PHILOSOPHY AND DEMOCRACY This page intentionally left blank PHILOSOPHY AND DEMOCRACY An Anthology Edited by Thomas Christiano OXFORD UNIVERSITY PRESS 2003 t UNIVERSITY PRESS Oxford New York Auckland Bangkok Buenos Aires Cape Town Chennai Dar es Salaam Delhi Hong Kong Istanbul Karachi Kolkata Kuala Lumpur Madrid Melbourne Mexico City Mumbai Nairobi Sao Paulo Shanghai Taipei Tokyo Toronto Copyright © 2003 by Oxford University Press, Inc. Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York 10016 www.oup.com Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data Philosophy and democracy : an anthology / edited by Thomas Christiano. p. cm. Includes bibliographical references and index. ISBN 0-19-513659-4; 0-19-513660-8 (pbk.) i. Democracy—Philosophy. I. Christiano, Thomas. JC423 .P437 2002 321.8—dc2i 2002025756 1 3 5 7 9 8 6 42 Printed in the United States of America on acid-free paper CREDITS Chapter i: Joshua Cohen, "Procedure and Substance in Deliberative Democracy," from Democracy and Difference: Contesting the Boundaries of the Political, edited by Seyla Benhabib, pp. 95-119. Copyright © 1996 by Princeton University Press. Chapter 2: Thomas Christiano, The Rule of the Many. Copyright © 1996 by West- view Press, Member of Perseus Books Group. Reprinted by permission of West- view Press, a member of Perseus Books, L.L.C. Chapter 3: David Estlund, "Beyond Fairness and Deliberation," from Deliberative Democracy: Essays on Reason and Politics, edited by James Bohman and William Rehg. Copyright © 1998 MIT Press. Chapter 4: Richard Arneson, "Democratic Rights at National and Workplace Lev- els," from The Idea of Democracy, edited by David Copp, Jean Hampton, and John Roemer, pp. 118-138, 143-147. Copyright © 1993 Cambridge University Press. Chapter 5: Ronald Dworkin, "What Is Equality? Part 4: Political Equality." Uni- versity of San Francisco Law Review 22 (1987). Copyright © 1987 by Ronald Dwor- kin. Chapter 6: Jon Elster, "The Market and the Forum: Three Varieties of Political Theory," from Foundations of Social Choice Theory, edited by Jon Elster and Aanund Hyllund, pp. 103-132. Copyright © 1986 Cambridge University Press. Chapter 7: William H. Riker, Liberalism Against Populism: A Confrontation Between the Theory of Democracy and the Theory of Social Choice, pp. 115-136, 238-246, 273- 278. Copyright © 1982 by William H. Riker. Chapter 8: James Buchanan and Gordon Tullock, The Calculus of Consent, pp. 43- 49, 63-84. Copyright © 1962 by The University of Michigan Press. v vi Credits Chapter 9: Jules Coleman, "Rationality and the Justification of Democracy," from Politics and Process: New Essays in Democratic Thought, edited by Geoffrey Brennan and Loren E. Lomasky, pp. 194-220. Copyright © 1989 Cambridge University Press. Chapter 10: Ronald Dworkin, Freedom's Law: The Moral Reading of the American Constitution, pp. 15-35, 350-51. Copyright © 1996 by Ronald Dworkin. Chapter 11: Michael Walzer, "Philosophy and Democracy." Political Theory 9.3 (1981): 379-399. Copyright © 1981 by Sage Publications, Inc. Chapter 12: Charles Lindblom, "The Market as Prison." Journal of Politics 44 (1982): 324-336. Copyright © 1982 by the Southern Political Science Association. Chapter ly. Iris Marion Young, "Polity and Group Difference: A Critique of the Ideal of Universal Citizenship." Ethics 99.2 (1989): 250-274. Copyright © 1989 by The University of Chicago Press. Chapter 14: Anne Phillips, "Democracy and Difference: Some Problems for Fem- inist Theory." Political Quarterly 63 (1992): 79-90. Copyright © 1992 by The Political Quarterly Publishing Co. Ltd. Chapter 15: Brian Barry, "Is Democracy Special?" from Philosophy Politics and So- ciety, edited by P. Laslett and J. Fishkin, pp. 155-196. Copyright © Blackwell Publishers, Ltd. CONTENTS Contributors ix Introduction 3 PART I. ARGUMENTS FOR THE INTRINSIC WORTH OF DEMOCRACY 1. Procedure and Substance in Deliberative Democracy 17 Joshua Cohen 2. An Argument for Democratic Equality 39 Thomas Christiano 3. Beyond Fairness and Deliberation: The Epistemic Dimension of Democratic Authority 69 David Estlund PART II. ARGUMENTS FOR THE MERELY INSTRUMENTAL WORTH OF DEMOCRACY 4. Democratic Rights at the National Level 95 Richard Arneson 5. What Is Equality? Part 4: Political Equality 116 Ronald Dworkin 6. The Market and the Forum: Three Varieties of Political Theory 138 Jon Elster viii Contents PART III. ECONOMIC CONCEPTIONS OF DEMOCRACY 7. Social Choice Theory and Constitutional Democracy 161 William Riker 8. The Calculus of Consent 195 James Buchanan and Gordon Tullock 9. Rationality and the Justification of Democracy 216 Jules Coleman PART IV. CONSTITUTIONALISM 10. The Majoritarian Premise and Constitutionalism 241 Ronald Dworkin 11. Philosophy and Democracy 258 Michael Walzer 12. The Market as Prison 275 Charles Lindblom PART V. MINORITIES 13. Polity and Group Difference: A Critique of the Ideal of Universal Citizenship 287 Iris Marion Young 14. Democracy and Difference: Some Problems for Feminist Theory 310 Anne Phillips 15. Is Democracy Special? 321 Brian Barry Select Bibliography 351 Index 355 CONTRIBUTORS Richard Arneson is Professor of Philosophy at the University of California at San Diego. He has been an associate editor of Ethics and has written numerous important articles on distributive justice. Brian Barry is Arnold A. Saltzman Professor of Political Science and Philosophy at Columbia University and Professor Emeritus of Political Science at the London School of Economics. He is the author of a number of books, including Political Argument (1965), Sociologists, Economists and Democracy (1970), Theories of Justice (1988), Justice as Impartiality (1992), and Culture and Equality (2001). James Buchanan is Distinguished Professor Emeritus of Economics at George Mason University. He is the author of The Calculus of Consent, with Gordon Tullock (1962), The Limits of Liberty (1975), The Reason of Rules, with Geoffrey Brennan (1986), and many other books on political economy. He won the Nobel Prize for Economics in 1996. Thomas Christiano is Associate Professor of Philosophy and Law at the Uni- versity of Arizona. He is the author of The Rule of the Many (1996) and a number of articles in democratic theory and political philosophy. He is an associate editor of Politics, Philosophy and Economics. Joshua Cohen is Professor of Philosophy and Political Science at the Massachu- setts Institute of Technology. He is the author of On Democracy, with Joel Rogers (1985). He is the author of a number of groundbreaking articles on deliberative democracy, including "Deliberation and Democratic Legitimacy," in The Good Polity (1989), edited by Philip Pettit and Alan Hamlin. He is an associate editor of Philosophy and Public Affairs and editor of the Boston Review. Jules Coleman is Wesley Newcomb Hohfeld Professor of Jurisprudence and Professor of Philosophy at Yale University. He is the author of Markets, Morals IX