BFN - Chapter 7

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leg.P - process that includes several types of argum.ion n bargaining
- demanding conditions of fair proced. and PSups of comm that undergird L laMa
- "the reason that posits and tests norms has assumed a procedural form"

Rel bw idealizations and empirics
- latter - analyze PolS in terms of strategic interactions - governed by interests or in terms of Sfxing
- "As I understand it, this question does not imply an opposition between the ideal and the real, for the normative content I initially set for for reconstructive purposes is partially inscribed in the social facticity of observable political processes."
- Rec soc.y of dem. must choose its basic concepts so it can identify "particles and fragments of an 'existing reason' already incorporated in political practices, however distorted these may be'"
- No phil. of history needed to support it

..288
- premise that even at empirical level, desc. of dem.pro can't be undertaken with refernce to V dim of law, Ling force of the dem.gen. of law


Now examining the XrBFV
- "the tension between the normative self-understanding of the constitutional state, as explained in discourse-theoretic terms, and the social facticity of the political processes that run their course along more or less constitutional lines"
- how comm.p ought to be related to Adm.P and SocP
- dev. of proc. concept of dem.pro
- breaks with holistic mod of soc centered on ST
- claims to be neutral with respect to WVs and FoL
- goal is to clarify "what it  means to 'confront' the idea of the self-organization of freely associated citizens with the rality of highly complex societies"

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7.1 Normative vs Empiricist Models of Democracy

Empiricist
- excluded by approach which assumes that conceptual link bw pol.p n law becomes emp. relevant thru UPSups of L laMa and the inst.ion of corresponding practice of self-gov by citizens
- purges concept of P of Nauthority gained thru IX w leg.law
- reduce Ncharacter that permeates legal forms for the excercise of PolP - to social power
- P
- SocP - expresses itself in ability to prevail of superior interests that can be pursued more or less rationally
- PolP - more-abstract and permanent form of SocP that licenses acces to AdmP
- AdmP - various gov. offices
- POV is X - uses different terms to desc. both claim to L expressed by Legal form of PolP n need for Lion that requires recourse to specific standards of V
- cond. for acceptability of law and Pol.A  -> cond. of actual acceptance
- cond. of Ly of law -> cond. for stability of a generally held belief in the gov.'s L

Theories which N.Intentions but borrow empiricist and OPOV from soc.sci
- cryptoN approach - demonstrates practices can be L.ated from PPOV in terms of empiricist categories
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- assume NVC lack cognitive meaning - explain how ind. interests of elites and citizens provide them with good reason for making their contribution to the Ndemanded L game of LMDem
- justification of such a model - then external relation BFV would become pointless


Werner Becker - empiricist justification of the democratic rules of the game
- borrows empiricist materials
- P - in general is displayed in the empirical superiority of the stronger interest or will
- PolP - displayed in the sheer stability of PolO
- L - a measure for stability - measured by de facto recogn. by governed
- can range from toleration to free consent
- consent creates L is based on subjective reasons - claim validity w/in ideological fram but resist objective assessment - reason interchangeable, if they contribute to stability
- stability of dictatorship - can be based on a socially recogn. framework of L.ion
- "'It is an illusion of liberals and democrats to think that dictatorships can only surviv under the 'protection of the bayonet'"
..291

Dem
- as rules governing U and equal suffrage, party competition and majority rule
- SocNorms - V only means connection with sanctions effective for stability
- doesn't Nly justify arrangement
- aimes to demon. that even if Part. describe themselves in empiricist catgetories - they can have good reason for adhering to the rules of MDem game
- Explains observance of N by those that hold power - restriction of pol.activity of citizens not undertaken - and losers keep peace - peaceful transfer of power

Justification - 3 steps - includ. objective explanation and translation of OPOV to rat.choice explanation into PPOV
- "indifference point" aimed at - obj. explanation can be accepted as a sufficient explantion for PPOV
a. In plural.dem - L from maj.vote reached in FESelections
- plausibility - from specifically ModWV and SelfU - grounded in ethical subjectivism
- secularizes Judeo-Christian understanding of the equality of each ind. before God
- transcendent origin of obligatory commands - replaced with immanent V - anchored soley in subject's own will
..292
- mod. understanding of freedom - V of accepted norms gen. by ind. thru free consent - deliberately produced
- corresponds with pos.law - includes into law what is chosen to be included by pol.lawgiver, and only that
- fits with critical rationalism - mod.convictions aren't rationally justified - express decision or a cultural shaping that has become dominant
- Part.ers acceptance of view - tempted to ground ethical subjectivism - ex. human rights, deontological version of MPOV
- But empiricists say - rationalistic escapes - lead away from specific insight into the irreducible contingency of what is considered valid
- insight makes explanation so far insufficient
b. Acceptances of majority rule - as a domesticated struggle for power
- if equality of individuals in terms of power is accepted, then maj. of votes is an expression of superior strength
- maj. convergence on a view - implied threat to revoke renouncement of violence if will isnt obeyed
- dem. - set time of rule of one part of the people by another part
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- given latent threat of civil war - temporally lim. maj. rule - seems "'acceptable solution of the power question'" for minority as well
- from PPOV - domestication of violence has priority for all, but unsatisfactory if protection from tyranny of the majority isn't clarified, as well as how disputing parties will subject selves to maj.rule
c. Basic liberties - explained by fear of maj. becoming min.y at some point
- both sides have reason to obey RoG
- conditions for safe transfer of power - electorate ideologically split - elites win majorities by programmatic means - promise social rewards
- "the process of gaining legitimation boils down to an interplay  between 'ideologicopolitical' and 'socio-political' means" - interplay explained by fact that interests' satisfacition not based on objective measure - requires convincing interpretation
- not satisfying for public to view dem.proc. as the ideological plunder
..294
of competing parties
- public needs reasons to believe for prefering one party over another -
- can't be translated into acceptable interpretation from PPOV
d. Pol.args are exhausted by rhetorical functions - intended to be perlocutionary effective
- dem. is a matter of est. conditions for dem. acceptability of the goals that parties can pursue
- arg. as advertising - weapons that circumvent use of physical force
- NLaden pol.debate have emotional effect - meant to create mass commitments - social-psychological not cognitive function
- need to explain acceptance of "pseudoargumentatitve advertising" by citizens who see thru emotional meaning
- enlightened citizens are seen as viewing pol.proc as compromise formation
- need to explain what grounds acceptance of compromises
- if social justice is merely a notion produced by rhetoric, why are compromises accepted?
..295
- < social justice - merely the fair balance among interests of socgroups
- something like fairness must be smuggled in
- Becker < parity of weapons nec. for RoG
- justification of procedure as impartial must explain why outcomes from particular procedure may count as fair - which is ISubly recognized, even for different reasons

