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Democracy When The People Are Thinking Revitalizing Our Politics Through Public Deliberation James S Fishkin Full Chapter PDF
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OUP CORRECTED PROOF – FINAL, 19/3/2018, SPi
James S. Fishkin
1
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3
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© James S. Fishkin 2018
© Part III, Section 2: James S. Fishkin, Thad Kousser, Robert C. Luskin, and Alice Siu.
© Part III, Section 4: James S. Fishkin, Roy William Mayega, Lynn Atuyambe,
Nathan Tumuhamye, Julius Ssentongo, Alice Siu, and William Bazeyo.
© Part III, Section 5: James S. Fishkin, Robert C. Luskin, and Alice Siu.
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First Edition published in 2018
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OUP CORRECTED PROOF – FINAL, 19/3/2018, SPi
Acknowledgments
Acknowledgments
Carol Plaine Fisher, and my late father-in-law Milton Fisher, have been a
constant inspiration. My parents, the late Joseph and Fannie Fishkin, started
me on this journey and deserve more thanks than I can express.
Any mistakes are mine. This book illustrates the complexities posed by a
very simple idea, if only we try to put it into practice. My hope is that the book
will appeal to political theorists who want to think about real cases, empirical
scholars who want to think about hypothetical cases, and anyone in the
public who wants to think about democracy—its prospects and limitations,
now and in the future.
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Table of Contents
List of Tables ix
List of Boxes xi
Part I: Introduction 1
1. Party Competition and Its Limits 3
2. Deliberation and Reform 6
Table of Contents
Appendix 221
Index 251
viii
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List of Tables
List of Tables
x
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List of Boxes
Part I
Introduction
Part I: Introduction
the democratic way to win is to educate, organize, mobilize . . . more people than
the other side has. ‘More’ is what makes the victory legitimate and while legitim-
acy is strengthened if good arguments can be made about the substantive issues at
stake, the victory is rarely won by making good arguments.
The very idea of a form of politics in which making the better arguments is
central to the outcome seems utopian. He asks: “who would deliberate? On
2
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what issues? With reference to what facts and theories? And why would
dissatisfied citizens accept the outcomes of the deliberations?”3
These are penetrating questions. They form a challenging agenda. This book
is an effort to answer them.
Our concern is not with theory disconnected from practice. Rather, by
experimenting with how to facilitate the public will and experimenting with
venues and institutional designs where it can be brought to life and made
consequential, we can glimpse more ambitious democratic possibilities. Delib-
erative democracy is not just a matter of armchair theorizing or thought
experiments. It can be the subject of empirical work—essentially pilots for a
philosophical idea. Furthermore, it can contribute to practical reforms and
improved governance at many levels throughout the world.
We will focus on ways to connect the will of the people with what is actually
to be done. We will look at various venues and pilots, drawn from different
political contexts and systems. Initially, the idea is to find appropriate entry
points for reform, carefully defined and delimited arenas where a more delib-
erative democracy can be applied and then evaluated. Later, we will look
beyond micro projects and envision larger schemes to scale up the vision we
are discussing.
Efforts to nurture deliberative democracy, in both theory and practice, come
at a time when governance around the world is beset by a recurring dilemma—
listen to the people and get the angry voices of populism or rely on widely
distrusted elites and get policies that seem out of touch with the public’s
concerns. Populism or technocracy? Is there a third way? Self-selected demo-
cratic mechanisms are easily captured by those who feel most strongly or have
most to gain. They represent only portions of the people, often mobilized to
shout but not to listen. They are easily vulnerable to populism. On the other
hand, elites cannot formulate policy democratically without public input.
Policy-making has to be based on choices among value-laden goals. Whose
values? Whose goals? Technocrats cannot substitute their own and serve
democracy. Technocracy divorced from the people is easily vulnerable to
mass cynicism and distrust, and for good reason: it is not democracy.
Variations of deliberative democracy can fill the gap with a voice of the
people that is representative and thoughtful—“a mild voice of reason” from
the people and not just from their leaders.4 It can provide the missing link
between public judgment and public policy.
Many readers simply equate democracy with competitive elections. They will
argue that if there is a problem, it is not with our model of democracy but how
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Part I: Introduction
well we apply it. We fail to live up to our own democratic values. We have
many places around the US and around the world where the model of com-
petitive elections is only weakly applied, if at all. There is vote suppression,
distortions of campaign finance, a largely uninformed public, vast sums of
money spent to mislead and manipulate public opinion, efforts to spread fake
news on social media, and a public that is increasingly likely to talk mostly to
the like-minded, and consult mostly news sources it agrees with. In addition,
we often have the theory of competitive democracy applied in gerryman-
dered districts designed so that there will be little competition. Even where
there is competition in elections, that competition can produce the least
substantive, dirtiest campaigns focused on character and personality, often
with gross distortions of personal history. If negative campaigning wins
elections, by suppressing the approval ratings and turnout for the other
side,5 then those tendencies will be enhanced by greater competition.6
Candidates and parties want to win. If voters become informed about the
complexities of serious issues that is only a by-product, and one that is rarely
achieved. So increasing competition may well worsen our elections—by mak-
ing campaigns dirtier and less substantive, by further amplifying the role of
money (including dark money), and by putting a premium on the successful
manipulation of public opinion.
