What Does the Discursive Paradox Really Mean for Democracy?

Abstract

Pettit's claim that the discovery of the so-called ‘discursive paradox’ bears important implications for the normative theory of deliberative democracy has been challenged on the ground that there are substantial structural differences between the fora of democratic deliberation and the judicial context in which the paradox first emerged. In this article I defend Pettit's claim against these objections, but I also reject the implications Pettit draws from his discussion of the paradox. Specifically, I argue against one of the key assumptions on which Pettit's discussion rests: that in order to function properly as a guarantee against tyranny deliberation requires consistency. The upshot of the discussion is that the discursive paradox is, indeed, relevant for the theory of deliberative democracy. However, contrary to what Pettit's argument suggests, the discursive paradox is not relevant because it reveals a conflict between deliberation and democracy. Rather, it is relevant because it reveals a conflict between deliberative democracy and the requirement of collective consistency.