In order to be exercised meaningfully, political freedom requires the capacity to actually identify available policy options. To ensure this, society ought to engage in deliberation as a discussion oriented towards mutual learning. In order to highlight this issue, I define deliberation in terms of the participants’ openness to preference change, i.e. the deliberative stance. In the context of the systemic approach to deliberative theory, I find several factors causing the atrophy of such a deliberative stance. I note that this (...) state can occur not only when debaters are representatives or are in the presence of an audience, but also when they face the prospect of a binding decision. It is the latter effect that is a serious challenge to the micro-deliberative strategy, one that strives towards decisional powers being granted to deliberative minipublics. Presenting my findings, I propose—as an alternative to the power-oriented ‘ladder of participation’—a distinction between traditional co-decision and deliberative consultation, the latter one being an environment that is more conducive to deliberative stance. This new typology highlights factors that lead to preference petrification and allows for the appreciation of the non-decisional character of micro-deliberation. All of it leads to the conclusion that, in order to preserve their deliberative character in the systemic context, deliberative minipublics should not always be required to have decision-making powers. (shrink)

Assuming similarities between the domestic and global spheres of justice, I consider how lessons from the debate over women's rights and multiculturalism can be applied to global justice. In doing so, I focus on one strain of thinking on global justice, current moderations and modifications to cosmopolitanism. Discussions of global justice tend to approach the question of gender equity in one of two distinct ways: through articulations a cosmopolitanism ethic, advancing women's rights with the discourse of universal human rights or (...) through the lens of Care Ethics. The former approach emphasizes a universal core shared by all human beings, the latter the specific relationships we each are situated within. Recently, the discourse of global justice has moved away from this universal/particular dichotomy, with a range of theories, call them rooted cosmopolitanisms. My goal in this paper is to consider how these rooted versions of cosmopolitanism might respond to issues of gender equity and women's rights. (1) In pursuit of this aim, I first outline the parameters that define rooted cosmopolitanism. (2) I then assume, for the sake of argument, a continuity between domestic and global domains of justice, a continuity which allows for a translation of insights gained in domestic debates over multiculturalism into the global domain. (3) Finally, offering an answer to my leading question, I claim that rooted cosmopolitanism might assist in the struggle to protect the well-being of women as it endeavors to advance global justice. (shrink)

Hoy estamos asistiendo a un creciente interés por la retórica argumentativa debido a su estrecha relación con el discurso público. Tienen especial relieve dos puntos a este respecto: 1, la contribución de la retórica a la revisión crítica de los programas en curso de la llamada “democracia deliberativa”; 2, la lectura de la Retórica de Aristóteles en la línea de estos propósitos críticos. Mi artículo se propone desarrollar este segundo punto a través de un examen de la concepción aristotélica de (...) la retórica y de su vindicación de la deliberación pública. (shrink)

Deliberative democrats responding to the challenge of fostering reciprocity and civic friendship discourage in-group deliberations, taking them to stoke hostilities and preclude the possibility of sociability between groups. In opposition to these views, I argue that in-group deliberation presents itself as a promising, yet underappreciated, normative category for conflict transformation. I support this claim with reference to the observation that deliberative exchanges among like members are just as, if not more, consequential in the facilitation of positive actor transformations than deliberations (...) among unlike members, especially when antipathy defines group relations. (shrink)

Deliberative democracy started out as an ideal for mass democracy. Lately, however, its large-scale ambitions have mostly been shelved. This article revivifies the ideal of mass deliberative democracy by offering a clear mechanism by which everyone in the community can be included in the same conversation. The trick is to make use of people’s overlapping social communicative networks through which informal deliberative exchanges already occur on an everyday basis. Far from being derailed by threats of polarization, echo chambers, and motivated (...) reasoning, informal networked deliberation can indeed put everyone in touch, directly or indirectly, with everyone else. (shrink)

