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)

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)

The Herald of Free Enterprise, a ferry operating in the English Channel, sank on March 6, 1987, drowning nearly two hundred people. The official inquiry found that the company running the ferry was extremely sloppy, with poor routines of checking and management. “From top to bottom the body corporate was infected with the disease of sloppiness.”1 But the courts did not penalize anyone in what might seem to be an appropriate measure, failing to identify individuals in the company or on (...) the ship itself who were seriously enough at fault. As one commentator put it, “The primary requirement of finding an individual who was liable . . . stood in the way of attaching any significance to the organizational sloppiness that had been found by the official inquiry.”2 In a case like this it can make good sense to hold that while the individuals involved may not bear a high degree of personal responsibility, together as a corporate enterprise they should carry full responsibility for what occurred. Although the members may not fully satisfy the conditions for being held personally responsible—although there are mitigating circumstances that excuse them in some mea-. (shrink)

Political theorists have offered many accounts of collective decision-making under pluralism. I discuss a key dimension on which such accounts differ: the importance assigned not only to the choices made but also to the reasons underlying those choices. On that dimension, different accounts lie in between two extremes. The ‘minimal liberal account’ holds that collective decisions should be made only on practical actions or policies and that underlying reasons should be kept private. The ‘comprehensive deliberative account’ stresses the importance of (...) giving reasons for collective decisions, where such reasons should also be collectively decided. I compare these two accounts on the basis of a formal model developed in the growing literature on the ‘discursive dilemma’ and ‘judgment aggregation’ and address several questions: What is the trade-off between the (minimal liberal) demand for reaching agreement on outcomes and the (comprehensive deliberative) demand for reason-giving? How large should the ‘sphere of public reason’ be? When do the decision procedures suggested by the two accounts agree and when not? How good are these procedures at truthtracking on factual matters? What strategic incentives do they generate for decision-makers? My discussion identifies what is at stake in the choice between minimal liberal and comprehensive deliberative accounts of collective decisionmaking, and sheds light not only on these two ideal-typical accounts themselves, but also on many characteristics that intermediate accounts share with them. (shrink)

Challenging, with several powerful arguments, some of our deepest beliefs about rationality, morality, and personal identity, Parfit claims that we have a false view about our own nature. It is often rational to act against our own best interersts, he argues, and most of us have moral views that are self-defeating. We often act wrongly, although we know there will be no one with serious grounds for complaint, and when we consider future generations it is very hard to avoid conclusions (...) that most of us will find very disturbing. (shrink)

This paper addresses a problem for theories of epistemic democracy. In a decision on a complex issue which can be decomposed into several parts, a collective can use different voting procedures: Either its members vote on each sub-question and the answers that gain majority support are used as premises for the conclusion on the main issue, or the vote is conducted on the main issue itself. The two procedures can lead to different results. We investigate which of these procedures is (...) better as a truth-tracker, assuming that there exists a true answer to be reached. On the basis of the Condorcet jury theorem, we show that the pbp is universally superior if the objective is to reach truth for the right reasons. If one instead is after truth for whatever reasons, right or wrong, there will be cases in which the cbp is more reliable, even though, for the most part, the pbp still is to be preferred. (shrink)

We live in a morally flawed world. Our lives are complicated by what other people do, and by the harms that flow from our social, economic and political institutions. Our relations as individuals to these collective harms constitute the domain of complicity. This book examines the relationship between collective responsibility and individual guilt. It presents a rigorous philosophical account of the nature of our relations to the social groups in which we participate, and uses that account in a discussion of (...) contemporary moral theory. Christopher Kutz shows that the two prevailing theories of moral philosophy, Kantianism and consequentialism, both have difficulties resolving problems of complicity. He then argues for a richer theory of accountability in which any real understanding of collective action not only allows but demands individual responsibility. (shrink)

In this article we critique the collectivist approach to collective moral responsibility. According to philosophers of a collectivist persuasion, a central notion of collective moral responsibility is moral responsibility assigned to a collective as a single entity. In our critique, we proceed by way of discussing the accounts and arguments of three prominent representatives of the collectivist approach with respect to collective responsibility: Margaret Gilbert, Russell Hardin, and Philip Pettit. Our aims are mainly critical; however, this should not be taken (...) to imply that we do not ourselves support an alternative account of collective responsibility. We advocate an individualist account of collective responsibility. On this view of collective responsibility as joint responsibility, collective responsibility is ascribed to individuals. Each member of the group is individually morally responsible for the outcome of the joint action, but each is individually responsible jointly with the others. (shrink)

Sometimes it seems intuitively plausible to hold loosely structured sets of individuals morally responsible for failing to act collectively. Virginia Held, Larry May, and Torbj rn T nnsj have all drawn this conclusion from thought experiments concerning small groups, although they apply the conclusion to large-scale omissions as well. On the other hand it is commonly assumed that (collective) agency is a necessary condition for (collective) responsibility. If that is true, then how can we hold sets of people responsible for (...) not having acted collectively? This paper argues that that loosely structured inactive groups sometimes meet this requirement if we employ a weak (but nonetheless non-reductionist) notion of collective agency. This notion can be defended on independent grounds. The resulting position on distribution of responsibility is more restrictive than Held's, May's or T nnsj 's, and this consequence seems intuitively attractive. (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)

University of Cologne, Germany Joint action and group agency have emerged as focuses of attention in recent social theory and philosophy but they have rarely been connected with one another. The argument of this article is that whereas joint action involves people acting together to achieve any sort of result, group agency requires them to act together for the achievement of one result in particular: the construction of a centre of attitude and agency that satisfies the usual constraints of consistency (...) and rationality in adequate measure. The main discovery in the recent theory of group agency is that this result is not easily achieved; no regular voting procedure will ensure, for example, that a group of individually consistent agents will display consistency in group judgments. Key Words: groups • group agents • collective agents • joint action • joint intention. (shrink)

The article presents the nature of shared intentions and collective responsibility in simultaneous discussion of individualism, which views that collective agents and shared intentions are to be analyzed in relation between individual agents who are members of the collectives. It discusses as well the agent meaning theory that states that an agent moves against the interpretive background of action evaluation shared by the agent and the moral community.

Incorporated groups include businesses, universities, churches and the like. Organized to act as single centers of agency, they also routinely satisfy the three conditions that make an agent fit to be held responsible: they face significant choices, can recognize the relative value of different options, and are able to choose in sensitivity to such values. But is it redundant to hold a corporate agent responsible for something, when certain members are also held responsible for the individual parts they play? No (...) it is not, for it is often possible for a corporate entity to be fully fit to be held responsible, when this is not true of the individual members; they may be able to make excuses that are not available at the corporate level. Does the case made for corporate responsibility extend to unincorporated collectivities like nations or religions? Not strictly but it does explain why it may be sensible to treat those collectivities as if they had corporate responsibility in certain domains. (shrink)

This paper addresses a problem for theories of epistemic democracy. In a decision on a complex issue which can be decomposed into several parts, a collective can use different voting procedures: Either its members vote on each sub-question and the answers that gain majority support are used as premises for the conclusion on the main issue, or the vote is conducted on the main issue itself. The two procedures can lead to different results. We investigate which of these procedures is (...) better as a truth-tracker, assuming that there exists a true answer to be reached. On the basis of the Condorcet jury theorem, we show that the pbp is universally superior if the objective is to reach truth for the right reasons. If one instead is after truth for whatever reasons, right or wrong, there will be cases in which the cbp is more reliable, even though, for the most part, the pbp still is to be preferred. (shrink)