Ethical theory examines human action in general terms, whereas moral judgment takes place in particular situations. These situations often cannot be subsumed easily under general norms and call for a delicate balance of norms and circumstances. I describe situations where opposing courses of action seem morally reasonable and I call them states of deliberative equilibrium. I review Aristotle’s and Kant’s conceptions of moral judgment and I offer a rule for stepping from deliberation to judgment in many situations of (...) equilibrium. (shrink)

An interpretation of John Rawls’ ‘justice as fairness’ as a deliberative critical argumentative strategy for evaluating existing institutions is offered and its plausibility is discussed. I argue that ‘justice as fairness’ aims at synthesizing the moral values claimed by existing social institutions into a coherent model of a well-ordered society in order to demand that these institutions stand up to the values that they promise. Understood in such a way, ‘justice as fairness’ provides a set of idealizing ‘mirrors’ through (...) which power dynamics in society can be viewed but does not function as a model for an ideal society. Key Words: distributive justice • immanent criticism • justice as fairness • political liberalism • public reason • John Rawls • reflective equilibrium. (shrink)

In this paper, we investigate how data about public preferences may be used to inform policy around the use of controversial novel technologies, using public preferences about autonomous vehicles (AVs) as a case study. We first summarize the recent ‘Moral Machine’ study, which generated preference data from millions of people regarding how they think AVs should respond to emergency situations. We argue that while such preferences cannot be used to directly inform policy, they should not be disregarded. We defend an (...) approach that we call ‘Collective Reflective Equilibrium in Practice’ (CREP). In CREP, data on public attitudes function as an input into a deliberative process that looks for coherence between attitudes, behaviours and competing ethical principles. We argue that in cases of reasonable moral disagreement, data on public attitudes should play a much greater role in shaping policies than in areas of ethical consensus. We apply CREP to some of the global preferences about AVs uncovered by the Moral Machines study. We intend this discussion both as a substantive contribution to the debate about the programming of ethical AVs, and as an illustration of how CREP works. We argue that CREP provides a principled way of using some public preferences as an input for policy, while justifiably disregarding others. (shrink)

Political liberals now defend what Rawls calls the "inclusive view" of public reason with the appropriate ideal of reasonable pluralism. Against the application of such a liberal conception of toleration to deliberative democracy "the open view of toleration is with no constraints" is the only regime of toleration that can be democratically justified. Recent debates about the public or nonpublic character of religious reasons provide a good test case and show why liberal deliberative theories are intolerant and fail (...) to live up to democratic obligations to provide justifications to all members of the deliberative community. In a deliberative democracy, accommodations to religious minorities must be based on transformations in the current reflective equilibrium among the norms that make up the complex democratic ideal. This is not merely a conceptual enterprise of commensuration, since the need for any such transformation in standards of justification is due to changes in the nature of the polity itself, changes that in turn modify its regime of toleration. (shrink)

Soft regulatory measures are often promoted as an alternative for existing regulatory regimes for nanotechnologies. The call for new regulatory approaches stems from several challenges that traditional approaches have difficulties dealing with. These challenges relate to general problems of governability, tensions between public interests, but also (and maybe particularly) to almost complete lack of certainty about the implications of nanotechnologies. At the same time, the field of nanotechnology can be characterized by a high level of diversity. In this paper, we (...) discuss and compare two models for framing public policy in relation to technology regulation: the first is a deliberative model based on foresight knowledge and the second the wide reflective equilibrium model, developed by political philosopher John Rawls. In both models, the aim is to find consensus on (a framework for) policy measures and regulation. On the basis of a critical discussion of the strengths and weaknesses of both models, some tentative conclusions are drawn for effective policy making and implementation based on soft law. (shrink)

Political liberals now defend what Rawls calls the “inclusive view” of public reason with the appropriate ideal of reasonable pluralism. Against the application of such a liberal conception of toleration to deliberative democracy “the open view of toleration is with no constraints” is the only regime of toleration that can be democratically justified. Recent debates about the public or nonpublic character of religious reasons provide a good test case and show why liberal deliberative theories are intolerant and fail (...) to live up to democratic obligations to provide justifications to all members of the deliberative community. In a deliberative democracy, accommodations to religious minorities must be based on transformations in the current reflective equilibrium among the norms that make up the complex democratic ideal. This is not merely a conceptual enterprise of commensuration, since the need for any such transformation in standards of justification is due to changes in the nature of the polity itself, changes that in turn modify its regime of toleration. (shrink)