This article evaluates mini-publics as a potential means of realizing deliberative democratic values in transnational contexts. A mini-public is a group of citizens that is chosen by random or near-random selection to debate matters of public concern in a suitably structured deliberative environment. The argument of the article is that mini-publics can be an important deliberative resource, but only as supplements to rather than replacements for alternative means of reforming transnational institutions. These forums can be used to prefigure transnational publics, (...) but entrenched institutional assumptions about the delineation and definition of these publics must be subject to critical scrutiny by other elements of a transnational deliberative system. This argument is developed through a critical engagement with the literature on mini-publics, an analysis of a prominent example of a transnational mini-public, and a defense of the role of civil society as a resource for counteracting the shortcomings of mini-publics. (shrink)

Although he did not invent the term, Jürgen Habermas has popularised “constitutional patriotism” as a form of political unity that avoids excessive nationalism. This paper attempts to examine the link between emotivism and normativity that has otherwise been excluded from Habermas’s notion of constitutional patriotism. Beyond Habermas, political theory as a whole has not yet taken emotivism as a serious component of normativity. Rather than developing it in isolation, this paper attempts to reconcile emotivism with cognitive-normative practices found within rational (...) deliberation. Reconciling the two not only provides a better normative steering component for judging good from bad practices, but also depicts contemporary political practices more accurately. In sum, constitutional patriotism’s normativity must be sourced from a complex integration of emotion and cognition, or put another way, from the interplay between citizens’ moral sentiments and rational judgements. (shrink)

ABSTRACT:Deliberative democratic theory, commonly used to explore questions of “political” corporate social responsibility, has become prominent in the literature. This theory has been challenged previously for being overly sanguine about firm profit imperatives, but left unexamined is whether corporate contexts are appropriate contexts for deliberative theory in the first place. We explore this question using the case of Starbucks’ “Race Together” campaign to show that significant challenges exist to corporate deliberation, even in cases featuring genuinely committed firms. We return to (...) the underlying social theory to show that this is not an isolated case: for-profit firms are predictably hostile contexts for deliberation, and significant normative and strategic problems can be expected should deliberative theory be imported uncritically to corporate contexts. We close with recent advances in deliberative democratic theory that might help update the PCSR project, and accommodate the application of deliberation to the corporate context, albeit with significant alterations. (shrink)

En este artículo analizaré dos importantes aproximaciones contemporáneas a la democracia ateniense. Se trata de las interpretaciones enfrentadas de dos helenistas que han arrojado nueva luz sobre el conocimiento de la democracia clásica. Mogens H. Hansen se ha centrado especialmente en el estudio de las instituciones como fundamento del poder democrático, mientras Josiah Ober, basándose en los textos retóricos, pretende reconstruir la ideología popular a la que hace responsable del dominio político del dêmos sobre la elite. Intentaré, a su vez, (...) trazar las líneas de filiación teórica de ambas posturas y, para ello, abordaré una segunda cuestión, la de qué es la polis griega, un estado o una sociedad sin estado. Mi conclusión es que la lectura de Hansen está muy cercana a la historiografía liberal de G. Grote, mientras que la de Ober no es ajena a las lecturas antropológicas y comunitaristas. (shrink)

Hervé Pourtois | : En dépit de débats nourris sur la délibération et la représentation démocratiques, la question de la justification de l’élection comme mode de désignation des gouvernants a été peu abordée par la philosophie politique contemporaine. Cette question est pourtant importante. Une confrontation avec l’alternative que pourrait constituer le tirage au sort d’une assemblée représentative permet d’identifier les vertus spécifiques de l’élection au regard de quatre critères de légitimité démocratique : le consentement et la responsabilité des gouvernés, l’inclusion (...) égalitaire des citoyens, le contrôle des décideurs et la contestabilité des décisions, la qualité épistémique de la décision. L’analyse conduit à conclure au caractère essentiel de l’élection dans des démocraties de masse. C’est à partir d’elle, et non en dépit d’elle, que doit être surmontée la crise de la représentation. (shrink)

