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Extremists who have been well educated in science are quite common, but nevertheless puzzling. How can individuals with high levels of scientific education fall prey to irrationalist ideologies? Implicit assumptions about rationality may lead to tremendous and conspicuous developments. When correction of social deficits is seen as a pressing problem, it is quite common that individuals conclude that some religious or political system contains the all-encompassing answer, if only it is applied with sufficiently high standards. Implicit assumptions about rationally high (...) |
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Deliberative democracy is a noble project: an attempt to make citizens philosophize. Critics of deliberative democracy usually claim either that the proposed deliberation threatens an existing moral consensus or, instead, that deliberation is impossible amid power imbalances that oppress the weak. But another problem is that combining democracy and deliberation is inherently an attempt to engage publicly in a private activity—where sensitivity to each interlocutor may require a special form of address. Can this be done? Yes, in some contexts. The (...) |
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In A Pragmatist Philosophy of Democracy, I launched a pragmatist critique of Deweyan democracy and a pragmatist defense of an alternative view of democracy, one based in C. S. Peirce's social epistemology. In this article, I develop a more precise version of the criticism of Deweyan democracy I proposed in A Pragmatist Philosophy of Democracy, and provide further details of the Peircean alternative. Along the way, some recent critics are addressed. |
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Contemporary liberal democracy employs a conception of legitimacy according to which political decisions and institutions must be at least in principle justifiable to all citizens. This conception of legitimacy is difficult to satisfy when citizens are deeply divided at the level of fundamental moral, religious, and philosophical commitments. Many have followed the later Rawls in holding that where a reasonable pluralism of such commitments persists, political justification must eschew appeal to any controversial moral, religious, or philosophical premises. In this way, (...) |
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In recent work, Cheryl Misak has developed a novel justification of deliberative democracy rooted in Peircean epistemology. In this article, the author expands Misak's arguments to show that not only does Peircean pragmatism provide a justification for deliberative democracy that is more compelling than the justifications offered by competing liberal and discursivist views, but also fixes a specific conception of deliberative politics that is perfectionist rather than neutralist. The article concludes with a discussion of whether the `epistemic perfectionism' implied by (...) |
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Richard Posner and Ilya Somin have recently posed forceful versions of a common objection to deliberative democracy, the Public Ignorance Objection. This objection holds that demonstrably high levels of public ignorance render deliberative democracy practically impossible. But the public‐ignorance data show that the public is ignorant in a way that does not necessarily defeat deliberative democracy. Posner and Somin have overestimated the force of the Public Ignorance Objection, so the question of deliberative democracy's practical feasibility is still open. |
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ABSTRACTHélène Landemore's Democratic Reason effectively demonstrates how cognitive diversity may potentially improve the quality of democratic decisions. But in setting out the preconditions that democracy must meet in order for the many to make collectively well-informed decisions, Landemore undermines the case for voter competence more than she strengthens it. The conditions she specifies are highly unlikely to be achieved by any real-world democracy. Widespread voter ignorance and the size and complexity of modern government are severe obstacles to any effort to (...) |
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Posner's “pragmatic” defense of broad judicial deference to legislative power still reflects the shortcomings noted in my review of his Law, Pragmatism, and Democracy. His pragmatism still fails to provide meaningful criteria for decision making that do not collapse into an indeterminate relativism; and his argument that strict constraints on judicial power are required by respect for democracy underestimates the importance of two serious interconnected weaknesses of the modern state: widespread voter ignorance, and interest‐group exploitation of that ignorance. |
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Advocates of ?deliberative democracy? want citizens to actively participate in serious dialogue over political issues, not merely go to the polls every few years. Unfortunately, these ideals don't take into account widespread political ignorance and irrationality. Most voters neither attain the level of knowledge needed to make deliberative democracy work, nor do they rationally evaluate the political information they do possess. The vast size and complexity of modern government make it unlikely that most citizens can ever reach the levels of (...) |
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Many proponents of deliberative democracy expect reasonable citizens to engage in rational argumentation. However, this expectation runs up against findings by behavioral economists and social psychologists revealing the extent to which normal cognitive functions are influenced by bounded rationality. Individuals regularly utilize an array of biases in the process of making decisions, which inhibits our argumentative capacities by adversely affecting our ability and willingness to be self-critical and to give due consideration to others’ interests. Although these biases cannot be overcome, (...) |
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Clinical research with children generates special ethical concern, raising the need for additional protections beyond those for research with competent adults. Most guidelines permit research with children when it offers a prospect of direct benefit, or poses minimal risk. Unlike many other guidelines, the U.S. federal regulations also allow institutional review boards to approve pediatric research that does not offer a prospect of direct benefit when the risks are no greater than a minor increase over minimal risk. To approve research (...) |
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The U.S. Federal regulations allow institutional review boards (IRBs) to approve non-beneficial pediatric research when the risks are a minor increase over minimal, provided that the research is likely to develop generalizable knowledge about the subjects' disorder or condition. This “subjects' condition” requirement is quite controversial; commentators have argued for a variety of interpretations. Despite this considerable disagreement in the literature, there have not been any attempts to apply principles of legal interpretation to determine how the subjects' condition requirement should (...) |
