Deliberation is a standard procedure to make decisions in not too large groups. It has the advantage that the group members can learn from each other and that, at the end, often a consensus emerges that everybody endorses. But a deliberation procedure also has a number of disadvantages. E.g., what consensus is reached usually depends on the order in which the different group members speak. More specifically, the group member who speaks first often has an unproportionally high impact on the (...) final decision: She anchors the deliberation process. While the anchoring effect undoubtably appears in real deliberating groups, we ask whether it also appears in groups whose members are truth-seeking and rational in the sense that they take the information provided by their fellow group members properly into account by updating their beliefs according to plausible rules. To answer this question and to make some progress towards explaining the anchoring effect, a formal model is constructed and analyzed. Using this model, we study the anchoring effect in homogenous groups, for which we provide analytical results, and in inhomogeneous groups, for which we provide simulation results. (shrink)

The aim of this paper is to elucidate a significant epistemic dimension of deliberative democracy. I argue that the role of citizens’ political judgments in deliberative democratic theory commits deliberative democracy to a view of deliberation as an essentially epistemic enterprise, one aimed at identifying correct answers to questions of political morality. This epistemic reading stands in contrast to prevailing views of deliberative democracy that tend to hold that the normatively significant function of deliberation is merely to legitimate democratic decisions, (...) regardless of their substantive correctness. These views tend to regard any epistemic benefit of deliberation as a mere welcome side effect, ancillary to the aim of securing legitimacy. My argument, however, shows deliberative democratic legitimacy itself to depend on the epistemic success of deliberative procedures with respect to questions of political morality. I approach this argument by way of a contrast between deliberative democracy and the so-called aggregative conception of democracy. It will turn out that the important philosophical differences between the two views are located in their different conceptions of political participation and democratic legitimacy. I then go on to argue that the deliberative conceptions of participation and legitimacy give rise to an epistemic dimension which is generally underappreciated, but which is crucial to a proper understanding of deliberative democracy. I conclude that it is incumbent upon deliberative democrats to offer a compelling account of the epistemic value of deliberative procedures. The epistemic value of deliberation is not just a convenient epiphenomenon of deliberative democracy’s legitimation procedures. Rather, it is a necessary condition of those procedures playing their legitimating role at all. (shrink)

Is international judicial human rights review anti-democratic and therefore illegitimate, and objectionably epistocratic to boot? Or is such review compatible with—and even a recommended component of—an epistemic account of democracy? This article defends the latter position, laying out the case for the legitimacy, possibly democratic legitimacy of such judicial review of democratically enacted legislation and policy-making. The article first offers a brief conceptual sketch of the kind of epistemic democracy and the kind of international human rights courts of concern—in particular (...) the European Court of Human Rights. The article goes on to develop some of the relevant aspects of democratic theory: components of an epistemic justification for democratic majority rule, namely to determine whether proposed policy and legislation bundles are just, and providing assurance thereof. Several critical premises and scope conditions are noted. The article goes on to consider the case for international judicial review, arguing that such review helps secure those premises and scope conditions. The article finally considers the scope such review should have—and some objections to such an account. (shrink)

The purpose of this paper is to propose and consider a new constitutional provision that can contribute to the protection of the vital needs of future generations. The proposal I wish to elaborate can be termed the posterity provision, and it has both substantive and procedural elements. The aim of this constitutional provision is twofold. The first is to encourage state authorities to make more future‐oriented deliberations and decisions. The second is to create more public awareness and improve the process (...) of public deliberation about issues affecting near and remote future generations. It is argued that a good case can be made for the proposed reforms compared with alternative substantive constitutional environmental provisions found in existing constitutions and in the literature on legal and political theory. The main reason for this is that the proposed law constitutes a better and more adequate basis for judicial enforcement than the alternatives, which tend to be very vague or unclear. In this connection, I contend that there are both epistemological and moral reasons for introducing constitutional provisions that focus on the protection of critical natural resources essential for meeting the basic physiological needs of future people. It is also argued that the posterity provision can be defended on the basis of central ideas and ideals in recent theory of deliberative democracy. (shrink)

