The pathologies of the democratic public sphere, first articulated by Plato in his attack on rhetoric, have pushed much of deliberative theory out of the mass public and into the study and design of small scale deliberative venues. The move away from the mass public can be seen in a growing split in deliberative theory between theories of democratic deliberation (on the ascendancy) which focus on discrete deliberative initiatives within democracies and theories of deliberative democracy (on the decline) that attempt (...) to tackle the large questions of how the public, or civil society in general, relates to the state. Using rhetoric as the lens through which to view mass democracy, this essay argues that the key to understanding the deliberative potential of the mass public is in the distinction between deliberative and plebiscitary rhetoric. (shrink)

Democracy is commonly associated with political equality and/or majority rule. This essay shows that these three ideas are conceptually separate, so the transition from any one to another stands in need of further substantive argument, which is not always adequately given. It does this by offering an alternative decision-making mechanism, called lottery voting, in which all individuals cast votes for their preferred options but, instead of these being counted, one is randomly selected and that vote determines the outcome. This procedure (...) is democratic and egalitarian, since all have an equal chance to influence outcomes, but obviously not majoritarian. (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)

The pragmatist view of politics is at its very heart epistemic, for it treats morals and politics as a kind of deliberation or inquiry, not terribly unlike other kinds of inquiry. With the exception of Richard Rorty, the pragmatists argue that morals and politics, like science, aim at the truth or at getting things right and that the best method for achieving this aim is a method they sometimes call the scientific method or the method of intelligence – what would (...) now be termed deliberative democracy. Hence, the pragmatists offer an argument for democracy which appeals to the quality of the decisions supplied by democratic procedure. Why should we value decisions that are the products of voting after open debate over private decision-making and then voting, over bargaining, or over elimination of those who disagree with us? We should value them because the deliberative democratic method is more likely to give us true or right or justified answers to our questions. Rorty, of course, thinks that no inquiry aims at the truth and that nothing about pragmatism speaks in democracy's favor. This paper will show how his brand of pragmatism betrays what is good and deeply interesting in the pragmatist tradition. (shrink)

The defects of any form of government may be either negative or positive. It is negatively defective if it does not concentrate in the hands of the authorities power sufficient to fulfil the necessary offices of a government; or if it does not sufficiently develop by exercise the active capacities and social feelings of the individual citizens. On neither of these points is it necessary that much should be said at this stage of our inquiry.