Purposive-rational reasons can't bridge difference bw OPOV and PPOV
- reflects performative self-contradiction that ensnares empiricist theory of dem
- book titled "decision for democracy" - if one accepts premises of book and there is no Nreasons for accepting democracy and so is purely a decisionist achievement, then book itself can only be viewed as ideological advertisement for liberal constitutionalism



..296

From standpoint of legaltheory - central element of dem.pro in del.proc.
- distinct view of society
- view of society from received MoDem - society centered in ST

Lib.MoDem
- dem.pro effected exclusively in form of compromises among interests
- rules of compromise formation - meant to secure fairness of results - thru universal and equal suffrage, representative compositon of parliamentary bodies, mode of deMa, rules of order
- justified as lib. basic rights

RModem
- DWF - thru ethicopolitical SU
- del. has subs. support of culturally established background consensus shared by citizenry
- soc.Integrative preunderstanding - renewed in ritualized recollection of the founding

DMoDem
- dem.pro. - establishes network of pragmatic considerations, compromises, discourses of SU and J
- grounds presumption that reasonable or fair results are obtained insofar as the flow of relevant information and its proper handing have not been obstructed
- PrR doesn't reside in hrights, ethical subs. of specific com.
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- in rules of discourse and forms of arg. that borrow Ncontent from Vbasis of MUOaction
- "In the final analysis, this normative content arises from the structure of linguistic communication and the communicative mode of sociation"
- set stage for Nconceptualization of ST and SOC
- only need to PSup - type of pub.admin. emerged in early-modern period with Eu NationState and dev. fx ties with cap.Eco


RMoDem
- Citizens' OWF - medium thru which society constitutes itself as a pol.whole
- From start - soc is PolSoc
- for in the citizen's practice of pol.self-det. the comm. becomes consc of itself
- acts upon itself thru citizen's collective will
- Dem = pol.self-org. of society as a whole
- leads to an offensive understanding of politics directed against the state apparatus
- Arendt - rep.ism
- in opposition to civil privatism of depol. population
- in opposition to prod. of mass loyalty thru parties - arms of ST
- PPubS - should be revitalized to the point where regenerated citizenry can
- in forms of decentralized self-governance
- appropriate bureaucratically alienated ST P.
- society could dev. into pol. totality

LMoDem
- gap bw STAp n SOC - can't be elim.,  only bridged by dem.pro
- regulated BoP and interests must be channeled by RoL
- DWF of self-interested citizens - comparatively weak Nconnotations
- forms only one element in complex constitution
- Const
- to curb AdmP thru Nprovisions - basic rights, sep of power, statutory controls
..298
- to motivate ST thru competition among PolParties, bw incumbents and opposition, to take account of SocInterests and VOrie.
- state-centered understanding of politics
- can forgo unrealistic assumption of citizenry capable of collective action
- focus not on input of RPWF but on output of successufl gov. activities
- Lib.arg.ion - aimed against potential for disrupt of spontaneous social commerce of private persons by Adm.P
- Based not on dem.self.det - the const. framework for eco. soc. supposed to guarantee essentially nonpolitical common good by satisfied personal lifeplans and private expectations of happiness.

DMoDem
- stronger Nconnotations than LMoDem, weaker than RMoDem
- from RMoDm - center - POWF - without viewing constitution as secondary
- const.principles - consistent answer to how demanding comm.forms of DOWF can be inst.ized.
- depends not on col.acting cnry - inst.ion of corresponding procedures and conditions of comm., as well as on interplay of inst.ized del.proc. with informally dev. PubO
- "Proceduralized popular sovereignty and a political system tied into the peripheral networks of the political public sphere go together with the image of a decentered society"
- No notion of a social whole - centered in the ST and imagined as a goal-oriented subject writ large
- Whole is not a S of const.norms mechanically regulating the BoPnI as in market model
- Motifs of phil.consc dropped
..299
- can lead ascription of citizen's practice of self-det. to Macrosocial Subject - citizenry as col.actor - reflects the whole and acts for it
- refer the anon. RoL to competing ind. subjects - ind. actors as dep.var. in power processes - operating blindly, beyond ind.choice - at most aggregation of col.decisions, not cons. formed and executed

DMoDem
- "higher-level intersubjectivity" - of processes of reaching understanding that take place through dem.procedures or comm.network of PubS
- both inside and outside parliam.complex and its del.bodies
- "subjectless communications form arenas in which a more or less rational opinion-and-will-formation can take place for political matters, that is, matters relevant to the entire society and in need of regulation."
- flow of comm
- bw POF - inst.ized elections - legis.decisions
- meant to guarantee that influence and comm.power are transformed thru legis. into adm.power

Like LMoDem - separation between ST and Soc is respected
- but CivSoc - soc.basis of Auto.PubS different from EcoS and PubAdm.
- requires realignment of import. of resources for integration and steering - $, Admin, Solidarity
- soc.integrating force of Sol - can no longer be drawn solely from sources of comm.a, must dev. thru widely diversified, moreless AutoPubS
- as well as thru DOWFproc. inst.ized w/in const. framework
- Sol.y - should be able to hold its own agains $ and AdmP

Implications for view of L.ion and Pop.Sov.
- LMoDem - DWF - exclusive fx of L.ing exercise of Pol.P
- election results - license to assume the power of gov.

..300

- governing incumbents must justify use of P to public and parliament
- RMoDem - DWF - fx of constituting society as a pol.com., keeping founding act alive with each election
- incumbent gov. - not only empowered by election bw competing elites to exercise free mandate
- also programmed by voters to carry out certain policies
- more of a committee than an arm of the ST - part of self-gov. pol.com., not head of a separate branch of gov.