This paper proposes a Rawlsian conception of moral justification as a social activity. Through a close reading, Rawls’ view of ethical justification is shown to be significantly more dialogical and deliberative than is commonly appreciated. The result is a view that emphasizes the social nature of ethical justification and identifies information sharing between persons as the crux of justification in metaethics, in contrast to normative ethics. I call it Rawlsian reflective equilibrium to distinguish it from other varieties.

Although democratic innovations are spread all over the world, there is little research on the institutional outcomes of implementing such innovations in governmental organisations. To remedy this, it is important to focus on cases where DIs have been implemented and formally connected to the policymaking process over a longer period. Reykjavik provides such a case. Drawing on observations and interviews with key stakeholders over a period of three years, this study analyses how the institutional logic of DIs influenced the local (...) government in Reykjavik. The study presents two conclusions: First, it is clear that one equilibrium has not been replaced by another. Second, there is no peaceful co-existence between the two, but instead the outcome is an organisation in ‘a state of flux’. There are several factors contributing to this outcome, but three stand out: a populist power-shift, dissatisfaction with theworking of the implemented DIs and deliberative ambiguity. In the final part of the article, the institutional outcome is discussed in relation to overall consequences for the political system. (shrink)

It has become increasingly common to conduct research on popular views on ethical questions. In this paper, we discuss when and to what extent popular views should be included in a reflective equilibrium process, thereby influencing normative theory. We argue that popular views are suitable for inclusion in a reflective equilibrium if they approximate considered judgments and examine some factors that plausibly contribute to the consideredness of popular views. We conclude that deliberation and familiarity contribute to the consideredness (...) of popular views, whereas prevalence does not. Furthermore, we raise the “fair trial” objection: that expert deliberation on popular views might fail to respect the consideredness of these views. Eliciting views approximating considered judgments directly from participants is therefore preferable to refining popular views or treating them as “bare” intuitions in the reflective process. These conclusions have important implications for which research methods will likely elicit popular views suitable for a reflective equilibrium process. Research focusing on the prevalence of views is unlikely to yield popular views suitable for a reflective equilibrium, whereas deliberative and in-depth work is more promising. (shrink)

Democratic societies find it difficult to reach consensus concerning principles for healthcare distribution in the face of resource constraints. At the same time the need for legitimacy of allocation decisions has been recognised. Against this background, the National Institute for Health and Clinical Excellence (NICE) aspires to meet the principles of procedural justice, specifically the conditions of accountability for reasonableness as espoused by Daniels and Sabin, that is, publicity, relevance, revisions and appeal, and enforcement. Although NICE has adopted a highly (...) standardised approach and continuously publishes key documents on its website, its technology appraisal programme does not fulfil the publicity condition of accountability for reasonableness. Economic models are not made sufficiently transparent to enable public scrutiny, and decision criteria other than cost-effectiveness remain enigmatic. NICE’s reliance on cost-utility analysis and “plausible” cost-per-quality-adjusted life year (QALY) benchmarks further raises serious issues with regard to the relevance condition of accountability for reasonableness. This is illustrated by counterintuitive cost-per-QALY rankings that are difficult to justify using reflective equilibrium methods, and by the current debate surrounding expensive therapies for rare diseases (“orphan” treatments). In addition, an excessive focus on QALYs may stand in the way of exploiting the best available effectiveness evidence. The NICE mechanism for revision and appeals is also more restrictive than provided in accountability for reasonableness. As to the enforcement condition, no effective quality assurance processes are in place for technology assessments, and implementation of guidance remains imperfect. NICE, despite impressive efforts, appears to have a long way to go before meeting the conditions of accountability for reasonableness. (shrink)

