Say You Want Deliberation, Well . . .
OK, so brainstorming about the general idea of creating something deliberative juries to set policy – what are the drawbacks?
A major one is participation. I think to work, this is something where you’d have to get large swaths of the population involved. You can’t let people out of it because they have very busy very important jobs, because the perspective given by those very busy very important jobs needs to be represented. We’re not looking for an “unbiased� or “neutral� panel – we’re looking for a panel whose collection of biases resembles the collection of biases in the nation. But that means mandating participation and closing a lot of loopholes. Is one of the rights in a democracy the ability to avoid participating in a democracy? My gut instinct says no – that if you want to enjoy the fruits of certain rights and political structures, you need to pay into the cost of having them. And if a deliberative democracy is going to work, you need people to understand what deliberation is and how a group of citizens can set a policy. If understanding comes through doing, then people need to do it. We make people go to grade school and high school not just for their own benefit but because the costs to society are too large if they don’t.
Why do I think it’s dangerous for citizens to not understand the deliberative process through participation? Because if the process isn’t something you participate in, it becomes something external to you – it becomes a “them� that is against normal folks like “us.� Listen to the way most people talk about “the government� and what it does with your money, your time, your life. “The government� is an Other, a disconnected powerful force that exerts power over us but over which we have no control. So whenever “the government� tries to do something, there’s distrust, suspicion, opposition, and resistance. As a result, “the government� becomes a force to be disparaged even by those people who want to exert power through the government. Watch how many Democratic and Republican presidential candidates complain about Washington and the way it works – even though many of them are senators who are part of the existing Washington power structure, and all of them want to be a very significant part of the Washington power structure. Candidates are more than willing to exploit our alienation from what should be a democratic government. Imagine what will happen to a citizen deliberative body. If a large segment of the population refuses to participate, elites will have incentives to rail against the citizen deliberators in order to muster votes and other types of support from the nonparticipants. This will create added pressures on the deliberators and make the whole process even less attractive.
There are also a lot of logistical issues to work out in setting up a citizen deliberative body, and for the moment I’m leaving those questions aside. I figure I ought to at least raise them. What kind of issues will citizen deliberators discuss? What role, if any, would the existing branches of government play? Do we need a professional legislature to go along with the citizen deliberators? Should laws passed by citizen deliberators have a sunset clause so that they can automatically be reviewed by future deliberators? How long would a particular panel of deliberators meet? Who would pay their salaries? How would this affect the families of the deliberators? How long could the deliberators stay away from their jobs?
Lurking behind these logistical questions is the idea that someone is going to have to maintain the program. Someone has to identify the experts, edit the briefing materials, supervise the selection of the panel, moderate the discussions, perform and interpret any surveys or polling. There is still going to be a bureaucracy and a set of experts involved. While they won’t be setting policy, they’ll be exerting a large influence over the folks that do. How do we avoid Dewey’s problem of experts here? Familiarity helps, so part of each deliberative panel’s process should include an explanation of how the panel and materials were selected and what the goals of deliberation are, something along the lines of the introduction potential jurors get before they are interviewed. This way the citizenry will understand how the process is supposed to work, and if they see it being abused, they are more likely to rise to its defense. (This will only work if the system is sufficiently established that a number of the citizens care about its continues integrity, which I admit is an uncertain bet.)
OK, I still need to flesh out some of what I’ve said here, plus I’m kicking some ideas around about the importance of institutional memory and how a deemphasis of expertise would affect that memory. That’ll be the first weekend thought to tackle.
About Dave Thomer
Born and raised in Philadelphia. Studied philosophy at Fordham University in the Bronx, where I made many great friends and met my wonderful wife. We moved back to Philadelphia, where I studied philosophy some more and became a teacher. Online and off, I'm looking for ways that we can be better citizens and build stronger communities.