: 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.

What justifies political power? Most philosophers argue that consent or democracy are important, in other words, it matters how power is exercised. But this book argues that outcomes primarily matter to justifying power.

This article identifies and examines a tension in mental health researchers’ growing enthusiasm for the use of computational tools powered by advances in artificial intelligence and machine learning (AI/ML). Although there is increasing recognition of the value of participatory methods in science generally and in mental health research specifically, many AI/ML approaches, fueled by an ever-growing number of sensors collecting multimodal data, risk further distancing participants from research processes and rendering them as mere vectors or collections of data points. The (...) imperatives of the “participatory turn” in mental health research may be at odds with the (often unquestioned) assumptions and data collection methods of AI/ML approaches. This article aims to show why this is a problem and how it might be addressed. (shrink)

In recent times, it has become increasingly common that elected parties and leaders systematically undermine democracy and the rule of law. This phenomenon is often framed with the term democratic backsliding or democratic regression. This article deals with the relatively little-studied topic of resistance to democratic regressions. Chief amongst the things it discusses is the rather central ethical issue of whether resisters may themselves, in their attempts to prevent a further erosion of democracy, transgress democratic norms. But the argument advanced (...) in the article is not merely about the ethics of resistance. It begins, perhaps unconventionally, by addressing the affective dimension of resistance to democratic regressions, looking in particular at the powerful feelings of anger and despair that pro-democratic citizens living under a regressive government are likely to experience. As the article argues, these feelings have not only motivational but also epistemic potential, which must be adequately theorized in order to understand how resisters can respond to the ethical challenges facing them. (shrink)

This chapter examines two ways in which liberal thinkers have appealed to claims about disagreement in order to defend a principle of free speech. One argument, from Mill, says that free speech is a necessary condition for healthy disagreement, and that healthy disagreement is conducive to human flourishing. The other argument says that in a community of people who disagree about questions of value, free speech is a necessary condition of legitimate democratic government. We argue that both of these arguments, (...) in their standard guises, are premised upon contestable views about the realpolitik of disagreement in a liberal society. (shrink)

Careful reading of John Dewey’s The Public and its Problems reveals a weak point at the stage when a given public became self-aware and proceeded to seek representation in the institutions of the state. Aside from a general emphasis on art and science, Dewey’s political theory offered no concrete discussion of the means suitable for this phase of the democratic process. Furthermore, the dichotomy between violence and the peaceful means of art and science left no space for the affirmation of (...) nonviolence – the method most capable of amplifying democracy during the decade following Dewey’s death. Accordingly, the article hypothesizes a novel rendition of nonviolence from the standpoint of Dewey’s understanding of art as social inquiry, compares it with Martin Luther King Jr.’s theory and practice of nonviolent dramatization, and ends by presenting a Deweyan reading of the civil rights movement in terms of the framework contained in The Public and its Problems. (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)

Understanding the relationship between experts and laypeople is crucial for understanding today’s world of post-truth and the contemporary crisis of liberal democracy. The emergence of post-truth has been linked to various phenomena such as a flawed social and mass media ecosystem, poor citizen education, and the manipulation tactics of powerful interest groups. The paper argues that the problem is, however, more profound. The underlying issue is laypeople’s inevitable epistemic dependence on experts. The latter is part and parcel of the “risk (...) society” in which people question the scientific consensus and thus are able to manipulate the facts. It is a powerful weapon in the hands of illiberal democrats, though liberal democrats can make no use of it. The latter downplay the problem of citizens’ epistemic deficits and of the epistemic asymmetries between them. The third and fourth generations of deliberative democrats are a perfect example. The paper argues that the concepts of interactional expertise and epistemic dependence explain why understanding between experts and laypeople is impossible. The said phenomena undermine liberalism’s unrealistic assumptions concerning citizens’ decision-making competence. (shrink)

This paper discusses the rationale for, and efforts to quantify the success of, philosophy outreach efforts at the University of North Carolina at Chapel Hill, with a focus on the National High School Ethics Bowl (NHSEB). We explore the program's democratic foundations and its potential to promote civic and intellectual virtues. After describing pioneering efforts to empirically access the impact of NHSEB, we offer recommendations to empower publicly and empirically-engaged philosophers to conduct further studies in the future.