On the other hand, party competition-based democracies also have many
admirable aspects. The best versions protect well-established freedoms—
freedom of the press, freedom of association, protections for individual rights,
and the rule of law. They provide for orderly transitions of power based on the
competitive struggle for the people’s vote. They are not just democracies, but
liberal democracies.7 Yet all the infirmities mentioned can apply in liberal
democracies despite these freedoms and protections. The rule of law and free
expression and association do not prevent gross inequalities of campaign
finance. Indeed, in the US, the current interpretations of the First Amendment
freedoms have become a weapon protecting inequality in campaigns.8 Money
talks, even if corporate “persons” are doing the talking. Freedom of expression
can be used to distort and manipulate public opinion as easily as it can be used
to inform.
Throughout most of the twentieth century, there were relatively few dem-
ocracies. Then, beginning about 1974, the “third wave” spread democratic
governance around the world from around 30 percent of the world’s inde-
pendent states to close to 60 percent.9 This expansion brought public input
and accountability to governance in most countries. However, since about
2007, there has been a halt to this expansion and, on some accounts, a
contraction, or a “democratic recession.”10 In some countries where there
may have been vigorous electoral competition, there is now one-sided and
perhaps only symbolic competition.11 Many regimes that are fundamentally
4
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5
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Part I: Introduction
6
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the side of the argument it finds most congenial. The like-minded share
information, or misinformation, or even congenial but fake information,
and never engage with the thinking of those with whom they disagree. Such
a public is easily subject to manipulation by the mechanisms of one-sided
persuasion developed for advertising and for propaganda.21 In our long
journey of bringing power to the people—through mass primaries, referenda,
recall elections, direct election of senators in the US, public opinion polls, and
other forms of public consultation—we have empowered a public that gener-
ally lacks the information and attention that would be required for applying
the value of deliberation in making those choices. We reform politics in
the name of democracy, but it is a thin democracy that, even at its best, prizes
political equality without deliberation.22 Such a democracy risks substituting
the whims of the people for the will of the people and the methods of Madison
Avenue for the values of James Madison.23
Can we do better? A first step is to implement the combination of
political equality and deliberation. Political equality because equal count-
ing is at the core of the democratic idea. Deliberation because that is key
to a democracy of thoughtful self-rule. The idea is to equally count every-
one’s views under conditions where they can really think in order to give
expression to a meaningful public will. Hence, we will draw on work that
combines random sampling to help achieve political equality with condi-
tions facilitating in-depth, thoughtful discussion. Such consultations can
be done in contexts that are consequential so that the resulting opinions
provide a useful input to policy. This is a micro strategy, but it embodies—
and helps dramatize—a picture of democracy when the people are thinking.
Further, it can provide informed and representative input to policy. But such a
strategy, while critically important, is only a partial solution. Ultimately, we
need more than deliberative microcosms of the people. We need a deliberative
macrocosm—a deliberative society. How can this be done? Can deliberation
scale? Can microcosmic experiments help illuminate a vision for long-term
reform? That is our subject in the later parts of the book.
Note that if such a system were possible it would mean solving the apparent
trilemma—a dilemma with three corners—between political equality, deliber-
ation, and participation.24 Can we get all three? It has long seemed that imple-
menting any two would preclude the third. First, we can have political equality
and deliberation with a statistically representative microcosm deliberating.
But because only a microcosm, drawn by random sampling, can participate in
the deliberations, we fail to achieve the third principle: mass participation.
Alternatively, we can get mass participation and deliberation but only with
those self-selecting for a real interest in the subject. A mobilization of the
intensely interested will be unrepresentative of the rest of the population.
Such mobilizations are often key to populism but they do not speak for all
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Part I: Introduction
the people. As we will see, self-selected intense groups can achieve mass partici-
pation and even deliberation, but such strategies will violate political equality
because they will be unrepresentative.25 Lastly, we can get mass participation
and political equality in high turnout referenda, for example, but these mass
devices usually fall short on deliberation.26 Once again we fulfill two of the
principles without the third. Hence the challenge of the trilemma, a kind of
dilemma with three corners.
If we somehow had institutions that reliably delivered large-scale delibera-
tive participation with equal representation, that would fulfill all three prin-
ciples and make the thoughtful views of the people immensely consequential.
It would be the public’s considered judgments, expressing the views of all. It
would not be a microcosm representing what the people would think. Rather,
it would give expression to what they actually do think. Why would this make
such a difference?
