of democratic theories that focus on epistemic issues take (...) the state of epistemic justification, not the condition of reaching the truth, to be the touchstone of democratic legitimacy. (shrink)

Deliberative democracy is a noble project: an attempt to make citizens philosophize. Critics of deliberative democracy usually claim either that the proposed deliberation threatens an existing moral consensus or, instead, that deliberation is impossible amid power imbalances that oppress the weak. But another problem is that combining democracy and deliberation is inherently an attempt to engage publicly in a private activity—where sensitivity to each interlocutor may require a special form of address. Can this be done? Yes, in some contexts. The (...) tradition of esoteric writing has demonstrated that it is possible to layer one's discourse in such a way that all citizens can partake at a level that suits them. But writing for a public is not really deliberation among equals; it is leadership by the writer of the readers. Genuine dialogue among equals that takes account of their differences is, in contrast, inherently a private affair. (shrink)

Any workable ideal of deliberative democracy that includes elections will need modern democracy's ever-present ally, parties. Since the primary function of parties is to win office rather than to reflect on public questions, parties are potential problems for the deliberative enterprise. They are more at home in aggregative models of democracy than in deliberative models. While deliberative democracy will need its moments of aggregation—and therefore, must have parties—partisans as they actually arise in the political world possess traits that undermine the (...) deliberative ideal. If partisans of partisanship are to be unembarrassed by (or are to correct) these defects, even workable ideals of deliberative democracy need to stand at some distance from the partisan imperative. (shrink)

Advocates of ?deliberative democracy? want citizens to actively participate in serious dialogue over political issues, not merely go to the polls every few years. Unfortunately, these ideals don't take into account widespread political ignorance and irrationality. Most voters neither attain the level of knowledge needed to make deliberative democracy work, nor do they rationally evaluate the political information they do possess. The vast size and complexity of modern government make it unlikely that most citizens can ever reach the levels of (...) knowledge and rationality required by deliberative democracy, even if they were better informed than they are at present. (shrink)

ABSTRACT The media's attentive vigil over America's most militant and outrageous activists in the abortion wars has obscured a massive but quiet effort on the part of evangelicals to engage their opponents in exemplary deliberative discussions about bioethics. For a variety of reasons, activists in the pro‐life movement are more committed to carving out civic spaces for such dialogue than are their pro‐choice counterparts. This discrepancy invites investigation into the forces that promote and constrain political movements' interest in deliberation, as (...) well as highlighting the undeniable limits to deliberative ideals. (shrink)

Watershed planning has typically been approached as a technical problem in which water quality and quantity as influenced by the hydrology, topography, soil composition, and land use of a watershed are the significant variables. However, it is the human uses of land and water as resources that stimulate governments to seek planning. For the past decade or more, many efforts have been made to create democratic planning processes, which, it is hoped, will be viewed as legitimate by those the plans (...) regulate. This article uses a case study of the Cache River watershed in southernmost Illinois to analyze the complicated historical and political economic context of a specific watershed planning process that occurred from 1993 through 1995. This article assesses the claims made about the democratic, grass-roots, deliberative nature of the planning process and casts doubt on the legitimacy of its outcomes. It also proposes an alternative form of governance that would be both democratic and capable of generating outcomes viewed as legitimate by most affected parties. (shrink)

This article proposes a way of connecting two levels at which scholars have studied discursive practices from a normative perspective: on the one hand, local transactions-face-to-face arguments or dialogues-and broadly dispersed public debates on the other. To help focus my analysis, I select two representatives of work at these two levels: the pragmadialectical model of critical discussion and Habermas's discourse theory of politicallegal deliberation. The two models confront complementary challenges that arise from gaps between their prescriptions and contexts of actual (...) discourse. In response, I propose a theory of argument cogency that distinguishes three kinds of merit: content, transactional, and public. Normative links between the two levels arise through the ways argument contents spread across multiple transactions in a social space whose structure and composition favor collective reasonableness. (shrink)