I propose a theory of popular power, according to which a political order manifests popular power to the extent it robustly maintains an egalitarian basic structure. There are two parts to the theory. First, the power of a political order lies in the basic structure's robust self-maintenance. Second, the popularity of the political order’s power lies in the equality of relations between the society's members. I will argue that this theory avoids the perverse consequences of some existing radical democratic theories (...) of popular power which focus on mass expression, either in plebiscites or in social movements, as popular power's canonical instances. In particular, my theory does not valourise momentary expression over durable effect, and it offers a ready framework for conceptualising the sometimes-oligarchic substructure of the supposedly canonical instances of popular power. I will show that this theory has strong precedents within a certain republican tradition of political philosophy. (shrink)

In this paper, I examine the view that, surprisingly, the more citizens deliberate about politics, the less likely they are to participate in the realm of the political, and vice versa. In the first part of the paper, I approach the problem from the perspective of the paradox of voting, the claim that voting itself is instrumentally irrational because of the very low probability that a single vote will make any difference at the elections. In the second part of the (...) paper, I argue that rather than analyzing voting instrumentally, it is better to view it as part of the civic commitments that constitute what it means to be a citizen in a democratic society. The act of voting is not primarily an individual?s attempt to decisively influence any particular outcome, but an affirmation of the key practice that upholds the democratic society in which citizens play a part. This reveals a meta-paradox of voting. Namely, to not vote is to exhibit a type of behavior that implies acceptance of democracy simultaneously with rejecting its defining component. Because of that, I will claim, not voting is itself irrational. In light of that conclusion, in the third part of the paper, I explore the extant divide between deliberation and participation by referring back to the analysis of civic commitments. Whereas participation without deliberating reveals ideological bias, deliberation without participation expresses a lack of understanding of what it means to be a citizen. The way to connect them is to engage in a process of attaining reflective equilibrium between the two, starting from the practice of deliberation that would be fully informed by the awareness of our democratic commitments and disconnected from ideologically motivated participation. (shrink)

The recent decades have seen established liberal democracies expand their surveillance capacities on a massive scale. This article explores what is problematic about government surveillance by democracies. It proceeds by distinguishing three potential sources of concern: the concern that governments diminish citizens’ privacy by collecting their data, the concern that they diminish their privacy by accessing their data, and the concern that the collected data may be used for objectionable purposes. Discussing the meaning and value of privacy, the article argues (...) that only the latter two constitute compelling independent concerns. It then focuses particularly on the third concern, exploring the risk of government surveillance being used to enforce illegitimate laws. It discusses three legitimacy-related reasons why we should be worried about the expansion of surveillance capacities in established democracies: Even established democracies might decay. There is a risk that surveillance capacities that are used for democratically legitimated purposes today will be used for poorly legitimated purposes in the future. Surveillance may be used to enforce laws that lack legitimacy due to the disproportionate punishment attached to their violation. The democratic procedures in established democracies fail to conform to the requirements formulated by mainstream theories of democratic legitimacy. Surveillance is thus used to enforce laws whose legitimacy is in doubt. (shrink)

Within any adversarial rule-governed system, it often takes time for strategically motivated agents to discover effective exploits. Once discovered, these strategies will soon be copied by all other participants. Unless it is possible to adjust the rules to preclude them, the result will be a degradation of the performance of the system. This is essentially what has happened to public political discourse in democratic states. Political actors have discovered, not just that the norm of truth can be violated in specific (...) ways, but that many of the norms governing rational deliberation can also be violated, not just without penalty, but often for significant political gain. As a result, the level of noise has come to drown out the signal. The post-truth political condition is the cumulative result of innovations developed by actors who adopt an essentially strategic orientation toward political communications. (shrink)

