ABSTRACT:Many companies engage in dialogue with nongovernmental organizations about societal issues. The question is what a regulative ideal for such dialogues should be. In the literature on corporate social responsibility, the Habermasian notion of communicative action is often presented as a regulative ideal for stakeholder dialogue, implying that actors should aim at consensus and set strategic considerations aside. In this article, we argue that in many cases, communicative action is not a suitable regulative ideal for dialogue between companies and NGOs. (...) We contend that there is often an adversarial element in the relation between companies and NGOs, and that an orientation towards consensus can be in tension with this adversarial relation. We develop an alternative approach to stakeholder dialogue called ‘agonistic deliberation.’ In this approach, conflict and strategic considerations play a legitimate and, up to a certain point, desirable role. (shrink)

Agonistic democrats have enriched debates on the political challenge of pluralism by raising awareness for the depth of disagreements and the political potentials of conflict. However, they have so far failed to explore the shape of institutional settings that are conducive to agonism and show how the agonistic stance may, in a very practical sense, strengthen democracies’ capacity to deal with pluralism and conflict. This article argues that this ‘institutional deficit’ of agonistic democracy can be overcome. It develops an approach (...) that reads theories of agonistic democracy as accounts of conflict regulation and uses principles of agonistic politics as measures for a critical assessment of institutional design. A discussion of a test case that is prominent in the recent literature on democratic innovations for pluralist societies—mini-publics—demonstrates that the principles of agonistic conflict regulation as developed by Mouffe, Connolly and Tully provide the basis for both a critique of certain institutions and a development of alternative designs. (shrink)

Recent debates in political theory display a renewed interest in the problem of judgment. This article critically examines the different senses of judgment that are at play in Jürgen Habermas’ theory of law. The article offers a new critical reading of Habermas’ account of the legitimacy of law, and a revisionary interpretation of the reconstructive approach to political theory that underpins it. Both of these are instrumental to an understanding of what is involved in judging the legitimacy of law that (...) is richer than has been recognized thus far by both critics and defenders of Habermas. (shrink)

Consensus plays an ambiguous role in deliberative democracy. While it formed the horizon of early deliberative theories, many now denounce it as an empirically unachievable outcome, a logically impossible stopping rule, and a normatively undesirable ideal. Deliberative disagreement, by contrast, is celebrated not just as an empirically unavoidable outcome but also as a democratically sound and normatively desirable goal of deliberation. Majority rule has generally displaced unanimity as the ideal way of bringing deliberation to a close. This article offers an (...) epistemic perspective on this question of consensus versus disagreement. For ensuring the production of better decisions, we argue, the normative appeal of consensus varies depending on the deliberative task – whether it entails problem solving or prediction. We argue that in pure problem-solving contexts, consensus retains a strong normative appeal and forms the ideal deliberative outcome of deliberation. In contrast, on predictive tasks, consensus should generally not be used as a stopping rule noris it likely to be epistemically desirable as an outcome. Instead deliberators may be better served by ending the deliberation with a form of deliberative disagreement we call ‘positive dissensus’, which paves the way for more accurate aggregate predictions. (shrink)

Jürgen Habermas’s theory of ‘discourse ethics’ has been an important source of inspiration for theories of deliberative democracy and is typically contrasted with agonistic conceptions of democracy represented by theorists such as Chantal Mouffe. In this article I show that this contrast is overstated. By focusing on the different philosophical traditions that underpin Mouffe’s and Habermas’s respective approaches, commentators have generally overlooked the political similarities between these thinkers. I examine Habermas’s and Mouffe’s respective conceptions of democratic politics and argue that (...) they cannot be so neatly distinguished from each other. I show that much of Mouffe’s criticism of Habermas’s theory does not hold up to careful scrutiny, and discourse ethics shares important points of similarity with her own democratic theory. By using critical republican theory to show the similarities in their work, I push beyond the agonistic versus deliberative debate, and show that at the heart of both of these approaches is a critical republican emphasis on the need for civic solidarity, on the constructive role of conflict in democratic politics and on the vital importance of self-government. These are crucial ingredients for the regeneration of democracy in contemporary pluralistic societies. (shrink)

Would democratic theory in its empirical and normative guises be in a better position without the theory of the deliberative public sphere? In this paper I explore recent theories of agonistic democracy that have answered this question in the affirmative. I question their assertionthat the theory of the public sphere should be abandoned in favor of a model of democratic politics based on political contestation. Furthermore, I explore one of the fundamental assumptionsat work in the debate about the theory of (...) the public sphere’s status, namely the assumed opposition between consensus and contestation. Questioning the rigid nature of the opposition, I go on to argue that the deliberative theory of the public sphere actually facilitates the development of the agonistic approach to democratic theory and practice. Key Words: agonistic democracy • deliberative democracy • democratic theory • Habermas • theory of the public sphere. (shrink)

