Epistemic Justice and Democratic Legitimacy

The deliberative turn in political philosophy sees theorists attempting to ground democratic legitimacy in free, rational, and public deliberation among citizens. However, feminist theorists have criticized prominent accounts of deliberative democracy, and of the public sphere that is its site, for being too exclusionary. Iris Marion Young, Nancy Fraser, and Seyla Benhabib show that deliberative democrats generally fail to attend to substantive inclusion in their conceptions of deliberative space, even though they endorse formal inclusion. If we take these criticisms seriously, we are tasked with articulating a substantively inclusive account of deliberation. I argue in this article that enriching existing theories of deliberative democracy with Fricker's conception of epistemic in/justice yields two specific benefits. First, it enables us to detect instances of epistemic injustice, and therefore failures of inclusion, within deliberative spaces. Second, it can act as a model for constructing deliberative spaces that are more inclusive and therefore better able to ground democratic legitimacy.     

Convergence Justifications Within Political Liberalism: A Defence

According to political liberalism, laws must be justified to all citizens in order to be legitimate. Most political liberals have taken this to mean that laws must be justified by appeal to a specific class of ‘public reasons’, which all citizens can accept. In this paper I defend an alternative, convergence, model of public justification, according to which laws can be justified to different citizens by different reasons, including reasons grounded in their comprehensive doctrines. I consider three objections to such an account—that it undermines sincerity in public reason, that it underestimates the importance of shared values, and that it is insufficiently deliberative—and argue that convergence justifications are resilient to these objections. They should therefore be included within a theory of political liberalism, as a legitimate form of public justification. This has important implications for the obligations that political liberalism places upon citizens in their public deliberations and reason-giving, and might make the theory more attractive to some of its critics, particularly those sympathetic to religious belief.     

The Rhetoric of Deliberation: Some Problems in Kantian Theories of Deliberative Democracy

Deliberative or discursive models of democracy have recently enjoyed a revival in both political theory and policy practice. Against the picture of democracy as a procedure for aggregating and effectively meeting the given preference of individuals, deliberative theory offers a model of democracy as a forum through which judgements and preferences are formed and altered through reasoned dialogue between free and equal citizens. Much in the recent revival of deliberative democracy, especially that which comes through Habermas and Rawls, has Kantian roots. Deliberative institutions are embodiments of the free public use of reason that Kant takes to define the enlightenment project. Within the Kantian model the public use of reason is incompatible with the use of rhetoric. While this paper rejects strong rhetorical criticisms of deliberative democracy which render all communication strategic, it argues that rhetorical studies of deliberation have highlighted features of deliberation which point to significant weaknesses in Kantian approaches to it. Two features are of particular importance: the role of testimony and judgements of credibility in deliberation; and the role of appeal to emotions in public discourse. Both from the Kantian perspective are potential sources of heteronomy. However, the appeal to testimony and emotion are features of public deliberation that cannot and should not be eliminated. For those committed to the enlightenment values that underlie the deliberative model of democracy the question is whether these rhetorical features of deliberation are incompatible with those values. The paper argues that they are compatible. It does so by defending an Aristotelian account of rhetoric in public deliberation which denies the Platonic contrast between reasoned discourse and rhetoric which the Kantian model inherits. This revised version was published online in August 2006 with corrections to the Cover Date.     

Deliberating About the Public Interest

Although the idea of the public interest features prominently in many accounts of deliberative democracy, the relationship between deliberative democracy and the public interest is rarely spelt out with any degree of precision. In this article, I identify and defend one particular way of framing this relationship. I begin by arguing that people can deliberate about the public interest only if the public interest is, in principle, identifiable independently of their deliberations. Of course, some pluralists claim that the public interest is an implausible idea, which casts doubt on the idea that there might be something for people to deliberate about. Yet while, following Brian Barry, we can get around this problem by defining the public interest as an interest in which everyone shares qua member of the public, what still needs to be explained is why people should be prepared to privilege this particular capacity. I argue that the account of political equality with which deliberative democracy is bound up offers a compelling explanation of this sort, even if it also gives rise to some difficult questions of feasibility. I conclude by considering the charge that any political scheme that framed the relationship between deliberative democracy and the public interest in this way would be undesirable.     