BackgroundRapid data sharing can maximize the utility of data. In epidemics and pandemics like Zika, Ebola, and COVID-19, the case for such practices seems especially urgent and warranted. Yet rapidly sharing data widely has previously generated significant concerns related to equity. The continued lack of understanding and guidance on equitable data sharing raises the following questions: Should data sharing in epidemics and pandemics primarily advance utility, or should it advance equity as well? If so, what norms comprise equitable data sharing (...) in epidemics and pandemics? Do these norms address the equity-related concerns raised by researchers, data providers, and other stakeholders? What tensions must be balanced between equity and other values?MethodsTo explore these questions, we undertook a systematic scoping review of the literature on data sharing in epidemics and pandemics and thematically analyzed identified literature for its discussion of ethical values, norms, concerns, and tensions, with a particular emphasis on equity. We wanted to both understand how equity in data sharing is being conceptualized and draw out other important values and norms for data sharing in epidemics and pandemics.ResultsWe found that values of utility, equity, solidarity, and reciprocity were described, and we report their associated norms, including researcher recognition; rapid, real-time sharing; capacity development; and fair benefits to data generators, data providers, and source countries. The value of utility and its associated norms were discussed substantially more than others. Tensions between utility norms and equity norms were raised.ConclusionsThis study found support for equity being advanced by data sharing in epidemics and pandemics. However, norms for equitable data sharing in epidemics and pandemics require further development, particularly in relation to power sharing and participatory approaches prioritizing inclusion. Addressing structural inequities in the wider global health landscape is also needed to achieve equitable data sharing in epidemics and pandemics. (shrink)

This essay introduces a special report from The Hastings Center entitled Democracy in Crisis: Civic Learning and the Reconstruction of Common Purpose, which grew out of a project supported by the John S. and James L. Knight Foundation. This multiauthored report offers wide‐ranging assessments of increasing polarization and partisanship in American government and politics, and it proposes constructive responses to this in the provision of objective information, institutional reforms in government and the electoral system, and a reexamination of cultural and (...) political values needed if democracy is to function well in a pluralistic and diverse society. The essays in the special report explore the norms of civic learning and institutions, social movements, and communal innovations that can revitalize civic learning in practice. This introductory essay defines and explains the notion of civic learning, which is a lynchpin connecting many of the essays in the report. Civic learning pertains to the ways in which citizens learn about collective social problems and make decisions about them that reflect the duties and responsibilities of citizenship. Such learning can occur in many social settings in everyday life, and it can also be facilitated through participation in the processes of democratic governance on many levels. Civic learning is not doctrinaire and is compatible with a range of public goals and policies. It is an activity that increases what might be called the democratic capability of a people. (shrink)

Proponents of epistocracy worry that high levels of voter ignorance can harm democracies. To combat such ignorance, they recommend allocating comparatively more political power to more politically knowledgeable citizens. In response, some recent critics of epistocracy contend that epistocratic institutions risk causing even more harm, since much evidence from political psychology indicates that more politically knowledgeable citizens are typically more biased, less open-minded, and more prone to motivated reasoning about political matters than their less knowledgeable counterparts. If so, perhaps epistocratic (...) institutions will perform worse epistemically than corresponding democratic institutions. Call this 'the problem of epistocratic irrationality'. This paper argues that the problem of epistocratic irrationality can be overcome. First, I argue that critics of epistocracy have overlooked several complications regarding the psychological data they claim shows that more knowledgeable citizens are less politically rational. Second, I argue that appropriately designed epistocratic institutions could overcome the problem of epistocratic irrationality even if such critics have interpreted the data correctly. I first explore whether refined selection mechanisms could allow epistocrats to avoid empowering less rational citizens, before assessing the prospects of implementing only those epistocratic institutions with a solid track record of reliable performance. (shrink)

Douglas Walton’s multitudinous contributions to the study of argumentation seldom, if ever, directly engage with argumentation in mathematics. Nonetheless, several of the innovations with which he is most closely associated lend themselves to improving our understanding of mathematical arguments. I concentrate on two such innovations: dialogue types (§1) and argumentation schemes (§2). I argue that both devices are much more applicable to mathematical reasoning than may be commonly supposed.

We argue that deliberative decision-making that is inclusive, transparent and accountable can contribute to more trustworthy and legitimate decisions on difficult ethical questions and political trade-offs during the pandemic and beyond.