DMoDem.
- proc. and comm.PSups of DOWF - fx - as the most important sluices for the Disc.R.ion of the decions of an Adm. bound by law and statute
- R.ion - more than L.ion, less than const.ion of power
- power available to the adm. alters its aggregate condition as long as it remains tied in with a DOWF that doesn't just monitor exercise of PolP after the fact, programs it as well
- only Pol.S. can act
- SS specialeized for col.bind.dec.
- Comm.struc. of PubS. - far-flung network of sensors that react to the pressure of society wide problems and stimulate influential opinions
- PubO - worked up via dem.proc. into comm.P cannot rule of itself - can only point the use of Adm.P in specific directions

Pop.Sov.
- stems from Rep. appropriation, reevaluation of the early-modern notion of sov. initially coupled with the abs. ruler
- ST - monopolizes means for the L application of force - presented as concentration of P able to overcome all other Ps of this world
- Rousseau - carried over to the will of the united people
- fused it with the classical idea of the self-rule of free and equal persons, incorporated it in the mod.concept of AU
- despite this sublimation, concept of Sov. remained bound to the notion of embodiment in the people

..301

- RMoDem - people, at least potentially present, bearers of sov. that in principle cant be delegated - in sov. character, can't be represented
- const.authority is grounded in citizen's practice of self.det., not in representatives.
- LMoDem - more realistic view - in a const.dem., Pol.Au emanating from the people is exercised only by means of elections and voting and by specific legis.exec.judic. organs

Two views - exhaust alternatives only if one dubiously conceives ST and SOC in terms of the whole and its parts - whole const. by sov.cny or by const.ion
- DMoDem - image of a decentered society - albeit a society in which the PPubS has been differentiated as an arena for perception, identification, and treatment of problems affecting the whole of society
- giving up phil.subject - neither concentrate sovereignty concretely in the people, nor banish it in anon.const. structures and Ps
- the "self" of the self-org.ing legal com. disappears in the "subjectless forms of comm." that regulate the flow of disc.OWF - their fallible results enjoy the presumption of being reasonable
- pop.sov - reinterpreted ISub.ly
- becomes anonymous - retreats into dem.proc. and the legal implementation of their demanding comm.PSups
- makes itself felt as comm.gen.power
- "Strictly speaking, this power springs from the interactions among legally institutionalized will-formation and culturally mobilized publics.  The latter, for their part, find a basis in the associations of a civil society quite distinct form both state and economy alike"



In Procedural Terms - Pop.Sov. refers to social-boundary conditions
- enable the self-org.ion of LCom
- aren't immediately at disposition of cns' will

..302

- NSU - requires discursive mode of sociation for the legal comm.
- mode doesn't extend to the whole of society in which the const.lly organized political system is embedded
- even within own understanding - del.pol. remains part of a complex society, which, as a whole resists the N approach of legal theory
- Discourse-theoretic reading of society
- has point of contact with a detached social-scientific approach that considers the PolS as neither apex, center, nor structural core of society
- just one action system among others
- Provides safety mechanism for solving problems that threaten Soc.Int
- politics must be able to communicate thru medium of law with all other LO Act.S - however these are structured / steered
- PolS depends on the performance of other S - more than in trivial manner
- ex. fiscal performances of the EcoS
- Del.pol. IX with contexts of Rat.LW that meets it halfway
- true both for the politics governed by the formal procedures of an inst.ized OWF and occuring only in informally in networks of PubS
- Del.filtered pol.comm. - depend on lifeworld resources
- on lib.pol.culture
- on enlightened pol.socialization
- on initiatives of Obuilding associations
- "To a large extent, these resources form and regenerate spontaneously, and in any case they are not readily accessible to direct interventions of the political apparatus."


7.2 Democratic Procedure and the Problem of its Neutrality

Discourse concept of democracy
- rejected received notions of pol.const.socit
- not obviously incompatible with the form and mode of operation of functionally differentiated societies
- question as to how discursive social relationas are possible under the conditions for the reproduction of complex society
- nec. to operationalize proced. core of dem. at the right level
- in dem. procedure - ideal content of PrR takes a pragmatic shape
- realization of the systems of rights is measured by the forms in which this content is inst.ized
- sociological translation of proc. understanding of democracy - must in regard to Ncontent of const.ST - start neither too high nor too low


Bobbio - deflationary strategy
- Global social changes - contradict promise of classical conceptions
- polycentric society of large orgs. has emerged
- influence and PolP - pass into hands of col.actors
- can be acquired, exerted less and less than by associated individuals
- competing interest groups have multiplied, making impartial WF difficult
- apathetic masses have become alienated from elites - who become indep. oligarchies - paternalize voiceless citizens
- Cautious formulation of dem.RoG - only way a meaningful discussion of dem. is possible, is to consider it as characterized by a set of rules - est. who is authorized to take col.dec. and which procedures are to be applied.
- Procedural minimum - guarantee
- pol.part. of as many interested citizens as possible
- maj. rule for pol.dec.
- usual comm. rights and therewith the selection from among different programs and pol.elites
- protection of the privae sphere
- Min.ist strategy - advantage - descriptive character
- grasps Ncontent of polS as they already exist in W-style societies organized as NatST
- Bobbio can assert - min.content of dem. state has not been impaired

..304
- guarantees of bas.libs., competing parties, periodic elections with universal suffrage, col.decisions or the result of compromise, or made on basis of maj.principle, "or in any event as the outcome of open debate between the different factions or allies of a government coalition."

NContent evident in dem.proc. not exhausted in this operationalization
- mention of public controversies - doesn't touch on Ncore of proc. understanding of dem.
- point of which is: "the democratic procedure is institutionalized in discourses and bargaining processes by employing forms of communication that promise that all outcomes reached in conformity with the procedure are reasonable"

Dewey
- Majority rule as such - as foolish as its critics charge it as being
- "'But it never is merely majority rule... 'The means by which a majority comes to be a majority is the more important thing': antecedent debates, modification of views to meet the opinions of minorities... The essential need, in other words, is the improvement of the mentods and conditions of debate, discussion and persuasion.'"
- Del. politics - acquires its L force from disc.structure of OWF that can fulfill its socially integrative function only bc czs expect results to have reasonable quality

Discursive level of pub.debates - most important variable
- must not be hidden away in the black box of operationalization satisfied with crude indicators


Cohen
- del.politics - in terms of an ideal procedure - of del. and deMa
..305
- should be mirrored in soc.insts. as much as possible
- retains idea that Soc as a whole is del.steered, pol. constituted
- notion of delib. dem - rooted in intuitive ideal of dem.association
- the justification of the terms, conditions of association proceeds thru public argument and reasoning among equal cns
- czs share commitment to the resolution of prob. of collective choice thru pub. reasoning and regard their basic insts. as L in so far as they establish the framework for free public delib.