Changing patterns of political participation observed by political scientists over the past half-century undermine traditional democratic theory and practice. The vast majority of democratic theory, and deliberative democratic theory in particular, either implicitly or explicitly assumes the need for widespread citizen participation. It requires that all citizens possess the opportunity to participate and also that they take up this opportunity. But empirical evidence gathered over the past half-century strongly suggests that many citizens do not have a meaningful opportunity to participate (...) in the ways that many democratic theorists require, and do not participate in anything like the numbers that they believe is necessary. This paper outlines some of the profound changes that have been experienced by liberal democratic states in the 20th and early 21st Centuries, changes which are still ongoing, and which have resulted in declines in citizens participation and trust, the marginalisation of citizens from democratic life, and the entrenchment of social and economic inequalities which have damaged democracy. The paper challenges the conventional wisdom in rejecting the idea that the future of democracy lies in encouraging more widespread participation. The paper takes seriously the failure of the strategies adopted by many states to increase participation, especially among the poor, and suggests that instead of requiring more of citizens, we should in fact be requiring less of them. Instead of seeking to encourage more citizen participation, we should acknowledge that citizens will probably not participate in the volume, or in the ways, many democratic theorists would like, and that therefore we need an alternative approach: a regime which can continue to produce democratic outcomes, and which satisfies the requirements of political equality, in the absence of widespread participation by citizens. (shrink)

In this article I offer the deliberative systems approach as a normative and evaluative approach through which to appraise typically 'non-deliberative' animal activism. Although such actions can contribute to inclusive deliberation through the political representation of animals, I caution against an over-reliance on such tactics, and interrogate the claim that non-deliberative tactics are essential ingredients for prompting the reflection and reconsideration that animal rights philosophy demands. Instead, non-deliberative activism may serve not only to undermine further deliberation but actually to jeopardise (...) animal protection goals. (shrink)

A chronicler who recites events without distinguishing between major and minor ones acts in accordance with the following truth: nothing that has ever happened should be regarded as lost for history."Few areas of American public life have received as much attention with as little actual on-the-ground study as citizen deliberation," Lawrence R. Jacobs, Fay Lomax Cook, and Michael X. Delli Carpini argue. "Whether and how real citizens engage in discursive participation; the nature, settings, and impact of this public talk; and (...) when and if 'talk' ever rises to the level of 'democratic deliberation'—each of these is ignored or, at best, occasionally introduced by way of illustration or anecdote" (2009, 20-21).This is .. (shrink)

This paper aims to perform a multi-level analysis of the Irish public discourse on Covid-19. Despite widespread agreement that Ireland’s response was rapid and effective, the country’s journey through the pandemic has been no easy ride. In order to contain the virus, the Government’s emergency legislation imposed draconian measures including the detention and isolation of people deemed to be even “a potential source of infection” and a significant extension of An Garda Síochána’s power of arrest. In April 2020, journalists John (...) Waters and Gemma O’Doherty initiated judicial review proceedings before the High Court to challenge such legislation, which they defined as unconstitutional, “disproportionate” and based on “fraudulent science”. The proceedings attracted widespread media coverage in what soon became a debate on the legitimacy of emergency legislation and the notion of ‘fake news’ itself. After a brief survey of the legislative background to Ireland’s Covid response, the argumentative strategy is analysed through which the High Court eventually dismissed Mr Waters and Ms O’Doherty’s challenge. Focusing on the process of justification of the judicial decision, the paper provides a descriptive account of the argument structure of the Court’s decision. This sheds light on the pattern of multiple argumentation through which the Court interpreted relevant norms in the Constitution and at once re-established the primacy of “facts” informing political decision-making at a time of national emergency. (shrink)

One of the challenges facing complex democratic societies marked by deep normative disagreements and differences along lines of race, gender, sexuality, culture and religion is how the perspectives of diverse individuals and social groups can be made effectively present in the deliberative process. In response to this challenge, a number of political theorists have argued that empathetic perspective-taking is critical for just democratic deliberation, and that a well-functioning democracy requires the cultivation in citizens of empathetic skills and virtues. In this (...) paper, we begin by distinguishing several kinds of imaginative projection and corresponding kinds of empathy. On the basis of this analysis, we suggest that genuine empathetic perspective-taking, especially across gendered, racial and embodied differences, is more challenging than is often assumed in the literature. This poses a dilemma for theorists who place great store on the role of empathetic imagination to overcome the challenges of democratic deliberation. On the one hand, placing responsibilities for empathetic perspective-taking primarily on the socially privileged raises risks of inaccurate and inappropriate projection. On the other hand, mitigating the risks of projection by calling on the socially marginalised to articulate their experiences and feelings in a way that can engage the imagination of the socially privileged, risks perpetuating epistemic injustice. We suggest that while this dilemma may be difficult to overcome, its effects can nevertheless be mitigated through both the cultivation of individual deliberative virtues and pragmatic institutional responses. (shrink)

