European L aw Journal, Vol. 3, N o. 4, December 1997, pp. 313–342
© Blackwell Publishers Ltd. 1997, 108 Cowley Road, Oxford OX4 1JF, U K
and 350 M ain Street, M alden, M A 02148, U SA
Directly-Deliberative Polyarchy
Joshua Cohen and Charles S abel*
Abstract: T his essay by Joshua Cohen and Charles S abel promotes visions of
democracy, constitutionalism and institutional innovations which may help to open up
new dimensions in the search for legitimate European governance structures and their
constitutionalisation. Faced with Europe’s legitimacy problems, proponents of the
European project often react by pointing to the many institutional failings in the
( national) constitutional state. T hese reactions, however, seem simplistic, offering no
normatively convincing alternatives to the once undisputed legitimacy of a now eroding
nation state. T he essay by Cohen and S abel forecloses such strategies. S ummarising
and endorsing critiques of both the unfettered market system and the manner of its
regulatory and political correction, it concludes that the many efforts to establish new
equilibria between well-functioning markets and well-ordered political institutions are
doomed to fail, and opts instead for fundamental change: conservative in their strict
defence of fundamental democratic ideals, such ideas are radical in their search for
new institutional arrangements which bring democratic values directly to bear. H ow is
the concept of directly-deliberative polyarchy complementary to and reconcilable with
our notions of democratic constiutionalism? To this question the readers of the essay
will find many fascinating answers. Equally, however, how might the debate on the
normative and practical dilemmas of the European system of governance profit from
these deliberations? W hich European problem might be resolved with the aid of the
emerging and new direct forms of democracy identified in this essay? H ow might direct
democracy interact with the intergovernmentalist and the functionalist elements of the
EU system? A lthough this essay contains no certain answers to these European
questions, its challenging messages will be understood in European debates.
I
Introduction
In this essay we defend a form of democracy that we will call ‘directly-deliberative
polyarchy.’ We argue that it is an attractive kind of radical, participatory democracy
with problem-solving capacities useful under current conditions and unavailable to
representative systems. In directly-deliberative polyarchy, collective decisions are made
through public deliberation in arenas open to citizens who use public services, or who
* Joshua Cohen is Professor of Philosophy and Arthur and Ruth Sloan Professor of Political Science at
M IT; Charles Sabel is Professor of Law and Social Science at Columbia U niversity Law School. We
presented earlier versions of this essay at the U niversity of Lausanne, European U niversity Institute, and
U niversity of Chicago. We thank participants for instructive comments. We also wish to thank Frank
M ichelman, N orman D aniels, M ichael D orf, M ark Barenberg, and Sam Bowles for helpful criticisms and
suggestions.
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are otherwise regulated by public decisions. But in deciding, those citizens must
examine their own choices in the light of the relevant deliberations and experiences of
others facing similar problems in comparable jurisdictions or subdivisions of
government. Ideally, then, directly-deliberative polyarchy combines the advantages of
local learning and self-government with the advantages (and discipline) of wider social
learning and heightened political accountability that result when the outcomes of
many concurrent experiments are pooled to permit public scrutiny of the effectiveness
of strategies and leaders.
One starting point for our argument is a commonplace of contemporary political
debate: that current economic and political institutions are not solving problems they
are supposed to solve, in areas of employment, economic growth, income security,
education, training, environmental regulation, poverty, housing, social service delivery,
or even basic personal safety. A second point of departure is the intrinsic appeal of
collective decision-making that proceeds through direct participation by and reasongiving between and among free and equal citizens. D irectly-deliberative polyarchy is
the natural consequence of both beginnings: desirable both in itself and as a problemsolver. That is what we hope to show, or at least make plausible.
But obstacles lie along both paths. H owever commonplace the recognition of
institutional failures in problem-solving, the conventional categories used to explain
those failures and defend strategies of repair obscure important developments that
suggest the plausibility of a directly-deliberative alternative. M oreover, gestures at
radical democracy invite sceptical observations about the ‘dark side’ of localism, or
the scarcity of evenings. And the force of such observations will only be deepened by
adding improbable claims about the problem-solving powers of participatory selfgovernment in vast, heterogeneous societies. To take the chill of manifest implausibility from our project, therefore, we start by discussing the limits of current debate as
revealed in the promising developments it overlooks (or misrepresents), and specifying
the criticisms of radical democracy to which we must respond if we are to offer more
than a consoling prospect for democrats in hard times.1
Consider first the conventional interpretations of institutional failure, and the
projects of reconstruction associated with them. On one interpretation, these failures
reveal the limits of state regulation and suggest possibilities for a more comprehensive
commodification of social life that will finally lift the political fetters from the free
exchange of individuals. To fulfil this promise, we need only remove the detritus of
twentieth century political failure. And that means constraining government from
doing anything wrong by constraining it from doing much at all: by fracturing
political power both vertically and horizontally, setting stricter constitutional limits on
government, and interpreting the rule of law as a law of rigid rules.2
1
2
For background on diagnosis and remedies, cf, J. Cohen/J. Rogers, A ssociations and Democracy (Verso
1995) especially the concluding chapter; Cohen, ‘Procedure and Substance in D eliberative D emocracy,’ in
S. Benhabib (ed) Democracy and Difference: Contesting the Boundaries of the Political (Princeton U P,
1996), at, 95–119; and Sabel, ‘Learning By M onitoring: The Institutions of Economic D evelopment,’ in
N. Smelser/R . Swedberg (eds), H andbook of Economic S ociology (Russell Sage/Princeton U P 1995). For a
companion essay on the constitutional and institutional implications of directly-deliberative polyarchy, cf,
D orf/Sabel, ‘The Constitution of D emocratic Experimentalism,’ Columbia L aw Review, forthcoming.
Cf, F. H ayek, T he Constitution of L iberty (Chicago U P, 1960); J. Buchanan, The L imits of L iberty
(Chicago U P 1975), Scala ‘The Rule of Law is a Law of Rules,’ U.Chig.L .R ev.; W. R iker, L iberalism
A gainst Populism (Freeman 1982); R iker/Weingast, ‘Constitutional Regulation of Legislative Choice: The
Political Consequences of Judicial D eference to Legislatures,’ (1988) 74:2 Virginia L aw Review 373–401.
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Directly-Deliberative Polyarchy
A counter-interpretation sees comprehensive commodification as a threat to
political arrangements carefully crafted earlier in this century to provide goods
collectively that will not be provided individually, protect the weak from the strong,
and ensure that our destinies in life are not determined by the vicissitudes of market
success. The correlative political project is to protect the increasingly fugitive state
from attack, and hope that a turn in the political cycle will restore public confidence in
collective political action.3
Yet a third interpretation condemns the false dichotomy of state and market. Wellfunctioning markets and well-ordered political institutions can, it observes, be mutually reinforcing. Both, however, require prior bonds of trust that can be undermined,
but not created or sustained, by self-interested market exchange or selfishly exercised
political influence. Those bonds depend, rather, on protecting family, church, and
voluntary association – the pre-contractual, pre-political background responsible for
accumulating the social capital we need to preserve our economic and political
artifice. 4 But because such social solidarities are understood as anterior to both
economy and state – preconditions for the proper functioning of both (on any
conception of such proper functioning) – the implications of such rebuilding for
economic or political institutions are entirely indeterminate.
We are sceptical about these contending diagnoses and remedies. A number of
emergent solutions to problems as varied as public safety and public education seem
not to result from either a shift in the balance between ‘state’ and ‘market’ forms of
coordination, or a shift in the balance between these taken together and civil society.
Instead of the state’s retreat or the market’s resurgence, or even the transfer of
functions from government to non-governmental organisations, secondary associations, civil society more broadly, or some other third something alongside state and
market, these phenomena suggest a set of changes that disrupt those categories, the
social-political boundaries they express, and the associated idea that an effective polity
is one that balances responsibilities optimally among the arrangements that fall within
those boundaries.
Consider, for example, community policing: a strategy for enhancing public security
that features a return of police officers to particular beats, regular discussions between
them and organised bodies in the communities they are policing, and regular
coordination between those bodies and agencies providing other services that bear on
controlling crime.5 Or consider forms of school decentralisation that – while shrinking
school size and permitting parents to choose schools – also replace close controls by
central bureaucracies with governance mechanisms in which teachers and parents play
3
4
5
Cf, R . Kuttner, Everything for S ale: T he Virtues and L imits of M arkets (K nopf, 1997).
Cf, R . Putnam, Democracy and the Civic Community: Tradition and Change in an Italian Ex periment
(Princeton U P 1992); Putnam, ‘Bowling Alone: D emocracy in America at the End of the Twentieth
Century’ (1995) 1 Journal of Democracy 35. Sandel’s remarks on a new public philosophy mix the
sociological anxiety characteristic of much communitarianism with concerns about the political economy
of citizenship that are closer to our own focus on new arrangements of democratic governance; M .
Sandel, Democracy’s Discontent: A merica in S earch of a Public Philosophy (H arvard U P) 324–328.
The Chicago experiment in community policing – the Chicago Alternative Policing Strategy (CAPS) –
involves assignments of police officers to single beats (30 square block areas) for an entire year;
neighbourhood-based organisations called ‘problem solving groups’ that work in partnership with police
in each beat; and open meetings with community and police each month. The emphasis on community
participation distinguishes the Chicago scheme from other strategies that share the label ‘community
policing.’ Cf, F ung, ‘Street Level D emocracy,’ typescript, Chicago, 1997.
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a central role. Or arrangements for local and regional economic development, that
include strong components of training and service provision, and whose governance
includes local community interests, service providers, representatives of more encompassing organisations, as well as local representatives of regional or national government. Or, closely related to these arrangements, consider firm-supplier relations that
transcend episodic exchange to establish long-term collaboration coordinated through
regular discussions, disciplined by reference to officially recognised standards – which
standards themselves commonly emerge in regular discussions between and among
groups of firms and suppliers, and may include public research, technical assistance, or
training facilities as well.6
These new arrangements suggest troubles for the standard categories of analysis
and remedy. The arrangements are not conventionally public because, in solving
problems, they operate autonomously from the dictates of legislatures or public
agencies; they are not conventionally private in that they do exercise problem-solving
powers, and their governance works through discussion among citizens rather than the
assignment of ownership rights. At the same time, they do not presuppose a
successful, densely-organised, trust-inspiring network of associations. Indeed, they
often emerge precisely against a background of associative distress. N or are these new
arrangements mere intellectual curiosities. They are attractive because they appear to
foster two fundamental democratic values – deliberation and direct citizen participation – while potentially offering advantages as problem-solvers that programmes
conceived within the limits of conventional representative democracies do not. Indeed,
if the same properties make them both democratically and pragmatically attractive, we
would have a compelling case for the novel form of public governance that we call
directly-deliberative polyarchy.
