Debating Deliberative Democracy

Similar documents
Debating Deliberative Democracy

Democratic Theory 1 Trevor Latimer Office Hours: TBA Contact Info: Goals & Objectives. Office Hours. Midterm Course Evaluation

Problems in Contemporary Democratic Theory

Philosophy 267 Fall, 2010 Professor Richard Arneson Introductory Handout revised 11/09 Texts: Course requirements: Week 1. September 28.

Rawls and Deliberative Democracy. Michael Saward

This is a post-print version of the following article: Journal information: hamburg review of social sciences (hrss), Vol. 4, Issue 3 (May 2010)

Social Choice Theory and Deliberative Democracy: A Response to Aldred

Ph.D. in Philosophy, University of Cambridge. Degree awarded December, 1976.

POL 10a: Introduction to Political Theory Spring 2017 Room: Golding 101 T, Th 2:00 3:20 PM

Pos 500 Seminar in Political Theory: Political Theory and Equality Peter Breiner

4AANB006 Political Philosophy I Syllabus Academic year

POSC 6100 Political Philosophy

Power, Oppression, and Justice Winter 2014/2015 (Semester IIa) Rijksuniversiteit Groningen, Faculty of Philosophy

What is a constitution? Do all democracies have them? Does a constitution protect citizens rights?

POL 190B: Democratic Theory Spring 2017 Room: Shiffman Humanities Ctr 125 W, 2:00 4:50 PM

Rawls versus the Anarchist: Justice and Legitimacy

Freedom, Power and Political Morality

Democracy and Justice

Topics in Political Thought I: Democratic Theory POL 484H (F) Fall 2006, University of Toronto

Democracy and Common Valuations

APPLICATION FORM FOR PROSPECTIVE WORKSHOP DIRECTORS

Christian List. 177 Mission Impossible, DPhil-thesis, University of Oxford BIBLIOGRAPHY

John Rawls. Cambridge University Press John Rawls: An Introduction Percy B. Lehning Frontmatter More information

PSC 5323 Political Inquiry Approaches and Methods

Minorities within Minorities

A New Proposal on Special Majority Voting 1 Christian List

Public Opinion and Democratic Theory

Global Financial Crisis: The Ethical Issues

Corey Brettschneider Professor of Political Science

Deliberation on Long-term Care for Senior Citizens:

ADVANCED POLITICAL ANALYSIS

Political Science 200A Week 8. Social Dilemmas

[UPDATED DECEMBER 2015] University of Sydney, Sydney, Australia Sesquicentenary Fellow in Government and International Relations,

Political Science 423 DEMOCRATIC THEORY. Thursdays, 3:30 6:30 pm, Foster 305. Patchen Markell University of Chicago Spring 2000

Definition: Institution public system of rules which defines offices and positions with their rights and duties, powers and immunities p.

The Veil of Ignorance in Rawlsian Theory

The Philosophy and Methods of Political Science. Keith Dowding

[UPDATED JULY 2017] University of Sydney, Sydney, Australia Sesquicentenary Fellow in Government and International Relations,

Joshua Rowlands. Submission for MPhil Stud. September Approx words

Life and Death with Liberty and Justice

CIVIL LIBERTIES, NATIONAL SECURITY AND PROSPECTS FOR CONSENSUS

DEGREES IN HIGHER EDUCATION M.A.,

PHIL 240 Introduction in Political Philosophy

From Participation to Deliberation

Facilitation and Inclusive Deliberation

MULTICULTURALISM AND DELIBERATIVE DEMOCRACY. Maurizio Passerin d'entrèves. University of Manchester

PH 3022 SOCIAL AND POLITICAL PHILOSOPHY UK LEVEL 5 UK CREDITS: 15 US CREDITS: 3/0/3

Deliberation and Agreement Christian List 1

Harvard Law School, Visiting Associate Professor of Law, Winter Term, 2009

The Politics of reconciliation in multicultural societies 1, Will Kymlicka and Bashir Bashir

DEMOCRACY IN DIVIDED SOCIETIES. Central European University MA Course, Winter Semester 2015

Economic philosophy of Amartya Sen Social choice as public reasoning and the capability approach. Reiko Gotoh

