Stressing the role of conversation, argument and negotiation in politics, particularly in democratic government, this book offers an empirical study of deliberative politics. Using the parliamentary debates in Germany, Switzerland, the United Kingdom and the United States as an empirical base, the authors measure the level of deliberation by constructing a discourse quality index, characterized by a high inter-coder reliability.

This volume assesses the strengths and weaknesses of deliberative democracy.

Examines the interplay between the normative and empirical aspects of the deliberative model of democracy.

The twenty-first century is characterized by the global circulation of cultures, norms, representations, discourses, and human rights claims; the arising conflicts require innovative understandings of decision making. Deliberative Acts develops a new, cogent theory of performative deliberation. Rather than conceiving deliberation within the familiar frameworks of persuasion, identification, or procedural democracy, it privileges speech acts and bodily enactments that constitute deliberation itself, reorienting deliberative theory toward the initiating moment of recognition, a moment in which interlocutors are positioned in relationship to each other and so may begin to construct a new lifeworld. By approaching human rights not as norms or laws, but as deliberative acts, Lyon conceives rights as relationships among people and as ongoing political and historical projects developing communal norms through global and cross-cultural interactions.

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.

What kind of policy analysis is required now that governments increasingly encounter the limits of governing? Exploring the new contexts of politics and policy making, this book presents an original analysis of the relationship between state and society, and new possibilities for collective learning and conflict resolution. The key insight of the book is that democratic governance calls for a new deliberatively-oriented policy analysis. Traditionally policy analysis has been state-centered, based on the assumption that central government is self-evidently the locus of governing. Drawing on detailed empirical examples, the book examines the influence of developments such as increasing ethnic and cultural diversity, the complexity of socio-technical systems, and the impact of transnational arrangements on national policy making. This contextual approach indicates the need to rethink the relationship between social theory, policy analysis, and politics. The book is essential reading for all those involved in the study of public policy.

A major new statement of deliberative theory that shows how states, even transnational systems, can be deliberatively democratic.