Because these new governance arrangements resonate so strongly with the (often
implicit) programmatic suggestions associated with radical democratic criticisms of
the modern state, a straightforward and appealing generalisation of them seems at
hand. Congenitally hostile to the market inequalities and economic subordination, but
always suspicious of an overweening state as the best defence against them, radical
democracy emphasised the deficiencies of centralised power, the virtues of decentralisation, the expressive and instrumental values of participation, and the values of citizen
discussion both as an intrinsically attractive form of politics and as a good method of
problem-solving.7
But evoking the core features of the radical democratic tradition – its emphasis on
direct participation and deliberation – immediately suggests three lines of criticism.
F irst, that in a large scale political system widespread participation in decision-making
is organisationally or administratively impossible, so the ideal of radical democracy is
vacuous. Second, if participation could be ensured, the mutual reason-giving that
constitutes deliberation depends on a higher degree of homogeneity among citizens
than can reasonably be assumed in a large-scale, pluralistic democracy. And third,
direct decision-making requires a localism incompatible with the constitutional
safeguards needed to ensure equal treatment for citizens.
6
7
Cf, for discussion, C. Sabel, L ocal Development in Ireland: Partnership, Innovation, and S ocial Justice
(OECD, 1996); idem, ‘M ilwaukee Jobs Initiative Consortia Employment Project D escription,’ typescript,
N ew York, 1996.
Cf, for example, H . Arendt, On R evolution (Penguin 1973); (translator: William Rehg) J. H abermas,
Between Facts and N orms (M IT Press 1996); we discuss our differences with H abermas and Arendt in
section V.
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Directly-Deliberative Polyarchy
H ere, the threads of our argument come together: guided by the experience of
emerging problem-solving institutions and mindful of the values associated with
radical democracy, our aim is to sketch the alternative social-political world of
directly-deliberative polyarchy in sufficient detail to meet these objections. We start (II)
by presenting an account of the ideal of democracy and explaining why the properties
of directness and deliberativeness make highly participatory forms of direct democracy especially compelling realisations of that ideal. To be sure, the classical
institutions of direct, assembly democracy are unavailable as realisations of directness
and deliberativeness. But by separating those properties from their familiar institutional expressions, we suggest that they might still guide current institutional reform.
In section III, we describe the current practical impasse in problem-solving, and
propose that the roots of that impasse lie in part in the mismatch between current
arrangements of constitutional democracy and fundamental properties of unsolved
problems. In section IV, we describe the new form of state that would result from the
generalisation of deliberative problem-solving arrangements and foster their successful
operation. We conclude with some reflections on the idea of the public, indicating
contrasts with the radical-democratic views of H abermas and Arendt.
Our approach is conjectural. We are guided by political values, a view of current
failures, and some hunches about promising developments. But our aim is neither to
articulate a set of normative principles and deduce institutional conclusions from
them, nor to predict the course of current institutional evolution. Still less is it to
explain fully the causes of the failures of representative democracy or the origins of the
new arrangements. Instead, we take the very existence of these arrangements as a sign
of the insufficiency of theories that would explain what democracy can do, and try to
imagine what democracy could be from the vantage point of the possibilities suggested
by their presence.
II
What’s Good About Democracy?
D emocracy is a political ideal that applies in the first instance to arrangements for
making binding collective decisions. 8 G enerally speaking, such arrangements are
democratic just in case they ensure that the authorisation to exercise public power –
and that exercise itself – arises from collective decisions by the citizens over whom that
power is exercised.
The ideal of democracy comes in several variants, which are associated with
different interpretations of ‘authorisation’ and ‘collective decision.’ Our principal aim
in this section is to sketch and defend a directly-deliberative interpretation of the
democratic ideal. We begin by exploring the virtues associated with democracy quite
generally, and then consider the special advantages of directly-deliberative as against
representative-aggregative democracy. We conclude by returning to the conventional
criticisms of directly-deliberative democracy, thus setting the stage for our later efforts
to describe a form of radical democracy that can answer these criticisms.
Before pursuing these competing interpretations, however, we want to clarify the
relationship between those democratic ideals and conventional institutions of electoral
democracy. Following Robert D ahl, we use the term ‘polyarchy’ to cover political
8
The ideal of democracy also has considerable force for organisations whose collective decisions are not
binding. But the rationale for democratic decision-making is most compelling in the case of binding
collective choices: that is, when members of the collectivity are expected to regulate their own conduct in
accordance with its decisions.
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systems in which virtually all adults have rights of suffrage, political expression,
association, and office-holding, as well as access to diverse sources of information; in
which elected officials control public policy; and citizens choose those officials through
free and fair elections.9 Continuing to follow D ahl (and subsequent writers), we note
that polyarchy has considerable value, both for its intrinsic fairness and instrumental
success in keeping the peace and protecting certain basic rights. It is not of value
simply because it establishes the conditions required for achieving some greater ideal.
F urthermore, under the modern circumstances of political scale and social pluralism,
polyarchal institutions are necessary for realising fully an ideal of democracy, however
that ideal is specified. Though polyarchies can be more or less democratic, making
them more so does not require negating, sublating, or otherwise transcending the
political institutions definitive of polyarchy. This said, however, polyarchy is
insufficient for full democracy – or full political equality – because, for example, it is
compatible with inequalities in opportunities for effective political influence that
would be condemned by any plausible statement of the ideal.
Building on these three considerations, then, we use the term ‘directly-deliberative
polyarchy’ for a form of polyarchy distinguished by the presence of a substantial
degree of directly-deliberative problem-solving. (As we will see later, this presence
transforms the role and functioning of conventional polyarchic institutions.) And we
use the term ‘directly-deliberative democracy’ for our account of the democratic ideal:
fully democratic arrangements that feature a substantial degree of directly-deliberative
problem-solving. D irectly-deliberative polyarchies, then, more closely approximate the
ideal of directly-deliberative democracy than existing forms of polyarchy do, but – like
polyarchies sans phrase – need not have the entire range of qualities necessary for full
democracy.
A
T hree Virtues
Consider an ideal society whose members are free and equal and treat one another as
such. Very roughly, they are equal in that they all have, to a minimally sufficient
degree, a set of capacities whose possession makes persons free.10 These freedommaking capacities include: the capacity to regulate their conduct by reference to a
conception of justice and set of ends with which they identify, to use practical reason
to bring both to bear on individual and collective conduct, to reflect on the plausibility of both, and to adjust their aims to the requirements of justice. Though actual
societies do not fully achieve this social ideal, modern democracies impute these
capacities to their citizens and arguably aspire to the ideal. Assume now that the
association needs to make binding collective decisions. Why should a free association
of equals make such decisions democratically?11
Recall that democracies, abstractly conceived, are systems in which decisions to
exercise collective power are made in institutions that treat those subject to such power
9 Cf,
10
11
Democracy and Its Critics (Yale U P 1989), 221–22.
Locke says that people are naturally equal in that all have the natural right to freedom. Cf (edited by
Peter Laslett) S econd T reatise (Cambridge U P, 1988), §4. For related discussion, J. Rawls, Political
L iberalism (Columbia U P 1993), Chapters 6 and 7, I:3, I:5; Ch. Beitz, Political Equality (Princeton U P
1989), Chapter 5.
In addressing the question for this case, we do not mean to suggest that democracy is important only
when these background assumptions are in place, but that the answer for different cases will vary, and
that important considerations are likely to get lost if we confine attention to answering the more general
question.
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Directly-Deliberative Polyarchy
as its ultimate authors. To that end, democracies need at least to satisfy the conditions
of polyarchy – to protect constitutive liberties of participation, association, and political
expression, establish direct or indirect electoral control of public policy, and ensure
adequate information. That said, the reasons for democratic authorisation divide
naturally into goods intrinsic to the process and goods that arguably result from it.12
F irst, democratic arrangements have the intrinsic virtue of treating those who are
subject to binding collective decisions with respect, as free and equal: ‘the person of the
humblest citizen is as sacred and inviolable as that of the first magistrate.’13 Thus, the
judgements of citizens, who are expected to govern their conduct in accordance with
collective decisions, are treated by the processes of collective decision as equally
authoritative. Though decisions will rarely, if ever, be unanimous, no one’s judgement of
the proper rules of cooperation is treated as having greater weight. G iven the background conception of citizens as free and equal, any assignment of differential weights
to the views of different citizens is a form of disrespect (unless it can be provided with a
suitable justification). 14 F urthermore, the protection of the basic expressive and
associative liberties establishes favourable conditions for reflecting on the plausibility of
alternative views about justice, and on which ends are worth pursuing. And the
assurance of adequate and diverse information contributes to the exercise of practical
reason, in working out the implications of conceptions of justice and of suitable ends.
Second, democratic arrangements are instrumentally important: they help protect
the basic rights of citizens and advance their interests, as defined by the ends and
projects with which they identify. Thus, democracies provide mechanisms for regular,
popular authorisation of exercises of public power: in representative democracies that
means (at a minimum) regular elections of legislators; in a direct democracy it means
regular opportunities to review past decisions and evaluate the performance of
officials responsible for implementing those decisions. Such regular renewal serves to
make the exercise of collective power accountable to the governed in the formal sense
that the governed can impose sanctions of removal from office on government. M ore
fundamentally, an accountable system for the exercise of collective power, in which
citizens are treated as equals, arguably helps ensure peaceful transitions of power,
restrain the exercise of power by protecting majorities from minority rule, avoid at
least some egregious violations of minority rights, and foster greater responsiveness of
government to the governed.15
12
A common rationale for democracy is that it treats people as equals by giving equal consideration to their
interests. Cf, R . D ahl, Democracy and Its Critics (Yale U P 1989); Th. Christiano, T he R ule of the M any
(Westview 1996). We avoid this rationale because the idea of equal consideration of interests is
normatively implausible in as much as it may conflict with the equal consideration owed to persons.
13 S ocial Contract, 3.14.
14 In the case of the U S Senate, for example, votes are of unequal weight because the political system relies
on a scheme of territorial representation in which districts (in this case states) correspond to political
subdivisions: in this case, the inequality seems less objectionable because it can be provided with a
rationale that does not offend against the requirement of treating members as equals.
15 Such instrumental considerations played an important role in the U.S. Supreme Court’s classic apportionment decisions, which urged that the same instrumental reasons supporting universal political rights also
support equally weighted votes. Thus, in Gray v S anders: ‘N o right is more precious in a free country than
that of having a voice in the election of those who make the laws under which, as good citizens, we must
live. Other rights, even the most basic, are illusory if the right to vote is undermined.’ Cited in Reynolds 377
U S 533, at 558. Or in Reynolds v S ims itself: ‘Especially since the right to exercise the franchise in a free
and unimpaired manner is preservative of other basic civil and political rights, any alleged infringement of
the right of citizens to vote must be carefully and meticulously scrutinised.’ Reynolds, at 562.
