deliberation and voting in contemporary democratic theory

Upload: ben-sirolly

Post on 31-May-2018

214 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    1/120

    Deliberation and Voting in Contemporary Democratic Theory

    by

    Benjamin T. Sirolly

    A Proposal Submitted to the Honors Council

    For Honors in Political Science

    April 13, 2007

    Approved by:

    ____________________________

    Adviser: Professor James (Political Science)

    ____________________________

    Reader: Professor Magee (Economics)

    ____________________________

    Honors Council Representative: Professor Groff (Philosophy)

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    2/120

    Sirolly ii

    Table of Contents

    TABLE OF FIGURES ................................................................................ IV

    ABSTRACT....................................................................................................V

    CHAPTER 1: INTRODUCTION ...............................................................1

    1.1DISCUSSING THEGOOD GOVERNMENT.................................................................................................11.2PLAN FOR THE THESIS ..........................................................................................................................5

    CHAPTER 2: COMMUNICATIVE ACTION AND DELIBERATIVEDEMOCRACY ..............................................................................................8

    2.1INTRODUCTION.....................................................................................................................................82.2COMMUNICATIVEACTION ANDDELIBERATIVEDEMOCRACY THROUGHJRGENHABERMAS..............9

    2.2.1: Communicative Action .............................................................................................................102.2.2 Discourse and Democracy .........................................................................................................142.2.3 The Two-Track Model of Politics and Society ..........................................................................20

    2.3DELIBERATIVEDEMOCRACY:AREVIEW OF THELITERATURE ..........................................................242.3.1 Deliberation and Fairness .........................................................................................................25

    2.4MODERNCHALLENGES ANDAGGREGATIVE SOLUTIONS ....................................................................28

    CHAPTER 3: AGGREGATIVE VOTING ..............................................30

    3.1INTRODUCTION...................................................................................................................................303.2DEMOCRATICVOTING AND THEAGGREGATION OFPREFERENCES ....................................................303.3THEPARADOX OF VOTING ..................................................................................................................323.4INTRANSITIVITY AND VOTING:ARROW'SPOSSIBILITYTHEOREM.......................................................333.5THEENDS ANDMEANS OFDEMOCRACY:ASTUDY OFRIKER ............................................................413.6ADELIBERATIVEPERSPECTIVE ONSTRATEGY ANDMANIPULATION INVOTING................................51

    CHAPTER 4: THE PROBLEMS OF AGGREGATING VOTES AND

    DELIBERATION ........................................................................................60

    4.1INTRODUCTION...................................................................................................................................604.2THEPROBABILITY OFCYCLES ............................................................................................................604.3DELIBERATION ANDINTRANSITIVITY..................................................................................................61

    4.3.1 Unanimity...................................................................................................................................624.3.2 Single-Peakedness......................................................................................................................66

    4.4DELIBERATION AND SINGLEPEAKEDNESS .........................................................................................70

    CHAPTER 5: DELIBERATION AND VOTING....................................83

    5.1INTRODUCTION...................................................................................................................................835.2THE CONCEPTION OF ALEGITIMATEPOLITICALDELIBERATION.......................................................83

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    3/120

    Sirolly iii

    5.3PSYCHOLOGY OFDELIBERATION........................................................................................................855.3.1 Social Forces at Work: Polarization and Silencing of the Numerical Minority......................865.3.2 Unanimity versus Majority Rule................................................................................................89

    5.4DECISIONRULES IN ADELIBERATIVEDEMOCRACY...........................................................................91

    5.5THEPUBLICDELIBERATION ANDPRIVATE VOTING ...........................................................................915.6THEROLE OF VOTING IN ADELIBERATIVEDEMOCRACY...................................................................985.7DELIBERATIVEDEMOCRACY AND VOTING:RECONCILED...................................................................99

    ENDNOTES............................................................................................... 102

    BIBLIOGRAPHY...................................................................................... 109

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    4/120

    Sirolly iv

    Table of Figures

    FIGURE 1:SINGLE-PEAKED PREFERENCES .....................................................67

    FIGURE 2:THE PARADOX OF VOTING:NON-SINGLE-PEAKED.........................69

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    5/120

    Sirolly v

    Abstract

    Deliberative Democracy claims that democratic legitimacy is tied to a deliberation

    oriented at consensus. For the theory to have applicability in a modern context, it must

    somehow accommodate John Rawls has called the fact of pluralism.1

    If consensus is

    not a feasible goal, the question arises whether the aims of voting and deliberation are

    reconcilable. I argue that because deliberative democracy requires only that citizens have

    an orientation towards consensus, majority rule voting is not necessarily a competing

    force to deliberation. Furthermore, I argue that voting and deliberation are mutually

    supportive and necessary in the pursuit of the deliberative ideal. This is due to the fact

    that together voting and deliberation allow for the actualization and harmonization of the

    two components of the deliberative citizen, the public and private. Voting and

    deliberation are therefore reconcilable.

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    6/120

    Sirolly 1

    Chapter 1: Introduction

    1.1 Discussing the Good Government

    What is a good government? What makes a government legitimate? The

    contemporary answer to this age old question is, 'a democratic one.' One might charge

    that a government is legitimate when its mantra is of the people, by the people, for the

    people.1

    But unfortunately, the answer to the question of what makes a good

    government is far from simple. When thinking about the ideal form of government the

    non-ideal real world must be considered. The institutions of government as well as the

    socio-psychological effect of those institutions on the citizens are important to recognize.

    The philosophical groundings of the government must be deeply connected with real

    world institutions and practices. All the while, the government must remain loyal to its

    citizens and to the mantra of the people, by the people, for the people.

    The most promising contemporary solution for what a good government would

    look like is called deliberative democracy. Deliberative democracy, a term only first

    used in the 1980s2, is in its simplest form exactly what it sounds like, a political system

    where deliberation is the foundation and the most central piece of the democracy.

    Deliberative democracy theorists vary, sometimes greatly, on their description of what

    this democracy would look like, but a few key features tie each of the theorists together.

    First and foremost, deliberation is the most important and essential type of participation

    for a citizen of the democracy. At its most basic, the deliberation is a discussion by equal

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    7/120

    Sirolly 2

    citizens making a common political decision by trying to come to some consensus or

    agreement. This process of deliberation brings the affected together to be a part of a

    common decision, and in doing so, deliberation creates in them a sense of agency and self

    governance and forces those individuals to justify their beliefs to others. This process of

    individuals entering the political realm both legitimizes the government through popular

    support and at the same time creates a sense of shared value and life between citizens.

    One of the largest questions in deliberative democracy is how exactly political

    decisions will be made. Jon Elster's early account of an ideal deliberative democracy

    claimed that, there would not be any need for an aggregating mechanism, since a

    rational discussion would tend to produce unanimous preferences.3

    His reference to an

    aggregating mechanism is a general way of referring to any particular way of adding up

    votes to determine a majority choice. Elster's claim is almost certainly too strong for any

    large scale, modern, plural democracy. When millions of individuals from heterogeneous

    backgrounds are asked to a make a collective decision, there is likely to be nothingthat

    the group can decide on of practical importance to a political system. Even if consensus

    could be found at some time in the infinite future, political questions are generally time

    dependent and a unanimity requirement could prevent any timely reactions. So then if

    unanimity cannot be expected because of the constraints of time and scale in a large,

    modern, plural democracy, then there must be some other way of making the important

    and contentious decisions. The (nearly unanimous) choice of deliberative democracy

    theorists for this task is decision through a majority wins vote. Their perspective is that,

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    8/120

    Sirolly 3

    if unanimity cannot be reached and a decision must be made, then a vote is needed as a

    method of last resort. If voting is a inescapable piece of a deliberative democracy, then

    two questions arise. First, can the aggregation of votes accurately describe and depict the

    outcomes of political deliberation, and secondly is voting normatively and

    psychologically at odds with deliberation?