This essay takes as its starting point an apparent tension between theories of democratic deliberation and democratic theories of multicultural accommodation and makes the case that many multiculturalists and deliberative democrats converge on an ideal of political freedom, understood as nondomination. It argues for distinguishing two dimensions of nondomination: inter-agentive nondomination, which obtains when all participants in a power relation are free from rule by others who can set its terms, and systemic nondomination, which obtains when the terms of a (...) power relation itself are responsive to those they affect. Because inter-agentive and systemic nondomination do not covary, it is critical to distinguish between them, in order to build institutions and practices that promote both. (shrink)

Can the public sphere be conceptualised in a manner that is non-reductive and inclusive? In this article, we survey the main literature on the public sphere and demonstrate that, despite apparent diversity, the dominant approaches to its conceptualisation share the same ‘matter and form’ or hylomorphic assumptions. In challenging these assumptions, our aim is to demonstrate that it is the hylomorphic model of the public sphere that prevents non-reductive conceptualisation of its essentially changing nature. Hylomorphic models of the public sphere, (...) we argue, will never yield this result because they perpetuate established identities over emergent differences. We conclude that progress toward non-reductive and inclusive accounts of the public sphere would be best served by foregoing hylomorphic models in favour of ontogenetic ones, when thinking about the changing nature of the public sphere. (shrink)

ABSTRACTThis article studies multi-stakeholder initiatives as spaces for both deliberation and contestation between constituencies with competing discourses and disputed values, beliefs, and preferences. We review different theoretical perspectives on MSIs, which see them mainly as spaces to find solutions to market problems, as spaces of conflict and bargaining, or as spaces of consensus. In contrast, we build on a contestatory deliberative perspective, which gives equal value to both contestation and consensus. We identify four types of internal contestation which can be (...) present in MSIs—procedural, inclusiveness, epistemic, and ultimate-goal—and argue that embracing contestation and engaging in ongoing revision of provisional agreements, criteria, and goals can enhance the democratic quality of MSIs. Finally, we explore the implications of this perspective for theorizing about the democratic quality in MSIs and about the role of corporations in transnational governance. (shrink)

Jürgen Habermas’s theory of ‘discourse ethics’ has been an important source of inspiration for theories of deliberative democracy and is typically contrasted with agonistic conceptions of democracy represented by theorists such as Chantal Mouffe. In this article I show that this contrast is overstated. By focusing on the different philosophical traditions that underpin Mouffe’s and Habermas’s respective approaches, commentators have generally overlooked the political similarities between these thinkers. I examine Habermas’s and Mouffe’s respective conceptions of democratic politics and argue that (...) they cannot be so neatly distinguished from each other. I show that much of Mouffe’s criticism of Habermas’s theory does not hold up to careful scrutiny, and discourse ethics shares important points of similarity with her own democratic theory. By using critical republican theory to show the similarities in their work, I push beyond the agonistic versus deliberative debate, and show that at the heart of both of these approaches is a critical republican emphasis on the need for civic solidarity, on the constructive role of conflict in democratic politics and on the vital importance of self-government. These are crucial ingredients for the regeneration of democracy in contemporary pluralistic societies. (shrink)

Lyotard’s diagnosis of a ‘postmodern condition’ has been repeatedly interpreted as a disavowal of the universal aspiration of political action and judgment. This article challenges this interpretation by showing that postmodernity involves an attempt to reconsider universality in such a way that it involves dissensus rather than consensus. I proceed by reconstructing Lyotard’s critique of the idea of consensus as a ground of political action and judgment, which in his view is based on a certain model of production of scientific (...) knowledge. Then, I analyse Lyotard’s turn to Kant’s judgment of the sublime as an alternative to a consensus-based conception of universal judgments. In the judgment of the sublime, universality stems from the disagreement between the faculties, which arouses respect for universal ideas. Analogously, political judgments stem from the disagreement between heterogeneous discourses, which produces a universal call to invent new languages that make communication possible. (shrink)

The article shows that Habermas’s modernism and Lyotard’s postmodernism are not as antithetical as they are often taken to be. First, we argue that Habermas is not a strong foundationalist concerned with identifying universal rules for language, as postmodern critiques have often interpreted him. Instead, he develops a social pragmatics in which the communicative use of language is the fundamental presupposition of any meaningful interaction. Second, we argue that Lyotard is not a relativist who denies any universal linguistic structure. Instead, (...) he claims that language involves a universal element of dissensus that cannot be subordinated to consensus. Third, we show that neither does Habermas defend a new version of the kind of philosophy of history characteristic of the Enlightenment, nor is Lyotard a historical relativist, but instead they both seek alternatives to these positions. The conclusion calls for more nuance in the interpretation of both perspectives. (shrink)