Political persuasion can express moral respect. In this article, however, I rely on two psychological assumptions to argue that political persuasion is prima facie disrespectful: (1) that we maintain our political beliefs largely for non-epistemic, personal reasons and (2) that our political beliefs are connected to our epistemic esteem. Given those assumptions, a persuader can either ignore the relevant personal reasons, explicitly address them, or implicitly address them. Ignoring those reasons, I argue, constitutes prima facie insensitivity. Explicitly addressing them constitutes (...) a form of prima facie incivility. Finally, implicitly addressing them covertly treats those personal reasons as psychological puppet strings, constituting prima facie objectionable manipulation. This prima facie insensitivity, incivility, and manipulation are each prima facie failures of respect, either for the persuadee’s rationality or for their agency. Political persuasion can sometimes be all-things-considered justified, but these moral hazards can produce reasonable guilt, resentment, and blowback. (shrink)

In diesem Open-Access-Sammelband setzen sich Autor*innen aus unterschiedlichsten Disziplinen mit der Auswirkung einer digitalisierten Öffentlichkeit für die Politische Bildung auseinander. Sie erörtern, wie sich die Formen digitaler politischer Kommunikation auswirken, wie der Politikunterricht mit der veränderten Ausgangslage umgehen könnte und welche Kompetenzen Schüler*innen benötigen, um in der digitalen Öffentlichkeit selbstbestimmt und -ermächtigt politisch teilzuhaben. Die Komplexität und die Interdependenzen digitaler Kommunikation verlangen nach einer multiperspektivischen und transdisziplinären Perspektive, der dieser Band verpflichtet ist.

The deadly attacks on a public meeting and on a Jewish citizen in Copenhagen in February 2015 have given rise to a vast amount of public discussion and interpretation of the events themselves, their background, their causes, their significance, and their repercussions. During these discussions, various conceptions of publicness and public space have been articulated. Indeed, one may view the killings as a ‘critical discourse moment’ in which a range of discourses have been employed to help interpret, understand, and deal (...) with what happened. In several of these discourses, conceptions of publicness play a central part. This article sets out to investigate the conceptions of publicness that were articulated in the Danish public spheres following the attacks. The article maps out some of the key different and partly contradictory notions of publicness that the reactions to the killings brought to the fore. The investigation thus focuses on the articulation of normative expectations and ideals of public spheres, on the limitations and restrictions that were acknowledged, and on the main societal problems and national contexts to which publicness was viewed as related. The analysis will cover national newspapers and center on the discursive resources of the media elite in early responses to the attacks, for example in editorials, or comments by writers, academics, debaters, and intellectuals. (shrink)

In liberal modernity, the democratic collective will of society was understood to emerge through the public and deliberative freedoms of associational life. Today, however, democratic discourse is much more focused on the formation of plural and diverse publics in the private and social sphere. In these ‘non-linear’ approaches, democracy is no longer seen to operate to constitute a collective will standing above society but as a mechanism to distribute power more evenly through the social empowerment of individuals and communities as (...) the ultimate decision-makers. Government is brought back ‘to the people’ and democracy is seen to circulate through the personal decisions made in everyday life. This article seeks to analyse the development of non-linear approaches to the political sphere, which seek to overcome the rationalist assumptions of the public/private divide, paying particular attention to the work of two key liberal theorists, John Dewey and Friedrich von Hayek. (shrink)

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)

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)

Community engagement (CE) is gaining prominence in global health research. A number of ethical goals–spanning the instrumental, intrinsic, and transformative–have been ascribed to CE in global health research. This paper draws attention to an additional transformative value that CE is not typically linked to but that seems very relevant: solidarity. Both are concerned with building relationships and connecting parties that are distant from one another. This paper first argues that furthering solidarity should be recognized as another ethical goal for CE (...) in global health research. It contends that, over time, CE can build the bases of solidaristic relationships—moral imagination, recognition, understanding, empathy—between researchers and community members. Applying concepts from existing accounts of solidarity, the paper develops preliminary ideas about who should be engaged and how to advance solidarity. The proposed approach is compared to current CE practice in global health research. Finally, the paper briefly considers how solidaristic CE could affect how global health research is performed. (shrink)