Civic Republicanism and Education: Democracy and Social Justice in School

The republican political tradition, which originated in Ancient Rome and picked up by several early-modern thinkers, has been revived in the last couple of decades following the seminal works of historian Quentin Skinner and political theorist Philip Pettit. Although educational questions do not normally occupy the center stage in republican theory, various theorists working within this framework have already highlighted the significance of education for any functioning republic. Looking at educational questions through the lens of freedom as non-domination has already yielded important insights to discussions of political education. However, consideration of the existing republican educational discourse in light of the wide range of issues discussed in Pettit’s recent works reveals that it suffers from two major lacunae. First, it does not take into consideration the distinction (and deep connection) between democracy and social justice that has become central to Pettit’s republicanism. Thus, the current discussion focuses almost exclusively on education for democratic citizenship and hardly touches upon social justice. Second, the current literature thinks mainly in terms of educating future citizens, rather than conceiving of students also as political agents in the present, and of school itself as a site of non-domination. This paper aims at filling these voids, and it will therefore be oriented along two intersecting axes: the one between democracy and justice, and the other between future citizenship in the state and present citizenship at school. The resulting four categories will organize the discussion: future citizens and democracy; future citizens and social justice; present citizens and democracy; present citizens and social justice. This will not only enable us to draw a clearer line between the civic republican and liberal educational theories, but also make civic republican education a viable alternative to current educational approaches.     

Democracy,Deliberation and Disobedience

This paper develops a theory of civil disobedience informed by a deliberative conception of democracy. In particular, it explores the justification of illegal, public and political acts of protest in constitutional deliberative democracies. Civil disobedience becomes justifiable when processes of public deliberation fail to respect the principles of a deliberative democracy in the following three ways: when deliberation is insufficiently inclusive; when it is manipulated by powerful participants; and when it is insufficiently informed. As a contribution to ongoing processes of public deliberation, civil disobedience should be carried out in a way that respects the principles of deliberative democracy, which entails a commitment to persuasive, non-violent forms of protest.Civil disobedience is understood in this paper as public, illegal and political protest carried out against state laws or policies. Justification here is understood as a moral or political justification -- where civilly disobedient citizens claim that they are morally or politically entitled to disobey law. It does not imply legal justification.John Rawls, A Theory of Justice (Oxford: Oxford University Press, 1972); Ronald Dworkin, A Matter of Principle (London: Harvard University Press, 1985).     

Complexity and deliberative democracy

Communism may be dead, but a quasi‐Marxist critique of liberal democracy survives in the writings of a number of thinkers ‐ most notably, David Miller and John Dryzek ‐ who deplore the self‐centered apathy of their fellow citizens and defend the radical ideal of deliberative democracy. Inspired mainly by Rousseau and Habermas, this emergent school of thought argues for a more participatory system where the public interest takes precedence over private interest, and where rational argument replaces cynical manipulation. The paper questions whether the deliberative model can cope with the incalculable complexity of modern society. Deliberative democracy, it is contended, rests on doubtful metaphysical assumptions, a blinkered approach to empirical evidence, and a common misapprehension about the nature of political argument.     

Democracy Without Participation: A New Politics for a Disengaged Era

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.     

Reason,Representation, and Participation

This paper argues that the contrast between direct and representative democracy is less important than that between simple majoritarianism and deliberative i.e., public reason centred, democracy, as only the latter is sufficiently sensitive to the problem of domination. Having explored a range of arguments in favour of direct democracy it is argued that moves in this direction are only warranted when the practice of public reasoning will be enhanced. Both symbolic representation and delegate democracy are rejected in favour of substantive measures to formalise communication between voters and representatives and permit the formal contestation of political decision on the ground that these will provide stronger defences against domination within the political system.     

Democracy and scientific expertise: illusions of political and epistemic inclusion

Realizing the ideal of democracy requires political inclusion for citizens. A legitimate democracy must give citizens the opportunity to express their attitudes about the relative attractions of different policies, and access to political mechanisms through which they can be counted and heard. Actual governance often aims not at accurate belief, but at nonepistemic factors like achieving and maintaining institutional stability, creating the feeling of government legitimacy among citizens, or managing access to influence on policy decision-making. I examine the traditional relationship between inclusiveness and accuracy, and illustrate this connection by discussing empirical work on how group decision-making can improve accuracy. I also advance a Generic Epistemic Principle that any evidence-based decision-making procedures must embrace. Focusing on policy-making, I then measure the distance between these standards and the ones actually implemented in U.S. political settings. Psychological research on individual and group decision-making is a source of normative assessment for existing policy judgment, but it neither rationalizes nor legitimates the actual and typical processes used in U.S. institutions of political decision making. To establish this point, I focus on one characteristic government institution—the U.S. House of Representatives Committee on Science, Space, and Technology—that displays deliberative processes at odds with the sciences they advocate, and with the Generic Epistemic Principle. I explain this discouraging condition in terms of several inveterate factors in U.S. politics: a limitlessly money-driven and endless campaigning process that effectively forces elected representatives to align themselves with money and vote strategically, the use of procedural arrangements known to make people feel politically included when they are not, and the unresponsiveness of a majoritarian (vs. consensus) democracy.     