In a globalizing world, governments are not always able or willing to regulate the social and environmental externalities of global business activities. Multi-stakeholder initiatives (MSI), defined as global institutions involving mainly corporations and civil society organizations, are one type of regulatory mechanism that tries to fill this gap by issuing soft law regulation. This conceptual paper examines the conditions of a legitimate transfer of regulatory power from traditional democratic nation-state processes to private regulatory schemes, such as MSIs. Democratic legitimacy is (...) typically concerned with input legitimacy (rule credibility, or the extent to which the regulations are perceived as justified) and output legitimacy (rule effectiveness, or the extent to which the rules effectively solve the issues). In this study, we identify MSI input legitimacy criteria (inclusion, procedural fairness, consensual orientation, and transparency) and those of MSI output legitimacy (rule coverage, efficacy, and enforcement), and discuss their implications for MSI democratic legitimacy. (shrink)

Abstract Many political theorists have argued that religious reasons should play a rather limited role in public or political settings. So, for example, according to the Doctrine of Religious Restraint, citizens and legislators ought not allow religious reasons to play a decisive role in justifying public policies. Many military professionals seem to believe that some version of that doctrine applies in military settings, that is, that military professionals should not allow their religious convictions to determine how they exercise command authority. (...) We explain why the Doctrine of Religious Restraint should not apply to military professionals and articulate an alternative understanding of the justificatory role legitimately played by religious considerations in military settings. This alternative understanding assumes that military professionals will exercise command authority with tact, wisdom, and due respect for both the spirit and letter of the law, even when they are guided by robust faith commitments. (shrink)

Liberal political theory is widely believed to be an inadequate source of civic commitment and thus of civic education primarily because of its commitment to what is perceived as a pervasive individualism. In this paper, I explore the possibility that John Rawls’s later political philosophy may provide a response to this belief. I first articulate a conception of liberal politics derived from Rawls’s idea of reflective equilibrium that generates an overlapping consensus about political principles among those who hold a wide (...) variety of cultural and personal conceptions of the good. Next I develop the aims for civic education in a society that employs such a politics. Then I suggest the elements of the public school curriculum appropriate for such a civic education, including a robust multicultural education, intellectual reflection on the society’s history, and philosophical training that enables children to understand the events and policies of their nation as following from general political principles. I also consider the kinds of classroom practice that seem necessary to provide the motivation to engage in the process of the emergence of an overlapping consensus, including opportunities to develop and to reflect on the principles that may be included in the current consensus and to understand the way in which those principles relate to children’s developing conceptions of the good. Finally, I compare this conception of civic education to those of other liberal theorists. (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)

In the US, stem cell research is at a moral impasse—many see this research as ethically mandated due to its potential for ameliorating major diseases, while others see this research as ethically impermissible because it typically involves the destruction of embryos and use of ova from women. Because their creation does not require embryos or ova, induced pluripotent stem cells offer the most promising path for addressing the main ethical objections to stem cell research; however, this technology is still in (...) development. In order for scientists to advance induced pluripotent stem cell research to a point of translational readiness, they must continue to use ova and embryos in the interim. How then are we to ethically move forward with stem cell research? We argue that there is personal integrity and value in adopting a ‘moral compromise’ as a means for moving past the moral impasse in stem cell research. In a moral compromise, each party concedes part of their desired outcome in order to engage in a process that respects the values and desires of all parties equitably. Whereas some contend that moral compromise in stem cell research necessarily involves self-contradiction or loss of personal integrity, we argue that in the US context, stem cell research satisfies many of the key pre-conditions of an effective moral compromise. To illustrate our point, we offer a model solution wherein eggs and embryos are temporarily used until non-egg and non-embryonic sources of pluripotent stem cells are developed to a state of translational readiness. (shrink)

Deliberative democracy, it is claimed, is essential for the legitimisation of public policy and law. It is built upon an assumption that citizens will be capable of constructing and defending reasons for their moral and political beliefs. However, critics of deliberative democracy suggest that citizens’ emotions are not properly considered in this process and, if left unconsidered, present a serious problem for this political framework. In response to this, deliberative theorists have increasingly begun to incorporate the emotions into their accounts. (...) However, these accounts have tended to focus only upon the inclusion of emotions in the external-collective exchange of reason between citizens. Little work has been done on how the individual will actually cope with emotions internally within their own minds. There has been no consideration of the capacities that citizens will need to perceive, understand and regulate emotions as they formulate reasons both by themselves and with others. Moreover, there has been little consideration of how these capacities might be educated in children so that emotionally competent deliberative citizens can be created. In this paper, emotional intelligence is presented as an essential capacity that can fulfil this role for the deliberative citizen and deliberative democracy more generally. The ‘deliberative school’ is suggested as a potential site for this transformation that can progress from generation to generation, cultivating citizens that are increasingly better equipped to handle emotionally-laden deliberative engagement. (shrink)

Ethics, Policy & Environment, Volume 14, Issue 3, Page 313-327, October 2011.