Among those who reject the Epicurean claim that death is not bad for the one who dies, it is popularly held that death is bad for the one who dies, when it is bad for the one who dies, because it deprives the one who dies of the good things that otherwise would have fallen into her life. This view is known as the deprivation account of the value of death, and Fred Feldman is one of its most prominent defenders. (...) In this paper, I explain why I believe that Feldman’s argument for the occasional badness of death fails. While staying within an Epicurean framework, I offer an alternative that adequately accounts for a significant range of widely held intuitions about prudential value. My account implies that death is almost always good for the one who dies, yet often less good than not dying. Finally, I discuss some puzzles that remain for my account and hint at possible ways to address them. (shrink)

Deliberative democracy entails a commitment to deciding political questions on their merits. To that end, people engage in an exchange of reasons in a shared endeavour to arrive at the right answer or the best judgement they can make in the circumstances. Of course, in practice a shared judgement may be impossible to reach. Yet while compromise may seem a natural way of dealing with the disagreement that deliberation leaves unresolved – for example, some deliberative theorists argue that a willingness (...) to compromise manifests respect for the considered views of others, even as we continue to disagree with them – the relationship between deliberation and compromise is not as straightforward as one might think. To explain why, this paper contrasts conflicts of judgement with conflicts of preference, interest and value to show why greater attention needs to be paid to the character of the decision to be made. (shrink)

The author discusses the rational argumentation of the values from a proposal defended by the legal philosopher Robert Alexy. The paper shows that discourse for Alexy is essentially a regulated activity. A model of certain rules ensure the rationality and correctness of practical discourse oriented towards resolving conflicts of value. Firstly, the types of rules responsible for the rationality of practical argumentation are described. Secondly, some open problems relating to the claim to correctness of reasoned practical discourse are posed, namely (...) problems derived from the idea of consensus and that of a single correct answer to certain practical issues that include conflicts of values and raise basic disagreements. (shrink)

Political liberals assume an accessibility requirement, which means that, for ensuring civic respect and non-manipulation, public officials should offer accessible reasons during political advocacy. Recently, critics have offered two arguments to show that the accessibility requirement is unnecessary. The first is the pluralism argument: Given the pluralism in evaluative standards, when officials offer non-accessible reasons, they are not disrespectful because they may merely try to reveal their strongest reason. The second is the honesty argument: As long as officials honestly confess (...) their beliefs after offering non-accessible reasons, disrespect and non-manipulation do not occur. This paper defends the accessibility requirement and asserts that these two arguments overlook a unique feature of the political domain. While all citizens collectively own political power as a corporate body, an official does not privately own her political power. Instead, she is a trustee who has a duty to act on behalf of the corporate body, that is, she has to make decisions on grounds that are accessible to others. This duty explains why, despite pluralism, the accessibility requirement is necessary. Moreover, given that political decisions are profoundly influential to each person, requiring people to be honest is ineffective in discouraging disrespectful and manipulative acts. (shrink)

The article develops and justifies, on the basis of the epistemological argumentation theory, two central pieces of the theory of evaluative argumentation interpretation: 1. criteria for recognizing argument types and 2. rules for adding reasons to create ideal arguments. Ad 1: The criteria for identifying argument types are a selection of essential elements from the definitions of the respective argument types. Ad 2: After presenting the general principles for adding reasons (benevolence, authenticity, immanence, optimization), heuristics are proposed for finding missing (...) reasons, for deductive arguments, e.g., semantic tableaux are suggested. (shrink)

Algorithms can now identify patterns and correlations in the (big) datasets, and predict outcomes based on those identified patterns and correlations with the use of machine learning techniques and big data, decisions can then be made by algorithms themselves in accordance with the predicted outcomes. Yet, algorithms can inherit questionable values from the datasets and acquire biases in the course of (machine) learning, and automated algorithmic decision-making makes it more difficult for people to see algorithms as biased. While researchers have (...) taken the problem of algorithmic bias seriously, but the current discussion on algorithmic fairness tends to conceptualize ‘fairness’ in algorithmic fairness primarily as a technical issue and attempts to implement pre-existing ideas of ‘fairness’ into algorithms. In this paper, I show that such a view of algorithmic fairness as technical issue is unsatisfactory for the type of problem algorithmic fairness presents. Since decisions on fairness measure and the related techniques for algorithms essentially involve choices between competing values, ‘fairness’ in algorithmic fairness should be conceptualized first and foremost as a political issue, and it should be (re)solved by democratic communication. The aim of this paper, therefore, is to explicitly reconceptualize algorithmic fairness as a political question and suggest the current discussion of algorithmic fairness can be strengthened by adopting the accountability for reasonableness framework. (shrink)

