The Law Of Deliberative Democracy

Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.

The contributions in this anthology address tensions that arise between reason and politics in a democracy inspired by the ideal of achieving reasoned agreement among free and equal citizens.

Drawing on political, legal, national, post-national, as well as American and European perspectives, this collection of essays offers a diverse and balanced discussion of the current arguments concerning deliberative democracy. Its contributions' focus on discontent, provide a critical assessment of the benefits of deliberation and also respond to the strongest criticisms of the idea of democratic deliberation. The essays consider the three basic questions of why, how and where to deliberate democratically. This book will be of value not only to political and democratic theorists, but also to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and post-national pluralistic polities.

This volume assesses the strengths and weaknesses of deliberative democracy.

Today, deliberative democracy is the most widely discussed theory of democracy. Its proponents argue that important decisions of law and policy should ideally turn not on the force of numbers but on the force of the better argument. However, it continues to strike some as little more than wishful thinking. In this new book, Ian O’Flynn examines how the concept has developed over recent decades, the family disagreements which have emerged, and the criticisms that have been levelled at it. Grappling with the familiar charge that ordinary people lack the motivation and capacity for meaningful deliberation, O’Flynn considers the example of deliberative polls and citizens’ assemblies and critically assesses how such forums can fit within a broader democratic system. He then considers the implications of deliberative democracy for multicultural and multi-ethnic societies before turning to the prospects for the most ambitious deliberative project of all: global deliberative democracy. This book will be essential reading for students and scholars of democratic theory, as well as anyone who is curious about the prospects for more rational decision-making in an age of populist passion.

Deliberative democracy is the darling of democratic theory and political theory more generally, and generates international interest. In this book, a number of leading democratic theorists address the key issues that surround the theory and practice of deliberative democracy. They outline the problems faced by deliberative democracy in the context of the available empirical evidence, survey potential solutions and put forward new and innovative ideas to resolve these issues.

Deliberative democracy has been one of the main games in contemporary political theory for two decades, growing enormously in size and importance in political science and many other disciplines. The Oxford Handbook of Deliberative Democracy takes stock of deliberative democracy as a research field, in philosophy, in various research programmes in the social sciences and law, and in political practice around the globe. It provides a concise history of deliberative ideals in political thought and discusses their philosophical origins. The Handbook locates deliberation in political systems with different spaces, publics, and venues, including parliaments, courts, governance networks, protests, mini-publics, old and new media, and everyday talk. It engages with practical applications, mapping deliberation as a reform movement and as a device for conflict resolution, documenting the practice and study of deliberative democracy around the world and in global governance.

Deliberative democracy is a dominant paradigm in normative political philosophy. Deliberative democrats want politics to be more than a clash of contending interests, and they believe political decisions should emerge from reasoned dialogue among citizens. But can these ideals be realized in complex and unjust societies? This book brings together leading scholars who explore debates in deliberative democratic theory in four areas of practice: education, constitutions and state boundaries, indigenous-settler relations, and citizen participation and public consultation. This dynamic volume casts new light on the strengths and limitations of deliberative democratic theory, offering guidance to policy makers and to students and scholars interested in democratic justice.