The American Journal of Bioethics, Volume 11, Issue 12, Page 13-16, December 2011.

This article presents a normative‐theoretical account of democratic legitimacy that meets the challenge of moral and cultural pluralism in a way that takes the avoidance of oppression and violence to be a fundamental imperative. The discourse‐theoretical perspective of jürgen Habermas reveals that reasoned agreement among citizens is the only alternative to political oppression. Pace Habermas, however, the legitimacy of even basic constitutional principles does not require us to agree with one another for the same reasons. While we can affirm such (...) principles for a wide range of different reasons, the process of achieving reasoned agreements on contentious issues draws us together as citizens in loyalty to a particular, historical set of political institutions. The reasoned commitment to our constitution that we come to share in this ongoing process acts as an identity‐forming bond that allows us to live in peace with deep moral and cultural differences. (shrink)

In representing a fragmented pluralist polity, the U.S. Congress inevitably exhibits high levels of conflict and disagreement. Increasingly, the American public finds such conflict—the ordinary procedures of legislative democracy—distasteful. As members of Congress pay closer attention to approval ratings and other poll measures, their natural inclination may be to avoid legislating, especially on controversial issues. This response to the preference of the demos has profoundly antidemocratic implications.

Abstract If voters do not understand the programs of rival candidates or their likely consequences, they cannot rationally exercise control over government. An ignorant electorate cannot achieve true democratic control over public policy. The immense size and scope of modern government makes it virtually impossible for voters to acquire sufficient knowledge to exercise such control. The problem is exacerbated by voters? strong incentive to be ?rationally ignorant? of politics. This danger to democracy cannot readily be circumvented through ?shortcut? methods of (...) economizing on voter knowledge costs. A truly democratic government must, therefore, be strictly limited in scope. (shrink)

In nineteenth‐century Europe, democracy was not embraced with the same enthusiasm it now enjoys. Conservative critics questioned central democratic normative principles, while liberals tried to correct the limitations of actual democratic practice. While accepting the inevitability of democracy, nineteenth‐century liberals often resisted the idea that universal suffrage guaranteed the wisdom of the people's choices. Nothing better illustrates this difficult apprenticeship of democracy than the writings of François Guizot, whose political thought focuses on the relationship between liberalism and democracy.

Abstract Richard Posner's Law, Pragmatism, and Democracy urges that political and legal decision makers should be guided by what he calls ?everyday pragmatism,? rather than by ?abstract? moral theory. He links his conception of pragmatic government to Sclmmpeter's unromantic view of democracy. Posner argues that judicial review should be based on a combination of pragmatism and adherence to this limited conception of democracy, rather than sticking closely to ?formalist? theories of adjudication, which demand strict adherence to traditional legal norms. However, (...) Posner's consequentialist pragmatism fails to provide an adequate guide to judicial decision making, because it does not give us any criterion for deciding which consequences are desirable. His Schumpeterian theory of democracy, too, is problematic because it does not sufficiently consider the shortcomings exposed in recent scholarship in political science and economics. (shrink)

Deliberative democracy is often celebrated and endorsed because of its promise to include, empower, and emancipate otherwise oppressed and excluded social groups through securing their voice and granting them impact in reasoned public deliberation. This article explores the ability of Habermas’ theory of deliberative democracy to accommodate the demands of historically excluded social groups in democratic plural societies. It argues that the inclusive, transformative, and empowering potential of Habermas’ theory of deliberative democracy falters when confronted with particular types of historical (...) injustices. It falters because it pays little attention to the historical dimension of injustices and the demands to which it gives rise. The historical dimension of longstanding injustices, it is argued, gives rise to a set of distinctive demands, such as collective memory of exclusion, acknowledgement of historical injustices, taking responsibility, and offering apology and reparations for causing these injustices, which go beyond the type of democratic inclusion that is often offered by deliberative democracy. Yet, the solution is not to abandon the model of deliberative democracy. Quite the contrary, it remains a valuable basis for forward-looking political decision making. The article concludes that in order to achieve inclusive, empowering and transformative deliberation in consolidated democracies that have experienced historical injustices, the politics of reconciliation is indispensable. (shrink)

