In Deliberative Freedom, Christian F. Rostbøll accepts the common belief that democracy and freedom are intimately related, but he sees this relationship in a new and challenging way. Rostbøll argues that deliberative democracy is normatively committed to multiple dimensions of freedom, and that this, in turn, makes it a distinct model of democracy. He presents a new version of deliberative democracy that rejects the prevailing synthesis of Habermasian critical theory and Rawlsian political liberalism, and contends that this synthesis obscures and neglects important concerns in terms of freedom and emancipation. In addition, Rostbøll explores how the many dimensions of freedom supply a new and fruitful way to address issues such as paternalism, elitism, rationalism, and neutrality.

This book defends an original and pluralist theory of when and why discrimination wrongs people. Starting from actual legal cases in which claimants have alleged wrongful discrimination by other people or by the state, Sophia Moreau argues that we can best understand these people's complaints by thinking of them as complaints about different ways in which they have not been treated as equals in their societies--in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good, that is, a good that this person must have access to if they are to be, and to be seen as, an equal in their society. The book devotes a chapter to each of these wrongs, exploring in detail what unfair subordination consists of; what deliberative freedoms are, and when each of us has a right to them; and what it means to deny someone access to a basic good. The author explains why these wrongs are each distinctive, but are each a different way of failing to treat some people as the equals of others. Finally the author argues that both the state and we as individuals have a duty to treat others as equals, in these three specific senses.

In Deliberative Freedom, Christian F. Rostbøll accepts the common belief that democracy and freedom are intimately related, but he sees this relationship in a new and challenging way. Rostbøll argues that deliberative democracy is normatively committed to multiple dimensions of freedom, and that this, in turn, makes it a distinct model of democracy. He presents a new version of deliberative democracy that rejects the prevailing synthesis of Habermasian critical theory and Rawlsian political liberalism, and contends that this synthesis obscures and neglects important concerns in terms of freedom and emancipation. In addition, Rostbøll explores how the many dimensions of freedom supply a new and fruitful way to address issues such as paternalism, elitism, rationalism, and neutrality.

The contributions in this anthology address tensions that arise between reason and politics in a democracy inspired by the ideal of achieving reasoned agreement among free and equal citizens.

In this book Avichai Levit uses the United States as a case study to argue that the degree of democratic legitimacy of laws that restrict freedom of speech during war, depends on the extent of legislature deliberation on such laws.

Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.

Freedom of speech is a basic right in a democracy. During war, however, national legislatures tend to enact laws that restrict this basic right. Under what circumstances can such laws be democratically legitimate? Avichai Levit argues that the degree of democratic legitimacy of laws that restrict freedom of speech during war depends on the extent of legislature deliberation on such laws. The more law makers in both chambers of the legislature seriously consider information and arguments, reason on the common good and seek to persuade and decide the best legislative outcome, in committees and on the floor, the more democratic legitimacy can be associated with such laws. This book fills a gap in the scholarly literature regarding the evaluation of the democratic legitimacy of laws that restrict freedom of speech during war, by bridging different theoretical perceptions and presenting an alternative normative account of deliberative democracy which focuses on the deliberations of a national legislature. Using the United States as a case study, Levit delves into the details of Congressional deliberation during World War I, World War II and the Cold War, as well as the political histories that brought about such laws. Legislative Deliberative Democracy will be of interest to academics and students alike in the fields of political theory, American politics and political history.