    Whether voting can accurately aggregate votes to determine the majority will has

    long been the topic of study for a field of political science called Social Choice Theory.

    These theorists have proven that there is no sure-fire way to add up votes that will always

    be fair and logical. Some problems inherent to the aggregation of votes are that any

    system of voting is open to manipulation by its voters, that the addition of votes can lead

    to illogical and thus meaningless outcomes (for example, candidate A beats candidate B

    who beats candidate C, but candidate C can also beat candidate A, or A>B>C>A), and

    that the winner of a vote can sometimes be determined solely on the choice of the method

    of adding up votes.

    Even if voting can mathematically represent, and thus be in part reconciled with

    deliberation, the further question arises whether voting is fundamentally in conflict with

    deliberation's normative and psychological aims. Deliberation is a public act which

    aspires to hold people accountable for their statements and beliefs through continuous

    public discussion whereas voting is a private act which requires no debate and within

    which the voters are accountable only to themselves. Even the way that we think of the

    two processes is inherently different. Deliberation is a process that encourages, and

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    9/120

    Sirolly 4

    sometimes demands, cooperation and compromise where voting is thought of generally

    as a strategic process where the more powerful political factions jockey and fight for

    those few independent or 'swing' voters in order to garner the desired level of support,

    generally 51 percent. The two processes of deliberation and voting seem to push the

    political spectrum in two entirely different directions, one towards cooperation, and the

    other toward strategy. It is no wonder then that deliberative democracy theorists shy

    away from voting, and only call on it when absolutely necessary.

    My question is this: Can deliberation and voting exist together without harming one

    another, and if they can, is aggregation able to represent the outcomes of a deliberation

    properly?

    What I will show in this thesis is that deliberation and voting are reconcilable in

    their processes and aims, normatively and socio-psychologically. Not only are these two

    processes able to exist together, I show that their co-existence is symbiotic. Where

    deliberation has faults, voting is able to compensate and where aggregation has been

    shown to be meaningless, deliberation gives it meaning. Within the context of one

    another, voting and deliberation are strengthened, rather than weakened.

    This result is important for both fields of Social Choice Theory and Deliberative

    Democracy. For the Social Choice Theorists, my results give reason to the mathematical

    findings. I show that the problems of aggregation do not occur when the act of voting

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    10/120

    Sirolly 5

    represents an actual social choice. For the Deliberative Democrats, my work refocuses

    deliberative democracy and challenges them to think of voting of an essentialpart (rather

    than a method of last resort) of the deliberative process. I believe that, if further

    developed, this shift will be fruitful for the field of deliberative democracy by clarifying

    many of the current institutional problems as well as offering new and powerful avenues

    of approach to understanding deliberation. These are of course, my hopes. For the

    present, the work is an exposition of the interplay of deliberation and voting, one that I

    hope clarifies the problem and presents a viable solution.

    1.2 Plan for the Thesis

    Chapter two is an exposition of deliberative democracy, largely based on the work

    of Jrgen Habermas. Habermas, best described as a German socio-political philosopher

    laid much of the groundwork for the theory of deliberative democracy in his 1995 work

    Between Facts and Norms. Beginning with deliberative democracy's historical and

    philosophical place in political theory, I will then move on to focus on the processes of

    deliberation and the institutional aspects of a deliberative democracy that most directly

    pertain to the voting. I will then present a few divergent viewpoints on the substance and

    processes of deliberation in order to give a more complete view of the current

    understanding of a deliberative democracy. Finally, I will present some of the challenges

    to deliberation from other fields as well as from a few deliberative democrats.

    The third chapter will focus on the problems associated with aggregating votes.

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    11/120

    Sirolly 6

    This chapter will be built largely around two thinkers, Kenneth Arrow and William H.

    Riker. Arrow determines that any logically arranged system of voting can output an

    illogical result and Riker then shows that any fair system of voting, being vulnerable to

    Arrow's result, is also vulnerable to strategic manipulation by the voters as well as an

    agenda setter. The third chapter will build these two results up so that the reader

    unfamiliar to social choice theory can fully understand the power and extent of their

    findings.

    The fourth chapter analyzes social choice theory in both its real world significance

    as well as its interaction with deliberation and deliberative democracy. The discussion on

    the real world significance of voting largely comes from Gerry Mackie's work

    Democracy Defended. His work is a long warranted study of the prevalence of the

    problems of social choice in real democracies. I then take the results of his work and,

    with the guidance of a few deliberative democrats, show how deliberation can account for

    many of Mackie's results and then argue that greater movement towards a deliberative

    democracy would further reduce the problems presented by social choice theorists.

    Chapter five is my analysis of the normative as well as psychological conflicts

    between voting and deliberation. Beginning with recent psychological findings on

    deliberation and voting, I argue that these findings show a need for both deliberation and

    voting in concert. This analysis hinges on the idea that in our decision making processes,

    we need both public and private experiences and interactions to fully experience the

    deliberative effects. I will argue that voting is a much needed moment of private

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    12/120

    Sirolly 7

    sincerity within the larger context of the public deliberation. I continue this argument

    through to the normative end of deliberation and voting, arguing that a private vote is

    necessary for an effective public deliberation. Through this analysis, I will show that

    deliberative democrats' expressed desires for deliberation are actually better met when

    voting is an integral part of the deliberative process.

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    13/120

    Sirolly 8

    Chapter 2: Communicative Action and Deliberative Democracy

    2.1 Introduction

    Deliberative democracy is a rich theory of politics which attempts to construct, or

    perhaps reconstruct, a modern theory of a good, just, and legitimate government. In

    contrast to classic theories of direct and representative democracy that emphasize the

    importance of individual sovereignty actualized through voting or assent to a social

    contract, deliberative democracy grounds the political lawmaking process in political

    discussions. The generally accepted and common conception of deliberative democracy1

    contends that the nature of the discussions of proposal and institutionalization of law

    ground that law's legitimacy. In other words, when a deliberation can ideally find

    consensus, it creates inherently legitimate legislation.

    I will begin this chapter with an exposition of the basic structure of deliberative

    democracy, as it has been presented by the German, socio-political philosopher, Jrgen

    Habermas. His work has in large part defined and shaped the current deliberative

    democracy theory. Even those thinkers who have presented independent conceptions of

    deliberative democracy confess their indebtedness to Habermas and his ideas of

    communicative action.2

    Thus my explanations and discussions of deliberative

    democracy will begin with his ideas on communicative action, move to communicative

    actions place in a discourse theory of law and democracy in terms of legitimacy, and

    finally discuss the implementation of such a theory in a modern, plural society.

    Then the focus will shift to a few competing conceptions of what a deliberative

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    14/120

    Sirolly 9

    democracy might look like. These thinkers both add substance and some depth to

    Habermass theory by offering a few real world consequences of deliberation as well as a

    few philosophical points not in Habermass works.

    2.2 Communicative Action and Deliberative Democracy through Jrgen Habermas3

    Prior to Habermas, there were generally two paradigms of explanation for social

    action, one for economists, the other sociologists. Economic theorists generally used

    strategic behavior or instrumental rationality to describe social action, which accounts for

    action in a fairly Hobbesian sense4

    in that each individuals actions can be entirely

    understood in terms of the pursuit of self interest. The economic understanding of

    instrumental rationality essentially removes all meaning from laws and social norms

    because individuals would only follow those norms and laws when it was to their

    individual benefit. Sociologists, in contrast, largely explained social action in terms of

    irrational acts, such as habituation and culturally-specific socialization5

    which led

    individuals to act with no instrumental goal or end purpose in mind.6

    In this paradigm,

    sociologists explain actions in accordance with social norms through irrational tendencies

    of social compliance.

    Communicative action is Habermas's sociological reconstruction of how and why

    individuals can rationally follow social norms, where he finds a middle ground between

    instrumental rationality and irrational normative action. Habermas believes that there is

    one, unified rationality to all social action that is justifiable across all modern cultures.