ABSTRACT In a democracy what people think matters. Political philosophers are mostly democrats. They often justify deliberative and participatory democracy. And yet when it comes to philosophizing they often turn a blind eye to what people think; they sometimes even express profound doubts about what people think and about consulting the public. I call this the political philosophy gap. It has been justified in several ways. In this paper I first consider and dismiss the most common justifications. I then (...) suggest a democratic and an epistemological reason why political philosophers should consider what people think when they formulate their theories. I put forward a proposal for a method of doing so, which I call public reflective equilibrium, and which consists of four stages of research and philosophy. Finally, I suggest that not only is it doable, but it has a potential to contribute a lot to contemporary political philosophy. It should not come instead of traditional ways of conducting political philosophy but as an additional, perhaps more political, method of political philosophy. (shrink)

The present article explores the rationales of scientists and engineers for distributing moral responsibilities related technology development. On the basis of a qualitative case study, it was investigated how the actors within a research network distribute responsibilities for these issues. Rawls’ Wide Reflective Equilibrium model was used as a descriptive framework. This study indicates that there is a correlation between the actors’ ethics position and their responsibility rationale. When discussing how to address ethical issues or how to distribute the (...) responsibility for addressing them, actors with similar normative background theories referred to the same type of normative arguments. It was found that these deliberative processes could best be interpreted in terms of an interplay between different layers of morality. The case suggests that people seek coherence between these layers rather than work through them one-directionally. By distinguishing between rationales for distributing responsibilities and the actual distributions, possible sources of misunderstanding can be identified. The benefit from acknowledging these different rationales is that it enables actors to recognize the legitimacy of other people’s opinions, ultimately contributing to a responsibility distribution that is both complete and accepted by all as justified. (shrink)

Which rules for aggregating judgments on logically connected propositions are manipulable and which not? In this paper, we introduce a preference-free concept of non-manipulability and contrast it with a preference-theoretic concept of strategy-proofness. We characterize all non-manipulable and all strategy-proof judgment aggregation rules and prove an impossibility theorem similar to the Gibbard--Satterthwaite theorem. We also discuss weaker forms of non-manipulability and strategy-proofness. Comparing two frequently discussed aggregation rules, we show that “conclusion-based voting” is less vulnerable to manipulation than “premise-based voting”, (...) which is strategy-proof only for “reason-oriented” individuals. Surprisingly, for “outcome-oriented” individuals, the two rules are strategically equivalent, generating identical judgments in equilibrium. Our results introduce game-theoretic considerations into judgment aggregation and have implications for debates on deliberative democracy. (shrink)

The main aim of this paper is to propose the inclusion of the expertise of a prudent agent in the reflective equilibrium procedure, adding a disposition to identify reasonable beliefs that would be seen as the starting point of the method, which could avoid the criticism of conservatism and subjectivism. To do so, I will begin by analyzing the central characteristics of the method and its main faults. Afterwards, I will investigate the characteristics of prudence as a disposition to (...) identify the adequate means to achieve a good end. With this in mind, I will apply prudence to the procedure, so that it will be carried out by an agent who deliberates well, identifying reasonable moral beliefs and, then, we must justify them based on their consistency with ethical principles and with the factual beliefs of relevant scientific theories. Finally, I will argue that this deliberative process is consistent with ethical pluralism and democracy, and can be taken as a kind of moral knowledge. (shrink)

Scholars loosely affiliated with the "Cambridge School" (e.g., Pocock, Skinner, Viroli, and Pettit) accentuate rule of law, common good, class equilibrium, and non-domination in Machiavelli's political thought and republicanism generally but underestimate the Florentine's preference for class conflict and ignore his insistence on elite accountability. The author argues that they obscure the extent to which Machiavelli is an anti-elitist critic of the republican tradition, which they fail to disclose was predominantly oligarchic. The prescriptive lessons these scholars draw from republicanism (...) for contemporary politics reinforce rather than reform the "senatorial," electorally based, and socioeconomically agnostic republican model (devised by Machiavelli's aristocratic interlocutor, Guicciardini, and refined by Montesquieu and Madison) that permits common citizens to acclaim but not determine government policies. Cambridge School textual interpretations and practical proposals have little connection with Machiavelli's "tribunate," class-specific model of popular government elaborated in The Discourses, one that relies on extra-electoral accountability techniques and embraces deliberative popular assemblies. (shrink)

