The fact of disagreement and public deliberation.

A problematic relationship.

Authors

  • Mariano Garreta Leclercq University of Buenos Aires, Argentina

DOI:

https://doi.org/10.36446/rlfp161

Keywords:

Disagreement, Dialogue, Burdens of Judgment, Deliberative Democracy, Political Legitimacy

Abstract

My goal in this work is to present one of the central conceptual problems that, in my opinion, involves the deliberative conception of democracy developed by Gargarella in Law as a conversation between equals. The basic idea of ??my analysis is that there is an unresolved tension between the author's assessment of dialogue between equals in the public sphere and the recognition of the fact of pluralism as a structural feature of the culture of contemporary democracies. Gargarella's proposal seems to attribute an epistemic value to dialogue, a capacity to identify the common good, which in my opinion is not compatible with the conception of the fact of disagreement that the author himself would subscribe to. Given that this last idea plays a relevant role in the proposal analyzed, it is a question that deserves an explicit response in future elaborations of said proposal.            

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References

Christiano, T. (2000). Waldron and Law and Disagreement. Law and Philosophy 19: 513-543.

Estlund, D. (2000). Jeremy Waldron on Law and Disagreement. Philosophical Studies 99: 111-128.

Lafont, C. (2020). Democracy without Shortcuts: A Participatory Conception of Deliberative Democracy. Oxford, Oxford University Press.

Landemore, H. (2017a). Beyond the Fact of Disagreement? The Epistemic Turn in Deliberative Democracy. Social Epistemology 31 (3): 277-295.

Landemore, H. (2017b). Democratic Reason: Politics, Collective Intelligence, and the Rule of the Many. Princeton, Princeton University Press.

May, K. (1952). A set of independent necessary and sufficient conditions for simple majority decision. Econometrica 20: 680–684.

Rawls, J. (1993). Political Liberalism. New York, Columbia University Press.

Waldron, J. (1999a). Law and Disagreement. New York, Oxford University Press.

Waldron, J. (1999b). The Dignity of Legislation. Cambridge, Cambridge University Press.

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Published

2023-12-16

How to Cite

Garreta Leclercq, M. (2023). The fact of disagreement and public deliberation.: A problematic relationship. Revista Latinoamericana De Filosofía Política, 12(1), 321–339. https://doi.org/10.36446/rlfp161

Issue

Vol. 12 No. 1 (2023): 2023 (enero-diciembre)

Section

Symposium: On Roberto Gargarella s "A Conversation Between Equals"

License

Copyright (c) 2023 Revista Latinoamericana de Filosofía Política

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.