This paper investigates the epistemic powers of democratic institutions through an assessment of three epistemic models of democracy: the Condorcet Jury Theorem, the Diversity Trumps Ability Theorem, and Dewey's experimentalist model. Dewey's model is superior to the others in its ability to model the epistemic functions of three constitutive features of democracy: the epistemic diversity of participants, the interaction of voting with discussion, and feedback mechanisms such as periodic elections and protests. It views democracy as an institution for pooling widely (...) distributed information about problems and policies of public interest by engaging the participation of epistemically diverse knowers. Democratic norms of free discourse, dissent, feedback, and accountability function to ensure collective, experimentally-based learning from the diverse experiences of different knowers. I illustrate these points with a case study of community forestry groups in South Asia, whose epistemic powers have been hobbled by their suppression of women's participation. (shrink)

Critics and defenders of Rawls' idea of public reason have tended to neglect the relationship between this idea and his conception of democratic legitimacy. I shall argue that Rawls' idea of public reason can be interpreted in two different ways, and that the two interpretations support two different conceptions of legitimacy. What I call the substantive interpretation of Rawls' idea of public reason demands that it applies not just to the process of democratic decision-making, but that it extends to the (...) substantive justification of democratic decisions. I shall argue against this interpretation and suggest a procedural interpretation instead. On this view, public reason is invoked when it comes to the political justification of the principles that should govern the process of democratic decision-making, but not – at least not directly – in relation to the content of public deliberation. (shrink)

This article provides a survey of existing studies of majority rule, outlines misconceptions of majority rule, and highlights underexplored fields of research. It argues that the reasons why the minority complies with majority decisions have been underexplored.

This essay examines the implications Wikipedia holds for theories of deliberative democracy. It argues that while similar in some respects, the mode of interaction within Wikipedia represents a distinctive form of “collaborative editing” that departs from many of the qualities traditionally associated with face-to-face deliberation. This online mode of interaction overcomes many of the problems that distort face-to-face deliberations. By mitigating problems that arise in deliberative practice, such as “group polarization” and “hidden profiles,” the wiki model often realizes the epistemic (...) and procedural aspirations of deliberative democracy. These virtues of the Wikipedia model should not, however, lead to the simple conclusion that it ought to replace traditional face-to-face deliberation. Instead, this essay argues that the collaborative editing process found within Wikipedia ought to be viewed as a promising supplement to traditional deliberation. These two modes of communication ought to be viewed in Madisonian terms – as distinctive forms of interaction that check and balance the vices of one another. When combined, the wiki model promotes the virtues of inclusion and accuracy at large scales, while the face-to-face model excels in conditions of localism and promotes the virtues of solidarity and social capital. (shrink)

This paper argues that political civility is actually an illusionistic ideal and that, as such, realism counsels that we acknowledge both its promise and peril. Political civility is, I will argue, a tension-filled ideal. We have good normative reasons to strive for and encourage more civil political interactions, as they model our acknowledgement of others as equal citizens and facilitate high-quality democratic problem-solving. But we must simultaneously be attuned to civility’s limitations, its possible pernicious side-effects, and its potential for strategic (...) manipulation and oppressive abuse, particularly in contemporary, pluralistic and heterogeneous societies. (shrink)

In 2010, the German Federal Ministry of Education and Research started a series of citizens’ dialogues on future technologies. In the context of the German history of public participation in technology-oriented policy making, these dialogues are unique for at least two reasons: The Federal Ministry retains the responsibility for the entire process and is heavily involved in its planning, organization and communication, and the number of participants and process elements is significantly higher than in most other participative events. The paper (...) presents insights into the political background of the citizens’ dialogues, its general concept as well as first observations from the dialogue rounds on energy and high-tech medicine. In addition, it discusses reactions of other political actors and expectations regarding legitimacy and representativeness of the dialogue results. (shrink)