Scholars loosely affiliated with the “Cambridge School” accentuate rule of law, common good, class equilibrium, and non-domination in Machiavelli's political thought and republicanism generally but underestimate the Florentine's preference for class conflict and ignore his insistence on elite accountability. The author argues that they obscure the extent to which Machiavelli is an anti-elitist critic of the republican tradition, which they fail to disclose was predominantly oligarchic. The prescriptive lessons these scholars draw from republicanism for contemporary politics reinforce rather than (...) reform the “senatorial,” electorally based, and socioeconomically agnostic republican model that permits common citizens to acclaim but not determine government policies. Cambridge School textual interpretations and practical proposals have little connection with Machiavelli's “tribunate,” class-specific model of popular government elaborated in The Discourses, one that relies on extra-electoral accountability techniques and embraces deliberative popular assemblies. (shrink)

Scholars loosely affiliated with the “Cambridge School” accentuate rule of law, common good, class equilibrium, and non-domination in Machiavelli's political thought and republicanism generally but underestimate the Florentine's preference for class conflict and ignore his insistence on elite accountability. The author argues that they obscure the extent to which Machiavelli is an anti-elitist critic of the republican tradition, which they fail to disclose was predominantly oligarchic. The prescriptive lessons these scholars draw from republicanism for contemporary politics reinforce rather than (...) reform the “senatorial,” electorally based, and socioeconomically agnostic republican model that permits common citizens to acclaim but not determine government policies. Cambridge School textual interpretations and practical proposals have little connection with Machiavelli's “tribunate,” class-specific model of popular government elaborated in The Discourses, one that relies on extra-electoral accountability techniques and embraces deliberative popular assemblies. (shrink)

Classical Athens provides a historical case study of effective joint action by a democratic community, at scale, over time, and across a socially and epistemically diverse population. Athens was concerned both with aggregating diverse knowledge for decision-making and with building common knowledge for coordinated joint action. A preserved prosecution speech delivered in an Athenian treason trial reveals how common knowledge was generated by democratic institutions and employed in legal arguments. Common knowledge facilitated eff ective coordination among citizens through productive alignment (...) cascades. Yet Athenian lawcourt procedures rendered cascading difficult, pointing to an institutionalized awareness that coordination among jurors might violate fairness as equality before the law; such violations threatened democratic values and the equilibrium between elite and non-elite citizens. Common knowledge was promoted by repeated public rituals, public monuments, and public architecture that allowed for the interpresence of large numbers of deliberative and intervisible citizens. (shrink)

This article addresses a number of phenomena in the field of digital communication - disinformation, infodemics and conspiracy mania - that promote indifference regarding the distinction between truth and lies, fact and fiction, opinion and knowledge. They have thus decisively altered users' patterns of rationality and common sense and contributed to the rise of anti-democratic and anti-scientific positions. To address this complex problem, a systemic approach is provided that considers these phenomena to be factors that disturb the ethical-epistemic equilibrium (...) between uncertainty, trust and responsibility. After identifying a set of dynamics generated by these disruptive factors, three aspects are explored in depth: the polarisation and lack of a deliberative culture, the necessary correction of the social image of scientific practice, and the impact of the post-truth discourse. The article concludes with reflections on redefining the three key concepts of uncertainty, trust and responsibility in light of the demands of the digital sphere. (shrink)

A normative account of global political organization must address three fundamental questions. One concerns the way in which political jurisdictions are to be delimited and their territorial boundaries drawn; another concerns the allocation of powers of sovereignty to those jurisdictions; the third concerns the principles for the distribution of economic benefits and burdens worldwide. The aim of my dissertation is to defend an account of global justice that extends to each of these questions. In doing so, I reject the answers (...) embodied in the prevailing international states system. ;In Chapter One, I consider one of the most sophisticated attempts to defend the states system on grounds of political morality---John Rawls's "The Law of Peoples." I argue that Rawls's defense fails because it is not adequately responsive to its own animating moral ideal, namely the ideal of popular sovereignty. Properly understood, popular sovereignty imposes on global political institutions constraints that are inconsistent with the features of the states system that Rawls defends. These constraints are expressed in two conditions: a deliberativeness condition, which ensures the integrity of the communicative structures required for rational collective will formation; and a pre-commitment condition, which ensures the willing acceptance by individuals of membership in the same polity. Together, these conditions entail a set of political human rights for individuals, and a set of self-determination rights for groups. ;Thomas Pogge has proposed a federative model of global political organization that, suitably modified, is responsive to these rights. His account calls for a federative dispersion of sovereign powers among nested jurisdictions, and incorporates a voluntaristic principle for the demarcation of borders. However, Pogge's defense is incomplete. In Chapter Two, I argue that the ideal of popular sovereignty provides the necessary foundation for his model. The same ideal leads us to reject Pogge's assertion of a universal right to democratic governance. ;In Chapter Three I articulate and defend a conception of global distributive justice that mandates transfers of wealth from more- to less-affluent societies with the disjunctive target of either immigration-pressure equilibrium---roughly, the point at which all economically motivated applications for immigration are granted---or maximal human development rates for the worst-off societies worldwide. (shrink)