Advisors and Deliberation

The paper has two goals. First, it defends one type of subjectivist account of reasons for actions—deliberative accounts—against the criticism that they commit the conditional fallacy. Second, it attempts to show that another type of subjectivist account of practical reasons that has been gaining popularity—ideal advisor accounts—are liable to commit a closely related error. Further, I argue that ideal advisor accounts can avoid the error only by accepting the fundamental theoretical motivation behind deliberative accounts. I conclude that ideal advisor accounts represent neither a substantial departure from, nor a substantial improvement upon, deliberative accounts.     

Educating Political Adversaries: Chantal Mouffe and Radical Democratic Citizenship Education

Many scholars in the area of citizenship education take deliberative approaches to democracy, especially as put forward by John Rawls, as their point of departure. From there, they explore how students’ capacity for political and/or moral reasoning can be fostered. Recent work by political theorist Chantal Mouffe, however, questions some of the central tenets of deliberative conceptions of democracy. In the paper I first explain the central differences between Mouffe’s and Rawls’s conceptions of democracy and politics. To this end I take Eamonn Callan’s Creating Citizens as an example of Rawlsian political education and focus on the role of conflict and disagreement in his account. I then address three areas in which political education would need to change if it were to accept Mouffe’s critiques of deliberative approaches to democracy and her proposal for an agonistic public sphere. The first area is the education of political emotions; the second is fostering an understanding of the difference between the moral and the political; the third is developing an awareness of the historical and contemporary political projects of the “left” and “right.” I propose that a radical democratic citizenship education would be an education of political adversaries.

Africa and the prospects of deliberative democracy

Preoccupation with multiparty aggregative democracy in Africa has produced superficial forms of political/electoral choice-making by subjects that deepen pre-existing ethnic and primordial cleavages. This is because the principles of the multiparty system presuppose that decision-making through voting should be the result of a mere aggregation of pre-existing, fixed preferences. To this kind of decision-making, I propose deliberative democracy as a supplementary approach. My reason is that deliberation, beyond mere voting, should be central to decision- making and that, for a decision to be legitimate, it must be preceded by deliberation, not merely the aggregation of pre-existing fixed preferences. I agree with arguments that when adequate justifications are made for claims/demands/conclusions, deliber- ation has the potential to have a salutary effect on people's opinions, transform/ evolve preferences, better inform judgments/voting, lead to increasingly ‘common good’ decisions, have moral educative power, place more burden of account-giving on public officers, and furnish subjects/losers/outvoted with justifications for collec- tively binding decisions. I argue that a deliberative turn in politics in Africa will have a mitigating effect on tribal and money politics.     

The Political Egalitarian’s Dilemma

Political egalitarianism is at the core of most normative conceptions of democratic legitimacy. It finds its minimal expression in the “one person one vote” formula. In the literature on deliberative democracy, political equality is typically interpreted in a more demanding sense, but different interpretations of what political equality requires can be identified. In this paper I shall argue that the attempt to specify political equality in deliberative democracy is affected by a dilemma. I shall illustrate the political egalitarian’s dilemma by a hypothetical choice between two informational bases for political equality: Rawlsian primary goods and Amartya Sen’s capability approach. The political egalitarian’s dilemma reveals a clash between the requirement of ensuring equal possibilities to participate in the democratic process and the requirement of subjecting substantive judgments to deliberative evaluation. As such, the dilemma is a variant of the procedure vs. substance dilemma that is well-known in democratic theory. While it has sometimes been argued that deliberative democracy solves the tension between procedure and substance, the political egalitarian’s dilemma shows that this tension continues within deliberative democracy.

On the Prospects for Democratic Deliberation: Values Analysis Applied to AustralianPolitics

Democratic theorists increasingly stress that democratic legitimacy rests primarily on authentic deliberation. Critics of deliberative democracy believe that this hope is unrealistic—that deliberation either will prove intractable across political differences or will exacerbate instability. This paper deploys some tools of political psychology, notably Q methodology and values analysis, to investigate the conditions under which effective deliberation is likely to occur. These tools are applied to contemporary political debates in Australia, concerned with how the Australian polity should be constituted in light of a reform agenda underpinned by a discourse we term "Inclusive Republicanism." An investigation of the character of the basic value commitments associated with discursive positions in these debates shows that some differences will yield to deliberation, but others will not. When two discourses subscribe to different value bases, deliberation will induce reflection and facilitate positive-sum outcomes. When a discourse has a value base but finds its specific goals opposed by a competitor that otherwise has no value base of its own, deliberation will be ineffective. When one discourse subscribes to a value base that another questions, but without providing an alternative, deliberation can help to bridge idealism and cynicism.     

