Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

There is no problem more crucial to contemporary political thought than the status of democracy, its role, and its problems in the contemporary world. In this survey of democratic theory, Thomas Christiano introduces the reader to the principles underlying democracy and to the problems involved in applying these principles to real life situations.B.

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)

How and Why Groups Polarize Polarization and Democracy Deliberative Trouble Notes.

This paper provides a critical overview of the realist current in contemporary political philosophy. We define political realism on the basis of its attempt to give varying degrees of autonomy to politics as a sphere of human activity, in large part through its exploration of the sources of normativity appropriate for the political and so distinguish sharply between political realism and non-ideal theory. We then identify and discuss four key arguments advanced by political realists: from ideology, from the relationship of (...) ethics to politics, from the priority of legitimacy over justice and from the nature of political judgement. Next, we ask to what extent realism is a methodological approach as opposed to a substantive political position and so discuss the relationship between realism and a few such positions. We close by pointing out the links between contemporary realism and the realist strand that runs through much of the history of Western political thought. (shrink)

Discussion is frequently observed in democratic politics, but change in view is rarely observed. Call this the ‘unchanging minds hypothesis’. I assume that a given belief or desire is not isolated, but, rather, is located in a network structure of attitudes, such that persuasion sufficient to change an attitude in isolation is not sufficient to change the attitude as supported by its network. The network structure of attitudes explains why the unchanging minds hypothesis seems to be true, and why it (...) is false: due to the network, the effects of deliberative persuasion are typically latent, indirect, delayed, or disguised. Finally, I connect up the coherence account of attitudes to several topics in recent political and democratic theory. Key Words: deliberation • democracy • persuasion • change in view • coherence. (shrink)

Cass Sunstein details intrinsic flaws in group discussion, even in ideal deliberation, and draws attention to prediction markets and information-aggregation devices on the internet as supplements to discussion. I respond that the supposed flaws do not affect ideal deliberation, and that the evaluation of group discussion is too pessimistic: there are alternative hypotheses to account for his findings, and there are doubts about their external validity. Also, I contend that his evaluation of prediction markets and internet devices is too optimistic. (...) The markets have failed miserably, and the internet is vulnerable to astroturfing by the powerful and wealthy. (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)

This paper takes stock of a recent but growing movement within the field of deliberative democracy, which normatively argues for the epistemic dimension of democratic authority and positively defends the truth-tracking properties of democratic procedures. Authors within that movement call themselves epistemic democrats, hence the recognition by many of an ‘epistemic turn’ in democratic theory. The paper argues that this turn is a desirable direction in which the field ought to evolve, taking it beyond the ‘fact of disagreement’ that had (...) previously blocked the conceptual road to acknowledging more than intrinsic properties to democratic decision procedures. The paper shows how two authors in particular – Joshua Cohen and David Estlund – have successfully lifted the Rawlsian requirement of epistemic abstinence and defends epistemic democrats and the implications of the epistemic turn in democratic theory against various misconceptions. (shrink)

Recent accounts of epistemic democracy aim to show that in some qualified sense, democratic institutions have a tendency to produce reasonable outcomes. Epistemic democrats aim to offer such accounts without presupposing any narrow, controversial view of what the outcomes of democratic procedures should be, much as a good justification of a particular scientific research design does not presuppose the hypothesis that the research aims to test. The article considers whether this aim is achievable. It asks, in particular, whether accounts of (...) epistemic democracy can be reconciled with the commonly held view that disagreement about which laws and policies should be enacted is a fundamental, permanent feature of democratic politics and imposes constraints on how we justify democratic procedures. (shrink)

The most widely debated conception of democracy in recent years is deliberative democracy--the idea that citizens or their representatives owe each other mutually acceptable reasons for the laws they enact. Two prominent voices in the ongoing discussion are Amy Gutmann and Dennis Thompson. In Why Deliberative Democracy?, they move the debate forward beyond their influential book, Democracy and Disagreement.What exactly is deliberative democracy? Why is it more defensible than its rivals? By offering clear answers to these timely questions, Gutmann and (...) Thompson illuminate the theory and practice of justifying public policies in contemporary democracies. They not only develop their theory of deliberative democracy in new directions but also apply it to new practical problems. They discuss bioethics, health care, truth commissions, educational policy, and decisions to declare war. In "What Deliberative Democracy Means," which opens this collection of essays, they provide the most accessible exposition of deliberative democracy to date. They show how deliberative democracy should play an important role even in the debates about military intervention abroad.Why Deliberative Democracy? contributes to our understanding of how democratic citizens and their representatives can make justifiable decisions for their society in the face of the fundamental disagreements that are inevitable in diverse societies. Gutmann and Thompson provide a balanced and fair-minded approach that will benefit anyone intent on giving reason and reciprocity a more prominent place in politics than power and special interests. (shrink)

Unsuccessful Adaptations Another Approach: Deliberation Within Dangers of Internal Deliberation Informing the Democratic Imagination From Democratic Deliberation to Democratic Legitimacy Notes.