Reflectivists consider reflective reasoning crucial for good judgment and action. Anti-reflectivists deny that reflection delivers what reflectivists seek. Alas, the evidence is mixed. So, does reflection confer normative value or not? This paper argues for a middle way: reflection can confer normative value, but its ability to do this is bound by such factors as what we might call epistemic identity: an identity that involves particular beliefs—for example, religious and political identities. We may reflectively defend our identities’ beliefs rather than (...) reflect open-mindedly to adopt whatever beliefs cohere with the best arguments and evidence. This bounded reflectivism is explicated with an algorithmic model of reflection synthesized from philosophy and science that yields testable predictions, psychometric implications, and realistic metaphilosophical suggestions—for example, overcoming motivated reflection may require embracing epistemic identity rather than veiling it (à la Rawls 1971). So bounded reflectivism should be preferred to views offering anything less. (shrink)

In this book I address the widely debated topic of the legitimacy of democratic decisions showing that the traditional concept of the legitimacy of political authority developed by liberal theories involves dilemmatic outcomes. In order to solve this intrinsic tension of the liberal model of legitimacy, I argue that the legitimacy of political decisions must be granted with a two steps strategy that involves both ideal and non-ideal analysis. Starting from the models developed by John Rawls and Gerald Gaus, I (...) build up my own paradigm, claiming that, pace Rawls, it is not possible to do away with an epistemic analysis of the actual circumstances of justification. I look at the epistemology of disagreement literature in order to build up an epistemic and procedural framework in which it could be shown that disagreement is not a practical obstacle that prevents participants from agreeing on virtually correct solutions; rather, it is exactly in virtue of the fact of disagreement that democracy is the best method for collective decisions. The heart of this proposal is that given certain epistemic circumstances (i.e. pervasive disagreement due to an opaque appraisal of evidence), it is possible to argue that participants within a collective decision-making setting should refer to each other as epistemic peers. This normative request inherits its value from a shared understanding of persons as being on an equal footing and capable of reasoning powers. This reading of political equality implies two related features of peerhood. One is the proceduralist tenet that equality is a non-instrumental value that should be expressed by the fact that any voice, in the political arena, should be given equal weight. The second is the idea that, assumed the fact of pluralism, citizens should be ready to share both practical and epistemic authority while publicly debating over evaluative matters. In the second part of the book I argue that democratic procedures of decision-making, in order to actually respect members of society as equal peers, and in the attempt to solve the dilemmatic outcomes of public reason models of legitimacy, should look at political agreements achieved through compromise rather than consensus. In fact, an overly idealized approach to collective-choice procedures may lose track of actual decision-making processes (lack of guidance). Moreover, seeking consensus, through the establishment of deliberative standards that some individuals or groups have less opportunities than others to fulfil may engender exclusion and inequality (lack of inclusion). Accordingly, I suggest that deliberative constraints should be loosened to include partisan and interested claims and to pursue principled compromises rather than consensual agreement. According to the model of legitimacy I defend, a normative account of democracy cannot rely on standards that could be only applied in an ideal context, otherwise this attempt will be doomed to fail in two ways: 1) delegitimizing actual democratic decision-making processes and 2) undermining the actual possibility to implement decisions reached through deliberation in real contexts. (shrink)