This article examines the critique of deliberative democracy leveled by William Connolly. Drawing on both recent findings in cognitive science as well on Gilles Deleuze's cosmological pluralism, Connolly argues that deliberative democracy, and the contemporary left more generally, is guilty of intellectualism for overlooking the embodied, visceral register of political judgment. Going back to Deleuze and Guattari's A Thousand Plateaus, this article reconstructs the working assumptions of Connolly's critique and argues that it unwittingly leads to an indefensible embrace of manipulation. (...) Against his micropolitics of visceral manipulation, I propose an alternative route for realizing Connolly's politics of agonistic negotiation in the form of a critical theory of the public sphere. (shrink)

In democratic political systems, political equality is often defined as an equality of opportunity for influence. But inequalities in resources and status affect the capacity of disadvantaged citizens to achieve an effective political equality. One common thread running through recent democratic innovations is the belief that appropriate institutional devices and procedures can alleviate the impact of background inequalities on the presence and voice of the disadvantaged within those designs. My objective is to achieve a clearer understanding of the conception of (...) political equality that informs a specific subset of these designs: deliberative mini-publics. I focus firstly on the methods of participant selection advocated to secure equal presence. According to what principle is participation distributed? If it is according to the ‘equal probability’ principle, rather than ‘equal opportunity’, what difference does this make in terms of political equality? Secondly, achieving equality of voice is usually conceived in terms of equalising opportunities for influence among participants. How is this objective understood and what does this say about the underlying conception of political equality? (shrink)

In democratic political systems, political equality is often defined as an equality of opportunity for influence. But inequalities in resources and status affect the capacity of disadvantaged citiz...

According to an influential objection, which Martha Nussbaum has powerfully restated, expressing anger in democratic public discourse is counterproductive from the standpoint of justice. To resist this challenge, this article articulates a crucial yet underappreciated sense in which angry discourse is epistemically productive. Drawing on recent developments in the philosophy of emotion, which emphasize the distinctive phenomenology of emotion, I argue that conveying anger to one’s listeners is epistemically valuable in two respects: first, it can direct listeners’ attention to elusive (...) morally relevant features of the situation; second, it enables them to register injustices that their existing evaluative categories are not yet suited to capturing. Thus, when employed skillfully, angry speech promotes a greater understanding of existing injustices. This epistemic role is indispensable in highly divided societies, where the injustices endured by some groups are often invisible to, or misunderstood by, other... (shrink)

Business firms play an increasingly influential role in contemporary societies, which has led many scholars to return to the question of the democratisation of corporate governance. However, the possibility of democratic deliberation within firms has received only marginal attention in the current debate. This article fills this gap in the literature by making a normative case for democratic deliberation at the workplace and empirically assessing the deliberative capacity of self-organised teams within business firms. It is based on sixteen in-depth interviews (...) in six German firms which practice various forms of self-organised teamwork. The article argues that self-organised teamwork can create a space for authentic, inclusive, and consequential deliberation by suspending authoritarian control structures within business firms. Finally, the article proposes the consideration of firms not only as necessary parts of a larger deliberative system but also as deliberative systems in themselves. (shrink)

Several prominent voices have called for a democratization of science through deliberative processes that include a diverse range of perspectives and values. We bring these scholars into conversation with extant research on democratic deliberation in political theory and the social sciences. In doing so, we identify systematic barriers to the effectiveness of inclusive deliberation in both scientific and political settings. We are particularly interested in what we call misidentified dissent, where deliberations are starkly framed at the outset in terms of (...) dissenting positions without properly distinguishing the kinds of difference and disagreement motivating dissent. (shrink)

