Kenneth Shockley

In response to what has been called the discursive dilemma, Christian List has argued that the nature of the public agenda facing deliberative bodies indicates the appropriate form of decision procedure or deliberative process. In this paper I consider the particular case of environmental policy where we are faced with pressures not only from deliberators and stakeholders, but also in response to dynamic changes in the environment itself. As a consequence of this dilemma I argue that insofar as the focus of a policy forming body is on the formation of viable environmental policy, rather than on a set of pre-existent ideological commitments, deliberative agents should be responsive as a unified body to the pressures of precedent, the best available science, and their own best individual judgments. In the case of environmental policy the dilemma pressures deliberative bodies to display what Ronald Dworkin has called integrity even in cases where this requires those deliberative bodies to sacrifice being maximally responsive to the preferences of individual deliberators

T. M. Scanlon has alleged that the social practice of promising fails to capture the sense in which when I break my promise I have wronged the promisee in particular. I suggest the practice of promising requires the promisee to have a normatively significant status, a status with interpersonal authority with respect to the promisor, and so be at risk of a particular harm made possible by the social practice of promising. This formulation of the social practice account avoids Scanlon’s concern without collapsing into what Elinor Mason has recently referred to as deflationism about promising.