Resumimos la información aportada por estudios científicos recientes sobre las opiniones, visiones y actitudes de los cazadores españoles sobre la caza y su gestión. En concreto, discutimos las distintas funciones que atribuyen los cazadores a la actividad cinegética, así como los juicios morales asociados a diversas motivaciones para cazar. Seguidamente, exploramos las valoraciones expresadas por cazadores y gestores respecto a ciertas herramientas de gestión cinegética, y discutimos sobre cómo éstas influyen en la toma de decisiones. Por último, exploramos las posibles (...) tendencias futuras de esta actividad, a partir de lo expresado por los propios cazadores. (shrink)

We all have beliefs, even strong convictions, about what is just and fair in our social arrangements. How should these beliefs and the theories of justice that incorporate them guide our thinking about practical matters of justice? This wide-ranging collection of essays by one of the foremost medical ethicists in the USA explores the claim that justification in ethics, whether of matters of theory or practice, involves achieving coherence between our moral and non-moral beliefs. Amongst the practical issues addressed in (...) the volume are the design of health-care institutions, the distribution of goods between the old and the young, and fairness in hiring and firing. In combining ethical theory and practical ethics this volume will prove especially valuable to philosophers concerned with ethics and applied ethics, political theorists, bioethicists, and others involved in the study of public policy. (shrink)

One of the main contentions of the framework for Responsible Innovation (RI) is that social and ethical aspects have to be addressed by deliberative engagement with stakeholders and the wider public throughout the innovation process. The aim of this article is to reflect on the question to what extent is deliberative engagement suitable for conducting RI in business. We discuss several tensions that arise when this framework is applied in the business context. Further, we analyse the place of (...) deliberative engagement in several theories of business ethics. We conclude that there remains a tension between the ideal of RI and the way in which the competitive market operates. Hence, RI scholars should reflect more critically on changes that are required in the market in order to make RI possible, modify the ideal of deliberative engagement for RI in business, or attempt to strike a balance between these two responses. (shrink)

There are two principal philosophical conceptions of socialism, corresponding to two interpretations of the notion of a rational society. The first conception corresponds to an instrumental view of social rationality. Captured by the image of socialism as “one big workshop,” the instrumental view holds that social ownership of the means of production is rational because it promotes the optimal development of the productive forces. Social ownership is optimal because it eliminates the costs of coordination imposed by the conduct of economic (...) activities in formally independent enterprises, and, more generally, overcomes fetters on development that result from the control of resources by individuals whose particular interests imperfectly correspond to a general interest in productive advance. (shrink)

From within a “systemic approach” to deliberative democracy, political parties can be seen as crucial actors in facilitating deliberation, by playing epistemic, motivational, and justificatory functions that are central to the deliberative ideal. However, we point out that if we assume a purely outcome-oriented conception of the role of parties within a deliberative system, we risk losing sight of a central tenet of deliberative democracy and of its distinctive principle of legitimacy, namely, that citizens must be (...) able to exercise critical reflection on the grounds of democratic decisions. We argue that parties have a special responsibility in making a deliberative system meet this requirement, and that such special role can be fulfilled only if parties’ programs, values, and strategies are shaped through intra-party deliberation. On the grounds of this discussion, we define a model of intra-party deliberation that is based on the principles of mutual acceptability, pluralism, and publicity. (shrink)

The proposal to create a chamber selected by sortition would extend this democratic procedure into the legislative branch of government. However, there are good reasons to believe that, as currently conceived by John Gastil and Erik Olin Wright, the proposal will fail to realize sufficiently two fundamental democratic goods, namely, political equality and deliberative reasoning. It is argued through analysis of its historic and contemporary application that sortition must be combined with other institutional devices, in particular, rotation of membership (...) and limited mandate, in order to be democratically effective and to realize political equality and deliberative reasoning. An alternative proposal for a responsive sortition legislature is presented as more realistic and utopian: one that increases substantially the number of members, makes more extensive use of internal sortition and rotation, and recognizes the importance of establishing limited mandates. (shrink)

Responsible innovation in artificial intelligence calls for public deliberation: well-informed “deep democratic” debate that involves actors from the public, private, and civil society sectors in joint efforts to critically address the goals and means of AI. Adopting such an approach constitutes a challenge, however, due to the opacity of AI and strong knowledge boundaries between experts and citizens. This undermines trust in AI and undercuts key conditions for deliberation. We approach this challenge as a problem of situating the knowledge of (...) actors from the AI industry within a deliberative system. We develop a new framework of responsibilities for AI innovation as well as a deliberative governance approach for enacting these responsibilities. In elucidating this approach, we show how actors from the AI industry can most effectively engage with experts and nonexperts in different social venues to facilitate well-informed judgments on opaque AI systems and thus effectuate their democratic governance. (shrink)