After his famous visit to America in the 1880s James Bryce wrote in The
American Commonwealth that there was one force that was pre-eminent:
Towering over presidents and state governors, over Congress and state legislatures,
over conventions and the vast machinery of party, public opinion stands out, in the
United States, as the great source of power, the master of servants who tremble
before it.27
Bryce was talking of public opinion as we usually find it, with all its changeable
indeterminacies.28 Even such a version, he argued, would soon spread its influ-
ence around the world, creating what he called “government by public opin-
ion.”29 How much more powerful and consistent could we expect the influence
of public opinion to become if it were built on really solid foundations—if it
were the product of the entire society thinking about the issues and coming to
a considered judgment?
What is the mode of influence for this “great source of power”? This “key . . .
that will unlock any door.”30 That depends, of course, on the design of institu-
tions and the incentives and motivations of the various actors within it. We
return to such questions in Part IV.
I offer this still abstract but ideal picture of virtually everyone deliberating as
part of the answer to Dahl’s challenge: how to envision institutions for “an
advanced democratic country.” We can stipulate that achieving all three
principles—political equality, participation, and deliberation—would consti-
tute a full deliberative process within a given policy domain. Even more ambi-
tiously, if there is a deliberative agenda-setting process to determine what the
people are deliberating about within that policy domain, then we can say that
it is a well-ordered deliberative process.31 Further, if such processes are sufficiently
widespread, we can say it is a well-ordered deliberative system.
8
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Is such a system possible? For the moment, we can only glimpse such
possibilities on the basis of micro experiments. We can also pose scaling as a
challenge: how to take deliberation from the microcosm to the macro scale.
The micro version provides a useful input to policy—what the people would
think under good conditions can be invoked by policy makers to improve
governance and bring it closer to the real concerns that have weight with the
people once they consider the issue in depth. The macro version has the great
advantage that it supplants the hypothetical with the public’s actual con-
sidered judgments. Can what we learn from the micro version be brought to
scale? Before confronting that difficult question, we will argue that the micro
version is eminently practical and credible in its own right. The macro version,
if achievable, would be transformative. In a world of competing visions for
democracy, it identifies a clear direction for democratic renewal.
This book focuses a great deal on Deliberative Polls, which are only one
possible design for bringing representative and thoughtful judgments
from the public to policy making. There are others. It is only one part of a
world-wide movement to supplement our current electoral democracies
with public input from deliberating random samples. I am convinced
there will be even better designs in the future. I am also convinced that
practitioners of this movement can all learn from each other. This book is a
contribution to that dialogue.
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Part I: Introduction
Notes
1. Some public choice scholars have used the analogy of sporting fans rooting for
their teams to try to restore rationality to the decision to vote—a decision not
motivated by its effects on a team victory but the enjoyment of taking part as a fan
(even though a fan will have no effect on the outcome). See G. Brennan and
J. Buchanan, “Voter Choice: Evaluating Political Alternatives,” American Behavioral
Scientist, vol. 28 (1984), pp. 185–201. While this approach might shed light on
decisions to vote, it does not help with the issue of whether voters will become
informed or attempt to think about the merits of the competing alternatives
However, it might encourage more unbalanced knowledge acquisition (partisan
selectivity) as voters find congenial information supporting their team. It clearly
does not support the deliberative voter.
2. Robert A. Dahl, Democracy and Its Critics (New Haven, CT: Yale University Press,
1989).
3. Michael Walzer, “Deliberation and What Else?” in Stephen Macedo, ed., Delibera-
tive Politics: Essays on Democracy and Disagreement (Oxford: Oxford University Press,
1999), pp. 58–69.
4. See Joseph M. Bessette, The Mild Voice of Reason: Deliberative Democracy and American
National Government (Chicago: University of Chicago Press, 1994) for a reading of
Madison’s design for the national government in terms of deliberative
democracy.
5. For experimental evidence on demobilization see Stephen Ansolabehere, Shanto
Iyengar, Adam Simon, and Nicholas Valentino, “Does Attack Advertising Demo-
bilize the Electorate?” American Political Science Review, vol. 88, no. 4 (December
1994), pp. 829–38. For a contrary view, mostly based on survey evidence, see
R. Lau, Lee Sigelman, and I. Rovner, “The Effects of Negative Political Campaigns:
A Meta-Analytic Reassessment,” Journal of Politics, vol. 69, no. 4 (November 2007),
pp. 1176–209.
6. Even when the turnout increases, on balance, due to the countervailing force of
competitive mobilization efforts, the lack of substance undermines deliberation.
7. For arguments in favor of liberal democracy see Giovanni Sartori, The Theory of
Democracy Revisited, Part Two (Chatham, NJ: Chatham House, 1987), pp. 386–93;
and Larry Diamond, The Spirit of Democracy (New York: Times Books, 2008), ch. 1.
8. Lawrence Lessig, Republic, Lost (New York: Hachette, 2011).
9. “When the third wave began in 1974, only about 30 percent of the world’s
independent states met the criteria of electoral democracy—a system in which
citizens, through universal suffrage, can choose and replace their leaders in regular,
free, fair, and meaningful elections.” Larry Diamond, “Facing Up to the Democratic
Recession,” Journal of Democracy, vol. 26, no. 1 (January 2015), pp. 141–55.