MICHAL KALECKI ON A SOCIALIST ECONOMY

Deliberative Dilemmas: A Critique of Deliberation Day from the Perspective of Election Law

Democracy and Trust. Cambridge University Press Democracy and Trust Edited by Mark E. Warren Frontmatter More information

PS210: Philosophy of Social Science. Fall 2017

NORMAN ANGELL AND THE FUTILITY OF WAR

MAIN EPISTEMOLOGICAL ISSUES IN THE SOCIAL SCIENCES

The Anarchical Society in a Globalized World

A THEORY OF JUSTICE. Revised Edition JOHN RAWLS

RATIONALITY AND DELIBERATIVE DEMOCRACY

STEVEN WALL. Associate Professor. Department of Philosophy, University of Connecticut (2008 to 2010)

Review of Roger E. Backhouse s The puzzle of modern economics: science or ideology? Cambridge: Cambridge University Press, 2010, 214 pp.

Reason, Representation, and Participation

Globalization and the Nation State

The Determinacy of Republican Policy: A Reply to McMahon

PHIL 3226: Social and Political Philosophy, Fall 2009 TR 11:00-12:15, Denny 216 Dr. Gordon Hull

American Democracy and the Policymaking Process Prof. Steve Jackson Syllabus September 3, 2013

Department of Political Science Fall, Political Science 306 Contemporary Democratic Theory Peter Breiner

Rethinking Enterprise Policy

The Original Position

Centro de Investigación y Docencia Económicas (CIDE) Profesor/Investigador (Estudios Políticos)

CONTEMPORARY SECURITY AND STRATEGY

Participatory parity and self-realisation

Also by Leonard Schapiro

Ph.D. Politics, September 2005 Princeton University Fields: Political Theory, Public Law, Comparative Politics

Epistemic approaches to deliberative democracy

Definition: Property rights in oneself comparable to property rights in inanimate things

Reclaiming the Rights of the Hobbesian Subject

Models of Social Science L98 AMCS 4023 M/W 10-11:30. Andrew Rehfeld Office: Seigle 233. American Culture Studies

1 L. Pratchett, «Local Autonomy, Local Democracy and the «New Localism», Political. Studies, Vol. 52, 2004, p. 361.

Theory of Politics (114) Comprehensive Reading List

Instructor: Margaret Kohn. Fall, Thursday, Office Hours: Thursday 1:00-2:00 (SS3118)

Pol 392: Democratic Theory

Proceduralism and Epistemic Value of Democracy

PLSC 118B, THE MORAL FOUNDATIONS OF POLITICS

New Directions for the Capability Approach: Deliberative Democracy and Republicanism

DELIBERATIVE DEMOCRACY AND PUBLIC REASON

Russell Muirhead. Dartmouth College Department of Government 6108 Silsby Hall Hanover NH Professional

The Democratic Riddle

Conference Outline: Final Draft Oct 29 th, 2004

ALEXANDER S. KIRSHNER

THE PHILOSOPHY AND ECONOMICS OF THE ENVIRONMENT. Reading list for Trinity Term Topic One (A): Philosophical Foundations

Democracy, Plurality, and Education: Deliberating Practices of and for Civic Participation

Reforming Ideas in Britain

The Morality of Conflict

Seminar on Mistery of Money Institute of Political Studies of the Catholic University of Portugal in Lisbon February 8 and 9, 2016 (tbc)

The Aggregation Problem for Deliberative Democracy. Philip Pettit

Edited by G W. Smith

Pos 419Z Seminar in Political Theory: Equality Left and Right Spring Peter Breiner

Transcription:

Philosophy, Politics and Society 7 Debating Deliberative Democracy Edited by JAMES S. FISHKIN AND PETER LASLETT

Debating Deliberative Democracy

Dedicated to the memory of Peter Laslett, 1915 2001, who helped us see worlds we have lost and gained

Philosophy, Politics and Society 7 Debating Deliberative Democracy Edited by JAMES S. FISHKIN AND PETER LASLETT