JH
Procedure from which proc.correct decisions draw L
- core structure in separate, const. organized pol.S
- not model for all Soc.Insts. - nor all gov. insts.
- inflation of del.pol. into structure shaping the totality of society
- the disc. mode of sociation expected in LegS - would have to expand into a self-org.ion of society, penetrating the latter's complexity as a whole
- impossible! simple reason is that "democratic procedure must be embedded in contexts it cannot itself regulate"


Cohen - Plausible characterization of procedure

a. proc. of del. in args. form - that is, thru the regulated exchange of info. and reasons among parties who introduce and critically test proposals
FN - 549 - Del. is reasoned - parties required to state ground for advanc.support.criticiz.ing proposals - reasons offered to bring others to accept props, given disparate ends, comm. to settling conditions of their assoc. thru free del. among equals.

b. del.s are inclusive, public - no one may be excluded in principle - all those possibly affect by the dec. have equal chances to enter and take part

c. del.s are free of any external coercion - part.s are sov. - bound only by the PSup of comm. and rules of args.
FN - Not constrained by authority of prior Ns or requirements

d. dels.s are free of any internal coercion that could detract from the equality of the part.s. - each has equal opportunity to be heard, intro. topics, make contributions, suggest and criticize props - taking YES / NO
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pos. is motivated solely by the unforced force of the better arg.
FN - part.s subs. equal - existing dist. of P and resources doesn't shape chances to contribute to del., nor does dist. play authoritative role in del.


Conditions specifying procedure in view of the pol. character of del. processes:

e. del.s aim in gen. at RMA, can in principle be indef. continued or resumed at any time.
- pol. dels. must be concluded by maj.dec. in view of pressures to decide
- IX with del.prac. - maj.rule justifies the presump. that the fallible maj.opinion may be considered a reasonable basis for a common practice until further notice
- until minority convinces the maj. that their views are correct
FN - even under ideal conditions - no promise that consensual reasons will be forthcoming.  if they are not, then del. concludes with voting, under maj.rule.  Such conclusion doesn't erase difference bw del. col.choice and non-del. aggregation of pref.s

f. pol.del. extend to any matter that can be regulated in the equal interest of all
- doesn't imply that matters trad.considered private could be withdrawn from discussion
- in particular, those questions are publically relevant that concern the unequal dist. of resources on which the actual exercise of rights of comm. and part.ion depend
FN - inequalities of wealth - or absences of inst. measures to redress consequences of those inequalities can serve to undermine the equality required in del. arenas themselves

g. pol.del.s include the interpretation of needs and wants and the change of prepolitical attitudes and preferences
- Consensus gen.ting force of arguments is not based only on a value consensus prev. dev. in shared traditions and FoL
FN - interests, aims, ideals that comprise common good - those that survive del. - interests that on pub.reflection, we think it is L to appeal to in maknig claims on pub.resources



Every association that inst.ize such a proc. for the purposes of dem. regulat. the conditions of its common life thereby consts itself as body of czs

- Forms a particular LCom - delimited in space and time, with specific FoL and trads.

- Distinctive cultural identity - doesn't designate it as a pol. com. of czs.

- "For the democratic process is governed by universal principles of justice that are equally constitutive for every body of citizens.  In short, the ideal procedure of deliberation and decision making presupposes as its bearer an assocation that agrees to regulate the conditions of its common life impartially.  What brings legal consociates together is, in the final analysis, the linguistic bond that holds together each communication community."
FN - Walzer - integration problems in mod.socs created by four mobilities:  - growing mobility of marriage partners, residences, social status, political loyalties
- loosen ascriptive bonds to family, locality, social background, political tradition
- for affected inds - implies ambiguous release from trad. living conditions - tho soc.integrating and providing orientation and protection are also shaped by dependencies, prejudices, oppression.
- ambivalence of release - increasing range of options available to the ind. - "sets her free."
- neg. freedom - isolates ind., compels her to pursue interest in more or less purposive-rational fasion
- pos. freedom - enables her to enter into new social commitments of her own free will, appropriate traditions critically, construct own identity in deliberate way.
- in last instance, only linguistic structure of social relations prevents disintegration - inds. aren't moved so far appart that individuals can't talk to on another - even pol. conflict in lib. societies rarely takes forms so extreme that protagonists are beyond negotiation and compromise, procedural justice, very possibility of speech.


BUT
Image of del.politics
- omits important internal diffs.
..307
- silent about rel. bw decision-oriented del.s - regulated by dem.pro. and informal processes of OF in PubS
- procedures don't simply organize voting that follows informal OF, they at least regulate composition and operation of assemblies that convene for a sitting in which an agenda is negotiationed and resolutions are passed if necessary.
- in setting up parliamentary procedures, deMa Ps and responsibilities provide reference point from which socially bounded and temporally limited publics are constituted
- determine how deliberations are structured thru args and specified in regard to matter at hand.

- dem.proc. - in such arranged publics structure OWF processes with view to cooperative solution of practical questions - including negotiation of fair compromises
- operative meaning of regulations consists less in discovering problems than in dealing with them
- less to do with becoming sensitive to new ways of looking at problems thatn with justifying selection of a problem, and choice bw competing proposas for solving it
- publics of parliamentary bodies structured predominately as a context of justification
- depend on ad of preparatory work and further processing, also on context of discovery - provided by proced. unregulated PubS borne by gen. public of citizens

Weak public
- vehicle of PubO
- OF uncoupled from decisions - effect in open, inclusive network of overlapping, subcultural publics - fluid temporal, social, substantive boundaries
- within framework guaranteed by const. rights - structures of such a pluralistic PubS dev. more or less spontaneously
- currents of public comm. - channeled by mass media - flow thru different publics that dev. formally inside associations
- taken together - form wild complex - resist organization as a whole
- "On account of its anarchic structure, the general public sphere is, on the one hand, more vulnerable to the repressive and exclusionary effects of unequally distributed social power, structural violence, and system-
..308
-atically distorted communication than are the institutionalized public spheres of parliamentary bodies.  On the other hand, it has the advantage of a medium of unrestricted communication."
- New problem situations can be more sensitively perceived, discourses aimed at achieving self-understanding can be conducted more widely and expressively, collective identities and need interpretations can be articulated with few compulsions than in proc.regulated PubS.
- Dem.const. OWF depends on supply of information PubOs - that ideally dev. in structures of an unsubverted PPubS
- Informal PubS - must enjoy the support of a societal basis
- equal rights of citizenship have become socially effective
- only in an egalitarian public of citizens that has emerged from the confines of class and thrown off the millenia-old shackes of social strateficaiton and exploitation can the potential of an unleashed cultural pluralism fully develop.
- potential bounds just as much in conflicts as in meaning-generating FoL

- In secularized soc.
- which has learned to deal with its complexity consciously and deliberately
- the comm. mastery of these conflicts constitute the sole source of solidarity among strangers
- strangers who renounce violence
- and in the cooperative reuglation of their common life, they concede one another the right to remain strangers.