This article compares Habermas’s and Taylor’s approach to the role of religious language in a liberal democracy. It shows that the difference in their approach is not simply in their theories of religious language. The contrast lies deeper, in their incompatible moral theories: Habermas’s universal discourse ethics vs Taylor’s communitarian substantive ethics. I also explore William Rehg’s defence of discourse ethics by conceding that it is based on a metavalue of rational consensus. However, I argue that Habermas’s and Rehg’s discourse (...) ethics and translation proviso are untenable. While Taylor rightly argues that there is no reason to exclude religious reason from the formal political sphere, his proposed fusion of horizons to generate a new hybrid framework is also problematic. I suggest that Taylor’s historical hermeneutics should be extended to include the narrative approach to ethical deliberation as conducive to mutual experiential understanding, and hence to achieving a fusion of horizons of the diverse worlds of citizens in a liberal democracy. (shrink)

ABSTRACTAccording to Jonathan Kuyper, deliberative democratic theory, having taken a “systemic turn,” is now better able to deal with the complexity of the real world. Central to this development is the democratic “division of epistemic labor,” under which experts, public servants, and the politically engaged may compensate for the relative ignorance of democratic citizens at large. However, the systemic turn raises the question of whether deliberation has been reconstituted as a means to the end of citizens’ interests, or whether it (...) remains an end in itself. To the extent that deliberation has been accepted as a means to the realization of common interests, the systemic turn begs the question of why we should expect the epistemic division of labor to be effective in identifying public policies that serve those interests. To the extent that deliberative democrats seek to avoid this problem by retaining an a priori commitment to deliberative inclusion, it is more than conceivable that the systemic turn will descend into a simplistic and unedifying form of functionalism. (shrink)

Theories of deliberative democracy have faced the charge of leading to the unjust exclusion of voices from public deliberation. The recent rhetorical turn in deliberative theory aims to respond to this charge. I distinguish between two variants of this response: the supplementing approach and the systemic approach. On the supplementing approach, rhetorical modes of political speech may legitimately supplement the deliberative process, for the sake of those excluded from the latter. On the systemic approach, rhetorical modes of political speech are (...) legitimate within public deliberation, just so long as they result in net benefits to the deliberative system. I argue that neither of these two approaches adequately meets the unjust exclusion charge. Whereas the supplementing approach does not go far enough to incorporate rhetorical speech into public deliberation, the systemic approach goes too far by legitimising forms of rhetoric that risk only exacerbating the problem of unjust exclusion. More constructively, I draw on Aristotle’s conception of rhetoric, as an art that is a counterpart to dialectic, to argue for a constitutive approach to rhetoric. I show how this approach provides a more expansive notion of deliberation that remains normatively orientated. (shrink)

Theories of deliberative democracy have faced the charge of leading to the unjust exclusion of voices from public deliberation. The recent rhetorical turn in deliberative theory aims to respond to this charge. I distinguish between two variants of this response: the supplementing approach and the systemic approach. On the supplementing approach, rhetorical modes of political speech may legitimately supplement the deliberative process, for the sake of those excluded from the latter. On the systemic approach, rhetorical modes of political speech are (...) legitimate within public deliberation, just so long as they result in net benefits to the deliberative system. I argue that neither of these two approaches adequately meets the unjust exclusion charge. Whereas the supplementing approach does not go far enough to incorporate rhetorical speech into public deliberation, the systemic approach goes too far by legitimizing forms of rhetoric that risk only exacerbating the problem of unjust exclusion. More constructively, I draw on Aristotle’s conception of rhetoric, as an art that is a counterpart to dialectic, to argue for a constitutive approach to rhetoric. I show how this approach provides a more expansive notion of deliberation that remains normatively orientated. (shrink)

Cicero’s rhetorical theory offers an important critique of efforts to systematize persuasion. His resistance to this systematization is grounded in his reconception of the orator’s virtus, which, a...

Deliberation has faced criticism with regard to its application to business, on the basis that it can be misused to disseminate an ideology, divert attention from genuine debates, or strengthen the power of certain people. We suggest that Aristotle’s notion of deliberation can mitigate these ethical risks and help companies strengthen their deliberative practices. A comprehensive perspective based on Aristotelian deliberation reveals the relevance of (a) individual and collective deliberation, promoting a virtuous and meaningful reflection, free from ideological conditioning; (b) (...) deliberation on ends and means that facilitates a transcendental and rooted reflection, thereby avoiding artificial debates; and (c) deliberation that is decisive and cooperative and thus prevents instrumentalization of deliberation by the strongest. We contribute to the discussion of the relationship between business and society by identifying the different steps in the deliberative process and promoting a dynamic perspective on deliberation. (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)