2003byBlackwellPublishingLtd BLACKWELLPUBLISHING 350MainStreet,Malden,MA021485020,USA 9600GarsingtonRoad,OxfordOX42DQ,UK 550SwanstonStreet,Carlton,Victoria3053,Australia TherightofJamesS.FishkinandPeterLasletttobeidentifiedastheAuthorsofthe EditorialMaterialinthisWorkhasbeenassertedinaccordancewiththeUKCopyright, Designs,andPatentsAct1988. Allrightsreserved.Nopartofthispublicationmaybereproduced,storedinaretrieval system,ortransmitted,inanyformorbyanymeans,electronic,mechanical,photocopying, recordingorotherwise,exceptaspermittedbytheukcopyright,designs,andpatentsact 1988,withoutthepriorpermissionofthepublisher. Firstpublished2003byBlackwellPublishingLtd 3 2006 LibraryofCongressCataloginginPublicationData Debatingdeliberativedemocracy/editedbyJamesS.FishkinandPeterLaslett. p.cm. Includesbibliographicalreferencesandindex.ISBN1405100427(hardcover: alk.paper) ISBN1405100435(pbk.:alk.paper) 1.Democracy.2.Representativegovernmentandrepresentation.I.Fishkin,JamesS. II.Laslett,Peter. JC423.D3752003 321.8 dc21 2002008003 ISBN13:9781405100427(hardcover:alk.paper) ISBN13:9781405100434(pbk.: alk.paper) AcataloguerecordforthistitleisavailablefromtheBritishLibrary. Setin10on12.5ptBembo byacefilmsettingltd,frome,somerset PrintedandboundinSingapore bycosprinterspteltd Thepublisher spolicyistousepermanentpaperfrommillsthatoperateasustainable forestrypolicy,andwhichhasbeenmanufacturedfrompulpprocessedusingacidfreeand elementarychlorinefreepractices.furthermore,thepublisherensuresthatthetextpaper andcoverboardusedhavemetacceptableenvironmentalaccreditationstandards. Forfurtherinformationon BlackwellPublishing,visitourwebsite: www.blackwellpublishing.com

Contents Notes on Contributors Acknowledgments Introduction 1 1 Deliberation Day 7 Bruce Ackerman and James S. Fishkin 2 Deliberative Democracy Beyond Process 31 Amy Gutmann and Dennis Thompson 3 Democratic Deliberation Within 54 Robert E. Goodin 4 The Law of Group Polarization 80 Cass R. Sunstein 5 Activist Challenges to Deliberative Democracy 102 Iris Marion Young 6 Optimal Deliberation? 121 Ian Shapiro 7 Deliberative Democracy, the Discursive Dilemma, and Republican Theory 138 Philip Pettit 8 Street-level Epistemology and Democratic Participation 163 Russell Hardin 9 Deliberative Democracy and Social Choice 182 David Miller vii viii

vi Running Contents Head 10 Deliberation Between Institutions 200 Jeffrey K. Tulis 11 Environmental Ethics and the Obsolescence of Existing Political Institutions 212 Peter Laslett Index 225

Acknowledgments vii Contributors Bruce Ackerman is Sterling Professor of Law and Political Science, Yale University. James S. Fishkin is Patterson-Banister Chair in Government, Law, and Philosophy, University of Texas at Austin. Robert E. Goodin is Professor of Social and Political Theory and Philosophy, Research School of Social Sciences, Australian National University. Amy Gutmann is Laurance S. Rockefeller University Professor of Politics and the University Center for Human Values, Princeton University Russell Hardin is Professor of Political Science at Stanford University and Professor of Politics at New York University. Peter Laslett was Reader in Politics and the History of Social Structure, Cambridge University, and Fellow of Trinity College, Cambridge. David Miller is Official Fellow in Social and Political Theory, Nuffield College, Oxford. Philip Pettit is William Nelson Cromwell Professor of Politics, Princeton University. Ian Shapiro is William R. Kenan Jr. Professor and Chairman, Department of Political Science, Yale University. Cass R. Sunstein is Karl N. Llewellyn Distinguished Service Professor of Jurisprudence, University of Chicago, Law School and Department of Political Science. Dennis Thompson is Alfred North Whitehead Professor of Political Philosophy, Harvard University. Jeffrey K. Tulis is Associate Professor, Department of Government, University of Texas at Austin. Iris Marion Young is Professor of Political Science, University of Chicago.

