Abstract

In two recent papers, Christian List and Philip Pettit have argued that there is a problem in the aggregation of reasoned judgements that is akin to the aggregation of the preference problem in social choice theory. 1 Indeed, List and Pettit prove a new general impossibility theorem for the aggregation of judgements, and provide a propositional interpretation of the social choice problem that suggests it is a special case of their impossibility result. 2 Specifically, they show that no judgement aggregation function for a group is possible if the group seeks to satisfy certain `minimal conditions' designed to ensure that the function is both responsive to the individually rational views of its members and collectively rational in the set of judgements it holds. In this article, I resist the List and Pettit claim that there is the same propensity for collective irrationality or incoherence in the aggregation of reasoned judgements as there is in the aggregation of preference. I argue that reason, because it has a logical structure that is lacking in mere preference, has the effect of giving priority to some aggregations over others, a priority that is not permitted by one of the conditions imposed by List and Pettit. This avoids the incoherence that would otherwise exist if these different aggregations, not consistent with one another, were to compete at the same level of priority. The priority of some aggregations is particularly apparent, I shall argue, if one views the aggregation of judgements through the lens of common law decision-making. Key Words: social choice • judgement • Condorcet jury theorem • collective rationality • public reason • doctrinal paradox • discursive dilemma.