This article addresses the problem of expertise in a democratic political system: the tension between the authority of expertise and the democratic values that guide political life. We argue that for certain problems, expertise needs to be understood as a dialogical process, and we conceptualize an understanding of expertise through and as argument that positions expertise as constituted by and a function of democratic values and practices, rather than in the possession of, acquisition of, or relationship to epistemic materials. Conceptualizing (...) expertise through argument leads us to see expertise as a kind of phronetic practice, oriented toward judgments and problems, characterized by its ability to provide inventional capacities for selecting the best possible resolution of a particular problem vis-à-vis particular expectations regarding the resolution of a problem. At its core, expertise thus comes to exist in reference not to epistemic but to dialogical, deliberative, democratic practice. (shrink)

It is a commonplace that liberalism and religious belief conflict. Liberalism, its proponents and critics maintain, requires the privatization of religious belief, since liberals often argue that citizens of faith must repress their fundamental commitments when participating in public life. Critics of liberalism complain that privatization is objectionable because it requires citizens of faith to violate their integrity. The liberal political tradition has always sought to carve out social space for individuals to live by their own lights. If liberalism requires (...) citizens to violate their integrity, liberals have cause for concern. I seek to rebut this integrity objection to liberalism. I focus on the dominant form of philosophical liberalism: public reason liberalism. I argue that the integrity objection undermines the mainstream conception of public reason liberalism, but not public reason liberalism itself. The paper opens by outlining the structure of public reason liberalism and the integrity objection (§§2 and 3). It then analyses two versions of the objection and argues that the second version is successful against the mainstream conception of public reason (§4). I argue in response that public reason liberalism need not endorse principles of restraint—the civic restrictions on religious expression typically associated with it. I then sketch a conception of public reason liberalism that eschews principles of restraint (§5). This alternative promises to reconcile public reason liberals and their faith-friendly critics by putting the integrity objection to rest. (shrink)

In this paper, I seek to challenge two prevailing views about religious accommodation. The first maintains that religious practices deserve accommodation only if they are regarded as something unchosen on a par with the involuntary circumstances of life people must face. The other view maintains that religious practices are nothing more than preferences but questions the necessity of their accommodation. Against these views, I argue that religious conducts, even on the assumption that they represent voluntary behaviours, deserve in certain circumstances (...) certain kinds of accommodation. They must be understood as one possible expression, along with nonreligious or secular beliefs, of a person's convictions of conscience, which are strong ethical commitments upon which depends the moral integrity of those having such convictions. I demonstrate that the main ground for religious accommodation is the need to protect fairly, through such rights as religious freedom and freedom of conscience, the ethical commitments and conscientious beliefs of all citizens. Finally, against the objection that such a view risks leading to the proliferation of demands for accommodation, I maintain that a deliberative approach to religious accommodation is in a good position to put serious hurdles in the path of unreasonable demands. (shrink)

Abstract:In this paper I explore the topic of moral compromise in institutional settings and highlight how moral compromise may affirm, rather than undermine, personal integrity. Central to this relationship between moral compromise and integrity is a view of the self that is responsive to multiple commitments and grounded in an ethic of responsibility. I elaborate a number of virtues that are related to this notion of the self and highlight how these virtues may support the development of individuals who are (...) responsive and reasonable in moral discourse and discerning in establishing moral limits on compromise. I look at how moral regret is closely connected to moral compromise and emphasize its significance for reinforcing personal integrity. The paper closes with a discussion of the relevance of these topics to the field of business ethics. (shrink)

This essay reviews contemporary theories of public justification. In particular, it argues that conceptions of public justification and public reason have moved significantly beyond Rawls.

The deliberative model of democracy, as presented by Jürgen Habermas and others, claims to reconstruct the normative content of the idea of democracy. However, since it overemphasises the epistemic facet of decision‐making, the model is unable to take into account other valuable aspects of democracy. This is shown in reference to two concrete phenomena from political reality: majority voting and the problem of the dissenter. In each case, the deliberative model inevitably fails to account for several normatively desirable features of (...) democracy, such as formal political equality and proper respect for the judgement of each citizen. (shrink)