Habermas’ theory of popular sovereignty has received comparatively little sustained critical attention in the Anglo-American literature since initial responses to Between Facts and Norms. In light of subsequent work on group agency, this paper argues that Habermas’ reconstruction of popular sovereignty—in its denial of the normative force of collective citizen action—is best understood as a renunciation of the doctrine. The paper is structured in three sections. Section 1 examines Habermas’ treatment of popular sovereignty prior to Between Facts and Norms as (...) both (i) a principle of constitutional legitimacy or normative justification for the modern Rechtsstaat and (ii) a concept of legitimation for the rule of the ascendant liberal bourgeoisie. Section 2 then argues that Habermas’ reconstruction of popular sovereignty in Between Facts and Norms, by discounting the role of collective citizen agency in the justification of the modern constitutional state, empties the doctrine of its core normative content. The final section briefly elaborates on this claim by reference to Habermas’ theory of the public sphere. (shrink)

Developments in the democratic theory of representation and deliberation enable renewed consideration of the ancient controversy over the proper place of rhetoric in politics. Rhetoric facilitates the making and hearing of representation claims spanning subjects and audiences divided in their commitments and dispositions. Deliberative democracy requires a deliberative system with multiple components whose linkage often needs rhetoric. Appreciation of these aspects of democracy exposes the limitations of categorical tests for the admissibility of particular sorts of rhetoric. Prioritization of bridging over (...) bonding rhetoric is a step in the right direction, while sometimes producing misleading results. A better systemic test asks whether or not rhetoric promotes an effective deliberative system linking competent and reflective actors. (shrink)

This article brings together two sets of insights about deliberative democracy and uses them to develop a novel epistemic justification for the importance of testimony. Some democratic theorists have argued persuasively that a deliberative process limited to formal argumentation is exclusionary and thus undermines democratic legitimacy; they have made a compelling case for testimony on grounds of democratic inclusion. Others have made the case that deliberation has important epistemic benefits. Those theorists emphasize the give and take of reasons as a (...) means to arrive at well-informed collective decisions. The author’s central claim is that there is an important epistemic value to the inclusion of testimony. It can introduce new information into the deliberative process. It can enable deliberators to grasp connections between the particular and the general. And it can invite them to imaginatively engage with the experiences of others. These epistemic benefits provide a new set of reasons for including testimony in democratic deliberation. (shrink)

In this paper, I argue that the asymmetrical mediated communication of the broad democratic public sphere can profitably be understood through the lens of deliberative democracy only if we adopt a system approach to deliberation. A system approach, however, often introduces a division of labor between ordinary citizens and experts. Although this division of labor is unavoidable and I believe compatible with a deliberative principle of legitimacy, it flirts with elitist theories of democracy: epistemic elites come up with the agendas, (...) ideas, and policy positions and democratic publics ratify or repudiate the agendas but do not generate or really engage with them. This I argue would violate an essential defining feature of deliberative democracy, namely that epistemic quality and equal participation are tightly linked. I turn to Habermas and his idea of a feedback loop as a possible solution to this dilemma. (shrink)

How do we determine whether individuals accept the actual consistency of a political argument instead of just its rhetorical good looks? This article answers this question by proposing an interpretation of political argument within the constraints of political liberalism. It utilises modern developments in the philosophy of logic and language to reclaim ‘meaningless nonsense’ from use as a partisan war cry and to build up political argument as something more than a power struggle between competing conceptions of the good. Standard (...) solutions for ‘clarifying’ meaning through descriptive definition encounter difficulties with the biases of status quo idioms, as well as partisan translations and circularity. Collectively called linguistic gerrymandering, these difficulties threaten political liberalism’s underlying coherency. The proposed interpretation of political argument overcomes this with a new brand of conceptual analysis that can falsifiably determine whether rhetoric has hijacked political argument. (shrink)