Excursus on the Neutrality of Procedures

"Deliberative politics thus lives off the interplay between democratically institutionalized will-formation and informal opinion-formation."

- Can't rely on channels of proced.regulated deliberation and decision-making
- Critiques of Ackerman's explication
- spells out cond. for a L.ion.disc. - in which power holder must justify her more important decisions to opponents
..309
- rule should make impartial / consistent judg. of practical questions possible
- powerholder must remain neutral to competing CoGL
- No reason is good if it must be asserted:
- His CoG - better than those asserted by any fellow citizen
- He is instrinsically superior to one of fellow citizens
- Neutrality - means - priority of right over the good - questions of the good recede behind questions of justice

If neutrality requires bracketing of questions out of pol.discourse - disc. would forfeit power to rationally change prepolitical attitudes, need interpretations, value orientations
- conversational restraint - prac.qs which are prima facie controversial - shouldn't be pursued
- amounts to treating q of the good as private affairs
- rules of avoidance - gag rules
- depend on received distinctions bw private and PubS - themselves excluded from discourse
- would at least implicitly prejudice in  favor of an inherited background of settled traditions
- without opportunity to sound possibilities for reaching consensus

Larmore - different reading of neutrality
- doesn't deny that such discussion should encompass not only det.ing what are the probable consequences of alternative decisions
- whether decisions can be neutrally justified
- clarifying one's notion of the good life
- trying to convince others of the superiority of various aspects of one's view of hflourishing
- the ideal demands only that no decision of state can justified on supposed instrinsic sup/inferiority - so long as some view of the GL remains disputed

..310

Neutrality debate branches - even this tolerant version of the neutrality thesis is contested
- Communitarian side
- radical objection - standards for an impartial judgment of pr.qs - can't be separated form the context of specific WVs and life projects
- no presumptively neutral principle can ever be neutral in fact
- apparently neutral procedure - reflects a specific CoGL
- a neutral proc. must not serve to implicitly serve to realize preferred values or gaolas that prove to have priority from particular vantage point
- would discriminte against citizens with different conceptions and value orientations

But - if neutrality principle is a necessary component of a practice that is without alternatives or substitutes and in this sense unavoidable
- unavoidable - if it fulfills function vital to the human life - cannot be replaced by any other
- Ackerman plays on unavoidability - If we disdain the art of constrained conversation - how will we come to terms with each other?  Is there another way beyon excommunication and brute suppression
- avoiding violent clashes
- we must engage in a practice of reaching understanding - whose procedures and comm. PSups are not at our disposition

Larmore - neutrality traced back to universal RoA
- neutral justification of pol.neut. - based upon what I believe is a UN of rat.dialogue
- disagreement about specific point - each should prescind from beliefs that the other rejects
1. in order to construct an argument on the basis of his other beliefs that will convince the other of the truth of the disputed belief
2. in order to shift to another aspect of the problem - where the possibilities of agreement seem greater
- those who wish to continue the conversation should retreat to
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neutral ground - with hope of resolving the dispute or of bypassing it
- neutral dialogue - requires transition to higher level of abstraction characteristic of justice discourse
- part.s examine what lies in the equal interest of all concerned
- in Larmore's approach - transition as a specila case of a general postulate of rational discourse

Communitarian Objection - radicalized further
- the reconstruction of such a URoA - must rely on intuitive knowledge of ind. participants in rat.discourse - normally our own knowledge
- the reason - conds for the disc. vindication of a VC - are always already implicitly known - reflexively grasped only from PPOV
- implication - ind. w/ different CoGL - will often also have somewhat different notions ofthe ideal conditions under which they believe they could justify their conception to others


Larmore
- even U grammatical knowledge - to certain extent interwoven w/ particular linguistic ontology or with ind's SU and WV
- BUT if this is granted - worst one should expect is that the explcation of antecedently acquired knowledge will exihibit POVial distortions
- "One need not expect that this knowledge itself, which is always already employed, will take as many diverse forms as there are perspectives"
- "The ever fallible and possibly even false reconstruction does not touch the always already functioning knowledge"
- We may assume - know-how informing arg.practices - represents a point of convergence where participants can at least intuitively meet in their efforts to RU
- "In all languages and in every language community, such concepts as truth, rationality, justification, and consensus, even if interpreted differently and applied according to different criteria play the same grammatical role."
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- For societies with:
- positive law
- secularized politics
- principled morality
- have made the shift to a postconventional level of justification
- expect members to take a reflexive attitude toward their own respective cultural traditions
FN 551 - even religious/MP WVs lose fundamentalistic character - w/o giving up claim to truth - must take up fallibilistic PSup of secularized thought insofar as they reflect on the fact that they compete with other interpretations of the world within the same universe of VC. Rawls' reasonable CompDocs.


Liberal objections
- against the opening of pol.disc. to whatever questions / arguments any party wants to bring forward
- against thesis proposed by feminists - that any topic that at least one part. considers publicly relevant - must be valid item for pub.disc.
- fem. authors fear liberal neutrality principle - makes items hitherto designated as private according to conventional standards
- Fraser - belief that domestic violence is matter of common concern -limited to feminists - succeeded thru subaltern counterpublics to make it a common concern
- fear of removing the topical / thematic limits on pol.discussion - will undermine the legal protection of the PrivS, endangering personal integrity of ind.