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

This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing examples such as mandatory (...) treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to justice (the “scope of justice”), including global justice, intergenerational justice, and environmental justice, as well as debates concerning whether justice applies to individual choices or only to institutional structures (the “site of justice”). The chapter closes with a discussion of strategies, including deliberative and aggregative democracy, for adjudicating disagreements about justice. (shrink)

This article defends deliberative democracy against the problem of tacit knowledge. It has been argued that deliberative democracy gives a privileged position to linguistic communication and therefore excludes tacit forms of knowledge which cannot be expressed propositionally. This article shows how the exclusion of such knowledge presents important challenges to both proceduralist and epistemic conceptions of deliberative democracy, and how it has been taken by some to favour markets over democratic institutions. After pointing to the limitations of market alternatives, deliberative (...) democracy is defended by arguing that tacit knowledge can be brought into deliberation through the mechanism of trust in testimony. By trusting the testimony of a speaker, deliberators are able to act on knowledge even without it being explicitly expressed. The article then goes on to discuss the implications of this defence for deliberative theory, and particularly, the forms of reason which deliberative democrats must see as legitimate. (shrink)

Most democratic theorists agree that concentrations of wealth and power tend to distort the functioning of democracy and ought to be countered wherever possible. Deliberative democrats are no exception: though not its only potential value, the capacity of deliberation to ‘neutralise power’ is often regarded as ‘fundamental’ to deliberative theory. Power may be neutralised, according to many deliberative democrats, if citizens can be induced to commit more fully to the deliberative resolution of common problems. If they do, they will be (...) unable to get away with inconsistencies and bad or private reasons, thereby mitigating the illegitimate influence of power. I argue, however, that the means by which power inflects political disagreement is far more subtle than this model suggests and cannot be countered so simply. As a wealth of recent research in political psychology demonstrates, human beings persistently exhibit ‘motivated reasoning’, meaning that even when we are sincerely committed to the deliberative resolution of common problems, and even when we are exposed to the same reasons and evidence, we still disagree strongly about what ‘fair cooperation’ entails. Motivated reasoning can be counteracted, but only under exceptional circumstances such as those that enable modern science, which cannot be reliably replicated in our society at large. My analysis suggests that in democratic politics – which rules out the kind of anti-democratic practices available to scientists – we should not expect deliberation to reliably neutralise power. (shrink)

Several prominent writers including Norman Daniels, James Sabin, Amy Gutmann, Dennis Thompson and Leonard Fleck advance a view of legitimacy according to which, roughly, policies are legitimate if and only if they result from democratic deliberation, which employs only public reasons that are publicised to stakeholders. Yet, the process described by this view contrasts with the actual processes involved in creating the Affordable Care Act (ACA) and in attempting to pass the Health Securities Act (HSA). Since the ACA seems to (...) be legitimate, as the HSA would have been had it passed, there seem to be counterexamples to this view. In this essay, I clarify the concept of legitimacy as employed in bioethics discourse. I then use that clarification to develop these examples into a criticism of the orthodox view–that it implies that legitimacy requires counterintuitively large sacrifices of justice in cases where important advancement of healthcare rights depends on violations of publicity. Finally, I reply to three responses to this challenge: (1) that some revision to the orthodox view salvages its core commitments, (2) that its views of publicity and substantive considerations do not have the implications that I claim and (3) that arguments for it are strong enough to support even counterintuitive results. My arguments suggest a greater role for substantive considerations than the orthodox view allows. (shrink)