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Both arguments – intrinsic and instrumental – are strengthened when we consider,
third, the educative aspects of democracy. Thus, by establishing the position of equal
citizen, with associated entitlements to participate in determining the terms of
association, democratic arrangements not only respect but also provide instruction in
fundamental political values – in particular, the value of equality itself, and the
conception of citizens as free and equal. By participating, citizens acquire political
ideas in the light of which democracy itself is justified. F urthermore, by opening
debate to all, and addressing problems through public discussion – rather than
through market exchange or bureaucratic command – democracy not only assumes
adequate information, but helps to ensure it. D emocracy provides a way to pool
dispersed information relevant to problem-solving, and explore the range of possible
solutions to practical problems: in short, a framework for collective learning. As
Rawls puts it, within a democracy: ‘D iscussion is a way of combining information and
enlarging the range of arguments. At least in the course of time, the effects of common
deliberation seem bound to improve matters.’16
B
Two Dimensions of Democracy
We said that political institutions are democratic just in case they link the authorisation to exercise public power – and that exercise itself – to collective decisions of
citizens, understood as free and equal. There are, of course, very different ways to
interpret this abstract ideal of democracy, corresponding to different interpretations of
the notions of collective and authorisation.
D emocratic collective decision-making can be either aggregative or deliberative,
depending on how we interpret the requirement that collective decisions treat citizens
as equals. U nderstood aggregatively, a democratic decision is collective just in case the
procedure gives equal consideration to the interests of each person: it treats people as
equals by giving their interests equal weight in making a binding decision. Conventional rationales for majority-rule as a method of collective decision rest on the idea
that it gives direct expression to this requirement of equal consideration.17
U nderstood deliberatively, democratic decisions are collective just in case they
proceed on the basis of free public reasoning among equals: interests unsupported by
considerations that convince others carry no weight. Put otherwise, in deliberative
decision-making, decisions are to be supported by reasons acceptable to others in the
polity of decision-makers; the mere fact that decisions are supported by a majority of
citizens, deciding on the basis of their interests, does not suffice to show that the
decisions are democratically authorised. On the deliberative interpretation, then,
democracy is a framework of social and institutional conditions that both facilitates
free discussion among equal citizens by providing favourable conditions for
expression, association, discussion, and ties the authorisation to exercise public power
– and the exercise itself – to such discussion, by establishing a framework ensuring the
responsiveness and accountability of political power to it.
To be sure, discussion may not – and often does not – issue in agreement. So even in
a deliberative democracy, collective decisions must often be made through voting,
16
17
T heory of Justice (OU P 1972) 359.
According to an epistemic conception of majority rule, the rationale is that decisions supported by a
majority are more likely to be right, not simply that the process visibly assigns equal weight to the
interests of each.
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Directly-Deliberative Polyarchy
under some form of majority rule. But it might be argued that if collective decisionmaking concludes in a vote, then participants – anticipating that final stage – will not
have any incentive to deliberate earlier on, and instead will simply seek allies for their
position. Though we cannot resolve the issue here, this outcome hardly seems
necessary. Even if all parties know that, at the end of the day, heads may be counted,
they still may accept the importance of finding considerations that others acknowledge
as reasons: they only need accept that something other than a resolution that advances
their antecedent interests matters to them. They may, for example, believe that reasongiving is an important expression of respect, or that deliberation sometimes yields
solutions that could not have been achieved if discussion were purely strategic. If they
do, they will be willing to deliberate in the stages leading up to the vote. In short, the
objection supposes that, once voting is in prospect, interaction must turn strategic.
But this view is no more than plausible than the claim that moral advantages and
possible mutual gains from deliberation eliminate all strategic manoeuvring.
As to authorisation to make collective decisions, we have again two distinct
understandings: in representative democracy, popular authorisation proceeds through
a choice by citizens of representatives who decide on content of public decisions.
Citizens vote as individuals for persons who will participate in making binding
collective choices in an aggregative or deliberative legislature. In direct democracy,
citizens authorise public action by deciding on the substance of public policy. Again,
those direct decisions can be made either aggregatively, as some argue is true in
referenda, because of their yes/no structure,18 or deliberatively, as in an idealised town
meeting, in which decisions on policy take place after debate on the merits. The
essential distinction between direct and representative is not the level of participation,
but the topic on the agenda: direct democracy requires decisions on substance, whereas
representative democracy involves choice on legislators who decide on substance.19
C
Deliberative-Direct
Forms of democracy that are deliberative-direct seem especially attractive in view of
the three reasons for endorsing a democracy as a way to make binding collective
decisions. While those reasons support democracy generally, they provide especially
strong support for a deliberative-direct democracy.
Consider, for example, the idea that democratic procedures are desirable because
they treat citizens with respect, as free and equal. The deliberative conception offers a
particularly forceful rendering of this condition. Suppose all participants support their
views with considerations that others regard as relevant and appropriate. N evertheless,
because of differences in views about the weight of those considerations, there is
disagreement about the right outcome. Still, the minority can scarcely contest the
fundamental legitimacy of the decision. After all, not only the procedures but the
18
Cf, M . Weber, ‘Parliament and G overnment in a Reconstructed G ermany,’ in (edited by G uenther Roth
and Claus Wittich), Economy and S ociety, Vol 3 (Bedminster 1968), 1455; Bell, ‘The Referendum:
D emocracy’s Barrier to Racial Equality,’ (1978) 54:1 W ashington L aw R ev. 1–29; Papadopolous, ‘A
Framework for Analysis of F unctions and D ysfunctions of D irect D emocracy: Top-D own and BottomU p Perspectives,’ (1995) 23:4 Politics and S ociety 421–48.
19 Complexities arise when we think of systems with strong parties with well-defined policy positions and
ways of disciplining members who depart from those positions. Such systems have a direct aspect. But we
abstract from these subtleties here.
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arguments themselves treat each as well as they can reasonably demand.20 Thus the
deliberative conception of collective decision extends the idea of treating people with
respect from rights and procedures to justifications themselves. A similarly strong case
can be made for directly-deliberative decision-making on the basis of the arguments
about instrumental benefits and learning. But we postpone consideration of these until
we have said more about the operations of directly-deliberative polyarchy.
D espite these virtues as an expression of democratic values, radical democracy – a
system with high degrees of directness and deliberativeness – is subject, we noted
earlier, to a series of closely related criticisms: that under modern conditions of
political scale, it is not feasible, except as local pockets of direct citizen engagement;
that even within those pockets – and certainly as scale increases – cultural heterogeneity thwarts the mutual reason-giving that defines public deliberation; and that the
localism characteristic of radical-democratic schemes leaves local minorities at the
mercy of their locality.
The starting point of these criticisms is the identification of radical democracy with
direct assembly democracy, and especially with the G reek polis as both the ideal and
practical inspiration for modern critics of centralised, representative democracy. In a
direct assembly democracy, legislative power – and the power to review conduct of all
officials – is vested in a body which all citizens may attend. In the case of the Athenian
ecclesia, that often meant meetings of 5,000 (with women and slaves excluded from
participation). In the polis, the unit of collective decision-making was small, and the
members homogeneous in general outlook and sufficiently disconnected from
banausic activities (because sufficiently secure in their social and economic positions)
to devote their passions and energies to common affairs. If the combination of directness and deliberativeness can only be achieved under these conditions, then the
conventional criticisms of radical democracy are individually damaging and collectively overwhelming.
To vindicate the virtues of deliberativeness and directness, then, we must distinguish
these values themselves from familiar ways of institutionalising them – for example,
citizen assemblies, or such modern analogies as workers’ councils or economic
parliaments – and then describe a modern set of arrangements of collective decisionmaking suited to these values and to modern conditions of scale and heterogeneity. To
guide this elaboration of a workable direct and deliberative alternative to assembly
democracy we need first to establish criteria for ‘workable’ democratic solutions by
characterising the problems democracies now face and the limits of representative,
aggregative arrangements in addressing them.
III
Diagnosis of Current Problems
Conventional explanations of current institutional failure range, we said earlier, from
too much state (and associated rent-seeking), to too much market (private control of
investment under conditions of globalisation), to many civic deficits (decline of trustbuilding associations). And we indicated, too, that emergent problem-solving
institutions suggest the limits of those explanations. But what could an alternative be?
Our own proposal is that existing forms of constitutional democracy – and the
associated boundaries between state, market, and civil society that inspire the limited
20
It is not reasonable to demand to win: assuming disagreement, any decision will be opposed by some
people.
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categories of current debate – block democratic and effective strategies of problemsolving in the current environment: where existing political institutions favour uniform
solutions throughout a territory, the problems require locally specific ones; moreover,
the environment is volatile, so the terms of those local solutions are themselves
unstable. In short, because of high diversity and volatility, important problem-solving
possibilities are not being exploited by existing institutions. To the extent that this is so
– to be sure, it is not the whole story – the problems of modern democracy arise quite
apart from the clash of antagonistic interests or any guileful exploitation by
individuals of blockages created by constitutional arrangements: they are (in the
game-theoretic sense) problems of failed coordination, in which mutual gains are
available, but different parties are unable to come to terms in a way that captures those
gains. If the right arrangements of collective choice were in place, the parties could
come to terms on one of the available alternatives. In contrast, recognition of the
mismatch between solutions and available structures of decision-making leads, by
itself, to paralysis, as it reasonably suggests that it is better to do nothing than
something that will almost certainly fail.
Put another way, we assume that for some substantial range of current problems,
citizens agree sufficiently about the urgency of the problems and the broad desiderata
on solutions that, had they the means to translate this general agreement into a more
concrete, practical program, would improve their common situation, and possibly
discover further arenas of cooperation. This is not to make the foolish claim that
everyone endorses the same ranking of solutions, only that they prefer a wide range of
alternatives to the status quo. N o surprise, then, that the new problem-solving
institutions have begun to emerge just in those areas – public safety, public education,
economic restructuring – where established institutions have most conspicuously
broken down, and the problems are agreed to be urgent. For breakdown opens space
for new initiatives, and where, as we are assuming, actors are urgently motivated to
look for a solution and prefer many alternatives to the status quo, that space is likely
to be occupied.
But even in thus qualifying the extent of agreement, we may still be accused of an
extravagant confidence in consensus. In its stronger form, this accusation rejects the
idea of deliberative problem-solving altogether by criticising the assumptions about
consensus on which it depends. It asserts that the fundamental problem of politics is
the pervasiveness of deep disagreement, the consequent fragility of political order, and
the immanence of its disintegration into violence. So any assumptions about
agreement – and not simply the set just noted – miss the point.21 The criticism is right
in recognising disastrous possibilities, but wrong in the lessons it draws from them.
