Given its contribution to enhancing the inclusiveness, responsiveness, transparency and accountability of socio-political decision-making, the deliberative model has achieved considerable prominence in recent times as a basis for revitalizing democracy. But notwithstanding its strengths, it has also become clear that the deliberative proposal exhibits certain weaknesses that stand in need of correction if it is to realize its potential for revitalizing democracy in our contemporary pluralistic and multicultural world. Not surprisingly, then, there have been calls for significant modifications to the (...) core proposal. Of particular interest for present purposes is Iris Marion Young’s call for a ‘communicative’ reappropriation of the standard model with a view to rendering it more inclusive of and responsive to difference. While Young’s call for reconfiguring the deliberative template in a manner conducive to treating difference as a resource rather than as a barrier to unity is judicious and timely, the present article contends that her communicative proposal does not go far enough to achieve the envisaged outcomes. Instead, to enhance inclusiveness and responsiveness to difference in a manner conducive to promoting mutual understanding and potentially transformative learning, a thoroughgoing dialogical reappropriation is called for, along the lines defended here. Only in this way can the deliberative proposal live up to its pluralistic as well as inclusive intent. Moreover, far from being an external imposition, a dialogical reconfiguration of the requisite sort is rather a means of liberating potentials inherent in the deliberative proposal from the outset but typically suppressed by an undue emphasis on homogeneity, uniformity and consensus. (shrink)

This paper focuses on evaluating Odera Oruka’s role as an expert witness in customary law for the Luo community during the Nairobi, Kenya-based trial in 1987 to decide on the place of the burial of S.M. Otieno. During that trial, an understanding of Luo burial and widow guardianship (ter) practices was essential. Odera Oruka described the practices carefully and defended them against misunderstanding and stereotype. He revisited related topics in several delivered papers, published articles, and even interviews and columns in (...) the Kenyan newspapers. The paper will raise the questions: How does Odera Oruka’s role as expert on Luo customs fit in with his sage philosophy project? In his testimony at the trial and subsequent public addresses and published work, does he accomplish two important goals, the first being defending African traditions against prejudice and anti-African bias, and secondly, does he champion reform of traditions when reform is needed? And, can Odera Oruka’s participation in the famous trial avoid seeming ethnic chauvinism and marginalization of women? My conclusion is that he achieves the first goal, but some problems remain in the achievement of the other goals. While he often asserted the need to evaluate traditions and to jettison those that have become unhelpful, in this context he evaluated traditions so strongly that the need for evaluation and possible change was muted. (shrink)