Political theories in general and deliberative democracy in particular have become quite popular in business ethics over the past few years. However, the model of deliberative democracy as generally referred to in business ethics is only appropriate for conceptualizing interaction between business and society which occurs within a context which is more or less institutionalized. The model cannot account for “unregulated” interaction between business and civil society. The authors argue that scholars need to resort to the so called “critical strand” (...) of deliberative democracy if we want to conceptualize interaction that happens without the involvement of decision-making institutions as political action in a deliberative sense. Adopting this approach allows us to identify cases in which unregulated interaction between business and civil society is preferable over institutionalization. (shrink)

Deliberative democracy aspires to secure political liberty by making citizens the authors of their laws. But how can it do this in the face of deep disagreement, not to mention imperfect knowledge and limited altruism? Deliberative democracy can secure political liberty by affording each citizen an equal position as a co-author of public laws and norms. Moreover, fundamental deliberative democracy—in which institutional design is ultimately accountable to public deliberation but not necessarily subject to its direct control—does not strain knowledge or (...) altruism. Thus, there is a place for deliberative democracy in a robust political economy. (shrink)

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

The paper focuses on the “spillover thesis” which constitutes a pillar of much of contemporary participatory democratic theory; specifically, we assess the claim that workplace democratization leads to a higher degree of political participation amongst labourers. The paper analyses the thesis as formulated by Carole Pateman, including its later revisions triggered by ambiguous results of empirical studies aiming to (dis)prove it. The spillover thesis is then confronted with important methodological and theoretical critiques, the upshot being that in order to be (...) able to arrive at determinate conclusions, more carefully designed empirical studies are needed. Normatively speaking, however, blame can always be laid on the wider environment of market economy and/or representative democracy, to the effect that the spillover thesis is both difficult to disprove and radically subversive. Given the recent dominance of deliberative democratic theory which incorporates a strong participatory element, we finally discuss whether a recent innovation – namely, the concept of deliberative systems – could be fruitfully employed as a flexible umbrella-type framework for the spillover thesis and the participatory ideals related to it. (shrink)

BackgroundThis article explores the reasons in favour of revising and extending the current 14-day statutory limit to maintaining human embryos in culture. This limit is enshrined in law in over a dozen countries, including the United Kingdom. In two recently published studies, scientists have shown that embryos can be sustained in vitro for about 13 days after fertilisation. Positive reactions to these results have gone hand in hand with calls for revising the 14-day rule, which only allows embryo research until (...) the 14th day after fertilisation.Main textThe article explores the most prominent arguments in favour of and against the extension of the 14-day limit for conducting research on human embryos. It situates these arguments within the history of the 14-day limit. I start by discussing the history of the 14-day limit in the United Kingdom and the reasons behind the decision to opt for a compromise between competing moral views. I then analyse the arguments that those who are generally in favour of embryo research put forward in support of extending the 14-day rule, namely the argument of the beneficence of research and the argument of technical feasibility. I then show how these two arguments played a role in the recent approval of two novel techniques for the replacement of faulty mitochondrial DNA in the United Kingdom. Despite the popularity and widespread use of these arguments, I argue that they are ultimately problematic and should not be straightforwardly accepted. I end by making a case for respecting value pluralism in the context of embryo research, and I present two reasons in favour of respecting value pluralism: the argument of public trust and the argument of democracy.ConclusionI argue that 14-day limit for embryo research is not a valuable tool despite being a solution of compromise, but rather because of it. The importance of respecting value pluralism needs to be considered in any evaluation concerning a potential change to the 14-day rule. (shrink)

ABSTRACT:The primacy of shareholder demands in the traditional theory of the firm has typically excluded marginalised stakeholder voices. However, shareholders involved in social shareholder engagement (SSE) purport to bring these voices into corporate decision-making. In response to ethical concerns about the legitimacy of SSE, we use the lens of discourse ethics to provide a normative analysis at both action and constitutional levels. By specifying three normative questions, we extend the analysis of SSE to identify a political role for shareholders in (...) pursuit of the common good. We demonstrate the desirability for SSE to promote regulatory/institutional change to guarantee marginalised stakeholders a voice in corporate decisions that affect them. The theory of SSE we propose thus calls into question the stark separation of the political and economic spheres and reveals an underlying tension, often overlooked, within the responsible investment literature. (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)