Assume the setting of a consolidated polyarchy: one in which there is no organised
alternative to democracy, in which democracy is ‘the only game in town.’22 And
assume – as is suggested by such consolidation – that citizens, who know that they
disagree on moral, religious, and political issues, nevertheless accept the importance of
conducting political argument on common ground. Those assumptions suffice to
make deliberative politics possible.
21
Cf, for example, C. Schmitt, T he Concept of the Political (Chicago U P 1995); Przeworski, ‘M inimalist
Conception of D emocracy: A D efence,’ typescript 1996 available from the authors.
22 On the idea of consolidation, cf, Alfred Stepan and Juan Linz, “Toward Consolidated D emocracies,”
(1996) 7:2 Journal of Democracy 14–33. For doubts about the importance of consolidation, cf. Adam
Przeworski, “What M akes D emocracies Endure?,” (1996) 7:1 Journal of Democracy 39–55. But note that
Przeworski, et al, do not consider the importance of consolidation, as characterized in the text.
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In its more limited form, the objection is straightforwardly empirical: we assert and
the critic denies that there is currently substantial agreement on a list of public
problems and on desiderata as to their solution. We point to the diffusion of new
problem-solving arrangements; the critic points to congressional gridlock; we think
our diagnosis explains the gridlock; the critic thinks that the new arrangements are too
marginal to require explanation. We do not propose to adjudicate this disagreement
here, but only to reconfirm that our proposal, like all others, has its empirical
commitments.
To return to the diagnosis: at the root of this mismatch between problems and
problem-solving institutions is, we assume further, a fundamental and familiar
characteristic of contemporary political problems: diversity. A commonplace of
discussion of regulation and administration is that rules and services aimed at
achieving any broad end – protection of the environment or training for economic
activity – must be tailored to (constantly changing) local circumstances to be effective.
M oreover, because the pursuit of such ends often requires the integration of many
means – a regime of incentives and fines may have to be combined with monitoring
and clean-up programmes as well as research and development efforts to achieve
acceptable levels of environmental protection – local combination of locally specific
solutions are required as well.
But fundamental considerations of democracy apparently favour, if they do not
mandate, uniform solutions. Thus a basic democratic idea is that citizens are to be
treated as equals, which might be thought to imply that state regulations are to be cast
in the form of general rules. Why constrain the free play of interest through
aggregation or deliberation only to allow the powerful to favour themselves by writing
laws that accord them benefits directly? It might be thought, too, to imply a
requirement of precision or lack of ambiguity in those regulations. For why prevent
directly self-serving regulations, but then permit indirect self-service through
exploiting vagueness at the stage of interpretation and application of laws?
Other, related devices of constitutional democracy have the same effects. Thus, a
basic institutional expression of the requirement of the rule of law – in particular, of
the ban on self-serving interpretation – is the separation of powers, understood as the
requirement that rule-making authority be vested in a body that includes representatives of diverse particular interests, but that does not itself apply the rules it makes to
individual cases. The conventional rationale for this separation of rule-making and
rule-applying is that it permits diverse interests to be incorporated into rules, even as it
decreases incentives for rule-makers to design rules that favour themselves (either as
representatives or as officials). But in obstructing corruption the separation of powers
so understood reinforces the substantive uniformity requirement, and thereby tightens
the constraint on tailoring solutions to special circumstances.
H ence a familiar and inconclusive tug of war: when problems need to be solved
pressure mounts to violate the constitutional constraints of the rule of law and
separation of powers – to overturn the Tudor polity – precisely because of the
restrictions these impose on problem-solving. Then, as the dangers of violations
mount, as politics threatens to degenerate into a patchwork of particularistic deals and
local privileges, as constitutional democracy approximates pre-Tudor feudalism –
pressure mounts to reimpose a system of strict rules. Thus, in the U nited States, the
standard criticism levelled against administrative agencies – created precisely to adopt
law to particular circumstances – is that they pave the road back to serfdom. And
standard proposals for reform – ranging from Lowi’s juridical democracy and
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Sunstein’s post-N ew D eal constitutionalism, to H ayek’s neo-liberal constitutionalism
– would redeploy rule-making authority to legislatures in order to ensure such
substantive uniformity, thus reimposing the very constraints that had prompted earlier
constitutional reform.23
This to-and-fro cannot be resolved simply by cutting the G ordian knot of
constitutional constraint. Absent the most stringent civic sensibilities, a constitutionally unconstrained representative system – in which decisions by a representative
body suffice to make the regulation legitimate, irrespective of concerns about substantive uniformity – produces the H ayekian nightmare: a pure bargaining democracy in
which legislative decision-making is under no pressure to be deliberative, and hence
under no pressure to explore improved solutions, or even to meet minimal conditions
of coherence and efficiency. Outcomes will simply reflect the balance of political forces,
with no obligation to consider how legislative choices will cumulatively solve the
problem.24 (According to public choice views, this is all that democracy is, or could be.
But this supposes, improbably, that the real purpose of democracy is to achieve
political equilibrium, not to solve problems or establish the legitimacy of solutions).
N or can the mismatch of institutions and problems produced by current understandings of the rule of law and the separation of powers be finessed by a strategy of
federalist decentralisation that would permit local tailoring within a regime of strict
rules. Federalism, generically conceived, is a system with multiple centres of decisionmaking, including central and local decision-makers, and separate spheres of
responsibility for different units. In such a system, problems requiring local solutions
could be delegated to local centres of decision-making, while problems admitting
general solutions could be addressed centrally. If log-rolling was H ayek’s nightmare of
democracy, a radical version of federalism, in which the centre did little more than
register the generalisable results of local units, was his democratic arcadia.
But federalism, thus understood, creates troubles of its own precisely because it
does not require the units of decision-making to communicate and pool their
infor mation. To underscore the force of this point, we extend our original
characterisation of the problem situation of modern democracies beyond the
assertion that uniform solutions are not optimal, to the further proposition that
particular locations, operating in isolation, lack the capacity to explore the full
range of possible solutions. For this reason, optimal problem-solving requires a
scheme with local problem-solvers who, through institutionalised discussion, learn
from the successes and failures of problem-solving efforts in locales like their own.
Through such exchanges each problem-solving unit would be better situated to
capture the benefits of all relevant, locally tailored solutions, thus transcending the
limits of localism without paying the price of uniformity such transcendence would
otherwise require.
Federalism as currently understood does not foster such mutual learning from local
experience; the scheme of a ‘directly-deliberative polyarchy’ does. Indeed, abstractly
conceived, it simply marries the virtues of deliberation and directness to an ideal of
learning by explicitly pooling experience drawn from separate experiments. Whether
this marriage can be made to work is our next subject.
23
24
For discussion of these three views, cf, J.Cohen and J. Rogers, A ssociations and Democracy, op cit n 1.
M oreover, if legislators can secure their own reelection by servicing constituents, then the limits on
problem-solving are not a large source of electoral instability.
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IV
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Radical Democracy, After the Welfare State
The intuitive idea of directly-deliberative polyarchy is to foster democracy in its most
attractive – direct and deliberative – form, and thereby increase our collective capacity
to address unsolved social problems by overcoming current dilemmas of coordination.
As background, to remind, we assume that the institutions of polyarchy are in place.
More immediately, we assume that citizens – despite conflicts of interest and political
outlook – agree very broadly on priorities and goals, but cannot translate this preliminary agreement into solutions fitted to the diversity and volatility of their circumstances
because of constitutional uniformity constraints. So we look for institutions that are
friendly to local experimentation, and able to pool the results of those experiments in
ways that permits outsiders to monitor and learn from those efforts.
Consider first the implications for individual decision-making units. D iversity
implies that reasoned decision-making in each will need to draw on local knowledge
and values; volatility means it will need regularly to update such information. As each
unit is distinct, none does best by simply copying solutions adopted by others, though
they may do well to treat those solutions as baselines from which to move; as each
faces changing conditions, practical reasoning requires a system of collective decisionmaking that fosters regular readjustment of solutions to those changes. Local problem
solving through directly-deliberative participation is well-suited to bringing the
relevant local knowledge and values to bear in making decisions. D irect participation
helps because participants can be assumed to have relevant information about the
local contours of the problem, and can relatively easily detect both deception by
others and unintended consequences of past decisions. D eliberative participation helps
because it encourages the expression of differences in outlook, and the provision of
information more generally: the respect expressed through the mutual reason-giving
that defines deliberation reinforces a commitment to such conversational norms as
sincerity and to solving problems, rather than simply strategically angling for
advantage (perhaps by providing misleading information); furthermore, if preferences
over outcomes themselves are shaped and even formed by discussion, and mutual
reason-giving reduces disagreements among such preferences, then being truthful will
also be good strategy.
But the same concern for a form of decision-making that is attentive to unexplored
possibilities and unintended consequences requires institutionalisation of links among
local units – in particular, the institutionalisation of links that require separate
deliberative units to consider their own proposals against benchmarks provided by
other units. Because practical reasoning requires a search for best solutions, decisionmakers need to explore alternatives to current practice. A natural place to look for
promising alternatives – including alternatives previously unimagined in the local
setting – is in the experience of units facing analogous problems. Thus alongside
directly-deliberative decision-making we need deliberative coordination: deliberation
among units of decision-making directed both to learning jointly from their several
experiences, and improving the institutional possibilities for such learning. These
considerations lead us to our conception of directly-deliberative polyarchy –
intuitively, a system with both substantial local problem-solving, and continuous
discussion among local units about current best practice and better ways of
ascertaining it.
Before filling out this intuitive idea by exploring its basic operating principles, we
underscore that directly-deliberative polyarchy describes the form of problem-solving
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institutions: it is an order in which problem-solving proceeds through connected
institutions and organisations that meet a set of abstract conditions of directness and
deliberativeness. But the institutions and organisations that meet those conditions
might vary widely, from networks of private firms, to public institutions working
alongside associations. In this respect, the idea of directly-deliberative polyarchy
operates at a different level of analysis from idea of associative democracy or
workplace democracy. The idea of associative democracy is to solve problems through
means other than states or markets: the nature of the ‘organisational instrument’
matters. Similarly, workplace democracy specifies a particular institutional arena – the
workplace. With directly-deliberative polyarchy, what matters is that the conditions are
met, not the organisations that satisfy them.
We emphasise, too, that directly-deliberative problem-solving arrangements must
operate within a frame of legislative, judicial, and administrative institutions. The role
of those institutions changes – from seeking to solve problems to identifying problems
and fostering their directly-deliberative solution. But in this transformed role, they are
essential to the legitimate and successful operation of the new problem-solving
arrangements.