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

There can be good reasons to doubt the authority of a group of scientists. But those reasons do not include lack of unanimity among them. Indeed, holding science to a unanimity or near-unanimity standard has a pernicious effect on scientific deliberation, and on the transparency that is so crucial to the authority of science in a democracy. What authorizes a conclusion is the quality of the deliberation that produced it, which is enhanced by the presence of a non-dismissible minority. Scientists (...) can speak as one in more ways than one. We recommend a different sort of consensus that is partly substantive and partly procedural. It is a version of what Margaret Gilbert calls “joint acceptance” – we call it “deliberative acceptance.” It capitalizes on there being a persistent minority, and thereby encourages accurate reporting of the state of agreement and disagreement among deliberators. (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)

There are two principal philosophical conceptions of socialism, corresponding to two interpretations of the notion of a rational society. The first conception corresponds to an instrumental view of social rationality. Captured by the image of socialism as “one big workshop,” the instrumental view holds that social ownership of the means of production is rational because it promotes the optimal development of the productive forces. Social ownership is optimal because it eliminates the costs of coordination imposed by the conduct of economic (...) activities in formally independent enterprises, and, more generally, overcomes fetters on development that result from the control of resources by individuals whose particular interests imperfectly correspond to a general interest in productive advance. (shrink)

Should voting be compulsory? This question has recently gained the attention of political scientists, politicians and philosophers, many of whom believe that countries, like Britain, which have never had compulsion, ought to adopt it. The arguments are a mixture of principle and political calculation, reflecting the idea that compulsory voting is morally right and that it is will prove beneficial. This article casts a sceptical eye on the claims, by emphasizing how complex political morality and strategy can be. Hence, I (...) show, while there are good reasons to worry about voter turnout in established democracies, and to worry about inequalities of turnout as well, the case for compulsory voting is unpersuasive. (shrink)

Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others associate it with the (...) justification, or at least the sanctioning, of existing political authority. Authority stands for a right to rule—a right to issue commands and, possibly, to enforce these commands using coercive power. An additional question is whether legitimate political authority is understood to entail political obligations or not. Most people probably think it does. But some think that the moral obligation to obey political authority can be separated from an account of legitimate authority, or at least that such obligations arise only if further conditions hold. (shrink)

The purpose of this paper is to propose and consider a new constitutional provision that can contribute to the protection of the vital needs of future generations. The proposal I wish to elaborate can be termed the posterity provision, and it has both substantive and procedural elements. The aim of this constitutional provision is twofold. The first is to encourage state authorities to make more future‐oriented deliberations and decisions. The second is to create more public awareness and improve the process (...) of public deliberation about issues affecting near and remote future generations. It is argued that a good case can be made for the proposed reforms compared with alternative substantive constitutional environmental provisions found in existing constitutions and in the literature on legal and political theory. The main reason for this is that the proposed law constitutes a better and more adequate basis for judicial enforcement than the alternatives, which tend to be very vague or unclear. In this connection, I contend that there are both epistemological and moral reasons for introducing constitutional provisions that focus on the protection of critical natural resources essential for meeting the basic physiological needs of future people. It is also argued that the posterity provision can be defended on the basis of central ideas and ideals in recent theory of deliberative democracy. (shrink)

Communism may be dead, but a quasi?Marxist critique of liberal democracy survives in the writings of a number of thinkers ? most notably, David Miller and John Dryzek ? who deplore the self?centered apathy of their fellow citizens and defend the radical ideal of deliberative democracy. Inspired mainly by Rousseau and Habermas, this emergent school of thought argues for a more participatory system where the public interest takes precedence over private interest, and where rational argument replaces cynical manipulation. The paper (...) questions whether the deliberative model can cope with the incalculable complexity of modern society. Deliberative democracy, it is contended, rests on doubtful metaphysical assumptions, a blinkered approach to empirical evidence, and a common misapprehension about the nature of political argument. (shrink)

In a recent article, Iris Marion Young raises several challenges to deliberative democracy on behalf of political activists. In this paper, the author defends a version of deliberative democracy against the activist challenges raised by Young and devises challenges to activism on behalf of the deliberative democrat. Key Words: activism • deliberative democracy • Discourse • Ideology • public sphere • I. M. Young.