    Below I will describe Habermas's conception of how this social rationality is developed

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    15/120

    Sirolly 10

    and at the center of our social norms.

    What makes social rationality possible is the use of ordinary language. Language,

    used in communication, requires our utterances and thoughts to be publicly accessible

    in order for us to share them at all.7

    Because language allows for a shared understanding

    of propositions pertaining to social norms, we are able to justify those norms to each

    other. The rationality, or validity, of a social norm is then justifiable through discussion

    because of the common foundation of reference provided by language.8

    This procedure

    of justification is what Habermas calls communicative action.

    2.2.1: Communicative Action

    Communicative action occurs when individuals attempt to reach agreement in

    order to coordinate their actions.9

    Action coordination occurs in a range of processes

    from the simple, such as a family coming together to build a shelf, to the complex, where

    a nation creates a national defense system. In both of these cases, there is a problem of

    action coordination, and because the actors need the cooperation of all involved in order

    for the project to be successful, they must attempt to reach some consensus over how that

    project will be completed. Habermas argues that whenever a group of individuals

    attempts to reach a consensus through communication they unavoidably act under certain

    presuppositions, or follow a few guidelines though often unspoken, that are necessary to

    their pursuit of a consensus.1

    1 The contention that the guidelines are natural and necessary is not universally accepted by deliberative

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    16/120

    Sirolly 11

    The presuppositions to a discursive process aimed at action coordination, as given

    by Habermas are that, the participants must assume, among other things, that they (a)

    pursue their illocutionary goals without reservations, that they (b) tie their agreement to

    the intersubjective recognition of criticizable validity claims, and that they (c) are ready

    to take on the obligations resulting from consensus and relevant for further interaction.10

    Taken together, these three presuppositions set the stage for individuals to enter into a

    communicative discourse with the capacity of producing societal norms.

    The first presupposition (a) of communicative action simply requires that

    participants not hold back in their arguments aimed at convincing the other parties. In

    other words, the arguments should not be constrained due to reservations about the

    possible consequences of those arguments. One must not feel pressure or fear or any

    other force against their entering their own ideas and desires into the conversation. This

    ensures that no arguments are precluded and similarly that nothing is left unsaid. If

    something were to be left unsaid by a participant, that participant would most likely be

    unable to accept the final agreement fully, without reservation.

    The second condition (b) is that individuals tie their agreement to intersubjective

    recognition of criticizable validity claims. Claims to validity are a speaker's method of

    presenting claims to truth that can only be justified socially.11

    Validity claims [pertain]

    to action norms and all the general normative propositions that express the meaning of

    democratic theorists. However, many of the same theorists who disagree with the idea that the

    guidelines are not unavoidable do agree with the content of the rules. The debate between these

    thinkers and Habermas asks whether these rules of debate must be codified and enforced to ensure

    proper outcomes. I leave this question open.

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    17/120

    Sirolly 12

    such norms.12

    These are claims that are discussed and agreed to (or not) within a real

    discourse between real individuals. Validity claims' success and failure depends solely

    upon the rationally motivated agreement of the participants of the debate. In other

    words, validity claims are accepted or not by the force of the better argument, and thus

    are normative because of their social acceptance.

    The set of presuppositions that make consensus possible necessarily create an

    intersubjectivity which allows for the recognition and challenging of validity claims.

    This process of creating an intersubjective perspective ideally includes [ascribing]

    identical meanings to expressions, [connecting] utterances with validity claims, and

    [assuming] that addressees are accountable, that is autonomous and sincere, with both

    themselves and others.13

    Through these three idealizations the participants form the

    intersubjective perspective, which builds a linguistic foundation through ordinary

    language use. This linguistic foundation allows participants to directly and cooperatively

    discuss any social norm in a meaningful way that allows for mutually understood

    argumentation and eventually consensus.

    The final rule of discourse, (c) that an individual must be ready to take on the

    obligations resulting from consensus,14

    guarantees that the agreements made in the

    communication are carried through. Whereas a verbal agreement might rest only on a

    principled, philosophical argument, agreement formed in communicative action must be

    carried out in the lives of the agreeing participants. The norms created through

    communicative action are binding and internally codified, rather than externally enforced.

    In this way, the results of communicative action are like a moral code, where the

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    18/120

    Sirolly 13

    motivation for compliance is an internalduty.

    Communicative action seems to gives a more complete, human, picture of the

    motivations and construction of societal norms in that it allows for the following of social

    norms not only because they are there, or that strategic rationality dictates that we do so,

    but rather because of a personal agreement founded in a process of fair discussion in

    which anyone affected can take part. Habermas's insight is that our social lives do have a

    sense of rationality to them, in that our normative actions are rational because of the

    context of deriving those norms.

    In order to clarify what constitutes a valid norm derived from communicative

    action, Habermas presents a discourse principle:

    Just those action norms are valid to which all possibly affected persons could agree asparticipants in rational discourses.

    15

    In the discourse principle, Habermas essentially reformulates the Kantian categorical

    imperative replacing Kant's internal process of moral justification16

    with a public process

    of deliberation between individuals. In a way, the processes of discourse require

    individuals to exist in a Kingdom of Ends where the need for each individual's consent

    ensures that everyone's autonomy is fully respected. Furthermore, the ability for a

    normative rule to be generalized is found in both Kant and Habermas, except that

    Habermas requires actual deliberative testing of the generalizability of a norm. In sum,

    the process of communicative action, or deliberative discussion aimed at consensus on

    problems of action coordination is meant to generate valid norms to which every member

    affected could agree.17

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    19/120

    Sirolly 14

    2.2.2 Discourse and Democracy

    As discussed above, Habermas argues that processes of deliberation aimed at

    consensus are naturally shaped by the unavoidable presuppositions of communicative

    action. These presuppositions will, and in fact must, occur in the ideal discourse

    situation. However, because the political world is far from ideal, deliberation must be

    somehow modified in order to take into account the unavoidable social and political facts

    in the legislative process of democracy. Democratically generated laws are a distinct

    subset of discursively generated norms, but they are not one in the same. This is because

    deliberative democracy requires no preconceived societal ethic, but instead, a discourse-

    theoretic interpretation insists on the fact that democratic will-formation draws its

    legitimating force not from a previous convergence of settled ethical convictions but both

    from the communicative presuppositions that allow the better arguments to come into

    play in various forms of deliberation and from the procedures that secure fair bargaining

    processes.18

    At the same time those modified procedures must maintain a deep

    connection to the processes of communicative action in order to maintain a connection to

    normative legitimacy.

    Our next step, then, is to determine where the discourse principle fits within the

    processes of democratic legislation and governance. Deliberative democracy is the

    application of the discourse principle to the political and legal system, institutionalizing

    discourse within a system of government created to enable the creation, and enforcement

    of law.

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    20/120

    Sirolly 15

    To better define the process of legitimacy behind deliberative democracy,

    Habermas introduces the principle of democracy to establish a procedure of legitimate

    lawmaking

    19

    . The principle of democracy is:

    that only those statutes may claim legitimacy that can meet with the assent ofall citizens

    in a discursive process of legislation that in turn has been legally constituted.20

    The democratic principle both draws on and departs from the discourse principle. On one

    hand, democratic legislation must be grounded in communicative action through

    discursive processes in order to be legitimate. On the other, the historical and societal

    nature of law requires a reformulation of that principle.