The paper presents a renewed Habermasian view on transnational multi-stakeholder initiatives and assesses the institutional characteristics of the Equator Principles Association from a deliberative democracy perspective. Habermas’ work has been widely adopted in the academic literature on the political responsibilities of corporations, and also in assessing the democratic qualities of MSIs. Commentators, however, have noted that Habermas’ approach relies very much on ‘nation-state democracy’ and may not be applicable to democracy in MSIs—in which nation-states are virtually absent. We argue (...) that Habermas’ detailed conceptualization of the institutionalization of deliberative democracy can be applied to transnational MSIs if these initiatives can be said to have their own ‘dèmoi’ that can be represented in associational decision-making. Therefore, we develop a definition of the dèmos of an MSI based on the notion of collective agency. Subsequently, we explain how Habermas’ approach to democracy can be applied to MSIs and show that it has more to offer than hitherto has been uncovered. Our illustrative analysis of the EPA confirms the criticisms regarding this MSI which have recently been articulated by researchers and practitioners, but also yields new findings and possible avenues for the further development of the EPA: That is, although our assessment suggests that the EPA in its current state is still far from being a democratic MSI, the possibility of a sensible analysis of its democratic character indicates that transnational MSIs can, in principle, help to fill governance gaps in a democratic way. (shrink)

How does public discussion contribute to the reasonableness with which power is exercised in a democracy? Contemporary answers to this question (such as formulated by Rawls or Habermas), are often based upon two interconnected preconceptions. These are, 1. the idea that the value of public discussion lies primarily in the fact that citizens can reach a reasonable consensus through argumentation and discussion and, 2. the belief that the exercise of power is legitimate only if it is determined by a reasonable (...) consensus among citizens. In this sense, 'reasonable consensus among citizens' eliminates, under ideal conditions, the 'autonomy' of the exercise of power. However, these ideals of democracy appear to conflict with certain aspects of democratic society; aspects, moreover, which we tend to value quite highly. I therefore advance an alternative account of the reasonableness of power in democratic societies; one which acknowledges both the characteristically unlimited scope of public discussion in democratic society and the fact that such discussion rarely or perhaps even never ends in a general consensus. In order to elucidate the democratic character of society we must explain the relationship between discussion and power in such a way that we understand both the need for discussion and the necessity of an autonomous exercise of power. (shrink)

According to Val Plumwood (1995), liberal-democracy is an authoritarian political system that protects privilege but fails to protect nature. A major obstacle, she says, is radical inequality, which has become increasingly far-reaching under liberal-democracy; an indicator of ‘the capacity of its privileged groups to distribute social goods upwards and to create rigidities which hinder the democratic correctiveness of social institutions’ (p. 134). This cautionary tale has repercussions for education, especially civics and citizenship education. To address this, we explore the potential (...) of what Gerard Delanty calls ‘cultural citizenship’ as an alternative to the disciplinary citizenship that permeates Western liberal discourse. Cultural citizenship emphasises citizenship as communication and continual learning processes, rejecting the idea of citizenship as a fixed set of cultural ideals, norms or values defined and enforced by liberal society’s legal, political and cultural institutions, including education and ‘citizenship training’. However, we contend that a critical first step, essential to democratic correctiveness, is to clear away obstacles created by the privileging of a dominant epistemic position. We conclude that Plumwood’s philosophy alongside John Dewey’s work on democracy and education provide a theoretical framework for effective democratic inquiry aimed towards interconnective, deliberative practice and corrective methodology for epistemic accountability. (shrink)