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- J.D. Moon - bias against privacy
- without antecedent delimitation of sphere in which individuals are not publicly accountable for everything they do
- appear unconstrained discourse - in order to settle what the boundaries of the private should be
- but such discourse itself violates those boundaries because it rests on demand for unlimited self-disclosure

Dilemma dissolved when confusions bound up w/ two conceptual pairs - Priv v Pub, Constr and Unconstr
- proced. constraints on public disc.  distinguished from limitation on range of topics open to PubDisc.
- tolerant version of neutrality principle - not only informal but proc.reg. OWF - should be open to ethically relevant qs of GL, coll.id, need interp.
- legislators enacting norms defining "spousal abuse" - be able to include corresponding topics and contributions in their debates wo detracting from impartiality of legislative proc.
- making something that has been considered a private matter a topic for public discussion - doesn't imply infringement of ind. rights
- Pub v Priv  distinguished in two respects
- accessability and thematization, and regulation of powers and responsibilities
- intimate sphere must be protected from intrusive forces, critical eyes of strangers
- but even that which is reserved to the decisions of private persons is withdrawn from public thematization and protected from criticism
- "every affair in need of political regulation should be publicly discussed, though not every legitimate object of public discussion will in fact be politically regulated."
- liberal misgivings about opening unrestricted spectrum of pub.issues and topics - ot justifed


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SysR - call for the simultaneous and complemtary realization of Pri. and Civ. Autonomy
- From N.standpoint - both are co-original, reciprocally presuppose each other - one remains incomplete without the other
- Division of pri-pub power and resp.s - must be divided in particular cases to realize civil rights - depnds on historical circumstances, on perceived social contexts
- Private sphere can't be delimited once and for all - from PubS oriented to common weal
- Boundary drawing must be a L object of PDebate
- Thematization of boundary questions - doesn't itself imply any encroachment on existing powers and responsibilities

Especially true if two-track del.politcs
- Gen.PubS - unconstrained - channels of comm. not reg. by procedures
- better suited for struggle over needs and interpretation
- Long road involving dogged efforts at staging public actions - before private matters even begin to acquire status of recog. pol. issues
- Long road before contributions on such issues - depending on competing interpretations of self and world - adequately articulate the needs of those affected
- After public struggle for recognition - can the contested interest positions be taken up by the responsible pol authorites, discussed, and if need be, worked into legis. proposal and binding decisions.
- Only regulation of newly defined criminal offense, or the implementation of a soc.program intervenes in the sphere of private life, and changes formal respon. and existing practices



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7.3 The Sociological Translation of the Concept of Deliberative Politics

Finding where and how procedures find place in life of a complex society

Dahl
- chooses indicators which more fully capture the Ncontent of dem.proc.
- liberates intuitive understanding of dem.self-det. from substantialism of Aristotleian trad.
- our common good rarely consists of specific objects, activities, relations
- ordinarily consists of the practices, arrangements, institutions, processes that in Trad.ist terms promote the well-being of ourselves and others - not of everyone but enough persons to make practices, arrangements acceptable.
- includes: gen features of dem.processes

Five postulates for procedure for reaching binding decisions lying in equal interest of all
- Guarantee
a. inclusion of all those affected
b. equally distributed and effective opportunites to participate in the pol.proces.
c. an equal right to vote on decisions
d. an equal right to choose topics, control the agenda
e. situation that allows all the partipcants to devel, in light of sufficient information and good reason, an articulate understanding of the contested interest and matter in need of reg.
- aims at the level of info. and the discursvie character of WF - each citizen ought to have adequate and equal opportunities for discovering,


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validating the choice on the matter to be decided that would best serve the czn's interes
- insofar as citizens' own interests/good requires attention to a public good or gen. interest - ought to have opportunity to acquire understanding of these matters
- Pub.discussions meant to serve this end


To date (1992)
- No actual pol.o - have sufficiently met 5 criteria mentioned above
- Unavoidable SocX - makes it necessary to apply criteria in diff. fashion
- Requires delegation of deMa and sensitive modification of decision procedures in general the legal and organizational reduction of complexity

Approximate implementation of procedure - no obstacle to
- Existing pluralist dem.y - S in which dem. proc. dont just have nominal form of rights of pol.part.ion and comm., but have actually been implemented in form of practices, even if selectively
- Dahl - polyarchies - with range of effective rights and inst.s that have gradually gained acceptance in growing num. of ModSTs
- 1930 - 15 European, 6 Non-Euro ST
- End of 1970s - approx.double
- Draws on modernization  research
- longitudinal sample - identify soc.indicators of MDP - modern dynamic pluralist societies favorable to dem.ion
- wellknown features - rel. high per capita income, long-run growth in per capita weath, market MoP shrinking prim. and second. sectors, rel. high degree of urbanization, high level of education, decreasing infant-mortality rate, increasing life expectancy
- Correlations among indicators - favorable soc. conditions for domestication of SocPower

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const. channeling of state's monopoly on force

"An MDP society disperses power, influence, authority, and control away from any single center toward a variety of individuals, groups, associations, and organizations."
- fosters attitudes / beliefs favorable to dem. ideas
- independently generated - reinforce each other
- dem.ion fostered not simply thru polycentric distribution of power emerging from fxlly diff. societies
- must be associated with liberal political culture supported by corresponding patters of pol. socialization
- only in framework of such pol.cul can conflictual tensions among competing FoL, identities, WVs be tolerated and handled w/o violence

Bottleneck to advances beyond present level of dem.ion
- in specialization of the technical steering knowledge used in policymaking and adm.
- keeps citizens from taking advantage of pol. nec. expertise in forming own opinions
- chief danger - technocratic varient of paternalism grounded in monopolization of knowledge
- privileged access to the sources of relevant knowledge makes possible an inconspicuous domination over colonized public of citizens cut off from sources, placated with symbolic politics
- hope placed on technical possibilites of telecomm.
- minipopulus - del and deMA - fxlly specialized and decentralized - proceeds thru specially informed assemblies of reps.
- fails to link n. argumetns with empirical analysis of implementation

Perhaps due to sociological analysis
- SocStruc. apprehended solely thru statistical distributions
- Language for the kind of descriptions that would allow one to conceive favorable constellations and trends as indicators of rational potentials already at work in society itself




Prod. of L law thru del.pol. represents a problem-solving proc.
- needs and assimilates knowledge in order to program the reg.ion of conflicts and pursuit collective goals
- pol - fills fx gap when other mechanisms of soc.Int are overburdened - thru language of law
- Law - medium thru which structures of mut.recog, known from simple interactions and quasi-natural solidarities,  can be transmitted, in abstract but binding form, to complex and inc. anon. spheres of fx diff society
- Law is internally structured - that for const. S to provide substitute for integration taking place below threshold of formal law, must do it at reflexive level