It has been argued that the Internet and social media increase the number of available viewpoints, perspectives, ideas and opinions available, leading to a very diverse pool of information. However, critics have argued that algorithms used by search engines, social networking platforms and other large online intermediaries actually decrease information diversity by forming so-called “filter bubbles”. This may form a serious threat to our democracies. In response to this threat others have developed algorithms and digital tools to combat filter bubbles. (...) This paper first provides examples of different software designs that try to break filter bubbles. Secondly, we show how norms required by two democracy models dominate the tools that are developed to fight the filter bubbles, while norms of other models are completely missing in the tools. The paper in conclusion argues that democracy itself is a contested concept and points to a variety of norms. Designers of diversity enhancing tools must thus be exposed to diverse conceptions of democracy. (shrink)

In the United States, the Presidential Commission for the Study of Bioethical Issues has proposed deliberative democracy as an approach for dealing with ethical issues surrounding synthetic biology. Deliberative democracy might similarly help us as we update the regulation of human subjects research. This paper considers how the values that deliberative democratic engagement aims to realize can be realized in a human subjects research context. Deliberative democracy is characterized by an ongoing exchange of ideas between participants, and an effort to (...) justify decisions that bind participants by appeal to reasons that the participants can understand and share. Even when unanimous agreement is not reached, the active participation of everyone along with the requirement that reasons be made accessible enhances the legitimacy of the ultimate outcome. Importantly, deliberative democratic structures avoid strict hierarchies and place participants, as much as possible, in the position of equals. Human subjects research has some features that may make deliberative democratic principles seem initially unappealing. For one, there are asymmetries in knowledge between expert researchers conducting the research and participants in the research process. For another, statistical validity is made easiest by research paradigms that produce standardized, quantitative data, which can be difficult to achieve if research participants are given the power to deliberatively reshape the research design as it progresses. These and other problems have tended to produce a human subjects research process where subjects do not actively participate in shaping research, but rather consent to a predefined set of interventions designed by expert researchers and vetted by Institutional Review Boards (IRBs). In this paper, I suggest some ways in which human subjects research could do more to realize deliberative democratic values, and, in particular, how a revised Common Rule might help to realize these values. First, research participants could be treated not as passive subjects but instead involved in research design, ethical review, and the ongoing conduct and dissemination of research. Such participation might involve, for instance, including people who have served as research subjects on IRBs, or replacing IRB oversight for certain forms of research exempted from IRB oversight under a revised Common Rule with oversight by a body of community members or research subjects. It might also involve having the oversight of research that uses more participatory models be more participatory and less hierarchical in nature. I also raise questions about the exemption of research on public benefit programs from any research-level oversight and from consent requirements. While IRBs are likely not the correct overseers, there may be good reason to view such research with a critical eye, because of its potential for long-range impacts on the lives of participants. By giving research subjects a greater voice in research that aims at fine-tuning public benefit programs on which subjects rely, a deliberative oversight process has the potential to recast research participation as a form of active democratic participation and to address a “democratic deficit” in public health. Numerous proposals regarding health care have called for greater participation by laypeople and a more nonhierarchical approach to setting health priorities. Involving lay research subjects in the conduct of public benefits research and other forms of public health research may help to further these goals. (shrink)

ABSTRACTThe normative ideals and feasibility of deliberative democracy have come under attack from several directions, as exemplified by a recent book version of a special issue of this journal. Critics have pointed out that the complexity of the modern world, voter ignorance, partisanship, apathy, and the esoteric nature of political communications make it unlikely that deliberation will be successful at creating good outcomes, and that it may in fact be counterproductive since it can polarize opinions. However, these criticisms were aimed (...) at “micro” theories of deliberative democracy. The new “systemic” turn in deliberative democracy avoids these problems by positing a system-wide division of labor in a nation-state: experts and ordinary citizens “check” each other's opinions; partisanship and even ignorance can spur deliberation among citizens; and citizens may remain apathetic about some issues but deliberate about others. So long as the overall level of systemic deliberation increases, instead of decreases, the ideal of deliberation is still relevant in a society as complex as ours. (shrink)