A conception of legitimacy is at the core of normative theories of democracy. Many different conceptions of legitimacy have been put forward, either explicitly or implicitly. In this article, I shall first provide a taxonomy of conceptions of legitimacy that can be identified in contemporary democratic theory. The taxonomy covers both aggregative and deliberative democracy. I then argue for a conception of democratic legitimacy that takes the epistemic dimension of public deliberation seriously. In contrast to standard interpretations of epistemic democracy, (...) however, the conception I put forward avoids procedure-independent standards of correctness. Instead, it relies on a procedural social epistemology and defines legitimacy entirely in terms of the fairness of procedures. I call this conception of democratic legitimacy `Pure Epistemic Proceduralism'. I shall argue that it should be preferred over `Rational Epistemic Proceduralism', the conception of legitimacy that underlies the standard interpretation of epistemic democracy. Key Words: legitimacy • deliberative democracy • epistemic democracy • social epistemology. (shrink)

The central contention of theories of deliberative democracy is that deliberative arrangements should encourage the support of interests that are general to all. Democratic theorists have also suggested that the natural environment will be a likely beneficiary following public deliberation, given the inherent rationality in supporting interests that will lead to the long-term survival of the planet. This paper addresses the question of general environmental interests through two case studies in Australian local government and argues there are at least three (...) factors that affect the ability of notionally deliberative arrangements to deliver outcomes that appear favourable to the natural environment. (shrink)

In Democratic Authority, David Estlund 2008 presents a major new defense of democracy, called epistemic proceduralism. The theory claims that democracy exercises legitimate authority in virtue of possessing a modest epistemic power: its decisions are the product of procedures that tend to produce just laws at a better than chance rate, and better than any other type of government that is justifiable within the terms of public reason. The balance Estlund strikes between epistemic and non-epistemic justifications of democracy is open (...) to question, both for its neglect of the roles of non-epistemic values of equality and collective autonomy in democracy, and for the ways his use of the public reason standard overshadows empirically based epistemic arguments for democracy. Nevertheless, Estlund presents telling critiques of rival theories and develops a sophisticated alternative that illuminates some central normative features of democracy. (shrink)

As part of the recent rethinking of green politics, the construction of a green democracy has been subjected to increasing scrutiny. There is a growing consensus around deliberative democracy as the preferred model for the realisation of the green programme. As a result several arguments emerge when deliberative principles and procedures are to be justified from a green standpoint. This paper offers a critical assessment of the green case for deliberative democracy, showing that deliberation is being asked to deliver more (...) than it is able to. However, it is suggested that the connection between sustainability, understood as a normative principle, and deliberative procedures may ultimately offer the best grounds for such a defence. (shrink)

This paper examines the idea that straight talk can actually pose certain dangers for democracy by asking two interrelated questions. First, does our belief in the importance of sincerity necessarily improve political deliberation? Second, does our belief cause us to under-appreciate other important communicative resources? We will see that much hinges on our answers to these questions because they deal directly with whose voices are to be considered legitimate and authoritative in our public sphere. This paper begins from a deliberative (...) democratic standpoint: democracy is a logocentric enterprise—that is, language is at the center of democratic political projects. So it is critical that we pay attention to how we evaluate political words. Otherwise, not only can we not really understand what is going on in the public sphere, but we are also more likely to make poor judgments about what sort of speech and speakers make our democracy more robust. -/- To explore these questions, this paper examines the discourse ethics that underwrite much of deliberative democratic theory (section I). It then goes on to discuss some of the dangers that the particular ethic of sincerity poses for democratic communication. The paper argues that the emphasis on sincerity: -/- 1) too easily collapses the relation between claims to truthfulness and truth claims and contributes to an undemocratic epistemology; 2) oversimplifies human psychology, ignoring the possibility of multiple and complexly related intentions; 3) denigrates “rhetorical” forms of speech; and 4) privileges a seemingly non-rhetorical mode of communication: hyper-sincerity. (shrink)

