Taken as a model for how groups should make collective judgments and decisions, the ideal of deliberative democracy is inherently ambiguous. Consider the idealised case where it is agreed on all sides that a certain conclusion should be endorsed if and only if certain premises are admitted. Does deliberative democracy recommend that members of the group debate the premises and then individually vote, in the light of that debate, on whether or not to support the conclusion? Or does it recommend (...) that members individually vote on the premises, and then let their commitment to the conclusion be settled by whether or not the group endorses the required premises? Deliberative-democratic theory has not addressed this issue, and this is a problem. The discursive dilemma of my title--a generalisation of the doctrinal paradox from analytical jurisprudence--shows that the procedures distinguished can come apart. Thus deliberative democrats must make up their minds on where they stand in relation to the issue; they cannot sit on the fence. This paper is an attempt to address the issue and look at the grounds on which it may be resolved. (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)

Suppose that the members of a group each hold a rational set of judgments on some interconnected questions, and imagine that the group itself has to form a collective, rational set of judgments on those questions. How should it go about dealing with this task? We argue that the question raised is subject to a difficulty that has recently been noticed in discussion of the doctrinal paradox in jurisprudence. And we show that there is a general impossibility theorem that that (...) difficulty illustrates. Our paper describes this impossibility result and provides an exploration of its significance. The result naturally invites comparison with Kenneth Arrow's famous theorem (Arrow, 1963 and 1984; Sen, 1970) and we elaborate that comparison in a companion paper (List and Pettit, 2002). The paper is in four sections. The first section documents the need for various groups to aggregate its members' judgments; the second presents the discursive paradox; the third gives an informal statement of the more general impossibility result; the formal proof is presented in an appendix. The fourth section, finally, discusses some escape routes from that impossibility. (shrink)

Taken as a model for how groups should make collective judgments and decisions, the ideal of deliberative democracy is inherently ambiguous. Consider the idealised case where it is agreed on all sides that a certain conclusion should be endorsed if and only if certain premises are admitted. Does deliberative democracy recommend that members of the group debate the premises and then individually vote, in the light of that debate, on whether or not to support the conclusion? Or does it recommend (...) that members individually vote on the premises, and then let their commitment to the conclusion be settled by whether or not the group endorses the required premises? Is deliberative democracy to enforce the discipline of reason at the individual level, as in the first possibility, or at the collective level, as in the second? (shrink)

This paper generalises the classical Condorcet jury theorem from majority voting over two options to plurality voting over multiple options. The paper further discusses the debate between epistemic and procedural democracy and situates its formal results in that debate. The paper finally compares a number of different social choice procedures for many-option choices in terms of their epistemic merits. An appendix explores the implications of some of the present mathematical results for the question of how probable majority cycles (as in (...) Condorcet's paradox) are in large electorates. (shrink)

The two most influential traditions of contemporary theorizing about democracy, social choice theory and deliberative democracy, are generally thought to be at loggerheads, in that the former demonstrates the impossibility, instability or meaninglessness of the rational collective outcomes sought by the latter. We argue that the two traditions can be reconciled. After expounding the central Arrow and Gibbard-Satterthwaite impossibility results, we reassess their implications, identifying the conditions under which meaningful democratic decision making is possible. We argue that deliberation can promote (...) these conditions, and hence that social choice theory suggests not that democratic decision making is impossible, but rather that democracy must have a deliberative aspect. (shrink)

Legal decision-making emphasizes, in a very self-conscious way, the justificatory significance of reasons. This paper argues that the obligation to provide reasons for choices, which must be articulated and structured around a set of generally shared and publicly comprehensible categories of thought, can serve to make the space of possible choices ‘concept sensitive’ in a very useful way. In particular, concept sensitivity has the effect of restricting certain movements within the choice space so that some of the systematic difficulties in (...) achieving an equilibrium in social choice which arise out of an excess of rational doing are avoided. The resulting equilibrium is path dependent. But because it is dependent on a choice path which ‘makes sense’ (or is ordered by thought precisely because it is concept sensitive), it is not the sort of arbitary path-dependent social choice which originally concerned Kenneth Arrow. This paper illustrates these points with examples from criminal law procedure, contract law and constitutional law. (shrink)