Most democratic theorists agree that concentrations of wealth and power tend to distort the functioning of democracy and ought to be countered wherever possible. Deliberative democrats are no exception: though not its only potential value, the capacity of deliberation to ‘neutralise power’ is often regarded as ‘fundamental’ to deliberative theory. Power may be neutralised, according to many deliberative democrats, if citizens can be induced to commit more fully to the deliberative resolution of common problems. If they do, they will be (...) unable to get away with inconsistencies and bad or private reasons, thereby mitigating the illegitimate influence of power. I argue, however, that the means by which power inflects political disagreement is far more subtle than this model suggests and cannot be countered so simply. As a wealth of recent research in political psychology demonstrates, human beings persistently exhibit ‘motivated reasoning’, meaning that even when we are sincerely committed to the deliberative resolution of common problems, and even when we are exposed to the same reasons and evidence, we still disagree strongly about what ‘fair cooperation’ entails. Motivated reasoning can be counteracted, but only under exceptional circumstances such as those that enable modern science, which cannot be reliably replicated in our society at large. My analysis suggests that in democratic politics – which rules out the kind of anti-democratic practices available to scientists – we should not expect deliberation to reliably neutralise power. (shrink)

How should political theorists go about their work if they are democrats? Given their democratic commitments, should they develop theories that are responsive to the views and concerns of their fellow citizens at large? Is there a balance to be struck, within political theory, between truth seeking and democratic responsiveness? The article addresses this question about the relationship between political theory, public opinion and democracy. I criticize the way in which some political theorists have appealed to the value of democratic (...) legitimacy in an attempt to justify a more opinion-sensitive approach to their work. Specifically, I identify a problematic model in the existing literature, which I term ‘democratic restraint’: an approach on which the theorist moderates her normative principles in response to evidence about public attitudes in order to enhance the legitimacy of her account. This model renders the discipline newly vulnerable to an otherwise misguided objection that political theory seeks to pre-empt democratic politics. I trace the problem with the democratic restraint model to its flawed underlying conception of democratic legitimacy. The article then outlines a more appealing ‘democratic underlabourer’ view of the status of political theory and draws out the implications of this alternative account for the role of public opinion. (shrink)

Four years after the Panama Papers scandal, tax avoidance remains an urgent moral-political problem. Moving beyond both the academic and policy mainstream, I advocate the “democratization of tax enforcement,” by which I mean systematic efforts to make tax avoiders accountable to the judgment of ordinary citizens. Both individual oligarchs and multinational corporations have access to sophisticated tax avoidance strategies that impose significant fiscal costs on democracies and exacerbate preexisting distributive and political inequalities. Yet much contemporary tax sheltering occurs within the (...) letter of the law, rendering criminal sanctions ineffective. In response, I argue for the creation of Citizen Tax Juries, deliberative minipublics empowered to scrutinize tax avoiders, demand accountability, and facilitate concrete reforms. This proposal thus responds to the wider aspiration, within contemporary democratic theory, to secure more popular control over essential economic processes. (shrink)

A contribution to the Common Knowledge symposium “Antipolitics,” this article examines the diverse types of imaginary that support sortition, which is currently at the heart of important debates on the reform of existing democratic institutions. Different and often diametrically opposed actors now advocate sortition as a tool for addressing crises of political representation. How are we to understand this convergence? Over the past two decades, the field of experience and the horizon of expectation of citizens in the global North have (...) profoundly changed, and this article seeks to assess those changes in the context of three ideal types that advocate the use of randomly selected minipublics. This article analyzes, each in turn, the attraction of sortition for supporters and theorists of deliberative democracy, antipolitical democracy, and radical democracy, outlining the elements that unite and divide these imaginaries to help explain the astonishing convergence of voices in defense of sortition in politics. (shrink)

Since its inception, a core aspiration of deliberative democracy has been to enable more and better inclusion within democratic politics. In this article, we argue that deliberative democracy can achieve this aspiration only if it goes beyond verbal forms of communication and acknowledges the crucial role of non-verbal communication in expressing and exchanging arguments. The article develops a multidimensional approach to deliberative democracy by emphasizing the visual, sonic and physical dimensions of communication in public deliberation. We argue that non-verbal modes (...) of communication can contribute to public deliberation when they (1) are used as part of reason-giving processes, (2) enable the inclusion of marginalized actors in public debates and (3) induce reflection and encourage new ways of thinking about the public controversies at hand. (shrink)