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)

Suppose we have a persistent disagreement about a particular set of policy options, not because of an underlying moral disagreement, or a mere conflict of interest, but rather because we disagree about a crucial non-normative factual assumption underlying the justification of the policy choices. The main question in the paper is what political legitimacy requires in such cases, or indeed whether there are defensible answers to that question. The problem of political legitimacy in fact-dependent policy disagreements has received almost no (...) attention in political philosophy, which has focused mostly on value disagreements and proposed theories of legitimate coercive legislation in valuedependent disagreements. The paper presents an argument showing that under certain plausible assumptions regarding legitimacy, there are serious difficulties in identifying legitimate choices in fact-dependent policy disagreements. This may be unsurprising to political philosophers preoccupied with value-based disagreements, perhaps because it has been assumed that legitimacy-related concerns are irrelevant to fact-dependent policy disagreements. The paper argues that this response is premature. If we should care about legitimacy et al.l, then it is by no means clear why we should ignore issues of legitimacy in policy-disputes that depend on factual disagreements. The paper ends by defining a set of possibilities that merit further exploration in search of a theory of legitimacy in fact-dependent policy disagreements. (shrink)

We all agree that democratic decision-making requires a factual input, and most of us assume that when the pertinent facts are not in plain view they should be furnished by well-functioning scientific institutions. But how should liberal democracy respond when apparently sincere, rational and well-informed citizens object to coercive legislation because it is based on what they consider a misguided trust in certain parts of science? Cases are familiar, the most prominent concerning climate science and evolution, but one may also (...) count GMO-skepticism and vaccine-skepticism, and there are plenty of others. The paper defends what I, borrowing an expression from Badiola, call Science as Public Reason, asserting roughly that some policy-relevant factual proposition P is part of public reason if and only if there is consensus about P among scientific experts in the relevant well-functioning scientific institutions. I defend this view against the controversiality objection claiming that scientific findings cannot in this general way pass as public reason as they are sometimes controversial among reasonable citizens. My preferred line of defense is what I call Dogmatism about Science as Public Reason, which roughly amounts to insisting on Science as Public Reason on the ground that it is a philosophically well-motivated view, while conceding that it may not be acceptable to all minimally rational and well-informed individuals. (shrink)

Recently Robert B. Talisse has put forth a socio-epistemic justification of liberal democracy that he believes qualifies as a public justification in that it purportedly can be endorsed by all reasonable individuals. In avoiding narrow restraints on reasonableness, Talisse argues that he has in fact proposed a justification that crosses the boundaries of a wide range of religious, philosophical and moral worldviews and in this way the justification is sufficiently pluralistic to overcome the challenges of reasonable pluralism familiar from Rawls. (...) The fascinating argument that Talisse furthers is that when cognitively functional individuals reflect on some of their most basic epistemic commitments they will come to see that, in virtue of these commitments, they are also committed to endorsing key liberal democratic institutions. We argue that the socio-epistemic justification can be reasonably rejected on its own terms and thus fails as a public justification approach. This point is made by illustrating the significance of deep epistemic disagreements in liberal democracies. (shrink)

How should the state justify its coercive rules? Public reason liberalism endorses a public justification requirement: Justifications offered for authoritative regulations must be acceptable to all members of the relevant public. However, as a criterion of legitimacy, the public justification requirement is epistemically unreliable: It prioritizes neither the exclusion of false beliefs nor the inclusion of true beliefs in justifications of political rules. This article presents an epistemic alternative to the public justification requirement. Employing epistemological theories of argumentation, we demonstrate (...) how this approach enables assessing the epistemic quality of justifications of political rules, even when the truth is difficult to establish. (shrink)