10. Diamond, “Democratic Recession.”
11. The degree of electoral competition in some of the recently democratic countries is
contested. See Steven Levitsky and Lucan Way, “The Myth of Democratic Reces-
sion,” Journal of Democracy, vol. 26, no. 1 (January 2015), pp. 45–58. Their argu-
ment is that many of the countries thought to be in democratic decline never
10
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Notes
actually achieved full democratic transition but are best considered competitive
authoritarian cases.
12. Steven Levitsky and Lucan Way, “The Rise of Competitive Authoritarianism,”
Journal of Democracy, vol. 13, no. 2 (April 2002), pp. 51–65.
13. Dave Bengardi, “Singapore’s Challenge to Democracy,” Berkeley Political Review,
October 12, 2015. Available at: https://bpr.berkeley.edu/2015/10/12/singapores-
challenge-to-democracy/. For a spirited defense of Chinese aspirations for merito-
cratic governance see Daniel A. Bell, The China Model: Political Meritocracy and the
Limits of Democracy (Princeton, NJ: Princeton University Press, 2015).
14. John Stuart Mill, Considerations on Representative Government (repr. Amherst, NY:
Prometheus Books, 1991; first published 1861), p. 56.
15. Bernard Manin, The Principles of Representative Government (Cambridge: Cambridge
University Press, 1997) pp. 218–35. There is, on the other hand, a great deal of civic
voluntarism in the US, much of it outside of electoral politics. For a landmark study
see Sidney Verba, Kay Lehman Schlozman, and Henry Brady, Voice and Equality: Civic
Voluntarism in American Politics (Cambridge, MA: Harvard University Press, 1995).
16. Isaiah Berlin, “Two Concepts of Liberty,” in Four Essays on Liberty (Oxford: Oxford
University Press, 1969), p. 130.
17. Note the qualifier “widespread.” On restricted issues it is possible to apply delib-
erative democracy by the people themselves in authoritarian regimes. But those
applications are restricted to a given issue domain and might best be viewed as a
contribution to long-term reform. See J. S. Fishkin, B. He, R. C. Luskin, and A. Siu,
“Deliberative Democracy in an Unlikely Place: Deliberative Polling in China,”
British Journal of Political Science, vol. 40, no. 2 (2010), pp. 435–48.
18. Alexander Meiklejohn, Free Speech and Its Relation to Self-Government (New York:
Harper & Brothers, 1948).
19. We will sometimes refer to this simply as deliberative democracy after we have
distinguished it from deliberation by representatives or what we will call elite
deliberation.
20. For an overview see Michael Delli Carpini and Scott Keeter, What Americans Know
about Politics and Why It Matters (New Haven, CT, and London: Yale University
Press, 1997).
21. For a compelling picture of the excesses that are possible, see Kathleen Hall
Jamieson, Dirty Politics: Distraction, Deception and Democracy (New York: Oxford
University Press, 1993).
22. “At its best” is an important qualifier, given incentives for vote suppression under-
mining political equality. See, for example, Spencer Overton, Stealing Democracy:
The New Politics of Voter Suppression (New York: W.W. Norton, 2006).
23. See the discussion of Madison on deliberation in Part II, Section 6. On the reading
here he was an advocate for what we will call elite deliberation, but this deliber-
ation was meant to speak for the people as a “filtration” of the public’s views. See
Part II, Section 6.
24. Fishkin, When the People Speak: Deliberative Democracy and Public Consultation (Oxford:
Oxford University Press, 2009), pp. 32–64. More precise definitions of these principles
appear in Part II, Section 2.
11
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Part I: Introduction
25. They will be subject to “participatory distortion,” a term I take from Verba, Schlozman,
and Brady, Voice and Equality, p. 15.
26. Is a deliberative referendum possible? See Bruce Ackerman’s proposal for instilling
an increased opportunity for deliberation, at least by the relevant elites, into a
constitutional referendum: a second-term president getting a two-thirds vote of
Congress and then requiring two successive referendum votes for passage with a
two-year waiting period. We will return to this project of adding deliberation to
the referendum, strengthening the mass participation side with Deliberation Day.
See Bruce Ackerman, We the People, vol. 2 (Cambridge, MA: Harvard University
Press, 1998), pp. 410–11. One can only speculate what comparable requirements
in the context of the UK political system would have done to Brexit. If there were
an automatic requirement to revisit in two years before finalizing, it would likely
have improved the debate and the acceptance of the outcome, whatever it would
have been.
27. James Bryce, The American Commonwealth, vol. 2 (repr.; Indianapolis: The Liberty
Fund, 1995), p. 923, emphasis added.
28. Bryce’s observations remain cogent today. See chapter 76, “The Nature of Public
Opinion,” in The American Commonwealth. They find ample modern confirmation
in John R. Zaller’s magisterial The Nature and Origins of Mass Opinion (Cambridge:
Cambridge University Press, 1992).