A
Constitutional Principles
To describe the basic structure of directly-deliberative polyarchy, we need to answer
three questions:
1. What are the requirements of democratic process within and among units? M ore
particularly, what does it mean for their decisions to be made deliberatively?
2. What conditions should trigger the operation of these deliberative mechanisms?
3. H ow should the circle of membership in the deliberative bodies be drawn?
Deliberative Process within and among Units. At the heart of the deliberative
conception of democracy is the view that collective decision-making is to proceed
deliberatively – by citizens advancing proposals and defending them with considerations that others, who are themselves free and equal, can acknowledge as reasons.
The shared commitment of citizens in a deliberative democracy is that the exercise of
collective power should be confined to cases in which such justification is presented.
Citizens contemplating the exercise of collective power owe one another reasons, and
owe attention to one another’s reasons.
But not all reasons are on a par. So the kind of attention owed must be calibrated
to the kind of consideration offered. Thus, constitutional reasons are considerations
that command substantial weight in decision-making. In deciding which considerations are to be assigned such weight, we look for a close connection to the standing
of citizens as free and equal members of the political society: considerations affirming
that standing have substantial weight, whereas those that deny it are weightless. Thus,
citizens must have fundamental political and civil rights because those rights are
backed by reasons that affirm the standing of citizens as free and equal, whereas the
denial of those rights requires appeal to considerations that throw such standing into
question – perhaps by denying that members meet all the qualifications for citizenship.
But denials of qualification – assertions that some member is not to be regarded as a
free and equal citizen – do not count as reasons at all because they are not
considerations that command respect from those whose standing is denied. So
effective participation rights cannot, except perhaps in very special circumstances
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(perhaps cases of extreme emergency), permissibly be denied. Similarly, proposals
backed by reasons rooted in interests fundamental to the standing of members as free
and equal can be rejected only upon offering alternative, more plausible projects for
advancing those interests. Thus, a requirement of ensuring a basic educational
threshold – a threshold defined relative to participation as citizen, and more generally,
as cooperating member of society – would be a constitutional reason, and a proposal
that would ensure such a threshold would be rejected in a well-ordered deliberative
body only in favour of an alternative, better designed scheme.25
The first and most fundamental requirement of a directly-deliberative polyarchy is,
therefore, that it affirm its character as democratically deliberative by giving stringent
protection to claims backed by constitutional reasons.
Of course, not all acceptable reasons for public choices are of constitutional
magnitude. The class of policy reasons comprises those considerations whose endorsement is neither required by nor incompatible with a conception of citizens as free and
equal, and which are relevant to an issue under consideration. A proposal framed by
such considerations may reasonably be rejected by a counter-argument that articulates
an alternative balancing of the reasons generally understood as relevant to allocating
the resource in question. Consider again the case of education. In deciding how to
allocate resources, some relevant and potentially competing policy reasons are: helping
each student fully to achieve potential; ensuring that students who are performing
least well are given special attention; ensuring common educational experience for
students of diverse backgrounds. In the case of health care, the reasons include:
helping those who are worst off; helping those who would benefit most from medical
resources; assisting larger numbers of people; ensuring that people have fair chances at
receiving help, regardless of the urgency of their situation and of expected benefits
from treatment.26
As these examples suggest, the policy reasons relevant to particular domains are
complex and varied, and there often will be no clear, principled basis for ranking
them: different, equally reasonable participants in deliberative process (and, a fortiori,
different deliberative bodies) will weigh them differently. Reasonable people and
reasonable collective decision-makers reasonably disagree, and recognise the results of
a deliberative process in which such reasons are aired as legitimate.
This distinction between constitutional and policy reasons brings us to the second
broad condition, a requirement of substantive due process on the operation of
directly-deliberative polyarchy: the process is to give due consideration to reasons of
both types, suitably weighted (and allowing for reasonable differences of weight).
M oreover, we require, third, that this consideration be explicit. It is not sufficient to
require that outcomes be rationalisable – that the deliberative process issue in
decisions for which appropriate reasons could be cited – and to leave it to another
institution, say, a court, to determine whether that condition is met. Outcomes in
directly-deliberative polyarchy are to be arrived at through discussion in which reasons
of the appropriate kind are given by participants. F ive considerations lead to this
conclusion:
25
Amy G utmann argues for a ‘democratic threshold principle’ in her account of the distribution of primary
schooling: Democratic Education (Princeton U P 1987) 136ff. But she confines the threshold to ‘effective
participation in the democratic process’ – as though there were not an equally good claim to effective
participation in labour markets.
26 Cf, D aniels, ‘Limits to H ealth Care: Fair Procedures, D emocratic D eliberation, and the Legitimacy
Problem for Insurers,’ Philosophy and Public A ffairs, forthcoming.
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1. Though deliberative justifiability itself is important, it must be aimed at being
achieved; that is, it will not in general be true that results achieved through a
process of exchange or bargaining, or outcomes that reflect a balance of power,
will be defensible by reasons of an appropriate kind. So requiring actual
deliberation helps to establish a presumption that results can be defended
through reasons, and thus a presumption that the outcomes of collective
decision-making are legitimate.
2. Offering reasons to others expresses respect for them as equal members of a
deliberative body. So actual deliberation plausibly helps to foster mutual respect,
which, in turn, encourages citizens to confine the exercise of power as the
deliberative idea requires. N o similar result can be expected if we assign the job
of assessing the justifiability of outcomes to a separate institution.
3. Actual deliberation provides a better rationale for relying on majority rule,
should there be disagreement. With reasons openly stated, everyone can observe
that the supporting considerations were relevant reasons, despite disagreements
about their proper weight. It is manifest to participants, then, that people are not
being asked simply to accede to the larger number, but to accept what they can
see to be a reasonable alternative, supported by others who are prepared to be
reasonable.
4. In actual reason-giving, citizens are required to defend proposals by reference to
considerations that others acknowledge as reasons, and not simply by reference
to their own interests. To the extent that such public reasoning shapes
preferences, conflicts over policy will be reduced, as will inclinations to strategically misrepresent circumstances. M oreover, actual deliberation is, by its nature, a
form of information pooling: when people take seriously the task of providing
one another with reasons, information about circumstances and outlooks, what
is relevant to improved policy is then brought to bear by those in possession of
it. N o similar effects on preferences or on information are likely to issue from
non-deliberative processes subject to subsequent review. Indeed, understanding
the process of review as the natural forum of principle may well encourage
strategic, as distinct from deliberative, conduct.
5. Explicit reason-giving eases the work of other decision-making units and of
outside monitors: it provides a record that other decision-makers can consult
(and perhaps learn from) in deciding how to solve problems and which monitors
(legislators and courts) can refer to in judging whether solutions adopted in
particular locations are appropriate, and how they might be improved in the
light of experience elsewhere.
Requiring explicit reason-giving rather than rationalisable outcomes may, however,
have a downside. Critics of deliberative decision-making fault it for being doubly
exclusionary. 27 D eliberation, they say, is a particular discursive style, with all the
conventional indicia of the rational: formal, deductive, and unemotional. By insisting
on abstraction from the personal and particular, deliberation excludes both people
and information. People, because it silences citizens whose discursive style is detailed,
narrative, and passionate; information, because it only invites contributions cast in
27
Cf, Young, ‘Communication and the Other: Beyond D eliberative D emocracy,’ in S. Benhabib (ed),
Democracy and Difference: Contesting the Boundaries of the Political (Princeton U P 1996), 120–35; S.
Verba/K . Lehman-Schlozman/H .E. Brady, Voice and Equality: Civic Voluntarism and A merican Politics
(H arvard U P 1995), 500–508.
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general terms. As a result, deliberation is unfair and ineffective. U rging more of it is a
reform strategy, but not an especially inviting one.
This objection makes two assumptions, both unwarranted. F irst, that requiring an
explicit statement of reasons implies that nothing other than reasons can be stated – as
though a conception of deliberative justification supported a ban on undeliberative
humour. Second, that the canonical form of deliberation is the justification of a
regulation from first principles: the argument for progressivity in the tax system on
grounds of a conception of political fairness. D eliberation may take this form, but
nothing in the concept of reason-giving requires that it do so. N or, more immediately,
is the reason-giving that occupies us here naturally expressed in the form of deductions
from general political axioms. On the contrary, deliberative problem-solving is by its
nature focused on addressing specific problems in local settings. G iving reasons under
these conditions is, generally speaking, a matter of offering considerations recognised
by others as pertinent to solving the problem at hand. It is simply impossible to limit
in advance the kinds of considerations that might be relevant, or the form in which
those considerations are to be stated. Indeed, deliberation will characteristically
involve debating the implications of general principles (standard operating procedures,
rules of thumb) in the light of the particulars of local experience, and inviting
discussion of such experience in whatever terms suit participants – including the ironic
‘yeah, yeah’ that condemns the latest implausible suggestion.
Still, it might be said that requirements of deliberation unfairly bias decisionmaking in favour of the verbal, that we may end up with a pluralistic logocracy, in
which the many forms of verbosity are all on display, but the shy, quiet, and reserved
are left out. We agree that there is a difficulty here, but why isn’t it remediable? In
settings of deliberative problem-solving, everyone has something to contribute so the
first task in improving the operation of deliberative arrangements is to ensure that all
participants understand that and are encouraged to contribute. The potential for
deliberative failure is no argument against efforts at such improvement.
These reasons for preferring decisions by actual deliberation – particularly the last
consideration – suggests a fourth requirement of democratic process: that there be like
deliberation among units as well. The advantage of actual, deliberate consideration of
alternatives by citizens of equal standing but diverse experience and disposition is that
the diversity of viewpoints brings out the strengths and weaknesses of diverse
proposals. M oreover, the diversity of proposals reveals strengths and weaknesses in
viewpoints that make for more careful assessment in later rounds. Extending
deliberation across units allows each group to see its viewpoints and its proposals in
the light of alternatives articulated by the others: in effect, it ensures that the exercise
of practical reason is both disciplined and imaginative.
To be effective in provoking this kind of informative comparison, information
provided for this purpose must be supplied by units in a way that both anticipates and
reflects this use: in accounting for their own decisions, decision-making processes, and
outcomes, units must take into account information about the relevant practice
elsewhere, or make a case that apparently better practice is either not genuinely better
or irrelevant to their circumstances because of differences in population or resources.
A standard way of doing this is through benchmarking: evaluation of one’s own
activities by comparison with others, judged to be similar, by means of metrics
inherent in the choice of the comparison. Benchmarking thus requires a survey of
possible comparisons, evaluation of possible metrics, and revision, when necessary, of
initial choices of both; and the effectiveness of such surveys, evaluations and revisions
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depends on the willingness of all participants to disclose information in view of the
investigations of the others. This amounts to requiring that, as when acting alone,
units actually deliberate among themselves in the sense of taking account of respective
reasons, and not content themselves with deliberative justifiability. This requirement
implies that units that show poorly in public comparisons will be under substantial
pressure to improve their practice to meet the standard of performance set in other
comparable units.