In this paper, I try to show that democratic consensus – one of the more prominent ideals in recent political thought – is an essential byproduct of epistemically warranted beliefs about political action and organization, at least in those cases where the issues under dispute are epistemic in nature. An essential byproduct (to borrow Jon Elster’s term) is a goal that can only be intentionally achieved by aiming at some other objective. In my usage, a political issue is epistemic when (...) there is some right (or at least best) answer concerning how it ought to be resolved that is independent of people’s beliefs or desires about how it ought to be resolved. An important secondary claim, then, is that it is difficult to explain the presumptive value of political deliberation unless we understand a very large share of political issues as epistemic in nature. This view implies a considerably more contentious model of political deliberation but is not incompatible with familiar forms of conciliatory behavior in our public disputes. (shrink)

How can we assess the epistemic quality of democratic decision-making? Sceptics doubt such assessments are possible, as they must rely on controversial substantive standards of truth and rightness. Challenging that scepticism, this paper suggests a procedure-independent standard for assessing the epistemic quality of democratic decision-making by evaluating whether it is adequately supported by reasons. Adequate support for conclusion is a necessary aspect of epistemic quality for any epistemic justification of democracy, though particularly relevant to theories that emphasize public deliberation. Finding (...) existing methods for measuring the quality of public discourse to fall short, we draw on an epistemological theory of argumentation to provide a more sophisticated approach to evaluating the epistemic quality of democratic decision-making, illustrate how the approach can be used, and demonstrate its relevance for the epistemic turn in democratic theory. (shrink)

The literature on the theory of social choice has grown considerably beyond the few items in existence at the time the first edition of this book appeared in 1951. Some of the new literature has dealt with the technical, mathematical aspects, more with the interpretive. My own thinking has also evolved somewhat, although I remain far from satisfied with present formulations. The exhaustion of the first edition provides a convenient time for a selective and personal stocktaking in the form of (...) an appended commentary entitled, 'Notes on the Theory of Social Choice, 1963, ' containing reflections on the text and its omissions and on some of the more recent literature. This form has seemed more appropriate than a revision of the original text, which has to some extent acquired a life of its own. (shrink)

In this strikingly original book, one of the leading scholars in the field focuses on the influential idea of deliberative democracy. Goodin examines the great challenge of how to implement the deliberative ideal among millions of people at once and comes up with a novel solution: 'democratic deliberation within'.

Democracy is not naturally plausible. Why turn such important matters over to masses of people who have no expertise? Many theories of democracy answer by appealing to the intrinsic value of democratic procedure, leaving aside whether it makes good decisions. In Democratic Authority, David Estlund offers a groundbreaking alternative based on the idea that democratic authority and legitimacy must depend partly on democracy's tendency to make good decisions.Just as with verdicts in jury trials, Estlund argues, the authority and legitimacy of (...) a political decision does not depend on the particular decision being good or correct. But the "epistemic value" of the procedure--the degree to which it can generally be accepted as tending toward a good decision--is nevertheless crucial. Yet if good decisions were all that mattered, one might wonder why those who know best shouldn't simply rule.Estlund's theory--which he calls "epistemic proceduralism"--avoids epistocracy, or the rule of those who know. He argues that while some few people probably do know best, this can be used in political justification only if their expertise is acceptable from all reasonable points of view. If we seek the best epistemic arrangement in this respect, it will be recognizably democratic--with laws and policies actually authorized by the people subject to them. (shrink)

Pragmatism's ambiguous legacy -- Can democracy be a way of life? -- Peirce, inquiry, and politics -- Pluralism and the Peircean view -- Posner's pragmatic realism -- The case of Sidney Hook -- Epilogue : the eclipse narrative revisited.

In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, (...) noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

The maze and the masses -- Democracy as the rule of the dumb many? -- A selective genealogy of the epistemic argument for democracy -- First mechanism of democratic reason: inclusive deliberation -- Epistemic failures of deliberation -- Second mechanism of democratic reason: majority rule.

This book describes a new method of consulting the public that has been tried successfully around the world. The book combines the theory of democracy with actual practice. Fishkin lays out a theory of "deliberative democracy" and shows with practical examples, how it can be realized.

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Theoreticians of deliberative democracy have sometimes found it hard to relate to the seemingly contradictory experimental results produced by psychologists and political scientists. We suggest that this problem may be alleviated by inserting a layer of psychological theory between the empirical results and the normative political theory. In particular, we expose the argumentative theory of reasoning that makes the observed pattern of findings more coherent. According to this theory, individual reasoning mechanisms work best when used to produce and evaluate arguments (...) during a public deliberation. It predicts that when diverse opinions are discussed, group reasoning will outperform individual reasoning. It also predicts that individuals have a strong confirmation bias. When people reason either alone or with like-minded peers, this confirmation bias leads them to reinforce their initial attitudes, explaining individual and group polarization. We suggest that the failures of reasoning are most likely to be remedied at the collective than at the individual level. (shrink)