    The nature of law is due to its specific role in society throughout history, and thus

    the constraints on the discourse principle are not particularly normative, but historical.21

    The story of law, as told by Habermas, begins in the traditional society, where individuals

    interacted on a regular basis. Due to this regular interaction, the subjects recognized each

    other as irreplaceable members of a concrete community. Furthermore, this daily

    interaction allowed a moral tradition to be generated and sustained through

    communicative action. A primitive society would be composed of individuals who all

    followed fairly similar, not very specialized roles, and each of these individuals would be

    working under a similar moral system. However, as the society became increasingly

    compartmentalized and specialized, the legal form became necessary to offset deficits

    arising with the collapse of traditional ethical life.22

    This collapse, due to the

    stratification and compartmentalization of society, meant that legal norms had to

    regulate interpersonal relationships and conflicts between actors who recognize one

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    21/120

    Sirolly 16

    another in an abstract community first produced by the legal norms themselves.23

    In a modern society, where the traditional ethical construction has lost its

    foothold, the society is composed of actors who interact sparsely or not at all. Problems

    of action coordination arise between these actors that cannot be feasibly solved by

    traditional discursive methods. Here law must fill in the gap between individuals,

    creating both a language for interaction as well as a set of rules for that interaction. In

    order for markets, businesses, specialization, and modern commerce in general to come

    into being, law is necessary to artificially create communal standards to allow these

    disciplines and structures to function and exist.24

    The nature of law must differ further from morality in that law pertains only to

    external relationships, rather than internal kinds of motivation.25

    Because of the lack of

    everyday communicative interaction between the parties involved, which would have

    created the intersubjective perspective in a normal discursive process thereby enabling

    norms to be generated, law is not an internally motivated moral choice but rather a choice

    of rule conformation. Furthermore, because law serves the function of intermediary

    between individuals who do not often interact, law asks only that the participants can

    imagine themselves as typical members of a legally constituted community. This nature

    of the law, which guides the outcomes of the democratic principle, distinguishes moral

    norms from the norms created from the democratic principle insofar as the moral

    principle generates an internally constituted rule set whereas the democratic principle

    refers to the level at which interpenetrating forms of argumentation are externally

    institutionalized.26

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    22/120

    Sirolly 17

    Thus law, Habermas argues, must play a dual role, in that it must adhere to the

    burdens imparted by its social role and at the same time maintain its connection to

    normative claims;

    27

    law must both address local actors in particular situations as well as

    tie its precepts to universalizable validity claims; law is inherently enforced coercively,

    yet the individuals under coercive enforcement must see themselves as the authors of that

    law. Law is split between these competing claims of the facts of social reality and the

    normative ties that give legitimacy to the law. The generation of law must maintain a

    connection to, but take a step away from, the ideal considerations of the discourse

    situation. Where this step leads is into the democratic principle, a less ideal, more

    flexible standard of legitimacy for law and democracy.

    In general, the democratic principle should institutionalize the communicative

    framework for a rational political will-formation, and it should ensure that will-formation

    can express itself as the common will of freely associated legal persons.28

    Unfortunately, because legally binding arguments are not ideal, due to their inclusion of

    strategic bargaining and compromise procedures, the universal presuppositions of

    argumentation can only be approximately fulfilled.29

    Ideally, the procedure of

    communicative action would be institutionalized as the discursive political process,

    however social and political facts of argumentation prevent this idealization from being

    realized. Thus the hope of deliberative democracy is to approximate the ideal outcomes

    of communicative action through institutions of government and law that can guide the

    pre-existing social and political complexity towards a more ideal, communicative

    structure of decision making.

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    23/120

    Sirolly 18

    Furthermore, the reality of politics requires careful consideration about existing

    power and social structures to ensure that they do not overwhelm the ideals of the

    discourse principle. Also, the discourse principle is meant to deal with disputes over

    ideal and normative matters and so it is not entirely adept at addressing the temporally

    limited, pragmatic, and complicated questions that arise in the political sphere.

    In response, Habermas answers that the centerpiece of deliberative politics

    consists in a network of discourses and bargaining processes that is supposed to facilitate

    the rational solution of pragmatic, moral, and ethical questions the very problems that

    accumulate with the failure of the functional, moral, and ethical integration of society

    elsewhere.30

    Deliberative politics must walk a fine line between maintaining a

    connection to moral standards while returning decisions that meet the practical

    limitations inherent in politics. In attempting to incorporate the pluralism of value

    orientations in modern society, deliberative democracy cannot expect to modify these

    value orientations immediately, nor can it ignore them.

    Because the goal in these discourses is compromise31

    rather than mutual

    consensus, there must be rules of bargaining that somehow neutralize power differences

    between the parties. Furthermore, the deliberative process must include methods of fair

    bargaining that are not seen in the discourse principle. Habermas cautions that these

    conditions of bargaining, rather than consensus seeking, will likely induce strategic

    actions by the parties involved.32 Strategic action is incompatible with the outcomes of

    communicative action, but deliberative democracy and the legal claims to validity are

    more flexible than those of communicative action alone. In legislation generated through

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    24/120

    Sirolly 19

    democratic political processes:

    The supply of information and purposive-rational choice of means are

    interwoven with the balance of interests and compromise formation; with

    the achievement of ethical self understanding and preference formation;and with moral justification and tests of legal coherence. This concept is

    strong enough to ground the deliberative mode of the legislative process as

    a necessary condition of legitimate lawmaking, but weak enough not tolose touch with empirical theories.

    In this construction of democratic lawmaking, legislative processes maintain fairness, but

    at the same time incorporate social realities. Fairness is maintained, even in the face of

    strategic action, insofar as the ability to bargain and have influence is given equally to all

    of the participants. Then, fairness is achieved in negotiated agreements when all the

    affected interests can come into play and have equal chances of prevailing.33

    It may seem that the discourse principle is now almost relegated to a footnote, in

    that legislative processes must move farther and farther away from consensus in order to

    incorporate social reality. However, the basic ideas of fair bargaining must be founded

    within moral discourses rooted in the discourse principle. Furthermore, the particular

    nature of the issues at hand in legislative decision making temporally limited and non-

    generalizable as moral norms determines that the discourse principle is only

    supplemented but not replaced. This allows the deliberative democracy to incorporate

    the non-ideal nature of the discourse. When viewed as a whole, deliberative politics is a

    messy process, but even so it always maintains its connection to the original legitimating

    forces of law. The processes of deliberative democracy incorporate the power structures

    and social and political facts but only after their harmful affects have been largely

    negated.

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    25/120

    Sirolly 20

    2.2.3 The Two-Track Model of Politics and Society

    In Habermass deliberative democracy, the question arises, who is discoursing,

    and what is the context or purpose of that discourse? Habermas argues for a two track

    solution, where democratically generated legislation has two components to its

    generation: an institutional component of legislative procedure within the government,

    and a public component where the public spheres non-institutionalized deliberative

    insights provide direction for, and give legitimacy to, the institutional procedures of

    government. This two track model is legitimate under two conditions, that the

    institutional procedures must be open to input from the informal public sphere and that

    the institutional structure is appropriately formatted to allow for the relevant types of

    discourse to ensure a rational outcome. The second of these precepts has been fleshed

    out in the above discussion on the democratic process and its inclusion of fair processes

    of bargaining and strategic action in concert with the deeper tie to normative processes.

    The first condition requires a discourse of interaction between the citizen and their

    government. Before this interaction can be analyzed, the idea of citizenship must first be

    clarified. In the two track model, the normative standing of the citizen is an

    amalgamation of the two most commonly accepted political constructions of the citizen

    originating in the theories of liberalism and republicanism.34

    Liberalism views the citizen as a private person with private rights that protect

    them against the government and other citizens:

    As a bearer of these rights they enjoy the protection of the government, as

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    26/120

    Sirolly 21

    long as they pursue their private interests within the boundaries drawn bylegal statutes. Political rights such as voting rights and free speech... give

    citizens the opportunity to assert their private interests in such a way that

    by means of elections, the composition of parliamentary bodies, and the

    formation of government, these interests are finally aggregated into apolitical will that makes an impact on the administration.35

    The liberal view of politics in general views politics as the interaction of a number of

    private individuals. If there is no coherent public sentiment, than a subjugation of the

    minority is possible because through greed or treating individuals as a means rather than

    an end. Perhaps the treatment of individuals as private citizens then brings liberals to

    their common fear of a tyranny of the majority, where minority groups are subjugated

    to the will of a majority within the society, and thus human rights must be codified to

    protect these minorities.