29. Bryce, The American Commonwealth, p. 925.
30. Bryce, The American Commonwealth, p. 921.
31. The case for including an agenda-setting stage in an ideal characterization of what
he calls a “full procedural democracy” is made by Robert Dahl in “Procedural
Democracy,” in Peter Laslett and James Fishkin, eds., Philosophy, Politics and Society:
Fifth Series (Oxford: Blackwell, 1979), pp. 97–133, especially pp. 106–7.
12
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Part II
In democracies around the world, policy makers routinely invoke “rule by the
people,” but is this more than symbolic? Leaders win elections and claim
“mandates” from the people, but in what sense, or to what degree are the
people in control of the policies with which they must live? Or to what degree
is it realistic that they should be? A great deal of research supports the picture
of a public that is mostly inattentive, not well informed, and only episodically
aroused. How can such a public exercise any significant control? Consider
further that if leaders manipulate or deceive the public then in what sense
is the public exerting control over leaders even when the leaders are doing
what the public appears to desire? Or might it be the other way around—
leaders exerting control over the public?
Even when voters sincerely and thoughtfully vote for a package of policies,
without manipulation, they are often stuck with elements of the package that
can be profoundly unpopular, a pattern Dahl once identified as typical of
“minorities rule” rather than majority rule.1 These are only a few of the
obvious challenges facing democratic aspirations in the real world of large-
scale modern polities. Before we pursue the constructive remedy proposed
here—various doses of what we will call deliberative democracy—we need to
get a handle on the current infirmities of the system as we live it now.
We begin with some criteria. While each is so obvious that it hardly requires
explicit statement, the challenge is to satisfy all four. Our question is: What
would it mean for the members of the mass public actually to have a signifi-
cant role in ruling themselves? Consider these four criteria for popular control:
John Stuart Mill approached the question from a different angle: he famously
argued for wide inclusion, including the equality of women, but also advocated
“plural voting” by which more voting power would be given to those who
were better qualified.4 Thus, conceptually, we can separate the baseline ques-
tion of inclusion from the further question of whether all are included on an
equal basis. In the history of democratic reform in the US, one of the most
consequential moments was the Supreme Court’s intervention in “one person
one vote” cases, which struck down schemes by which small rural populations
could elect more representatives than far more populous cities. Such “dilution”
questions can arise even where everyone enjoys the same baseline right to
vote.5 Here, however, we will assume inclusion is implemented on a basis of
equality for all those given membership in the polity. Still, in almost all societies
there will be visitors, resident citizens of other countries, children, and others
who may not qualify. In the United States, almost all states prevent prisoners
from voting, and many also disenfranchise ex-felons long after their sen-
tences are completed. Issues of competence have sometimes been invoked to
rationalize exclusion or some scheme of unequal rights. Here we will assume
that inclusion means inclusion of all adult citizens on the basis of equality.
All adult citizens where? Of what? For our discussions here we will take the
boundaries of the nation state as given. Democratic theory requires a demos, a
population that is to be included as members in the democracy. Robert
Goodin observes “until we have an electorate we cannot have an election.
14
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But that is not just a temporal observation, it is a logical truth.”6 Brian Barry
illustrated the difficulty of applying majority rule to try and settle the bound-
aries of who is to be included by considering the Irish question in the early
twentieth century. He inferred likely majorities for conflicting results within
the UK as a whole, within Ireland (the whole island), and within the six
provinces that became Northern Ireland. The decision as to who is included
easily determines the democratic result, not the other way around.7
If we consider the boundaries of the polity as settled, what is the mode of
inclusion for its members? So far we have talked about who is included, but
not how. We have only said “equally.” But equally in what way? The most
common form of inclusion by far is the equal right to vote. This form of
inclusion ends up employing mass participation as the means for realizing
political equality in the mass public. This is encouraging for the realization of
two of our three core principles—political equality and participation. But in
the large-scale nation state, it is very difficult to effectively motivate or incen-
tivize deliberation for the mass public. Each individual citizen is too often
subject to rational ignorance and sheer inattention. If I have one vote in
millions, I will often tune out or engage only episodically as my individual
views will not make any appreciable difference to the outcome.
Much depends on how we interpret the idea of giving everyone an “equal
opportunity to participate.” If participation is self-selected, there may be sharp
differentials in who takes up the opportunity. In two landmark US studies,
Sidney Verba, Kay Schlozman, and Henry Brady found a great deal of “partici-
patory distortion”—those who actually participate are “unrepresentative of
the rest of the public with respect to some politically relevant characteristic.”8
Their desideratum is “that what matters is not that the expression of political voice
be universal but that it be representative.”9 Their concern is the “distinctively
“upper-class accent” of the heavenly chorus which gives voice to the American
public.10 Minorities, the young, and the less advantaged tend to participate
distinctly less (the rich and more educated and older voters tend to participate
distinctly more). However, depending on the context and the design of political
institutions, it is possible that self-selection will have the opposite effect and
actually favor the least advantaged. In the “participatory budgeting” pioneered
in Porto Alegre, Brazil, and now spread to thousands of cases throughout the
world, there is clear evidence that it is the poor who are mobilized to turn out
and the middle classes who are not.11 As with voting, the citizens in participatory
budgeting all have “equal opportunity” in theory to participate, but the incentives
for doing so must be understood in their social context.