viii Running Head Acknowledgments The editor and publisher gratefully acknowledge the following for permission to reproduce the copyright material in this book: Chapter 1: Blackwell Publishing for Bruce Ackerman and James S. Fishkin, Deliberation Day from Journal of Political Philosophy (June 2002); Chapter 2: Blackwell Publishing for Amy Gutmann and Dennis Thompson, Deliberative Democracy Beyond Process from Journal of Political Philosophy (June 2002); Chapter 3: Princeton University Press for Robert E. Goodin, Democratic Deliberation Within from Philosophy & Public Affairs 29:1 (Winter 2000), pp. 79 107. 2000 by Princeton University Press; Chapter 4: Blackwell Publishing for Cass R. Sunstein, The Law of Group Polarization from Journal of Political Philosophy (June 2002); Chapter 5: Sage Publications, Inc. and the author for Iris Marion Young, Activist Challenges to Deliberative Democracy from Political Theory (Oct. 2001); Chapter 6: Blackwell Publishing for Ian Shapiro, Optimal Deliberation? from Journal of Political Philosophy (June 2002); Chapter 7: Philip Pettit for Deliberative Democracy, the Discursive Dilemma and Republican Theory. This chapter was written especially for this volume; Chapter 8: Blackwell Publishing for Russell Hardin, Street-level Epistemology and Democratic Participation from Journal of Political Philosophy (June 2002); Chapter 9: Blackwell Publishing for David Miller, Deliberative Democracy and Social Choice from Political Studies 40 (1992), pp. 54 67; Chapter 10: Jeffrey K. Tulis for Deliberation Between Institutions. This chapter was written especially for this volume.

Acknowledgments ix Chapter 11: Palgrave Macmillan for Peter Laslett, Environmental Ethics and the Obsolescence of Existing Political Institutions from Brendan Gleeson and Nicholas Low (eds), Governing for the Environment, 2nd ed. (2001). The publisher apologizes for any errors or omissions in the above list and would be grateful if notified of any corrections that should be incorporated in future reprints or editions of this book.

Introduction James S. Fishkin and Peter Laslett In his essay for the first volume of Philosophy, Politics and Society, Peter Laslett posed the problem of whether the politics of face to face society, of small groups of manageable size talking to one another before taking decisions, could be adapted to the territorial societies of the large-scale nation-state. In that essay, Laslett probed the gap between face-to-face discussion as a preface to decision-making in small polities and the kinds of opportunities left for citizens in mass societies. The Face to Face Society helped inspire work in political science and political theory that would attempt to bring some of the characteristics of small group face-to-face deliberation to the large-scale nation-state. In particular, it influenced James Fishkin to develop Deliberative Polling, a process discussed by several of the contributors to this volume. At the time Laslett s essay was written, none of these issues were on the agenda of political theory (or related areas of the social sciences). In fact, it was reasonable for Laslett to ask at the time whether or not political theory would even continue to exist. As political theory underwent a major revival, a process evident from the succeeding volumes in this series, a great deal of it came to focus not on realistic deliberations of the kind possible in a face to face society, but rather on the deliberations of agents in purely imaginary thought experiments. The work of John Rawls, in particular, inspired a flowering of work on hypothetical decision procedures, asking us what principles we would choose if we could hypothesize ourselves behind a veil of ignorance in which we lacked knowledge of all particulars about ourselves or our society. The Rawlsian original position was not meant to be instituted, it was only meant to be imagined. The claim was that if we envision it faithfully, we can work out the appropriate first principles of justice for the whole society. The very abstractness of the Rawlsian hypothetical allows it largely to avoid a number of questions that more realistic prescriptions of deliberation would have to face. What goes on in a deliberative process? Is it necessarily a good thing? Who participates? Under what social conditions or institutions might it take