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In this article, I discuss what motivated reasoning research tells us about the prospects for deliberative democracy. In section I, I introduce the results of several political psychology studies examining the problematic affective and cognitive processing of political information by individuals in nondeliberative, experimental environments. This is useful because these studies are often neglected in political philosophy literature. Section II has three stages. First, I sketch how the study results from section I question the practical viability of deliberative democracy. Second, (...) |
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This essay describes modern American legal pragmatism. Its origins in pragmatist philosophy are traced, and it is compared with the law and economics movement in American law and the formalist style of Continental legal theory. The essay argues that the inevitability of legal pragmatism in America, and its dispensability in Europe, reflect fundamental institutional and cultural differences rather than mere accidents of history or legal thought. |
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Michael Dorf and Charles Sabel invoke John Dewey’s “pragmatist account of thought and action” as the “backdrop” for their theory of democratic experimentalism, an approach to governance emphasizing judicially monitored local decision making within a system of decentralized administrative authority. Little credit for influence is given to the Austrian economist Friedrich Hayek and his classic liberal ideas. Indeed, Sabel has been highly critical of Hayek’s ideas. Yet, an argument can be made that (i) democratic experimentalism is at least loosely Hayekian (...) |
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Este artículo analiza las concepciones pluralista, deliberativa y participativa sobre la democracia que centran los debates actuales sobre el tema. Son modelos que parten de presupuestos distintos y llegan a diferentes conclusiones. Se analiza la noción de racionalidad y razonabilidad de los individuos. Y también, el concepto de egoísmo y la posibilidad del altruismo y el tránsito de la autonomía individual al autogobierno colectivo. Finalmente se propone la teoría de la voluntad y la teoría del interés para llegar a algunas (...) No categories |
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Abstract While pragmatism cannot resolve deep normative disagreements, it can, as a technique of judicial reasoning, at once resolve satisfactorily the majority of cases that do not involve such disagreements, while protecting democracy from overweening judicial assertiveness. |
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The law and economics movement is the principal interdisciplinary field of legal studies. This paper traces the history of the movement and explains its basic principles, contrasts the version of the movement that predominates in the United States with the version that prevails in Europe, noting the greater emphasis of the former on substantive doctrine and of the latter on rule of law considerations, and emphasizes the importance of the movement for legal and economic reform in developing nations. |
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In a world of glossy corporate social responsibility reports, the shallowness of the actual CSR results may well be its counterpart. We claim that the possible gaps between aspirations and implementations are due to the company's overrating abilities to deal with the irrational and complex moral world of business. Many academic approaches aim to lift business ethics up to a higher level by enhancing competences but will fail because they are too rationalistic and generalistic to match the pluralistic and situational (...) |
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This paper examines the legal conception of political parties. It does so by unearthing the history and ontology of the common law relating to political parties in international perspective. The flexibility of the unincorporated association, in which parties are understood through the private law of contract as networks of internal rules or agreements, rather than as legal entities, has proven to be a mask. In the common laws imagination, the ideal party is a ground-up organization animated by its membership. But (...) |
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We identify a normative paradox of responsible management education. Business educators aim to promote social values and develop ethical habits and socially responsible mindsets through education, but they attempt to do so with theories that have normative underpinnings and create actual normative effects that counteract their intentions. We identify a limited conceptualization of freedom in economic theorizing as a cause of the paradox. Economic theory emphasizes individual freedom and understands this as the freedom to choose from available options. However, conceptualizing (...) |
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Modern democratic polities regularly operate at several political levels. In the case of the EU at the level of the member-states and the EU itself, and in addition at federal, regional, and municipal levels. Is there any democratic rule to determine which level is more legitimate than the others? The article argues that from a majoritarian perspective there is none. Individual citizens may have quite different preferences with regard to the level that is of particular political importance for them. The (...) |
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Theorists, who broadly subscribe to Claude Lefort’s characterization of democracy as the dissolution of the markers of certainty, disagree over the proper enactment of democracy. In this article, I consider the possibility of narrowing the gap by attending to the ignorance advocated by each of the two approaches – the disruptive radical route Jacques Rancière describes and the reformist approach of Richard Rorty. I highlight the attributes and shortcomings of the positive link between practices of ignorance and democracy in the (...) |
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This paper identifies strands of reasoning underlying several theories of democratic authority. It shows why each of them fails to adequately explain or justify it. Yet, it does not claim (per philosophical anarchism) that democratic authority cannot be justified. Furthermore, it sketches an argument for a perspective on the justification of democratic authority that would effectively respond to three problems not resolved by alternative theories—the problem of the expert, the problem of specificity, and the problem of deference. Successfully resolving these (...) |