Th is paper investigates the epistemic powers of democratic institutions through an assessment of three epistemic models of democracy : the Condorcet Jury Th eorem, the Diversity Trumps Ability Th eorem, and Dewey's experimentalist model. Dewey's model is superior to the others in its ability to model the epistemic functions of three constitutive features of democracy : the epistemic diversity of participants, the interaction of voting with discussion, and feedback mechanisms such as periodic elections and protests. It views democracy as (...) an institution for pooling widely distributed information about problems and policies of public interest by engaging the participation of epistemically diverse knowers. Democratic norms of free discourse, dissent, feedback, and accountability function to ensure collective, experimentallybased learning from the diverse experiences of diff erent knowers. I illustrate these points with a case study of community forestry groups in South Asia, whose epistemic powers have been hobbled by their suppression of women's participation. (shrink)

Legal scholars generally consider the theorisation and constitutionalisation of constitutional interpretation as a matter for the courts. This article first challenges this tendency on conceptual grounds, showing that no institutional commitment follows from the nature of interpretation in law, constitutional law included. It then provides guidance for thinking about institutional perspectives according to two criteria: the nature and normative strength of the sources interpreted and the capacity of the interpreter to include and consider every possibility affected when her interpretation carries (...) collective effects and is authoritatively final. The application of these criteria places the discussion on the grounds of democratic theory. The article thus reviews competing democratic theories and champions deliberative democracy as the alternative whose constitutive features best allow for the development of institutions capable of exercising constitutional interpretation when the imposition of meaning on the constitution is final and carrieserga omneseffects. (shrink)

Business firms play an increasingly influential role in contemporary societies, which has led many scholars to return to the question of the democratisation of corporate governance. However, the possibility of democratic deliberation within firms has received only marginal attention in the current debate. This article fills this gap in the literature by making a normative case for democratic deliberation at the workplace and empirically assessing the deliberative capacity of self-organised teams within business firms. It is based on sixteen in-depth interviews (...) in six German firms which practice various forms of self-organised teamwork. The article argues that self-organised teamwork can create a space for authentic, inclusive, and consequential deliberation by suspending authoritarian control structures within business firms. Finally, the article proposes the consideration of firms not only as necessary parts of a larger deliberative system but also as deliberative systems in themselves. (shrink)

Este trabajo investiga las capacidades epistémicas de las instituciones democráticas a través de una evaluación de tres modelos epistémicos de democracia: el Teorema del Jurado de Condorcet, el Teorema ‘Diversidad supera Habilidad’ y el modelo experimentalista de Dewey. El modelo de Dewey es superior a los demás en su capacidad de modelar las funciones epistémicas de tres características constitutivas de la democracia: la diversidad epistémica de los participantes, la interacción de la votación con el debate y los mecanismos de retroalimentación (...) como las elecciones periódicas y las protestas. Considera que la democracia es una institución para reunir información ampliamente distribuida sobre problemas y políticas de interés público mediante la participación de conocedores epistémicamente diversos. Las normas democráticas de libre discurso, disenso, retroalimentación y rendición de cuentas funcionan para garantizar el aprendizaje colectivo y con base experimental a partir de las diversas experiencias de los diferentes conocedores. Ilustro estos puntos con un estudio de caso de grupos forestales comunitarios en el Asia meridional, cuyas capacidades epistémicas se han visto perjudicadas por la supresión de la participación de las mujeres. (shrink)