    A deliberative democracy pushes past the view of citizens as entirely private. The

    very nature of communicative discourse requires a sense of political commonality and

    cooperation. When individuals form their will and opinions in a public, deliberative,

    setting, they no longer can be said to hold entirely private interests. Instead, their

    interests and preferences are those that are defensible in deliberation.

    In contrast to liberalism, civic republicanism views the public processes of

    politics and political deliberation to be constitutive for the processes of society as a

    whole.36

    Society, and thus the lives of those within it, is centered about politics.

    Rights are not negative, but are positive liberties which guarantee the possibility of

    participation in a common praxis, through the exercise of which citizens can first make

    themselves into what they want to be - political autonomous authors of a community of

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    27/120

    Sirolly 22

    free and equal persons.37

    The problem of the republican approach is that it has a

    communitarian tendency, in that it attempts to create an ethical construction of political

    discourse.

    38

    As previously noted, modern politics cannot be founded upon on one

    common societal ethic.

    Because of the legal systems grounding through the discourse principle, legal

    persons -or those subject to, and authors of, the law- must be defined as bearers of rights.

    These rights can come in two general genres, popular sovereignty and human rights is the

    right to self-rule. Civic republicans argue that the right to popular sovereignty is at the

    heart of political organization, and that any system of rights is only an extension of the

    specific ideals of each community. The second general genre of rights that legal persons

    may claim is that of human rights. Popular sovereignty and human rights have often been

    thought to be at odds with one another, due to the fact that rights limit the bounds of

    popular sovereignty and their foundations are at odds-one founded in liberalism, the other

    republicanism. However, Habermas argues that these two types of rights are not in

    conflict, but instead work in concert to allow citizens the freedom and ability to exercise

    their political autonomy.39

    That the two types of rights work in concert is due to the deliberative founding of

    those rights within the idea of political autonomy. The exercise of political autonomy, in

    concert with the democratic principle requires that the communicative processes of will

    and action formation that compose the discourse principle are controlling legislation.

    Therefore, individuals must be able both to participate fully in the process of discourse as

    well as freely form their own opinions and conclusions. To deny either of these would be

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    28/120

    Sirolly 23

    to undercut the process of communicative action, and thus the legitimacy of the

    legislation. Neither popular sovereignty nor human rights can be placed above the other.

    Or, human rights are necessary to ensure that popular sovereignty is accessible through

    communicative action. In this construction, both human rights and popular sovereignty

    are intrinsically inseparable.

    The two-track model of discursive politics denies both that democracy can be

    legitimate without some public orientation and that society is constituted and centered

    about politics. First, if the theory of communicative action and the discourse principle is

    at the center of legitimacy, citizens must be somehow publicly oriented toward mutual

    cooperation and understanding. Second, political questions are not questions about

    shared moral and ethical life, and so society cannot be wholly centered around politics.

    [These] two views would exhaust the alternatives only if we hat to conceive of the state

    and society in terms of the whole and its parts. To the discourse theory of democracy

    corresponds, however, the image of a decentered society.40

    Political power flows not from one origin, but from two tracks, the

    institutionalized legislative government and the civil society, or public sphere. The

    institutions of government are charged with focusing the numerous conversations and

    non-institutionalized deliberations in the public sphere into a coherent legislation. This is

    because communicative power and influence generated in the public sphere are

    transformed into 'administrative power' through legislation.41 The discourses in the

    public sphere serve to direct, through political elections and activism, and legitimate the

    actions of the institutions of governance.

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    29/120

    Sirolly 24

    There is essentially a balance of power between the public sphere and the

    government, mediated by the precepts of a constitution. The constitution ensures that the

    government must take account the discourses of the public sphere while at the same time

    the public sphere is unable to legislate independent of the government. This method

    allows social complexity to be preserved and recognizes the impossibility of a society-

    wide discussion, but at the same time brings the multiplicity of deliberative results into

    play in the opinion and will formation leading up to legislation.

    In sum, Habermas's conception of deliberative democracy is rich and deep. He

    founds democratic legitimacy in the discourses of citizens attempting to live together in

    society and the connection of the outcome of those discourses to democracy and law.

    Habermas is understandably not alone in describing what a deliberative democracy might

    look like, and in order to add some depth and breadth to the picture I will now review

    some of the most important components of a deliberative democracy through the work of

    some of these contemporary thinkers.

    2.3 Deliberative Democracy: A Review of the Literature

    A full review of the literature on deliberative democracy is far outside of the

    scope of this paper. What I offer here is a sample of the literature on what constitutes a

    fair and legitimate deliberation. Because the concern of this paper is whether voting and

    deliberation can be reconciled, the following will be an exposition of what constitutes a

    fair and legitimate deliberation. Because deliberation, rather than voting, is the central

    key to legitimacy of democracy, voting must mesh with deliberative standards, instead of

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    30/120

    Sirolly 25

    the reverse. Therefore, it is imperative to have a clear picture of the fair and legitimate

    deliberation in mind before voting is addressed at all.

    2.3.1 Deliberation and Fairness

    Amy Guntman and Dennis Thompson, in their work Why Deliberative

    Democracy, suggest that the precepts and principles of deliberative democracy are

    centered around one idea: reciprocity.42

    They explain that, the basic premise of

    reciprocity is that citizens owe one another justifications for the institutions, laws and

    public policies that bind them.43

    Insofar as this is true, reciprocity is the driving force

    behind our actions oriented at consensus in deliberation. Through pursuing reciprocity

    we pursue an ongoing activity of deliberation which includes mutual reason-giving,

    punctuated by collectively binding decisions.44

    Out of the principle of reciprocity flows the idea of the economy of mutual

    respect. The economy of mutual respect calls on individuals to look for points of

    convergence of argument.45

    Mutual respect requires that, when political opponents seek

    to economize on their disagreements, they continue to search for fair terms of social

    cooperation even in the face of their fundamental (and often foundational)

    disagreements.46

    Taken together, reciprocity and mutual respect are the driving force

    behind a fair and legitimate deliberation.

    Deliberators acting with mutual respect and a sense of reciprocity could almost

    certainly be described as acting communicatively. When we must defend our arguments

    and listen to others (reciprocity), and do so in order to find consensus (mutual respect),

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    31/120

    Sirolly 26

    we have in many ways recreated the original conditions that are necessary for ideal

    deliberation about matters of action coordination. In attempting to coordinate our actions

    with another, we have already come to the realization that we require the unforced

    consent of the other. In realizing this, we must respect their ideas and justify our own if

    we hope to come to consensus at all. Thus, Guntman and Tompson provide a new

    perspective on communicative action in giving more concrete terms to Habermas's

    presuppositions of communicative action.

    In his work on issue processing, David Braybrooke provides an apt description of

    a real, yet fair, deliberative process:

    In what we might define as logically complete debate, the

    participants, turn by turn, raise proposals and invoke arguments for them,

    and the other participants deal with all the proposals and answer all thearguments not their own; thus as the issue moves toward resolution,

    every participant is aware at every stage of every ingredient still current

    in the debate. Thus, when the issue is resolved, say by a majority votingto adopt a certain set of proposals, every participant, whether in the

    majority or in the minority, will have the same complete informationabout the track the debate has taken.

    47

    Braybrook's narrative delivers us an image of the discourse principle unfolding in the real

    world, and brings several considerations about the discourse principle to light. The first

    consideration is that of the scale of the debate. Braybrook's narrative insists that each

    participant remain informed of each and every argument that ends up affecting the final

    outcome. In order to, and in the process of, engaging in this criticism, the participants

    will come to grasp the meaning of each other's arguments, and thus will form an

    understanding of the ideological background and belief structure of every participant.

    Even in a small group of individuals, such a process is time consuming, as anyone who

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    32/120

    Sirolly 27

    has served on a committee might already know. Finally, at the conclusion of the debate,

    the individuals each understand the entire scope and depth of the debate because of their

    involvement throughout. This understanding is a mutual bond between the participants,

    from which they are able to make and defend arguments, which is what Habermas terms

    the intersubjective perspective. Therefore, even a less ideal picture of deliberation leads

    to some of the very positive outcomes of a mutually shared perspective and an all

    inclusive understanding of the outcome for each individual involved.