2 James S. Fishkin and Peter Laslett place? Apart from a few stipulated assumptions, it is not merely the Rawlsian agents who are behind a veil of ignorance. Rawls s proposed conditions also shield us from any particular information that might fill out the picture of deliberation. But the move from imaginary thought experiments to real (or at least possible) institutions, or the move from deliberators behind a veil of ignorance to those in a face to face society confronts us with precisely such questions. Instead of deliberations behind a veil, we are to envisage real people under realistic conditions making actual policy choices. But this greater realism prompts the questions already mentioned. First, what goes on in a deliberative process? At the core of any notion of deliberation is the idea that reasons for and against various options are to be weighed on their merits. But what kinds of reasons or arguments need to be weighed? Is deliberation limited to considerations of justice or the public good, or may citizens take account of their self-interest? Is deliberation inherently a social process, requiring shared discussion? Or can it be accomplished in isolation, as Robert Goodin suggests in his contribution, Deliberation Within? If it requires or includes discussion, does that include discussion limited to the like-minded, as in Cass Sunstein s notion of enclave deliberation (one of the forms of deliberation he discusses in his Law of Group Polarization )? Or does deliberation require a consideration of diverse and competing viewpoints, as many of the other contributors hold? What counts as making an argument? Does deliberation include story telling or perhaps even street demonstrations? Or is it just the rational discussion of talking heads? Our contributors cover the spectrum on such issues. Second, is deliberation necessarily a good thing? Sunstein argues that under most conditions, group discussion will produce polarization in which people move to more extreme positions. But he admits that his work on juries and other small group discussions does not apply to Deliberative Polls where there may be a number of factors (moderators, balanced briefings, balanced panels and random samples of the public randomly assigned to groups) enforcing a balance in the arguments considered by the participants. So there may be different forms of structured deliberation that are less subject to his critique. Nevertheless, his critique shows that deliberation may not always be a good thing. Iris Marion Young, in her Activist Challenges to Deliberative Democracy, shows how an activist might have legitimate moral objections to the compromises required for deliberative discussion. There are some issues for which deliberative discussion might assume too much of the status quo and might only amount to complicity with injustice because only small changes from the status quo get on the agenda. Even if deliberation is a good thing, can there be too much of it? Or too much to justify all the effort and expense or all the decision costs as economists would say? This is Ian Shapiro s question in Optimal Deliberation? How

Introduction 3 much deliberation is enough? While he does not finally give us an answer, he proposes some frameworks for considering the question. In different ways, David Miller and Philip Pettit raise the issue of collective consistency. It would be an important challenge to deliberative democracy if we should expect it to be confused or incoherent. Miller s essay, Deliberative Democracy and Social Choice, proposes a hypothesis very much to the contrary: that deliberation may induce a shared preference structure, a shared sense of the problem being decided upon, that allows the respondents to locate themselves along a dimension for evaluating the alternatives. This collective structuration of preferences (technically termed single-peakedness ) guarantees protection against the cycles violating transitivity that have fascinated social choice theorists from the Marquis de Condorcet to Kenneth Arrow. Some political scientists, notably the late William Riker, famously argued that democracy was meaningless because of the prevalence of cycles. 1 Miller s hypothesis is that, post-deliberation, democracy may become more meaningful. This idea has since been supported by empirical evidence from Deliberative Polls. In a number of separate Deliberative Polling investigations with random samples of the public on realistic public policy questions, levels of single-peakedness that would rule out cycles were found after deliberation. 2 There is thus empirical support for the proposition Miller puts forward that deliberative democracy offers some protection against the conundrums of social choice theory. Yet as Philip Pettit shows, cycles violating transitivity are not the only kind of collective inconsistency relevant to democracy. The doctrinal paradox he explores focuses on inconsistencies between premises and conclusions. It is possible for majorities to approve the premises supporting one alternative but the conclusions supporting another. Which alternative then does a consistent form of democracy require? The doctrinal paradox applies to nondeliberative as much as to deliberative democracy, but Pettit argues that deliberative democracy suggests the appropriate response. If we are committed to deliberative democracy, does this mean that we are committed to other good things, say, values of justice or the general welfare? With the Rawlsian hypothetical, the imaginary deliberations come out with set priorities for the first principles of justice priorities, which, if the philosopher s arguments are correct, do not change. But with real deliberations among real people who bring their own values, interests and priorities to bear on the process, the results are far less predictable. But the idea of going from deliberations that have a recommending force to prescriptions for public policy is roughly parallel. Amy Gutmann and Dennis Thompson argue that deliberative democracy cannot be just about process that it carries with it certain substantive commitments. Perhaps so. But then can we tell what these are? Their position is that we can do so only provisionally, precisely because real deliberative processes may vary. Yet they do argue that certain kinds of bad outcomes can be ruled