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

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

In this paper, we examine whether it is possible to improve democracy by encouraging ordinary citizens to participate in political decision-making and if participation in deliberative institutions can make citizens more competent decision-makers. By using qualitative data, we analyze the discussion from the Belgrade citizens? assembly focused on the topic of expanding the pedestrian zone in the city center. The CA was organized in Serbia for the first time, as part of a research project aimed at promoting and advancing innovative (...) democratic practices in the Western Balkans. The goal was to encourage the involvement of citizens in discussions of public interest. Our hypothesis was that, through the process of participation and deliberation in CA, ordinary citizens can make reasonable and informed choices, increase their knowledge of the issue discussed, and become more motivated to participate in political decision-making on the local level. Our qualitative content analysis suggests that deliberation had a positive impact on participants? knowledge of the chosen topic of the assembly. It also shows that citizens used exhaustive explanations rather than brief statements, could differentiate the good arguments from the bad, and more often appealed to general rather than private interests. Participants in the assembly reported a significant increase in interest in political decision-making that affects their lives, as well as a sense of being informed about politics. Finally, we wanted to draw attention to the challenges and open questions that remain, namely those that concern the impact of a deliberative body on political decision-making in the real world. (shrink)

Pre-theoretically, it seems obvious that there are deep and multifarious relations between memory and emotions. On the one hand, a large chunk of our affective lives concerns the good and bad events that happened to us and that we preserve in memory. This is one amongst the many ways in which memory is relevant to the nature and causation of emotions. What does recent research teach us about these relations? § 1 surveys some key issues in this regard. On the (...) other hand, which events we happen to preserve in memory very much depends on how we affectively reacted to them when they took place. Emotions are relevant to the nature and causation of memory in this and many other ways. Key issues regarding these relations are surveyed in § 2. (shrink)

The debate over rival conceptions of political legitimacy tends to focus on first-order considerations—for example, on the relative importance of procedural and substantive values. In this essay, I argue that there is an important, but often overlooked, distinction among rival conceptions of political legitimacy that originates at the meta-normative level. This distinction, which cuts across the distinctions drawn at the first-order level, concerns the source of the normativity of political legitimacy, or, as I refer to it here, the grounds of (...) political legitimacy. If we focus on the grounds of political legitimacy, there are three main conceptions of political legitimacy: will-based, belief-based, and fact-based conceptions. I present an objection to each of those main conceptions and defend a hybrid account of the grounds of political legitimacy. (shrink)

The characteristic features of ensemble dance improvisation (EDI) make it an interesting case for theories of intentional collective action. These features include the high degree of freedom enjoyed by each individual, and the lack of fixed hierarchical roles, rigid decision procedures, or detailed plans. In this article, we present a “reductive” approach to collective action, apply it to EDI, and show how the theory enriches our perspective on this practice. We show, with the help of our theory of collective action, (...) that EDI (as typically practiced) constitutes a significant collective achievement, one that manifests an impressive, spontaneous, jointly cooperative and individually highly autonomous activity that meets demanding aesthetic standards. Its being good in this way is not a mere extrinsic feature of the artwork, but part of its aesthetic value. We end by discussing how this value is easily missed by classic aesthetics, but is revealed by more contemporary frameworks like social aesthetics. (shrink)

Swedish hunters sometimes appeal to an inviolate ‘right to exist’ for wolves, apparently rejecting NIMBY. Nevertheless, the conditions existence hunters impose on wolves in practice fundamentally contradict their use of right to exist language. Hunters appeal to this language hoping to gain uptake in a conservation and management discourse demanding appropriately objective ecological language. However, their contradictory use of ‘right to exist' opens them up to the charge that they are being deceptive – indeed, right to exist is a 'disguised (...) NIMBY!' We address this situation by distinguishing hunters’ criticisms of wolves from the procedures for reaching objective policy decisions. (shrink)