The more general lesson is that self-selected participation is virtually certain
to be unrepresentative and hence offer a distorted form of inclusion. The
people who feel more strongly or who are more engaged with the issues or
who are specifically mobilized to turn out will be the ones who participate.
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In a given case, their views might—or might not—be different from what
they actually do think now. We can only know if we start the deliberations
with a good microcosm, as representative as possible in both demographics
and attitudes. If we avoid participatory distortion in constructing the micro-
cosm, then engage it in the best practical conditions for extensive deliber-
ation,18 then we can arrive at an inference about a key hypothetical—what the
people would think if they were really considering the issue. If we started with
a microcosm that was unrepresentative in both demographics and attitudes,
perhaps as unrepresentative as many of our elections, we would not have a
plausible basis for drawing the hypothetical inference about what the public—
all the public—would think. Certain key interests and viewpoints would be
left out (e.g. perhaps the poor or minority groups). The dialogue might well
have been different if they were included, one could plausibly argue.
Random sampling is a form of inclusion that can be used to gather the
whole population, in microcosm, to the deliberations. It is a gathering of all
the relevant viewpoints and interests in their appropriate proportions in the
population, under conditions where those who have those viewpoints and
interests can engage with each other in dialogue. It is consonant with the idea
Mill offered for an ideal parliament, a “congress of opinions”:
where every person in the country may count upon finding some-
body who speaks his mind as well or better than he could speak it
himself—not to friends and partisans exclusively, but in the face of
opponents, to be tested by adverse controversy; where those whose
opinion is over-ruled feel satisfied that it is heard and set aside not by
a mere act of will but for what are thought superior reasons.19
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Choice. Suppose everyone participates but there is only one choice. Or only
one choice that is a realistic possibility, with the other choices only symbolic
afterthoughts creating the illusion of choice. Or suppose there are two choices
but they are identical in their policy implications for all practical purposes, like
the Tweedledum and Tweedledee positions sometimes ascribed to American
political parties in the 1950s. People cannot exercise meaningful choice if
there are no real differences to choose between.
To explore further, even when there are significantly choices, they may not be
realistically on offer.23 Suppose there is a completely dominant party and it
tolerates a token opposition that advocates different policies. But there is no
realistic possibility that the opposition will ever win. Hence, while it is true
that the policies they advocate are undoubtedly significantly different from
those of the dominant party, those alternatives are only symbolically avail-
able. No real choice is actually being presented to the public. Hence the need
for choices that are both significantly different and realistically available.
Where do the choices come from? First, let us say that so long as the choices
are significantly different and realistically available, the choice criterion is
satisfied for the issue at hand. A and B are widely accepted to be significantly
different,24 and both are realistically on offer so that the people can exercise
choice. But why A and B? There will usually be any number of other possibil-
ities that could have been offered and different democratic designs will win-
now the choices to a manageable number (not necessarily two) in various
ways. Perhaps candidates are running for office and there are primary elec-
tions. Or perhaps there is a political convention where party notables in what
used to be called “smoke-filled rooms” deliberate and bargain to choose the
nominee of their party. Perhaps it is an initiative put on the ballot by petition
for an up or down vote by the people. Or perhaps it is a referendum authorized
by a vote of parliament or by an American state legislature. These are among
the common ways that an agenda for decision can be set.
We have stipulated that ideally, for a “well-ordered deliberative process,”
there would be a deliberative consultation as part of the agenda-setting pro-
cess. In Part IV we will explore what that could look like and how it could be
experimented with. Such a process would give the public greater and more
thoughtful control over the choices they are presented with. Deliberative
agenda-setting is an important area for reform. But even without it, when
the people are asked to choose between significantly different and realistic
alternatives they are exercising choice on the issue posed.
How do they choose? We need to consider both the mode of expression
for each individual’s preference and the decision rule for aggregating those
preferences. We will not attempt to stipulate the general solutions to these
problems here. But it is worth noting some elements that seem useful for
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Impact. Thus far we have discussed criteria for including everyone, for their
having substantive choices that are realistically available, and for their being
able to deliberate about those choices. A final criterion for popular control is
that their choices should actually make a difference. The people’s choices need
to have an effect on what policies are adopted or over who gets chosen for
political office. Otherwise there is no effective democratic control.
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There are many notions of democracy, but in my view they boil down to a few
competing democratic principles and how they combine to form what we will
call four forms of democracy, four conceptions of democratic practice. Our plan
is to take the criteria for democratic control specified in Section 1 and apply
them to each of these forms of democracy. In actual institutional designs none
of these forms of democracy are self-sufficient. They coexist and connect with
other institutions, usually exemplifying other forms of democratic practice (as
well as other modes of decision making such as judicial decisions or adminis-
trative processes). But we will focus here on explicitly democratic elements,
and on how these four forms of democracy can work alone or in combination
to provide a satisfactory picture of rule by the people.
