David Estlund

There is a growing literature under the banner of "deliberative democracy," and Paul Weithman suggests that much of it is based on, or at least implies, a critique of the kind of theory of justice pioneered by Rawls 1. The issue at stake is whether a democratic political theory can admit independent normative standards that apply to and constrain democratic decisions. A certain kind of critic thinks independent standards are anti-democratic. Weithman's defense of Rawlsian theory against this charge is, I believe, instructively mistaken. Rawlsian theory escapes the charge but not for Weithman's reasons. This dispute might reasonably hope to shed light on the interrelations not only between democracy and justice, but also between these and political legitimacy.

This piece is a response to four essays that critically discuss my book Democratic Authority. In addition to responding to their specific criticisms, it takes up several methodological issues that put some of the critiques in a broader context. Among the issues discussed are “normative consent,” which I offer as a new theory of authority; the “general acceptability requirement,” which advances a broadly Rawlsian approach to political justification; and methodological questions about theory building, including a device I dub the “method of provisional leap.”

Waldron argues that recent treatments of justice have neglected reasonable disagreement about justice itself. So Waldron offers a procedural account of democratic legitimacy, in which contending views of justice can be brought together to arrive at a decision without deciding which one is correct. However, if there is reasonable disagreement about everything, then this includes his preferred account of legitimacy. On the other hand, it is not clear that Waldron is right to count so much disagreement as reasonable. But then Waldron has not undermined the view he opposes in which some prevailing disagreement about justice is held to be unreasonable

The present thesis is intended as a contribution toward a Rousseauean theory of democracy. The central problem discussed is how the act of voting must be interpreted in democratic theory. The notion of a theoretical interpretation of voting is discussed in Chapter One. A theory of democracy must include an interpretation of the act of voting if any praise or criticism of democracy is to be possible. The theoretical interpretation is distinct from an empirical account of voting behavior, and also distinct from a moral or prudential imperative. It is left as an open question whether one ought, morally or prudentially, to vote in the way that democratic theory interprets voting, or indeed whether one ought to vote at all. ;Social choice theory typically assumes that votes are expressions of individual preferences--that each individual expresses his or her narrowly self-interested preferences, and a proper aggregation of these will yield a utility maximizing result. In Chapter Two it is argued that, for reasons stemming from analysis of the concept of democratic voting, no understanding of "preference" is acceptable as a theoretical interpretation of voting. Six such understandings are disqualified, and the interpretation of votes as statements on the common interest is argued to succeed where these fail. In Chapter Three Richard Wollheim's puzzle of the minority democrat is discussed in relation to several closely related puzzles which apply to both democracy and utilitarianism. All three puzzles are argued to be dissolved if votes are interpreted as statements on the common interest. The solution to Wollheim's paradox, called the Correction Solution, gives rise to the disturbing possibility that the minority is interpreted as simply deferring to the majority. This danger is discussed in detail in Chapter Four, and again the interpretation of votes as statements on the common interest is argued to be uniquely qualified to avoid it

Under the assumptions of the standard Condorcet Jury Theorem, majority verdicts are virtually certain to be correct if the competence of voters is greater than one-half, and virtually certain to be incorrect if voter competence is less than one-half. But which is the case? Here we turn the Jury Theorem on its head, to provide one way of addressing that question. The same logic implies that, if the outcome saw 60 percent of voters supporting one proposition and 40 percent the other, then average voter competence must either be 0.60 or 0.40. We still have to decide which, but limiting the choice to those two values is a considerable aid in that. Key Words: Condorcet Jury Theorem • epistemic democracy • voter competence.

Controversy has recently erupted, at least in a recent story in the Independent, over the question of whether Brown's Philosophy Department has been inappropriately exclusionary of courses in other departments, of diverse philosophical traditions, and of non-white philosophers. These are questions well worth asking, although the article's critical stance requires some scrutiny. It is worth supplementing the article with some information that might help students think about whether they ought to call for changes in the Philosophy Department's policies or practices. As a member of that department, I certainly welcome students' opinions and suggestions on these matters.

John Rawls is the most significant and influential philosopher and moral philosopher of the twentieth century. His work has profoundly shaped contemporary discussions of social, political and economic justice in philosophy, law, political science, economics and other social disciplines. In this exciting collection of new essays, many of the world's leading political and moral theorists discuss the full range of Rawls's contribution to the concepts of political and economic justice, democracy, liberalism, constitutionalism, and international justice. New readers will find this the most accessible guide to Rawls currently available

It is often argued that if one holds a liberal political philosophy about individual rights against the state and the community, then one cannot consistently say that a state that violates those principles is owed the right of noninterference. How could the rights of the collective trump the rights of individuals in a liberal view? I believe that this debate calls for more reflection, on the relation between liberalism and individualism. I will sketch a conception of liberalism in which there is nothing awkward about saying that associations, as such, have some moral rights to noninterference. If liberal associationism is compelling in general terms then, if states can be shown to be associations in the relevant respects, then liberalism itself will supply the moral basis for a right of that kind, held by a state or people as such, to nonintervention.

Political equality is in tension with political quality, and quality has recently been neglected. My thesis is that proper attention to the quality of democratic procedures and their outcomes requires that we accept substantive inequalities of political input in the interest of increasing input overall. Mainly, I hope to refute political egalitarianism, the view that justice or legitimacy requires substantive political equality, specifically equal availability of power or influence over collective choices that have legal force. I hope to show that political egalitarianism exaggerates individual rights in the conduct of political procedures, and neglects the substantive justice of the decisions made through those procedures. Some unequal distributions of influence may better promote just decisions, and without reliance on any invidious comparisons such as the relative wisdom of the wealthy or the educated