SocI thru dem.means must pass thru discursive filter
- where other regulators fail, pol. and law raise quasi-natural problem-solving processes above threshold of consciousness
- same kind of problems filled
- clear if one classifies standard for assessing gen.problems of soc.I according dif. aspects of V - truth, Nrightness, authenticity

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Soc's Integration - activities of coll. or ind. actors must be coordinated in such a way that dif. accomplishments, contributins to positively evaluted result fit together
- fx coordination - require cogn. orientation to circumstances and events in the objective world
- results - judged according to standards of technical, economic R.y
- success
- from PPOV - realization of coll.goals
- from OPOV - maintenance of given S, or attunment of Ss to one anotehr
- fx coordination - generalizes the concrete form of cooperation as in DoL
- neutral in regards to diff. bw SocI and SysI

2 other forms of coordination - moral regulation of conflicts and ethical safeguarding of identities and FoL
- only thru SocI
- problems
- conflicting claims - NOrient to LO of soc.world
- judged according to standards of moral R
- expressive id formation - Orient to shared CoGL, interpretation of needs
- judged according to standards of ethical R

Stand.s of efficiency, R deMa - Judge success of societal integration in gen.
- Peters - "social rationality" - evealue a society's reprod. as a more or less successful prob-solving process
- Observable stability - not sufficient indicator of rationality of solution


Society's in general - "problem-solving systems"
- success / failure - judged against criteria of R
- dem.pro. and disc. mode of sociation in LCom
- simply reflexive refinements and specializations of

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general mode of operation of Soc Ss
- dem.pro - make production of L law depend on presumptively reasonable treatment of problems that correspond to problems which have always already been dealth with unconsiciously in less specializes areas of Soc
- center of del.pol. - network of discourse, bargaining processes
- supposed to facilitate the rat.solution of pragmatic,moral, ethical qs
- themselves accumulating because of lack of fx, moral, ethical integration of soc.

Need for fx coordination arises today in complex soc.
- simple model of DoL bw experts / laypersons - doesn't suffice
- fulfillment only thru indirect forms of reg. action - steering - thru AdmS
- cognitive overburdening of del. pol. - by fx coordination, displacing moral and ethical problems
- support assumption that DOWF lacks complexity to digest operatively nec. knowledge
- capillaries of comm.network - structures of which horizontal, osmotically permeable, egalitarian
- steering knowdge can't penetrate

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Yet, uncoupling of AdmA from parliamentary control and displacment of issues didn't take place without resistance
- countertendencies arising - not accidental
- assuming very medium of law to which PolP is internally linked - requries dem.gen of L
- and this partly counterfactual supposition has empirical effects
- Pol.P used for cognitively demanding steering processes - still subject to constraints that result from juridical form of coll. bind decisions
- manifest themselvs in growing cognitive dissonance bw V suppositions of const.dem and the way things actually happen in pol.proc.


Mixed results in analysis of implementation of dem.pro in mod.soc
- del.pol loses much of unrealistic appearance if one views it as reflexively organized learning process
- removes burden on latent processes of soc.int.,
- continues processes within act.S specialized for this relief work
- in complex societies - gap bw need for coordination and lack of actual soc.int - grows the more the Adm.S has to accept tasks that inc. overburden costly del.mode of deMa

In overburdening - one sees how much the reality of complex societies resist the Nclaims invested in the insts. of the const. ST
- decision theory demonstrates - dem.pro. consumed from within
- by shortage of functionally nec. resources
- as sys.theory demonstrates - runs up against complexit of opaque and recalcitrant fx S

Inertial moments of soc - both in and out
- seemingly become independent in relation to del.mode of consc. and auton. effected association
- if reifying tendencies unavoidable - pointless to find conditions for a more extensive democratization of existing pol.s


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Society becoming Independent or reified
- not merely trivial resistance of every problems, and our deficits in our attempts to resolve them
- from PPOV - normal moments of inertia - perceived as differences bw N and reality
- contrast not bw an independent society-becomes-second-nature  with the fact that associated cns must adopt demanding comm. PSup of discourse in exercise of civ.AU
- misunderstanding of discursive character of POWF if Ncontent of general PSups of rat.discourse could be hypostatized into ideal model of purely comm.soc.rels


In everyday life - MU bw comm.actors - measured against VC that call for taking YNpos - against massive background of ISub shared LW
- claims open to criticism and contain, together w/the risk of dissent, the possibility of disc. vindication
- comm.act. refers to arg.proc. in which those taking part justify VC before an ideally expanded audience
- part.s in arg proceed on the idealizing assumption of a comm2 w/o limits in space, time
- Appel - part.s. - PSup possibility of an ideal community within their real social situation
- Anyone who engages in argument always already presupposes:
1. a real comm2 into which he has become a member thru socialization
2. ideal comm2 - that would be capable of adequately understanding args - judging their truth in a definitive manner

May mislead one into thinking i.comm2 has status of ideal rooted in the UPSup of arg. and able to be approximately realized
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- even Ispeech.situation - tempts one to improperly hypostatizing S of VC on which speech is based
- counterfactual PSups - do open a POV allowing them to go beyond local practices of justification, to transcend the provinciality of their contexts that inescapable in action and experience
- POV - enables them to do justice to the meaning of CTVC
- with these CTVCs - are not themselves transported into the beyond of ideal realm of noumenal beings
- IPSups adopted do not involve any kind of correspondence or comparsion bw idea and reality
- unlike the projection of ideals - in light of which we can identify deviations

Such projections can be Lly used for thought experiment
- essentialist misunderstanding - replaced by methodological fiction in order to obtain a foil against which the substratum of unavoidable socialx becomes visible
- in harmless sense - icomm2 presents itself as a model of pure comm. sociation
- in which only DOWF is available to self-organize
- prolems of SocI solved comm., without politics and law

FN - 552 - In contrast to "control model" of pure social rels
- Marx - to elucidate concept of intentional social relations brought about with will and consciousness, in Capital, he took the legal concept of civil union - the association of free human beings - linked with productivist motif of a cooperative comm of workers.
- imagined AU of self-org. society - as the exercise of conscious control over the MProcess of Production - analogous to mastery of nature - social subject has its own objectified learning process at its control or disposition
- subjectivist concept of AU - core problem of social self-org, the const./self-stabilization of such comm. disappears