Responsibility for ensuring that deliberation within and among units meets these
four conditions falls ultimately to authorising and monitoring agencies – legislatures
and courts. But, in contrast to the conventional ‘division of deliberative labour,’ this
responsibility is to be discharged by ensuring that the relevant decision-making bodies
act deliberatively, not – so far as possible – by substituting for their decisions.28 We
return to these points below, in our discussion of institutions.
S tate/M arket? With these core conditions in place, we come to the areas of policy for
which directly-deliberative polyarchy is particularly well-suited. G enerally speaking,
the institutions of directly-deliberative polyarchy are designed to do well where current
political institutions and market exchange do badly.
Consider first the limits on political institutions. These limits are most severe when
the following four conditions hold:
1. The sites at which a problem arises and requires address are too numerous and
dispersed for easy or low cost centralised monitoring of compliance with
regulations. Even if uniform regulations were appropriate, these conditions
would suggest a need for decentralising the capacity to monitor compliance.
D iscussions of workplace health and safety regulation commonly emphasise this
problem: too many workplaces for a central inspectorate to review.
2. The diversity of sites at which similar problems arise suggests that problemsolvers at different sites will want to employ different means to achieve similar
aims and specify their aims differently.
3. The volatility of sites suggests that a need for continuous reflection on means
and ends, and the importance of adjusting both in the light of new information
about the environment.
4. The complexity of problems and solutions – where problems are substantially
the product of multiple causes and connected with other problems, crossing
conventional policy domains and processes – implies that the appropriate
strategy requires coordination across those domains. U rban poverty, local
economic development, and effective social service delivery are among the
familiar problems that occupy this class. Solving them plausibly requires
cooperation across quite different institutions and groups – for example, lending
institutions, health care providers, technology diffusers, education and training
establishments, housing authorities, community development corporations, and
neighbourhood associations.
When all these conditions are in force, we have a strong case for directly-deliberative
polyarchy, with its linked, local problem-solvers: because of the numerosity and
28
Sturm, ‘A N ormative Theory of Public Law Remedies,’ (1991) 79:5 Georgetown L J, 1357–1446. Also,
Rebecca Abers discusses the requirement that citizen-budgeters incorporate considerations of fair
distribution in the deliberations in the Porto Alegre system: ‘Learning from D emocratic Practice,’
typescript available from the authors.
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diversity of sites, we want a structure of decision-making that does not require
uniform solutions; because of volatility, we want a structure with built-in sensitivities
to changing local conditions; because of the complexity of problems, we want a
structure that fosters interlocal comparisons of solutions.
To be sure, departures from these four conditions imply a less strong case for
directly-deliberative polyarchy, and a correspondingly stronger case for markets or
regulatory solutions. But even in the face of departures from these ideal conditions,
two considerations support the case for directly-deliberative polyarchy. F irst, as we
have urged, it fits with democratic values, and that fit will tip the balance in unclear
cases. Second, our basic premise is that existing strategies of problem-solving are not
working well. So we may be aided in diagnosing the shortcomings of those strategies if
we try this alternative. Among other things, it will test the thesis that the troubles
emerge from a mismatch of problems and institutions of collective choice.
Consider next the circumstances under which problem-solving through directlydeliberative polyarchy is preferable to solution through market exchange – here
understood as a form of social coordination in which agents need not arrive at a
common decision nor defend their separate decisions by giving reasons to others.29
Thus suppose we are concerned about the production and allocation of a good that
is widely regarded as urgent – that citizens can claim as a matter of basic right or need
– and about whose proper production and/or allocation there is disagreement. 30
Because the claims for the good are urgent, arrangements of provision should be open
and accountable; moreover, urgency and disagreement together establish a
presumption that decisions about the good’s provision should be backed by an
acceptable rationale. That presumption can be defeated in the case of goods (for
example, bread or cars) for which there are a large number of providers and about
which it is relatively easy (either for consumers or a centralised monitor) to acquire
accurate information. Assume, then, that the good is best supplied by a restricted
range of providers, and that there are high costs to switching among those providers:
there can, then, be no presumption of voluntarism in the choice of provider. Add,
now, that information about the good is difficult to acquire or summarise because a
large number of dimensions are important to its evaluation, people disagree about the
relevant dimensions and their relative weights, and the conditions of its production
and allocation are volatile. U nder these conditions, we want goods to be provided
through mechanisms in which decisions are backed by reasons and based on pooled
information. In short, we have reason to favour directly-deliberative polyarchy over
market.
M embership. F inally, as to membership. The basic standard is that directly-deliberative
arenas are to be open to providers and parties affected by the extent and manner of
provision. (In the case of schools, for example, parents, teachers, and residents of
community served by school.) Very little can be said in general terms about the
requisite representational form: how many members of different groups, affected
parties, and so forth. Once more, there is every reason to expect at least as much
variation as we currently see in polyarchies. Still, a few considerations are to frame
29
Bargaining and command are ways of making collective decisions without mutual reason-giving;
confession is the practice of giving reasons to others for individual decisions.
30 The paragraph that follows presents an account of public goods suited to the special setting of a
conception of deliberative democracy.
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debate about whether deliberative bodies include all who are entitled, or are instead
objectionably exclusive. In general terms, the considerations pull in two directions,
reflecting the ideas of political equality and deliberativeness that define the directlydeliberative conception. The value of equality suggests a one-person/one-vote
composition of deliberative bodies, whereas the requirement of deliberativeness
suggests a constitution that assigns membership in ways that foster the provision of
relevant local information and the crisp articulation of alternative views.
M ore particularly, then, three considerations need to be balanced in decisions about
membership. F irst, citizens can object that the composition and scope of directlydeliberative bodies is objectionably discriminatory – for example, that their geographic
range has been gerrymandered on racial or ethnic lines. Second, there is a
presumption in favour of equal membership for affected parties – open meetings, with
equal rights to participate in discussion and decision-making for all affected parties.
Third, rights to participate might also be awarded to organisations with special
knowledge that is essential to the problem area in question (for example,
neighbourhood organisations in the area of public safety), or which are able to
articulate a point of view in ways that foster deliberation among alternative solutions.
B
Effectiveness
Why expect that such problem-solving will have concrete benefits? H ow might it be
able to overcome the problems of limited information and diversity of sites that vex
state action? F ive considerations are important.
F irst, the parties to the discussion are presumed to have relevant local knowledge;
moreover, they can put that information to good use because they understand the
terrain better and have a more immediate stake in the solution.
Second, assuming a shared concern to address a problem, and an expectation that
the results of deliberation will regulate subsequent action, the participants would tend
to be more other-regarding in their political practice than they would otherwise be
inclined to be. The structure of discussion – the requirement of finding a solution that
others can agree to, rather than pressuring the state for a solution – would push the
debate in directions that respect and advance more general interests. Otherregardingness would encourage a more complete revelation of private information.
And this information would permit sharper definition of problems and solutions.
Third, pursuing discussion in the context of enduring differences among
participants would incline parties to be more reflective in their definition of problems
and proposed strategies for solution; it would tend to free discussion from the
preconceptions that commonly limit the consideration of options within more
narrowly defined groups, thus enabling a more complete definition and imaginative
exploration of problems and solutions. The same is true for the federalism of problemsolvers that emerges from requirements of discussion across units – here, too,
comparisons of solutions at different sites, and benchmarking of local solutions by
reference to practice elsewhere, suggests a basis for improving local practice.
H ere, notice that directly-deliberative polyarchy – understood as a form of problemsolving – is not thwarted by, but instead benefits from, heterogeneity of participants.
Of course, the participants must – as our discussion of deliberation indicates – share a
view about relevant reasons. But this is, we think, a rather weak constraint that does
not demand substantial homogeneity – certainly not homogeneity of comprehensive
moral outlook.
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Fourth, monitoring in the implementation of agreements would be a natural byproduct of ongoing discussion, generating a further pool of shared information.
And, fifth, if things work, the result would be a mutual confidence that fosters
future cooperation.
In all these ways, then, deliberation about common problems with diverse participants might thus reasonably be thought to enhance social learning and problem-solving
capacity.
C
Institutions
We conclude with a brief discussion of the implications of directly-deliberative
polyarchy for the design of and expectations on basic political institutions.
F irst, directly-deliberative polyarchy is, as we have indicated, a form of polyarchy.
So we assume the continued presence of the legislatures, courts, executives, and
administrative agencies, controlled by officials chosen through free and fair elections,
in which virtually all adults have rights to suffrage, office-holding, association, and
expression, and face alternative, legally protected sources of information.31 Though
the operation of these institutions and arrangements changes, they remain and
continue to serve some of the political values with which they are conventionally
associated: peaceful transitions of power, restraints on unbridled power, fair chances
for effective influence over authoritative collective decisions, opportunities to develop
informed preferences, etc.
But with the shift in the locus of problem-solving, the operations and expectations
of basic institutions changes markedly.
Consider first the role of legislatures. D irectly-deliberative polyarchy is animated by
a recognition of the limits on the capacity of legislatures to solve problems – either on
their own or by delegating tasks to administrative agencies – despite the importance of
solutions. Rejecting the N eo-Liberal Constitutionalist idea that the problems are
essentially recalcitrant to collective address, and the modern Civic Republican idea
that their address requires only a more vigilant exclusion of private interests from
national policy-making (and a correspondingly more acute intervention by technically
adept guardians of the common good), the legislature in a directly-deliberative
polyarchy takes on a new role: to empower and facilitate problem-solving through
directly-deliberative arenas operating in closer proximity than the legislature to the
problem. M ore particularly, the idea is for legislatures, guided by the conditions of
triggering, to declare areas of policy (education, community safety, environmental
health) as open to directly-deliberative polyarchic action; state general goals for policy
in the area; assist potential deliberative arenas in organising to achieve those goals;
make resources available to deliberative problem-solving bodies that meet basic
requirements on membership and benchmarking; and review at regular intervals the
assignments of resources and responsibility. To be sure, legislatures can only play this
role if they are able to identify problems needing solutions and agents with the
capacity to solve those problems, even when they cannot themselves produce the
solutions. But once we acknowledge the importance of diversity and volatility in
shaping acceptable solutions, this assumption is entirely natural.
This changed role for legislatures does not of course preclude national solutions
through legislative enactment when uniform solutions are preferable (because of
31
Cf, R . D ahl, Democracy and its Critics, op cit n 9, 221.
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limited diversity among sites) or when externalities overwhelm local problem-solving.