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Economic theories of democratic legitimacy have criticized deliberative accounts of democratic legitimacy on the grounds that they do not represent a practical possibility and that they create conditions that make actual democracies worse. It is not simply that they represent the wrong ideal. Rather, they are too idealistic – failing to show proper regard for the cognitive and moral limitations of persons and the depth of disagreement in democratic society. This article aims to show that the minimalist criterion of democratic (...) |
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In the target article, Brendel and Miller (2008) attempt to bring pragmatic insights to bear on research ethics through the approach called freestanding pragmatism that John Arras (2001) brought sq... |
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It is widely believed that open and public speech is at the heart of the democratic ideal. Public discourse is instrumentally epistemically valuable for identifying good policies, as well as necessary for resisting domination (e.g., by vocally challenging decision-makers, demanding public justifications, and using democratic speech to hold leaders accountable). But in our highly polarized and socially fragmented political environment, an increasingly pressing question is: do actual democratic societies live up to the ideal of inclusive public speech? In this essay, (...) |
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After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the "pluralistic universe" of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5). |
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The primary instrument of dispute management in political liberalism is a form of political thinking and talking that tries to reconcile opposed positions with an impartial settlement based on fair arrangements and mutual respect, one that is careful to treat rival views equitably, and reasoned through from start to finish with open methods that lead to a public justification understandable to the disputants. But this model of reasoning is notoriously deficient in resolving disputes among radically different communities. A more effective (...) |
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. References. Critical Review: Vol. 18, Democratic Competence, pp. 331-360. |
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Pragmatism is a distinctive approach to clinical research ethics that can guide bioethicists and members of institutional review boards (IRBs) as they struggle to balance the competing values of promoting medical research and protecting human subjects participating in it. After defining our understanding of pragmatism in the setting of clinical research ethics, we show how a pragmatic approach can provide guidance not only for the day-to-day functioning of the IRB, but also for evaluation of policy standards, such as the one (...) |
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In this article I argue that including relaxed epistemic values in the justification of democracy through a pragmatist and non-monist approach is compatible with the democratic values of self-rule and pluralism (which are often seen as incompatible with "political truth"). First, I contend that pragmatist epistemology offers a more suitable approach to politics instead of the correspondence theory of finding "the one truth". Secondly, I argue that instead of choosing between monist (purely epistemic or procedural) accounts of justification of democracy (...) |
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Chapter. 1. Philosophical. Perspectives. on. Democracy. in. the. Twenty-First. Century: Introduction. Ann E. Cudd and Sally J. Scholz Abstract Recent global movements, including the Arab Spring, the Occupy Movement, as well as polarizing ... |
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The overall objective of this dissertation is to study moral entrepreneurship within animal and business ethics in relation to moral change. In particular the current capability in bringing about moral change and its potential to do so. |
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The following essay begins by outlining the pragmatist link between truth claims and democratic deliberations. To this end, special attention will be paid to Jeffrey Stout’s pragmatist enfranchisement of religious citizens. Stout defends a deliberative notion of democracy that fulfills stringent criteria of inclusion and security against domination. While mitigating secular exclusivity, Stout nonetheless acknowledges the new visibility of religion in populist attempts to dominate political life through mass rule and charismatic authorities. In response, I evaluate recent innovations in deliberative (...) |
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This text is an examination of the democratic public sphere in relation to the presently dominating crisis discourse. More precisely, we endeavor to expose assumptions, aims and consequences entailed by the discourse of crisis, hereafter considered as a rhetorical apparatus asserting that crisis reveals an unambiguous and mandatory nature of things imposing self-evident and thus non deliberative decisions concerning both singular existence and communities. The crisis discourse serves to endorse indisputable certainty and therefore to blur or even suppress indeterminacy. Nevertheless, (...) |
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This paper provides a critique of one of the more pivotal aspects of Judge Richard Posner’s legal pragmatism: his interpretation of John Dewey’s account of the relationship between democracy and knowledge, what I call the democracy-knowledge relationship. For Dewey, knowledge and action, including political action, are part of the same continuous process. Posner argues Dewey fails to make a convincing argument on this point. According to Posner, Dewey offers an incoherent democratic theory that is fragmented into what he calls “epistemic” (...) |
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What kind of polity is justified by classic Confucian values? Adopting an interpretive approach, this paper explores the idea of leadership democracy being expressive of classic Confucian values by first introducing the models of leadership democracy associated with Weber and Schumpeter and second connecting Confucian elitist values to them. I argue that leadership democracy best realizes the Confucian emphasis on the people as the source of legitimacy and the ruler as the engine of good governance. The Confucian idea of people-rootedness (...) |
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We describe and analyze an important cognitive obstacle in inter- and intra-community ar-gumentation processes, which we propose to call 'Cognitive Systemic Dichotomization'. This social phenomenon consists in the collective use of shared cognitive patterns based upon dichotomous schemati-zation of knowledge, values, and affection. We discuss the formative role of CSD on a community’s collec-tive cognition, identity, and public discourse, as well as the challenges it raises to reasoned argumentation, and how different approaches to argumentation undertake to face this obstacle to (...) |
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