    Another issue which jumps out from Braybrook's narrative is that the resolution

    of the discussion is in the form of a majority wins vote. Habermas views a vote as a

    measure which is only taken when the question at the center of the deliberation is time

    dependent. A vote is taken to generate the necessary outcome, but in contrast to

    Braybrook, the discussion is not considered resolved at this point. Rather, for Habermas

    the discussion always remains open. This dissonance between Braybrook and Habermas

    begins to show, I believe, the underlying tension between ideal deliberation and its

    required practical outcomes. Habermas presents a carefully crafted theory which ensures

    that we do not taint our outcomes by closing debate with a vote. Yet, when enacted by

    actual participants, this fine distinction is easily lost, as Braybrooks use of language,

    demonstrates.

    James Borhman suggests that Habermass standard of legitimacy as laid out in the

    democratic principle is too strict to be realized in any real society. The standard of

    unanimity, that allmust agree, in a pluralist society is far too high, argues Borhman48

    .

    He suggests that Habermas reformulate the democratic principle to a law is legitimate

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    33/120

    Sirolly 28

    only if it is agreed to in a participatory process that is fair and open to all citizens.49

    This reformulation places emphasizes the process proceeding a decision, and places

    legitimacy not in the final agreement of every citizens agreement to every particular

    decision, but rather the ongoing participation of citizens in the discourse that formulates

    those decisions.

    Bohmans reformulation adds insight into the deeper purpose of deliberative

    democracy, but I am skeptical that Habermas would disagree with him. In his discussion

    of voting, Habermas argues that the process of the debate will likely continue

    indefinitely. The practical reality of society dictates that consensus is a goal at some time

    far in the future. Voting is a pause in the process of a discourse that is necessitated by

    time or institutional pressures to decide, but that vote does not stop the process. In fact,

    Habermas argues that members of a minority giving their consent to the outcome of a

    vote hinges on the proviso that they themselves retain the opportunity of winning over

    the majority with better arguments and thus of revising the previous decision.50

    In this

    light, Bohmans suggestion elucidates the deep tie of the process, rather than the

    outcome, of political deliberation to legitimacy.

    2.4Modern Challenges and Aggregative Solutions

    The hope of deliberative democracy is high. It has the capacity to strengthen

    societal cohesion as well as the foundations of democratic government. This proposal is

    especially important at this moment in history, as democracy is spread to new corners of

    the world and the democracies of old face new and deep challenges. If citizens were to

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    34/120

    Sirolly 29

    deliberate over legislation with the express purpose of reaching a consensus, or even a

    compromise, I believe that many of the ideological splits and powerful roadblocks that

    plague the current system would be swiftly removed. However, the problems of

    modernity continue to plague and institutionalization of deliberative democracy. The

    pluralism of beliefs prevents consensus, the scale of modern societies prevents society-

    wide deliberations, and the general facts of politics prevent the realization of any kind of

    idealization. These problems must be confronted in the coming years by democratic

    theorists if deliberative democracy is to have a chance of realizing its potential.

    Presently, the processes of deliberative democracy cannot expect full success, and insofar

    as they fail, we must rely on the time-tested process trusted by democracy for hundreds of

    years: aggregative voting.

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    35/120

    Sirolly 30

    Chapter 3: Aggregative Voting

    3.1 Introduction

    I argued in the previous two chapters that a deliberative democracy will always

    have occasions when voting is the only democratic means of generating political

    decisions. This chapter is concerned with an analysis of the act of voting and the methods

    of addition, or aggregation, of those votes in order to determine a majority choice. I

    begin with an outline of aggregative voting that explores the extent to which the

    procedures leading up to a vote affect the outcome. Then the narrative shifts towards the

    aggregation of a single vote and the problems of cycling that arise. The chapter ends

    with a discussion of the manipulation of aggregative voting.

    3.2 Democratic Voting and the Aggregation of Preferences

    For democratic voting to be justifiable, we must at the very least know that the

    outcome of the vote represents an actual majority choice, that the vote was not

    manipulated, and that the voters were free to choose their actual preference. In the scope

    of this paper, an individual's preferences are thought of as being expressed in their vote,

    and so an aggregation of preferences is an aggregation of votes.

    In a democracy, one might think that a vote should easily to meet these

    conditions, but voting can be a complicated process, clouding the results. For example,

    in American local and district wide elections the aggregation of votes is in the form of a

    simple plurality system. These elections generally determine positions from school board

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    36/120

    Sirolly 31

    member to members of congress. In a Presidential election, there are three steps to the

    aggregation of preferences in the form of votes. The election begins with fiery political

    primaries that often decide candidates for each major party. Next, those winners are

    presented to the entire public in a state wide vote; nationally, the vote is completed in

    three rounds: first a primary, then a popular election which chooses official presidential

    electors, and finally a vote by electors in the Electoral College.

    In American legislative decisions on proposed bills, we discover several more

    methods of aggregative voting. Any bill must first be introduced and approved by a

    committee, and within this small group the proposal goes through several rounds of

    voting of modifications and amendments. Then, a full committee vote determines

    whether the bill is considered by the full legislature. In the greater legislative body the

    proposal is subject to another round of amendments and votes on those amendments.

    Finally, depending on whether the bill is in the Senate or the House, the bill might require

    several more procedural votes which will bring about a final vote, yea or nay, on the

    content. Thus, to think of the vote on a bill as a simple yea or nay vote by the members

    of the legislature, or an election as a simple decision between a few candidates, is

    mistaken. In fact, most methods of aggregation are more than one-shot events, due to

    nominations, primaries, and a number of other processes of alternative reduction which

    are attached to decision making procedures.

    However, even if we limit our interest to the tally of votes in a one-shot context,

    where a number of alternatives are presented to some number of individuals, there are

    multiple voting systems from which one might choose. To name a few, there is the

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    37/120

    Sirolly 32

    Borda count, the Condorcet method, plurality wins, runoff voting, instant runoff voting,

    the Hare method, approval voting, the Schulze method, and the two thirds majority

    criterion, and others. Luckily, all of these voting systems work on a very similar set of

    principles anchored to the ideal of majority rule. Insofar as they are similar in this way,

    we can refer to them together as methods of aggregative voting.

    When votes are aggregated, it is common to refer to the order of options

    collectively chosen by the community as the social choice profile. As with individual

    preference profiles, we expect that the social choice profile should be logically transitive.

    Transitivity in any profile implies a logical order. In other words, transitivity means that

    if A is preferred to B, and B to C, then A is also preferred to C. Intransitivity is the

    violation of this type of logical order. The most classic case of intransitivity in a social

    choice profile is the paradox of voting.1

    3.3 The Paradox of Voting

    In the paradox of voting, we are presented with three individuals, 1, 2, and 3 who

    are attempting to decide on some social question with three alternatives, A, B and C.

    Individual 1 prefers A to B, and B to C, 2 prefers B to C, and C to A, and 3 prefers C to

    A, and A to B. The method of aggregation chosen is the Condorcet pair-wise comparison

    method, which looks at the options in pairs to determine which one beats the rest most

    often. In our paradox, when A and B are compared, 2 individuals prefer A to B, so A is

    socially preferred to B. Similarly, when B and C are compared, B is preferred twice to C,

    so B is the social choice over C. The paradox arises when C is compared to A, and in this

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    38/120

    Sirolly 33

    case, two individuals also prefer C to A. Aggregated through the Condorcet method, the

    social profile requires that A is preferred to B, which is preferred to C, which is then

    preferred to A. Thus, A is preferred to A, which is a logical impossibility, and makes the

    social choice profile intransitive. To summarize, from a set of individuals with logical or

    transitive preferences this method of aggregation does not return a result that is also

    transitive.