Thought experiment not to be misunderstood
- Refers to concrete societies - it doesn't detach discursive processes of RU from the bases of comm.a but reckons on their being situated in LW contexts
- doesn't abstract from the finitude of comm.social rel.
- Conditions which enable comm. sociation musn't be mistaken for contingently imposed constraintgs
- avoiding individualistic fallacy - experiences of effects of others seen as limits on one's ind.freedom

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- Rather possibilities for affecting others - when legitimately regulated, based on assumed consensus - authorize the exercise of socially constituted freedom
- Settled but ISubly recognized norms - so long as they can be problematized - don't make themselves felt in the manner of external compulsions
- same holds for symbolism of LL and culture, grammars of the FOL in which socially related inds. find themselves
- All of these operate as enabling conditions
- Constraint by LW on latitude for action and interpretation - only in that they open up horizon for possible interactions and interpretations


Seeing intentional soc.rels as comm. mediated - not dealing with disembodied omniscient beings existing beyond empirical realm, capable of context-free action
- "we are concerned with finite, embodied actors who are socialized in concrete forms of life, situated in historical time and social space, and caught up in networks of communicative action."
- in fallibly interpreting a given situation - draw on LW resources, not under their control
- contingency of given traditions and forms of life not denied, nor is the pluralism of existing subcultures WVs interest positions

Actors aren't simply at the mercy of their LW
- LW reproduces itself only thru comm.a
- thru processes of RU that depend on the actors' responding with YN to criticizable VC
- " The normative fault line that appears with this ability to say no marks the finite freedom of persons  who have to be convinced whenever sheer force is not supposed to intervene."
- even under ideal conditions - discourses and bargaining can dev. their problem-solving force only insofar as the problems at hand are sensitively perceived, adequately described, and productively answered in the light of a reflexive, posttraditional transmission of culture.

RMU thru discourse - guarantees that issues, reasons, info - handled reasonably
- such understanding still depends on contexts characterized by a capacity for learning - both at a cultural and personal level

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- dogmatic WVs, rigid patterns of socialization can block a discursive mode of sociation


Peters - focus on moments of inertia inherent in the complexity of proc. of OWF
- evident when these proc. are supposed to satisfy the comm. PSup of rat.disc.
- occuring against background of a such a model of purely communicative social relations


"For this issue, the idealizations of pure communication provide a suitable foil for bringing out the functionally necessary resources for communication in general."
- ideal model
- doesn't take account of the info. and decision costs of the comm. process itself
- doesn't consider the limited capacities for cognitive processing afforded by simple horizontal networks of comm.
- it abstracts from the unequal distribution of attention, competences, and knowledge within a public
- ignores attitudes and motives at cross-purposes to the orientation to MU
- blind to egocentrism, weakness of will, irrationality, and self-deception of part.s
- In light of this strong idealization, the insights of systems theory and decision theory have an especially easy time displaying the facticity of a wolrd that is not set up this way.


"In the world we know, communications and decisions trivially take up a certain space and time of their own, they consume an energy of their own, they require a separate expenditure of organizational capacities, and so on."
- cost of missed/postponed decisions - due to selection of topics/contributions under time pressure
- unequal distribution of information / expertise - due to unavoidable DoL in the production / diffusion of knowledge
- comm. media have own selectivity
- PubS struc.s - reflect unavoidable asymmetries in the availability of information - unequal chances to have access to gen./val./shap./present. - ion of messages
- besides systemic constraints - accidental inequalities in the dist. of ind. abilities
- resources for participating in pol.comm. narrowly limited

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- the time available to indivs. and the episodi attention to topics and issues with histories of their own, readiness and ability to make one's own contributions to these topics, the opportunistc attitudes affects prejudices, and so on - detract from a RWF

Sketchy indications could be fleshed out w/help of extensive lit.

"The only question is what they mean in the present context"
- they illustrate deviations from the model of purely comm.soc.rels.
- make us aware of the unavoidable moments of inertia
- specifically - the scarcity of those fx nec. resources on which processes of del. OWF depend
- while no complex society could ever correspond to the model of purely comm.soc.rels
- model merely a methodological fiction
- meant to display the unavoidable inertial features of societal complexity
- hence the underside of comm.soc.rels - remaining hidden to even part.s - hidden in the shadow of iPSups of comm.a

BUT
Assumption of society without law, and politics and projects the democratic idea of self-organization onto society as a whole
- proced.concept of dem - idea takes shape of a self-org. legal community
- disc. mode of sociation - to be implemented thru medium of law alone
- law incorporates features from which model of "pure" sociation abstracts

Pos.Law
- reduces socX
- brought home to use by de-idealizations - in virtue of which legal rules can compensate for the cognitive indeterminancy, motivational insecurity, limited coordinating power of moral norms
- complementary relation bw law and M as a way for compensating for the weaknesses of action coordinated based on practical reason


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Basic rights and principles of gov. by law - steps toward reducing the unavoidable complexity evident in the nec. deviations from the model of pure comm.
- reductionX - still more clearly when such rights, principles spelled out in const. law, when proc. of del.politics are institutionalized
- certainly all inst. / org. mechanisms - are also est. to reduce complexity
- also have reflexive character of countersteering measures against a soc.X that infiltrates N PSups of gov. by law
- kind of complexity-preserving countersteering already at work in informal PubO plays off inst.ized, proc.reg. OWF
- comm. circulating in the PubS is especially vulnerable to the selective pressure of social inertia
- influence thus generated - can be converted into PolP only if it passes through the sluices of dem. proc, penetrates the const. org. PolS

Naive to overlook that const.reg. circ. of power in pol.S is subject to pressure of socX
- the objections that SysThe and Dec.The raise against the PSup of discursive mode of sociation in the LCom take on a different status once one considers that the inst. of the const. ST - have the character of a countersteering preservation of complexity
- Raises the question of how much the N countersteering of Const. insts. can compensate for comm. / cogn. / motivational limitations on del.pol. and the conversion of comm. into AdmP
- How much does the social facticity of these unavoidable inertial features

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provide point for the crystalization of illegitimate power complexes that are independent on dem.pro.
- particularly the power concentrated in social SS, large orgs, pub administrations inconspicuously settles into the systemic infrastructure of the Nreg circulation of power, and one must investigate how effectively the unofficial circulation of this unlegitimated power encroaches on the const. reg. circulation of power