An analysis of the epistemological structure of democratic deliberation as a procedure in which legal norms are constructed reveals that deliberation combines procedural and substantive aspects in a unique and inextricable manner. The co-original recognition of the private and public autonomy of all citizens provides the substantive critical standard against which the justice of norms is measured. At the same time, such recognition requires that the particular needs and values of all people concerned be taken into account. Given the privileged (...) epistemic access people have to their own particular perspective, this requirement implies the ineliminability of actual deliberative procedures. The open-ended nature of these constructive procedures is partly due to the fact that the rules of the procedure are counterfactual and themselves subject to interpretation. More importantly, it also reflects the historical nature of our human world and the freedom of moral persons to shape and reshape their preferences. (shrink)

Various quantitative analyses have stressed the connection between lower socioeconomic status (SES) and low political participation. The general argument behind these studies was that since political participation is crucial for democracy, and since low SES compromises political participation, liberal democratic governments cannot afford such a compromise. This paper argues that presenting political participation as a democratic value, corresponding to a ‘positive’ right, places the implied argumentation of such studies in a potential conflict with classical liberalism and its contemporary ‘successors’, emphasizing (...) ‘negative’ rights alone. However, the tension can be reconciled by employing the political thought of John Locke, one of the forefathers of classical liberalism. Thus, the paper illuminates a strong bond in Locke’s thought between democratic political participation and liberal natural rights. In fact, I argue that it is precisely his advocacy of liberal rights that leads to a conception of political participation, converging with democratic theory and redistributive policies. (shrink)

Contemporary liberal democracy employs a conception of legitimacy according to which political decisions and institutions must be at least in principle justifiable to all citizens. This conception of legitimacy is difficult to satisfy when citizens are deeply divided at the level of fundamental moral, religious, and philosophical commitments. Many have followed the later Rawls in holding that where a reasonable pluralism of such commitments persists, political justification must eschew appeal to any controversial moral, religious, or philosophical premises. In this way, (...) the Rawlsian account of public political justification involves a politics of omission, where citizens are expected to bracket off their most fundamental commitments and seek justifications that draw only from uncontroversial premises. This politics of omission is necessary, Rawls argues, for political stability. But there is good social epistemic evidence for the view that the politics of omission encourages insularity among like-minded groups, and that this insularity in turn generates extremism. So omission is likely to lead to instability, not stability. (shrink)

Is it possible to look at schools as spaces for encounters? Could schools contribute to a deliberative mode of communication in a manner better suited to our own time and to areas where different cultures meet? Inspired primarily by classical (Dewey) and modern (Habermas) pragmatists, I turn to Seyla Benhabib, posing the question whether she supports the proposition that schools can be sites for deliberative communication. I argue that a school that engages in deliberative communication, with its stress on mutual (...) communication between different moral perspectives, gives universalism a procedurally oriented meaning, serving as an arena for encounters that represents a weak public sphere. An interactive universalism of this kind attaches importance to developing an ability and willingness to reason on the basis of the views of others and to change perspectives. In that respect, the institutional arrangements of schools are potential parts of the political dimension of cosmopolitanism, as well as its moral dimension, in terms of the obligations and responsibilities we develop through our institutions and in our actions as human beings towards one another. (shrink)

In this paper, I explore one way to bring bioethics and environmental ethics closer together. I focus on a question at the interface of health, sustainability, and justice: How well does a society promote health with the use of no more than a just share of environmental capacity? To address this question, I propose and discuss a mode of assessment that combines a measurement of population health, an estimate of environmental sustainability, and an assumption about what constitutes a fair or (...) just share. This mode of assessment provides an estimate of the just and sustainable life expectancy of a population. It could be used to monitor how well a particular society promotes health within just environmental limits. It could also serve as a source of information that stakeholders use when they deliberate about programs, policies, and technologies. The purpose of this work is to focus attention on an ethical task: the need to fashion institutions and forms of life that promote health in ways that recognize the claims of sustainability and justice. (shrink)

While a large social-choice-theoretic literature discusses the aggregation of individual judgments into collective ones, there is much less formal work on the transformation of judgments in group communication. I develop a model of judgment transformation and prove a baseline impossibility theorem: Any judgment transformation function satisfying some initially plausible conditions is the identity function, under which no opinion change occurs. I identify escape routes from this impossibility and argue that the kind of group communication envisaged by deliberative democats must be (...) "holistic": It must focus on webs of connected propositions, not on one proposition at a time, which echoes the Duhem-Quine "holism thesis" on scientific theory testing. My approach provides a map of the logical space in which different possible group communication processes are located. (shrink)