There are so many kinds of democracy, how can we get a handle on their
variety?55 It is useful to think of some core component principles—political
equality, (mass) participation, deliberation, and avoiding tyranny of the
majority (which I will call non-tyranny). Three of these principles are internal
to the design of democratic institutions and one (non-tyranny) is about the
effects of democratic decision, effects that have long worried critics of dem-
ocracy. If we consider these four principles essential components of a demo-
cratic theory, then the variations in commitment to them provide a kind of
rudimentary grammar that allows us to specify the range of alternative nor-
mative theories of democratic practice. In other words, we can get a handle on
different forms of democracy according to whether or not they accept or reject
these component principles.
By political equality I mean, roughly, the equal consideration of one’s views
as these would be counted in an index of voting power. Does the design of a
decision process give each person a theoretically equal chance of being the
decisive voter? Or, to take an obvious example, do voters in Rhode Island have
far more voting power than voters in New York in selecting members of the
Senate? By participation I mean actions by voters or ordinary citizens
intended to influence politics or policy or to influence the dialogue about
them. By deliberation, I mean, roughly, the weighing of reasons under good
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Principles
Political equality + ? + +
Participation ? ? + ?
Deliberation ? + ? +
Non-tyranny + + ? ?
conditions in shared discussion about what should be done. The good condi-
tions specify access to reasonably good information and to balanced discus-
sions with others who are willing to participate conscientiously. This
summary is a simplification but should do for now. By non-tyranny, I mean
the avoidance of a policy that would impose severe deprivations when an
alternative policy could have been chosen that would not have imposed
severe deprivations on anyone.56 Obviously there are many interesting com-
plexities about the definition of severe deprivations, but the basic idea is that a
democratic decision should not impose very severe losses on some when an
alternative policy would not have imposed such losses on anyone. The idea is
to rule out only some of the most egregious policy choices and leave the rest
for democratic decision (see Table 2.2.1).
Each of these four forms of democracy embraces a commitment to two of
the principles mentioned. The position is usually agnostic about the other
two. While there are obviously sixteen possible positions defined by accept-
ance or rejection of the four principles, I have argued elsewhere that the useful
positions reduce to these four.57 Variations that aspire to more than the four
are either unworkable or merely utopian or empty (such as the rejection of all
four principles). Those that aspire to fewer include elements of one of these
but are less ambitious than necessary.
The four positions have all been influential. In some cases, I modify a familiar
position to make it more defensible, in order to get the strongest version of each
position.
By Competitive Democracy I mean the notion of democracy via electoral
competition. Most influentially, this approach was championed by Joseph
Schumpeter and more recently by Richard Posner and others.58 This approach
to democracy is in fact the one that is most widely accepted around the world.
On this view, democracy is not about collective will formation but just a
“competitive struggle for the people’s vote,” to use Schumpeter’s famous
phrase. Legal guarantees, particularly constitutional ones, are designed to pro-
tect against the tyranny of the majority. Within that constraint, the key desid-
eratum is competitive elections. On Schumpeter’s view, it is a mythology left
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We have outlined four criteria for popular control and four forms of democ-
racy. Recall that our criteria for popular control are: inclusion, choice, deliber-
ation, and impact. If everyone is included, if they weigh the reasons for and
against alternatives that are significantly different, if they make a choice
among those alternatives and their choice has impact, then they have exer-
cised popular control on the question posed. Can any of the four forms of
democracy fulfill all four of these criteria?67 What challenges do they face?
We begin with competitive democracy. Providing a form of politics that
will allow the public to exercise popular control is the great aspiration of
modern democracy. As Willmore Kendall noted, John Locke’s influential
argument for majority rule in the seventeenth century left it almost entirely
unspecified how the majority would work its will, apart from the right of
revolution.68 In the modern era, Austin Ranney pointed out that it has been
left to political parties (and the competition between them) to fill this gap.
The challenge is to find the best “conduit or sluice by which the waters of
social thought and discussion are brought to the wheels of political machin-
ery and set to turn those wheels.”69
Must it be competition between parties? In a classic exposition, E. E.
Schattschneider claimed that “democracy is unthinkable save in terms of
parties.” John Aldrich amended this to say “democracy is unworkable except
in terms of parties.” He elaborated: “The political party as a collective enter-
prise, organizing competition for the full range of offices, provides the only
means for holding elected officials responsible for what they do collect-
ively.”70 There are competitive elections, particularly at the municipal level,
or for candidate selection at the state level, that are officially non-partisan. But
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these seem to stimulate the informal recreation of party-like coalitions and the
experiments have been met with mixed success.71 For the moment we will
assume competition between parties. In Part IV we will look at other forms of
democracy that are “thinkable” without parties.72
If there are two parties and everyone votes, the spatial model of politics,
made famous by Anthony Downs, tells us that the two parties should take very
similar positions converging on the median voter.73 The original insight was
developed by the economist Harry Hotelling in 1929, who applied it to firms
competing on the basis of location and converging toward similar positions.