    3.4 Intransitivity and Voting: Arrow's Possibility Theorem

    The modern critique of methods of aggregation truly found its voice in the 1950s

    with the economist Kenneth Arrow. Arrow, who later won the Nobel Prize in

    Economics, was concerned with possibility of intransitivity in the aggregation of

    preferences. What makes Arrows work noteworthy is that he takes this single case of

    intransitivity and generalizes it to all methods of voting. In his own words:

    For any method of deriving social choices by aggregating individual

    preference patterns which satisfies certain natural conditions, it is possible

    to find individual preference patterns which give rise to a social choicepattern which is not a linear ordering.

    2

    Simply put, he argues that there is no method of adding up votes that can return a

    reasonable and defensible result in all possible cases.

    Arrow's argument defines five reasonable conditions of the construction of a

    social welfare function3 and attempts to find a method of aggregation that can meet all

    five criteria in all cases. In describing Arrows proof, I will attempt to avoid unnecessary

    formalism as much as possible. However, in order to present parts of his argument in

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    39/120

    Sirolly 34

    their original and more powerful form I will offer a quick explanation of his notation.

    I find a mathematical analogy helpful in thinking about the span of options that

    Arrows formula must represent. Simple mathematical relationships can either be greater

    than, less than, or equal to, or some combination of the three. Symbolically, we represent

    the quality of greater than as > because the number on the left is greater than the one on

    the right, less than as 3. In

    analogy, Arrow is interested in the relative position in a preference order of two different

    options, and so he constructs a relational notation. When one option is outright preferred

    to another option (> in the mathematics analogy), this relation is symbolized by aP.

    So, for instance if x is preferred to y (x>y), he writes itxPy. For the case where there is

    no preference between options x and y, (x=y) it is presented asxIy, or the individual is

    indifferent to x and y. Whenx is either preferred to or is indifferent toy, (xy) it is

    represented byxRy, which is known as a weak preference order. Also, in the case thatx

    is preferred less thany, we must only rephrase it toy is preferred tox, oryPx. These

    relations,P,I, andR constitute the whole set of relational possibilities for linear

    preference orders of comparable alternatives.

    To specify the actor whose preferences we are referring to, Arrow places a

    subscript next to the preference relation. Thus the symbol for an individual i who prefers

    x to y isxPiy, and for individual one in the paradox of voting, we writeAP1B andBP1C.

    As long as individual 1s preferences are transitive, AP1Ccan be inferred from the other

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    40/120

    Sirolly 35

    two (if A>B and B>C, then A>C). To represent the social choice outcome no subscript is

    used.2

    One final piece of notation is the use of a prime () on the relational symbol. The

    prime signifies an independent preference order over the same set of alternatives by the

    same individual. So, for example, we can writexPiy andxPiy, signifying that the primed

    and unprimed preference relations are part of different overall sets of preference orders.

    For instance, the full preference orders could bexPiy, yPiz, andxPiy, zPiy. At this point I

    will begin with Arrows proof, now armed with the necessary notational knowledge.

    Arrow asks us to consider a society of two individuals, 1 and 2, with three

    alternatives,x, y, andz, trying to make a choice through constructing an aggregate social

    welfare function. The social welfare function is subject to several basic and logical

    conditions of restraint in order to ensure that the aggregation of preferences returns a

    normatively acceptable result.

    For example, if a society is trying to collectively decide some policy, the social

    welfare function must be able to incorporate, or be defined for, every allowed individual

    ordering of preferences. It might be that some orderings are not allowed, for instance

    Germany no longer tolerates Nazi sympathizers. For those orderings that are allowed all

    2Arrow offers several uses of the notation for clarity (the parenthetical explanations are mine in the form of

    (mathematical analogue. Or, the ordinary language explanation)):a) For allx, xRx. (x=x. Or, x is indifferent, and so must also be related by R, to itself.)

    b) IfxPy, then xRy. (If x>y, then xy. Or, if x is preferred to y, x must also be preferred orindifferentto y.)

    c)

    IfxPy andyPz, thenxPz. (If x>y and y>z, then x>z. Or, if x is preferred to y and y to z, then xmust be preferred to z.)

    d) IfxIy andyIz, thenxIz. (If x=y and y=z, then x=z. Or, if x is indifferent to y and y is indifferent toz, then x is indifferent to z.)

    e) For all x and y, eitherxRy oryPx. (Either xy or y>x. Or, x can be either preferred or indifferent toy, but if it is neither of those, y must be preferred to x.)

    f) IfxPy andyRz, thenxPz. (If x>y and yz, then x>z. Or, if x is preferred to y and y is preferred orindifferent to z, then x must be preferred to z.)

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    41/120

    Sirolly 36

    possible preference orders must be accounted for. Derived from this type of

    consideration, the formal definition of the first condition is:

    Condition 1: The social welfare function is defined for every admissiblepair of individual orderings,R1,R2.4

    Remembering thatR1,R2are the preference orderings for individual one and individual

    two in the hypothetical society, the formal definition of the first condition simply requires

    the social welfare function to be defined, or be able to aggregate, any allowable

    combinations for individuals one and two.

    The second condition ensures that the social welfare function does not, for some

    alternative, respond negatively when an individual changes their preference for that

    alternative positively. For example, if the aggregation of votes determines thatx is

    societally preferred toy and an individual then decides to change their vote fromy tox,

    the total aggregated result should not then change toy being preferred tox. This would

    mean that someone increasing their preference for an alternative decreases the social

    preference for that alternative. Because this result is undesirable, Arrow presents the

    second condition of the social welfare function:

    Condition 2: If an alternative social statex rises or does not fall in ordering

    of each individual without any other change in those orderings and ifx waspreferred to another alternative y before the change in individual orderings,

    thenx is still preferred toy.5

    In a more formal way, Arrow has stated that an alternative should not be lowered in the

    societal rankings by greater support in the individual preference rankings. An

    aggregation that satisfies this condition is commonly referred to as being monotonic.

    The third condition defining the social welfare function is commonly referred to

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    42/120

    Sirolly 37

    as the independence of irrelevant alternatives. Independence from irrelevant alternatives

    means that if there is if the social welfare function is comparing to alternatives,x andy,

    the results of that comparison should not depend on a third alternativez. If we imagine a

    vote with three candidatesx, y, z, where the aggregated social preference tells us that x is

    preferred toy which is preferred toz, orxPy, yPz. In an unfortunate turn of events in our

    hypothetical vote, the candidate zdies of a heart attack close to the time of the vote.

    Arrow argues that:

    the choice to be made among the set of surviving candidates should be

    independent of the preferences of individuals for the nonsurvivingcandidates. To assume otherwise would be to make the result of the

    election dependant on the obviously accidental circumstance of whether acandidate died before or after the date of polling.

    6

    In order to avoid an effect by an alternative on the social preference order of two other

    alternatives, the formal restriction on the social welfare function is stated in condition

    three as:

    Condition3: LetR1,R

    2, andR

    1,R

    2be two sets of individual orderings. If,

    for both individuals i and for allx andy in a given set of alternatives S,xRiy

    if and only ifxRiy then the social choice made from Sis the same whether

    the individual orderings areR1,R2, orR1,R

    2.( Independence of irrelevant

    alternatives.)7

    The condition defines two different preference orders for individuals one and two over

    the same set of alternatives, and in both ordersx is at least as good asy. From this,

    Arrow claims, we must know thatx is preferred toy,by this knowledge alone.

    The last two conditions essentially ensure the democratic nature of the

    aggregation of preferences. The fourth condition is:

    Condition 4: A social welfare function is not to be imposed.8

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    43/120

    Sirolly 38

    A social welfare function is imposed if it does not respond at all to change in preference

    orders of the individuals in that society.3

    An imposed social welfare function could, for

    instance, orderxPy even if the entire society unanimously preferredy tox, oryPx.

    Imposition violates any sense of democratic rule by the people, because the people's

    preferences are completely ignored.