Instead, the availability of alternative methods of problem-solving imposes on
legislatures a greater burden in justifying their own direct efforts: they must explicitly
make the case that the benefits of those efforts suffice to overcome the advantages of
direct-deliberative solutions.32
Administrative agencies, in turn, provide the infrastructure for information
exchange between and among units – the exchange required for benchmarking and
continuous improvement. Instead of seeking to solve problems, the agencies see their
task as reducing the costs of information faced by different problem-solvers: helping
them to determine which deliberative bodies are similarly situated, what projects those
bodies are pursuing, and what modifications of those projects might be needed under
local conditions.
And the responsibility of constitutional courts is neither simply to inspect
procedure for its adequacy as representative, nor to reorganise institutions by reference
to substantive constitutional rights, but to require that decision-making proceed in
directly-deliberative way: that is, to require that problem-solvers themselves make
policy with express reference to both constitutional and relevant policy reasons. You
might describe this as a genuine fusion of constitutional and democratic ideals: a
fusion, inasmuch as the conception of democratic process includes a requirement that
constitutional reasons be taken into account, as such. The aim is a form of political
deliberation in which citizens themselves are to give suitable weight to constitutional
considerations, and not leave that responsibility to a court.
These remarks sketch, in the sparest terms, how basic political institutions might
shift in expectation and responsibility under conditions of directly-deliberative
polyarchy. F urther details will vary greatly, certainly as much as they do in existing
polyarchies. Rather than outlining the dimensions of such variation, we propose to
clarify and deepen this account of transfor med conventional institutions by
addressing an objection to the very coherence of directly-deliberative polyarchy as a
for m of problem-solving that confor ms to basic democratic values. G enerally
speaking, the objection is that directly-deliberative polyarchy is an unstable
combination of institutionalisation of democratic values: either central institutions
will not supervise local arrangements enough to avoid local tyrannies, or they will
over-supervise, thus regenerating the problems of centralised control that directlydeliberative polyarchy is supposed to avoid. M ore particularly, the objection is that
directly-deliberative polyarchy needs to meet two requirements that are at war with
one another: deliberative problem-solvers are supposed to satisfy various conditions
(on membership, deliberativeness, and external links to other problem solvers). But
directly-deliberative problem-solvers will not meet these conditions as a matter of
course, nor is their satisfaction a self-enforcing equilibrium. So the responsibility for
ensuring that they are met falls to authorising and monitoring agencies. If, however,
problem-solvers are to achieve the variation in local solutions demanded by
conditions of diversity and volatility, then authorising and monitoring agencies must
also ensure them autonomy.
These two conditions are arguably in tension. For directly-deliberative problemssolvers can act in ways that conflict with the constitutive values and conditions of
32
For related discussions of federalism, cf, G ardbaum, ‘Rethinking Constitutional Federalism,’ (1996) 74
Tex as L aw Rev., 795–838, and the account of the ‘commandeering problem’ in D orf/Sabel, ‘Constitution
of D emocratic Experimentalism,’ loc cit n 1.
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democracy itself, either by deciding on the basis of considerations that conflict with
those values, or by failing to take them fully into account. If a fundamental, generic
responsibility of authorising and monitoring bodies is to ensure that decision-making
is democratic, then those authorising bodies are obligated to review and pass
judgement on the decisions of the authorised bodies. But this creates two related
troubles for directly-deliberative problem-solving: first, reduced autonomy in the name
of ensuring democracy may substantially limit interest and enthusiasm for
participating in problem-solving bodies. Second, if ensuring democracy means
constantly second-guessing the solutions chosen by directly-deliberative problemsolvers, then those problem-solvers may decide to avoid troubles by imposing uniform
solutions (choosing solutions that have already passed muster), disregarding the
suitability of those solutions to their circumstances. This tension, it might be argued, is
exacerbated by a tendency of decentralised systems to generate greater inequalities,
thus pressuring the centre to reappropriate power and impose greater uniformity of
circumstance through redistribution.
We have five replies to this problem. The first is to introduce a note of realism. The
objection is entirely familiar from current discussions of federalism and of relations
between courts and legislatures. Focusing on the latter, it is commonly agreed that
courts should, whatever else they do, uphold the democratic process, ensuring that all
citizens have rights to participate as equals in that process.33 Sometimes majorities
violate that requirement, and when they do courts have a responsibility to overturn the
results of those violations. The tension noted above is, generally speaking, simply an
instance of this problem, which is commonly called the ‘countermajoritarian
dilemma’: it is not a problem created by the proposal advanced here, but a reflection,
within our proposal, of a problem that any adequate conception of constitutional
democracy needs to face.
Second, accepting that the general structure of the problem is familiar, it might
nonetheless be argued that a deliberative conception of democracy – or an idea of
directly-deliberative polyarchy inspired by that conception – worsens the problem by
imposing more stringent standards of democracy. Though a wide range of views will
permit review and rejection of decisions of grounds of incompatibility with
democracy, the deliberative view embraces an expansive conception of democracy and
a correspondingly expansive and therefore invasive account of when the judgements of
problem-solvers are properly second-guessed. The force of this objection depends on a
belief that is widely shared but simply misguided: that deliberation, properly
conducted, issues in consensus. We have already explained our reasons for rejecting
this claim. D eliberation is a matter of balancing relevant considerations, and arguing
in the light of such balance: competent deliberators will work out the balance
differently; and, correspondingly, competent deliberative bodies will typically arrive at
different conclusions, or arrive at the same conclusions differently. Indeed, there is no
compelling a priori argument that the range of acceptable results of deliberative
processes is smaller than the range of acceptable results of aggregative processes. So we
reject the claim that the deliberative view worsens the familiar problem.
Indeed, third, we think that the deliberative conception may reduce the tension
between democracy and autonomy. To see how, recall the idea of a division of
deliberative labour. On a conventional view of collective decision-making within a
33
The classic statement of this view is J.H . Ely, Democracy and Distrust (H arvard U P 1980).
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constitutional regime, the division of labour assigns to legislatures the responsibility
for devising laws that advance the common good, and to courts the responsibility for
ensuring that those laws respect the constitution and the political values implicit in it.
As our earlier discussion indicates, the deliberative view rejects this way of dividing
deliberative labour. When objections are raised on constitutional grounds to decisions
reached by problem-solvers – when it is argued that unacceptable reasons animated
the decision, or that fundamental constitutional values were neglected by it, the role of
courts (and legislatures) is not to substitute their own judgement about the proper
outcome, but to require that the deliberative body revisit the issue, taking the full
range of relevant considerations explicitly into account – and exploring the experience
of similarly situated problem-solving bodies. Suppose, for example, that a decision to
impose an English-only requirement on schools is challenged on grounds that students
who are not native English speakers will be disadvantaged by it, and consequently
disadvantaged as citizens. The response should be to require that the school committee
responsible for imposing the requirement revisit the decision, attending both to the
importance of education for equal citizenship and to the experience of other multilingual districts in solving the problem. In short, the deliberative view rejects the
conventional division of deliberative labour, proposing instead that all bodies making
collective decisions share responsibility for upholding the democratic constitution by
treating its principles and values as regulative in their own decisions.
Our fourth reply builds on this last point. Suppose that deliberative decision-makers
are required to arrive at decisions with explicit attention to constitutional values and
comparable experience. Still, they may make decisions that conflict with the
democratic constitution, and courts may be required to review their decisions in this
light. But when they are, they will have a record of fact and reasoning to draw on in
making their decisions. Because they have imposed requirements of due consideration
on problem-solvers themselves, courts will have the information they need to decide
whether means are suitably tailored to ends, and whether ends are specified in ways
that satisfy constitutional constraints. Judgements about whether or not to defer to
problem-solvers will be backed by fact, and not simply by a priori estimates of
institutional competence.
F inally, without disputing the claim that decentralised systems, as a rule, generate
increased inequality, we dispute the extension of the rule to the case of directlydeliberative polyarchy, and therefore do not expect substantial pressures to recentralise
in the name of equality.
V
Kicking Radical Democracy Upstairs?
Any plausible conception of democracy requires an interpretation of the idea of the
public, as the arena in which free and equal citizens reflect on and seek to advance
common aims. We conclude our account of directly-deliberative democracy, then, by
sketching the distinctive conception of the public that has been implicit in our
discussion thus far.
F irst, in directly-deliberative democracy (and, by extension, directly-deliberative
polyarchy) the public arena is organisationally dispersed and socially heterogeneous:
organisationally dispersed, because public opinion crystallises not only in reference to
the national legislature, but also in the work of the local school governance committee,
the community policing beat organisation, and their analogies in areas such as the
provision of services to firms or to distressed families; socially heterogeneous, because
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members are not presumed to share social traits, moral outlooks, or common
information. Though the public arena is in both ways pluralistic, its pieces are
nevertheless connected by the requirements of reason-giving, in particular the demand
to respect constitutional reasons; the need for explicit comparison with other units
which are themselves conducting similar comparisons; and a wider public debate
informed by such comparisons and focused on national projects.
Second, and more fundamentally, the public arena is the place where practicality in
the form of problem-solving meets political principle in the form of deliberation
through reason-giving among citizens who recognise one another as free and equal. In
directly-deliberative polyarchy, public deliberation cuts across the distinction between
reflection on political purposes and assessment of efforts to achieve those purposes – a
central distinction not only in familiar theories of representative democracy, but also,
and perhaps surprisingly, in current understandings of radical democracy. To
underscore this essential feature of directly-deliberative polyarchy and point towards
the unfinished work of our project, we look briefly at the fate of the modern radicaldemocratic understanding of the public as it appears in the works of such representative figures as H abermas and Arendt and their innovative followers, and contrast that
fate with the idea developed above.
From this vantage point, the most striking feature of contemporary views of radical
democracy is the measure to which they have become defensive, self-consciously
chastened, typically directed more to limiting (at times by novel means) the erosion of
the institutions of nineteenth century parliamentary democracy than to transforming
and extending them. In part these limited ambitions are a prudent response to the
temper of the times, hostile since the fall of the planned economies to any hint of
collective control over life choices of individuals, and sceptical, more broadly, about
the very idea of public action. 34 M ore fundamentally, though, this self limitation
reflects a sharp distinction, long established in the social and political theory from
which much radical democratic theory stems, between a higher, political world of
human self-determination – through an all-encompassing exercise of theoretical and
practical reason or innovative public deeds – and a lower realm of workaday conduct
governed by calculation, technique, and organisational routine. The idea of the public
in directly-deliberative democracy questions the underlying assumptions and
institutional expression of this distinction.
Consider first the notion of the public as it appears in H abermas’ work. According
to his theory of communicative action, human interactions differ fundamentally
according to whether participants aim to achieve worldly success in part by
influencing others or to coordinate social action through common understandings.