What obligations are there on voters? This paper argues that voters should make their electoral decision competently, and does so by developing on a recent proposal for democratic legitimacy. It then explores three problems arising from this ‘competency obligation’. First, how should voters be competent? I propose three conditions required for voter competence. Second, how competent should voters be? I argue that the competency required tracks the significance of the consequences of the vote. Third, if the electorate are unlikely to (...) deliver a competent decision, should suffrage be restricted to the competent alone? I defend unrestricted suffrage on the grounds that restricting suffrage cannot guarantee a competently made electoral decision. Instead, obligations on voters should be minimised by political parties satisfying their obligations to be politically sound; if they are sound, then the obligation to be competent can be easily satisfied by voters. (shrink)

ABSTRACTA recent line of argument insists that replacing democracy with markets would improve social decision making due to markets’ superior use of knowledge. These arguments are flawed by unrealistic assumptions, unfair comparisons, and a neglect of the epistemic limits of markets. In reality, the epistemic advantages of markets over democracy are circumscribed and often illusory. A recognition of markets’ epistemic limits can, however, provide guidance for designing institutions in ways that capture the advantages of both.

This article offers a comprehensive review of the major theoretical issues and findings of the epistemic approaches to deliberative democracy. Section 2 surveys the norms and ideals of deliberative democracy in relation to deliberation's ability to “track the truth.” Section 3 examines the conditions under which deliberative mini‐publics can “track the truth.” Section 4 discusses how “truth‐tracking” deliberative democracy is possible through the division of epistemic labor in a deliberative system.

According to an influential objection, which Martha Nussbaum has powerfully restated, expressing anger in democratic public discourse is counterproductive from the standpoint of justice. To resist this challenge, this article articulates a crucial yet underappreciated sense in which angry discourse is epistemically productive. Drawing on recent developments in the philosophy of emotion, which emphasize the distinctive phenomenology of emotion, I argue that conveying anger to one’s listeners is epistemically valuable in two respects: first, it can direct listeners’ attention to elusive (...) morally relevant features of the situation; second, it enables them to register injustices that their existing evaluative categories are not yet suited to capturing. Thus, when employed skillfully, angry speech promotes a greater understanding of existing injustices. This epistemic role is indispensable in highly divided societies, where the injustices endured by some groups are often invisible to, or misunderstood by, other... (shrink)

The chapters in this book deal with different, though related, topics concerning the tense relationship between democracy and diversity. On the one hand, social diversity represents an opportunity, widening the horizon of social options and perspectives of innovation, but, on the other hand, it creates problems for the social cohesion and peaceful coexistence of many groups, be they majority or minority. The chapters depart from the intrinsic connection between democracy and diversity – and the unavoidable challenges that pluralism poses to (...) decision-making procedures – investigating, from different perspectives, how the normative requirement of fully respecting agents’ reflexive agency impacts the revision of democratic decision-making procedures and the way in which institutions react to citizens’ justice-based claims. (shrink)

A central discussion in the theory of deliberative democracy in recent decades has focused on whether democratic deliberation, and consequently those participating in it, should aim, at least ideally, for political consensus. Thus, pluralist deliberative democrats have criticized the consensualist approach to deliberative democracy for neglecting the moral importance of political disagreement because of their fixation with reaching consensus. The debate between these two positions, initiated in the 1990s, has evolved in recent years toward more precision and sophistication. However, some (...) vagueness and ambiguities remain in many of the contributions and prevent us from getting an exact idea of the object of discussion. This article starts making further distinctions about several types of agreement and disagreement in order to clarify much more precisely the exact niche of dispute between these two views. They do not need to disagree on the value of many forms of disagreement and consensus. Their dispute consists only in a controversy about the relative value of post-deliberative, operative, substantive, legislative, regulatory, or adjudicative reason-based consensus as opposed to the corresponding reason-based disagreement. Finally, the article argues that this relatively small niche is made smaller by certain considerations. The most important of them is that this controversy remains at a high theoretical level and lacks practical importance: it only affects the kind of personal ideal commitment or aspiration that virtuous deliberators should have when entering into a deliberative process, and has no concrete consequent institutional implications. (shrink)