The Role of Advocacy in Civil Society

The concept of civil society has once again emerged as a viable mechanism for developing and sustaining deliberative democracy. However, an essential component of many strategies to sustain civil society appears lacking, especially when we see the growing cynicism and apathy among citizens. What is missing is a strategy for training or encouraging citizens to participate more fully in civil society. The skills of advocacy can, at least in part, help renew civic activism. Thus, the role of advocacy will be explored as a potential way to resuscitate civil society.     

Public Reason, Religious Restraint and Respect

In recent years liberals have had much to say about the kinds of reasons that citizens should offer one another when they engage in public political debates about existing or proposed laws. One of the more notable claims that has been made by a number of prominent liberals is that citizens should not rely on religious reasons alone when persuading one another to support or oppose a given law or policy. Unsurprisingly, this claim is rejected by many religious citizens, including those who are also committed to liberalism. In this paper I revisit that debate and ask whether liberal citizens have a moral obligation not to explain their support for existing or proposed laws on the basis of religious reasons alone. I suggest that for most (ordinary) citizens no such obligation exists and that individuals are entitled to explain their support for a specific law and to persuade others of the merits of that law on the basis of religious reasons alone (though there may be sound prudential reasons for not doing so). My argument is grounded in the claim that in most instances advocating laws on the basis of religious reasons alone is consistent with treating citizens with equal respect. However, I acknowledge an exception to that claim is to be found when using religious reasons to justify a law also implies that the state endorses those reasons. For this reason I argue that there is a moral obligation for some (publicly influential) citizens, and especially those who hold public office, to refrain from explaining their support for existing or proposed laws on the basis of religious reasons. I conclude by suggesting that this understanding of the role of religion in public political discourse and the obligations of liberal citizens is a better reflection of our experience of liberal citizenship than that given in some well-known accounts of liberalism.     

Deliberative Democracy and "Human Nature": An Empirical Approach

The idea of deliberative democracy is based upon an implicit and questionable assumption that the ability for a meaningful participation in deliberation is a common characteristic of citizens of democratic countries. This paper discusses that assumption and describes the results of empirical research aimed at finding out (1) whether ordinary people are able to solve important ideological and moral controversies by means of deliberation, (2) what factors may facilitate this process, and (3) what are the effects of the deliberation. The research consisted in studying 20 small groups of parents of school-aged children who were asked to participate in a debate about sex education in Polish schools (N  =  195). The debates were conducted by a facilitator. Before and after the debate participants filled out questionnaires testing their attitudes and some psychological variables. The debates were recorded on videotapes. We found that it is possible to conduct a debate on ideologically contentious issues that meets some criteria of the deliberative functioning and such a debate may have some of the effects postulated by deliberative theorists.     

THE DEONTOLOGICAL DEFENSE OF DEMOCRACY: AN ARGUMENT FROM GROUP RIGHTS

Abstract: Democracy is regularly heralded as the only form of government that treats political subjects as free and equal citizens. On closer examination, however, it becomes apparent that democracy unavoidably restricts individual freedom, and it is not the only way to treat all citizens equally. In light of these observations, we argue that the non-instrumental reasons to support democratic governance stem, not from considerations of individual freedom or equality, but instead from the importance of respecting group self-determination. If this is correct, it implies that a state may choose democracy, but its right to self-determination means that it is also free, in principle, to decide in favor of some nondemocratic alternative.     

The True Confessions of a White Rawlsian Liberal: An Argument for a Capacities Approach to Democratic Legitimacy

Abstract

This paper takes as its point of departure the constitutional talks in South Africa in the early 1990’s. I suggest that liberal rather than democratic values held a particular attraction to South African political philosophers like me. Taking the example of Rawlsian liberalism, I show how liberalism locates the normative anchors of legitimacy outside the democratic process and is content with a weak interpretation of political equality. As an alternative I sketch a capacities approach to democratic legitimacy drawing on the work of Sen and Nussbaum. In particular I argue that the capacity to participate in democratic practices is what grounds and legitimizes principles of democratic justice agreed to by citizens. I conclude by suggesting that South Africa’s democracy would have been stronger if the state had attended to the capacities of citizens to participate in the democratic process.