The deliberative model of politics has recently been criticized for not being very well equipped to conceptualize current developments such as the misinterpretation of political difference, the digital turn, and public protests. A first critique is that this model assumes a conception of public spheres that is too idealistic. A second objection is that it misconceives the relationship between empirical reality and normativity. Third, it is assumed that deliberative democracy offers an antiquated notion of a shared ‘we’ of (...) political actors and because of this, fourth, fails to take into consideration the ‘digital turn’, in particular the de-personalizing effects of social media that have led to a rapid decline of the public sphere. And a fifth critique states that the deliberative model ignores the fact that politics is not, and especially protests and revolutions are not, seminar-like debates but spontaneous, chaotic and sometimes violent expressions. I will argue that all of these critiques fall short in a variety of ways. A deliberative model of politics allows us to address the tension between the ideal and the real, the ‘old media’ and the so-called digitalization of public spheres as well as peaceful discourse and violent uprisings. Especially the concept of communicative power, a notion also used by Hannah Arendt and Jürgen Habermas, reveals the potentials for future participation in digital spaces and public places. (shrink)

: Critics have suggested that deliberative democracy reproduces inequalities of gender, race, and class by privileging calm rational discussion over passionate speech and action. Their solution is to supplement deliberation with such forms of emotional expression. Hall argues that deliberation already inherently involves passion, a point that is especially important to recognize in order to deconstruct the dichotomy between reason and passion that plays a central role in reinforcing inequalities of gender, race, and class in the first place.

Critics have suggested that deliberative democracy reproduces inequalities of gender, race, and class by privileging calm rational discussion over passionate speech and action. Their solution is to supplement deliberation with such forms of emotional expression. Hall argues that deliberation already inherently involves passion, a point that is especially important to recognize in order to deconstruct the dichotomy between reason and passion that plays a central role in reinforcing inequalities of gender, race, and class in the first place.

In this paper, we argue that deliberative democrats have too narrow a conception of the political, but that 'activism' as it is normally understood is not sufficiently broad, either. Politics is not reducible to coercion and contestation, but rather to the constitution of our shared world. We contend that active citizenship more often takes the form of working in a rape crisis center or a domestic violence clinic than participating in marches or town meetings.

Andreu Mas-Colell has been doing pioneering work using differential topology in the analysis of general equilibrium. This work is regarded as outstanding and one of the major contributions to the development of rigorous economic theory in the last twenty years. The articles he has written have been difficult and technically demanding. In this book he brings this work together to show its scope and its power. He presents the analysis in a way which makes it accessible to the broader (...) range of economic theorists and advanced students. This book has been long awaited as a seminal contribution to the subject. (shrink)

Legal scholars generally consider the theorisation and constitutionalisation of constitutional interpretation as a matter for the courts. This article first challenges this tendency on conceptual grounds, showing that no institutional commitment follows from the nature of interpretation in law, constitutional law included. It then provides guidance for thinking about institutional perspectives according to two criteria: the nature and normative strength of the sources interpreted and the capacity of the interpreter to include and consider every possibility affected when her interpretation carries (...) collective effects and is authoritatively final. The application of these criteria places the discussion on the grounds of democratic theory. The article thus reviews competing democratic theories and champions deliberative democracy as the alternative whose constitutive features best allow for the development of institutions capable of exercising constitutional interpretation when the imposition of meaning on the constitution is final and carrieserga omneseffects. (shrink)

If deliberative democracy is to be more than a critique of current practice and achieve the normative goals ascribed to it, its norms must be approximated in practice and combine its two elements, popular deliberation with democratic decision-making. In combining these, we come across a Weberian dilemma between legitimacy and effectiveness. One of the most popular methods for institutionalizing deliberative democracy, which has been suggested, is citizen associations in civil society. However, there has been a lack of precise (...) and detailed discussion about how such a system could link macro deliberations in public spheres with micro and formal decision-making arenas. This paper aims to amend this and offers a dualist model, which ensures that deliberation and decision-making are linked, and an effective balance between the Weberian dilemma is achieved, through the same secondary associations fulfilling both roles. The first part of this strategy focuses on the informal public sphere and its networks and their potential to foster deliberative communication between secondary associations and between these associations and the state that helps transform preferences and set the agenda for decision-making. The second part is mediating forums, organized by quangos, with devolved powers, where representatives from secondary associations assemble to make decisions based upon the norms of deliberative democracy. If deliberative democracy can be approximated in practice then it becomes a more persuasive theory as it means the normative goals attributed to it could actually be achieved, which is why the dualist method is significant. (shrink)