He also applied it to politics:
The competition for votes between the Republican and Democratic par-
ties does not lead to a clear drawing of issues, an adoption of two strongly
contrasted positions between which the voter may choose. Instead, each
party strives to make its platform as much like the other’s as possible.74
Think of it as a spatial dimension from left to right. Just as firms seeking business
from the public will choose a median location geographically (grocery stores or
gas stations locating near each other on a street to attract customers, one hoping
to get all the business coming from one direction, and the other all the business
from the other), political parties competing with each other will rationally locate
near the position of the median voter in the left–right space. The party very
slightly on the left will hope to get all the left-to-center voters, the one very
slightly on the right will hope to get all the right-to-center voters. If there are no
abstentions and the voters select the parties according to their location in the
space, it is rational for the parties to behave in this way. However, if there are
abstentions, if voters on the extremes fail to turn out because the differences
between the parties near the center are not significant enough from their
perspective, then the parties will converge less. They will distinguish their
positions in order to get some of those voters who might abstain. And if the
population polarizes and not everyone is sure to vote, then there will be
further pressures for the parties to differentiate themselves.75
For our purposes, the first thing to note is that by our criteria for popular
control, if the parties are offering essentially the same positions, then the
choice criterion is violated. If the people do not have a substantive choice to
make, then they cannot exercise popular control by expressing their prefer-
ence between two (or more) such alternatives.
Reacting to an environment of ideologically similar and undisciplined pol-
itical parties, reform efforts in the mid-twentieth century focused on fostering
the model of “responsible parties.” The idea was to develop two cohesive and
disciplined political parties to offer the public a definite choice and allow that
choice to determine policy via the implementation of a clearly articulated
party program.
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so on. There is a kind of division of labor. The farmers focus on farm policy and
other groups focus on their issues. Many distinct subgroups view various
issues as important and those few may become highly informed about those
issues and probably less open to change on their issues of highest importance.
So, to elaborate on Dahl’s example of “minorities rule”: if a distinct minority
attaches importance to farm policy (perhaps the farmers and agriculture
sector) and a distinct minority to a foreign policy issue (say those Jewish voters
who feel strongly about supporting settlements on the West Bank), and a
distinct minority to fiscal policy (say the deficit hawks on the budget) we
can easily imagine intense-issue minorities pushing their parts of a package
that has majority support overall—but within which each component is
extremely unpopular. Perhaps Dahl’s example of 75 percent against each
component is an extreme case, but both the logical possibility and empirical
vulnerability are evident.
But even with these limitations, there is no denying that if there is majority
support at the end of the day for a given package or platform, and if the public
chooses it, and if it is implemented, then there is a kind of control being
exercised by the majority—even if its elements are all, taken separately,
unpopular. Note that the intense-issue minorities are precisely the voters
who are least likely to change their views or even be open to opposing points
of view. In natural settings, they are least likely to be open to deliberation.
So the decision is likely to be a consequence of issue mobilization of intense
minorities to achieve their views in the platform or policy package. It is
popular influence by intense minorities, not popular control by a deliberating
populace.
Yet even if all these conditions are satisfied, it is a blunt form of popular
influence. As Schattschneider famously remarked: “The people are a sovereign
whose vocabulary is limited to two words, ‘Yes’ and ‘No.’ This sovereign
moreover can speak only when spoken to.”80
More nuanced and policy-specific input from the public could be facilitated
if there were more than two major parties. If there were multiple parties with a
real chance for office, then citizens could more easily connect their policy
preferences to their representatives. They would not be forced to choose one
of only two predetermined packages, perhaps neither representing their pre-
ferred views. However, the prospects for viable multiparty systems depend,
crucially, on the electoral system. The American style of plurality elections
(whoever gets the most votes within a district wins) provides strong incentives
for two parties rather than multiple parties. Voters hesitate to “waste” their
votes on third or fourth parties with no realistic chance.81 Of course, with
geographical districts there can be third parties with negligible showings in
some regions but strong prospects in others. But the logic of the situation for
mainly two parties in any geographical area plays out nevertheless.82
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Of the 20 countries with the longest democratic history . . . all of which are
undoubtedly stable and consolidated democratic systems, no fewer than
three—Luxemberg, the Netherlands and Switzerland—fail even the one-
turnover test during the more than sixty years from the last 1940s to
2010, that is, they experienced many cabinet changes but never a com-
plete turnover, and six—the same three countries plus Belgium, Finland
and Germany—fail the two turnover test.84
While Lijphart makes a case for better policy consequences (by his lights) in
the consensual (multiparty) democracies, there does not seem to be a case for
better popular control of who governs or what they do. Six of the twenty
countries did not have even two turnovers over a sixty-year period. The
intermediate stage of coalition formation and reshuffling makes the construc-
tion of governments and their policy priorities a matter of elite negotiation.85
The people have an effect on who the players are,86 but their effect on the
results is greatly muted by this intervening stage.87
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32
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