    The fifth and final condition states that:

    Condition 5: The social welfare function is not to be dictatorial (non

    dictatorship).

    9

    Simply put, if the social welfare functions preference order always and only depends on

    one individuals preferences, then the social welfare function is determined dictatorially

    and the controlling individual is a dictator.4

    In total, the conditions that have been placed on the social welfare function are as

    follows: it must be defined for all allowed preference orders, it must be monotonic, it

    must not take into account irrelevant alternatives, it must not be imposed, and it must not

    be dictatorial. We can say with some confidence that these general conditions are

    operating principles that should be incorporated into any logical and ethical system of

    aggregation of societal preferences.

    3 The formal definition of imposition: A social welfare function will be said to be imposedif for some pair of

    distinct alternativesx andy,xRy for any set of individual orderingsR1, R2, whereR is the social orderingcorresponding toR1,R2.

    4Formal Definition of dictatorship: A social welfare function is said to be dictatorial if there exists an individual i

    such that for allx andy, xPiy impliesxPy regardless of the orderings of all individuals other than i, where P is thesocial preference relation corresponding to those orderings

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    44/120

    Sirolly 39

    Arrow's breakthrough was in proving that a system of aggregation satisfying the

    conditions does not exist because satisfying those conditions leads to a contradiction.10

    The contradiction arises when you examine a hypothetical decision by two individuals

    over three alternatives. For two of the three alternatives, x and y, there are two general

    possibilities of preference ordering, which are: (1) both individuals prefer the same

    alternative, such thatxP1y andxP2y, or (2) they prefer different alternatives, for example

    xP1y andyP2x.

    For the first alternative(1), the social welfare function must return the resultxPy,

    because if it were to return any other ordering, the function would violate condition four,

    the imposition condition. Thus Arrow writes:

    Consequence 1: IfxP1y and xP2y thenxPy.11

    In the case of the second possibility (2) where our individuals do not agree (xP1y

    andyP2x), the social welfare function can return one of three results:xPy,yPx, orxIy.

    For the case ofxPy, returned for the preference profiles ofxP1y andyP

    2x, it can be

    shown that individual one is a dictator12

    , violating the dictatorship condition. IfyPx

    resulted, individual two would similarly be a dictator. Therefore, the only fair social

    welfare function must have the outcome of an indifferent society:

    Consequence 25: IfxP1y and yP2x, thenxIy.

    13

    So, with the conditions of fairness for the social welfare function, we have two

    consequences, that if the two individual society is split, the society is indifferent (a tie), or

    5 Here I have departed from Arrows numbering system of the consequences for clarity.

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    45/120

    Sirolly 40

    if the society is unanimous, the society prefers that option.

    In this hypothetical society of two we can imagine that individual one has a

    preference ordering ofxP1y andyP1z, (x>y>z)whileindividual twos ordering iszP2x,

    xP2y (z>x>y). From the first consequence, we know that the social welfare function must

    returnxPy (x>y). Also, with preference ordersyP1z(y>z) andzP2y (z>y) consequence

    two requires thatyIz(y=z). Thus, because the social welfare function must be transitive,

    or logically ordered,xPy andyIz(x>y=z) requiresxPz(x>z). However, if we look back

    to the original preference orders, we see thatxP1z(x>y) andzP2x (z>x) which, by

    consequence two, must resultxIz(x=z). Arrow concludes that it cannot be thatx is both

    preferred and indifferent toz[(x>z x=z)]. Hence, the assumption that there is a social

    welfare function compatible with conditions 1-5 has led to a contradiction.14

    In any

    aggregation of votes, there will always be some probability that the aggregation of those

    votes will lead to a logical contradiction.

    To generalize and summarize his result, Arrow offers the Possibility Theorem:

    If there are at least three alternatives among which the members of societyare free to order in any way, then every societal welfare function satisfying

    conditions 2 and 3 and yielding a social order satisfying Axioms 1 and 2

    must be either imposed or dictatorial. The Possibility Theorem shows that,

    if no prior assumptions are made about the nature of individual orderings,there is no method of voting which will remove the paradox of voting,

    neither plurality voting nor any scheme of representation, no matter how

    complicated.15

    In his possibility theorem Arrow has shown that, even if there happens to be a society

    where everyone can clearly express their own preferences and everyone is working

    together in good faith to determine the majoritys preference, a fair and rational method

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    46/120

    Sirolly 41

    of aggregation that always works does not exist. No matter how innovative or careful the

    counters are, as long as the method of aggregation meets the criterion of the five

    conditions, they can never eliminate the possibility of failure.

    3.5 The Ends and Means of Democracy: A Study of Riker

    Some thirty or so years after Arrow presented his powerful proof of the

    impossibility of a social welfare function that meets certain simple conditions, William

    Riker, a professor at the University of Rochester, expanded upon this theory to show the

    arbitrary and meaningless nature of any voting system. In the significant work,

    Liberalism Against Populism: A Confrontation Between the Theory of Democracy and

    the Theory of Social Choice, Riker hopes, to assess whether it is sensible to pursue

    democratic ends by democratic means.16

    By democratic ends, Riker is referring to those values that build the philosophical

    foundations for democracy. In democracy there are three fundamental values:

    participation, liberty, and equality. These elements of democracy were chosen by Riker

    not for their philosophic importance but rather because statistically they are the elements

    that most democracies hold in common.17

    His characterization is adequate, though not

    necessarily complete, in the context of an analysis of deliberative democracy.

    Participation on the part of the citizens is inseparable from deliberative democracy

    because participation is intrinsic to the legitimacy of democratic institutions and law.

    Furthermore, liberty is necessary to deliberative democracy so that individuals have the

    ability to freely choose and act within both political deliberation and society as a whole.

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    47/120

    Sirolly 42

    Finally, political equality is necessary so that deliberative results are not skewed towards

    the influential and the powerful, but rather towards the true consensus of the polity.

    When Riker asks whether democratic means can meet the democratic ends, he is

    concerned with problems that arise potentially and actually in constructing and carrying

    out a system of voting. The first question along this line of thought asks whether there is

    a proper choice of method for the aggregation of votes, and whether the choice of the

    system affects the outcome. The casual observer can likely provide their own example of

    how the construction of the system of voting can affect the final outcome. For example,

    in committees, the order of voting on different amendments and bills can return different

    outcomes. The order of amendments, or procedural votes, can steer the outcomes at the

    will of the agenda setter.

    The primary system also has the possibility of excluding a candidate that would

    be the actual majority choice of the voters. For example, in a two party system, the

    nominating procedure of the candidates may eliminate a candidate that is actually

    preferred to all the others nationally. Such a candidate, call him the Golden Median,

    though very popular with independents as well as many people in all parties, might loose

    by a narrow margin in his own party to another candidate.18

    If the primary system were

    designed, say, to not restrict voting to just party members but to any registered voter, the

    outcomes would almost certainly be different. When the outcome of a vote is dependent

    only on the choice of method of aggregation, a burden must be placed upon finding the

    rightandfairmethod of voting that can be justified over all of the rest.

    Riker contends that we cannot choose between voting systems on any ethical or

  • 8/14/2019 Deliberation and Voting in Contemporary Democratic Theory

    48/120

    Sirolly 43

    value based criteria because at least on a basic, perhaps superficial level, all of the

    methods of aggregation are fair. If, for any choice that is supposedly fair because it

    comes out of a fair procedure, there is another choice from another procedure that is fair

    in a different and conflicting way, then it is difficult to justify the fairness of any

    choice.19

    However, Riker argues that the efficiency of systems of voting can be

    analyzed by testing the system against a reasonable set of criteria. These criteria are very

    much analogous to those presented by Arrow, both in form and content. Yet, where

    Arrow defines reasonable criteria based on logical transitivity, Riker looks to fairness.

    The first criterion of a fair vote is that it is monotonic.20

    As we saw in Arrows

    second condition, a voting system should