When action aims at success, information is manipulated strategically to advance
individual or group interests, as in economic exchange or group bargaining. When
action aims at understanding, agents acknowledge that they are bound by contexttranscendent norms of sincerity (Wahrhaftigkeit), truth (Wahrheit), and moral probity
(R ichtigkeit), and committed to the view that their claims would be vindicated by an
unfettered communication of equals.
34
H abermas says that he has ‘no illusions about the problems that our situation poses and the moods it
invokes. But moods – and philosophies in a melancholic ‘mood’ – do not justify the defeatist surrender of
the radical content of democratic ideals.’ Between Facts and N orms, op cit, n 7, at xlii-xliii. We agree with
the observation about moods and their unfortunate consequences, but – as will emerge – think H abermas
has surrendered too much.
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Within the framework provided by the idea of communicative action, the role of
constitutional democracy is threefold: it establishes the system of rights required for
autonomous communication among equal citizens (for a discursive formation of
public opinion), enables discursively formed understandings of common purpose to
achieve legal expression, and ensures that those legally crystallised understandings
steer (or, in more anguished formulations, besiege) the state’s administrative apparatus,
understood as a system of technically constrained instrumentalities for guiding the
(still more constrained) activities necessary for society to reproduce and advance.35
D emocratic steering is itself divided into stages or phases, ordered by their distance
from the apparatus of actual decision-making, and hence their freedom from technical
constraint and organisational routine: parliamentary debate is limited by its
connection to administration, the disputations of political parties by their connection
to parliamentary debate. In the ‘communicatively fluid’ public sphere, democracy is
most authentic because least constrained. N either hemmed in by specialised vocabularies nor confined to particular social tasks, the public sphere is a dispersed, allpurpose, discursive network within which citizens, connected by the means of mass
communication, form currents of opinion in seeking how best to resolve the great
questions of the day.36 Because discussion within that sphere comprises all manner of
topic and question, and is guided by each of the three norms mentioned earlier, the
dispersed assembly that is the public comes as close as can reasonably be hoped to a
free community of equals, autonomously debating the terms of their collective life.
But the capacity of the public’s critical contributions to steer the state must remain,
given H abermas’ fundamental partition of human action, an open question. The freer
the communication within the public – the greater the immunities from state
interference with the formation of opinion, the more accessible the newspapers, the
less venal the television, the richer the associational life on which public discussion
rests – the greater clarification it can attain. Indeed, the call for democratisation of the
public sphere, which follows naturally from H abermas’ emphasis on the role of
communicative action in social integration, is exactly the aspect of his general theory
that classes it as a type of radical democracy.37 The basic dualism of understanding
and success-oriented action, however, suggests as well that even the most radical
extension of the public sphere would be of limited consequence precisely because the
technical demands, to which administration, parliament, and party must in turn
respond, set limits – but which ones? – to the direction that might issue from a more
encompassing, unrestricted discussion among citizens: ‘Communicative power cannot
supply a substitute for the systematic inner logic of public bureaucracies. Rather, it
achieves an impact on this logic ‘in a siege-like manner.’38 At its most paradoxically
self-defeating, H abermas’ view seems to be that the democratic public can not be just
35
‘We can interpret the idea of the constitutional state in general as the requirement that the administrative
system, which is steered through the power code, be tied to the lawmaking communicative power and kept
free of the illegitimate interventions of social power (ie, of the factual strength of privileged interests to
assert themselves).’ J. H abermas, Between Facts and N orms, op cit n 7, at 150; see also 176.
36 Ibid, at 360.
37 Ibid, at 371. Though note the immediately subsequent discussion of the ‘self-limiting’ quality of radicaldemocratic practice – in particular, the need for a communicatively-generated public opinion to work its
effects through conventional political institutions.
38 H abermas, ‘F urther Reflections on the Public Sphere,’ in C. Calhoun (ed), H abermas and the Public
S phere (M IT Press 1992) 452.
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and effective because to be just it must be informal in the sense of constituted freedom
of institutions, while to be effective it must be institutionalised in forms that constrain
discussion and hinder the pursuit of justice. In the end, radical democracy serves as a
series of reminders – that human communication need not be narrowly technical, that
unsolved problems remain outside the purview of conventional institutions – rather
than a program to redirect the ensemble of institutions to ensure a controlling role for
communicative power.39
As a second illustration of the self-limitation of radical democracy, consider the
position of H annah Arendt. Whereas H abermas sets his account of democracy within
a general theory of rational discourse and communicative action, Arendt’s is framed
by a general diagnosis of the human condition and a classification of responses to that
condition: thus, human conduct counts as labour if it responds to the rhythmic
necessities of biological reproduction, as work if directed to the construction of those
durable artifacts, from houses to highways, that provide the scaffolding and outward
signs of our ‘unnatural’ social life, and as action if it manifests the fundamental
human capacity to begin ‘something new on our own initiative.’40 Though acting ‘rests
on initiative, it is an initiative from which no human being can refrain and still be
human.’41 The public in this view is just the citizens in action, appearing to one
another as human – as a plurality of initiators – and this citizenry in action embodies
democracy in its most radical, constitutional, aspect.42
The dilemma for this view is that democracy continues after its initiation; and on
Arendt’s understanding, concerns arising within the constituted polity would fall from
the higher, distinctively human sphere of action and the political to the banausic social
spheres of work and labour. For practical purposes, the public would be purposeless
and political debate a matter of display: as M ary M cCarthy said, ‘if all questions of
economics, human welfare, busing, anything that touches the social sphere, are to be
excluded from the political scene, then I am mystified. I am left with war and speeches.
But the speeches can’t just be speeches. They have to be speeches about something.’43
Thus, if H abermas’ view edges radical democracy to the periphery, preserving
discursive freedom at the expense of political influence, Arendt’s view kicks radical
democracy upstairs, preserving its free creativity at the expense of its content.
Recent efforts to modify the idea of the public in both views to respond to these
kinds of criticisms by softening the distinctions on which they rest only underscore the
constraints of the original schemes. In both cases the modifications focus on the role
of social movements – of women, of racial or ethnic minorities, of citizens concerned
about the environment – as forms of the public so dispersed within society to be acting
39
See especially the striking discussion of the ‘surprisingly active and momentous role’ that actors in civil
society can play in a ‘perceived crisis situation.’ Between Facts and N orms, op cit, 7, 380–82. This
discussion suggests that H abermas is operating with a distinction between crisis situations, in which
radical democratic impulses play a central role, and normal politics, in which they do not. For an
instructive comparison, cf, B. Ackerman, We, T he People (H arvard U P 1991).
40 H . Arendt, H uman Condition (Chicago U P 1950), at 177.
41 Ibid, 176.
42 Benhabib emphasises that ‘appearing’ is to be taken fully literally: ‘When Arendt links the public space
with the space of appearances she primarily has in mind a model of face-to-face human interactions,’
within a relatively homogeneous community whose shared ethos makes the meaning of individual action
more or less transparent, T he Reluctant M odernism of H annah A rendt (Sage 1996) 201.
43 These remarks, made by M ary M cCarthy at a conference on Arendt’s work, are reported in Benhabib,
ibid, 155; also at 156 for Arendt’s reply, and a convincing assessment of its plausibility.
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outside of institutions, hence untainted by their technical or workaday constraints, yet
directly enough engaged with changing particular social arrangements to influence
them. In those writings on social movements that refer, critically, to H abermas and
others like him, the emphasis is on spontaneous citizen protest against the risks of
(increasing) technical manipulation of the social and natural worlds: the risk of
nuclear catastrophe calls forth a social movement against the construction of nuclear
power stations, and the industrial use of toxins calls forth a movement for their
regulation. But this simply reminds us that a dispersed, discursive public can play a
part only in limiting the reach of a ‘system’ whose innermost mechanisms remain
beyond political influence.44
Writings on social movements that take Arendt as their critical referent, but reject
her public/private, political/social distinctions, are more ethereal still. From this
perspective social movements are seen as the potential precursors to constitutional
conventions in the small, or as interstitial, fleeting, fugitive testimony to the human
capacity for initiative and therefore to the permanent possibility of a higher politics of
democratic refounding. In both variants, the newer views accept the defensiveness of
their antecedents and reduce radical democracy to an argument about the possibility
of protest against the further subjugation of freedom to necessity.
D irectly-deliberative polyarchy, in contrast, does not seek refuge in social
movements; it holds out the promise of transforming the institutions of social steering,
not merely containing their erosion. 45 It claims that the apparent limits on the
applicability of democratic principles – and the background dualism of creative or
freely reasoning public and banausic life routines – can be overcome by understanding
how those principles can contribute to problem-solving, and how problem-solving can
contribute to the re-interpretation of those principles. At the core of this mutual reelaboration is the idea of deliberation as reason-giving in context – that is, relative to
purposes that concern the citizens. Purpose does not vitiate deliberation. Rather, it
guides and enables deliberation by suggesting the comparisons and contrasts that give
meaning to diverse and mutually informative points of view. And purpose here means
purpose of all kinds: the idea of deliberation in directly-deliberative polyarchy does
not distinguish between constitutional and operational tasks. Indeed, the notion of
mutual adjustment of means and ends at the heart of the notion of deliberation in
directly-deliberative polyarchy – the very feature that recommends it as a method of
problem-solving in diverse and volatile environments – undercuts the distinction
between these types of activities.
But in stating the contrast between the current, defensive ideas of radical
democracy and the possibilities of directly-deliberative polyarchy we are advancing
our case by signing promissory notes. We have offered some empirical hints of new
44
For thoughtful discussion of debates on social movements from a viewpoint close to the one adopted
here, cf, H . Joas, Die Kreativität des H andelns (Suhrkamp 1992), 348 ff.
45 Jeffrey Isaac concludes his thoughtful discussion of Arendt’s and Camus’ radical democratic, ‘rebellious
politics’ by doubting that ‘such a politics, centred in civil society, can be equally effective in fashioning
stable democratic economic and political institutions.’ H e adds that ‘if rebellious politics is to be
something more than a self-actualizing and self-consuming phenomenon, then it must challenge and seek
to reshape, however cautiously and imperfectly, existing political institutions.’ But then Isaac backs off
from this need to reshape – however cautiously and imperfectly – by identifying ‘a more institutional kind
of politics’ with ‘a more conventional social democratic politics.’ Radical democracy thus remains at the
margins: cf, J. Isaac, A rendt, Camus, and M odern Rebellion (Yale U P, 1992), at 255, 247 and 258.
© Blackwell Publishers Ltd. 1997
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institutional developments to warrant our conjectures, subjected those conjectures to
the preliminary tests of internal consistency, and noted their appeal as alternatives to
the despairing prospects of current debate. If we are right in thinking a new, radically
participatory form of democracy is beginning to stare us in the face, the obvious and
urgent thing to do is stare back.
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© Blackwell Publishers Ltd. 1997