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Deliberation is a process of thoughtfully weighing options, usually prior to voting. Deliberation emphasizes the use of logic and reason as opposed to power-struggle, creativity, or
dialogue Dialogue (sometimes spelled dialog in American English) is a written or spoken conversational exchange between two or more people, and a literary and theatrical form that depicts such an exchange. As a philosophical or didactic device, it is c ...
. Group decisions are generally made after deliberation through a vote or consensus of those involved. In legal settings a jury famously uses deliberation because it is given specific options, like guilty or not guilty, along with information and arguments to evaluate. In "
deliberative democracy Deliberative democracy or discursive democracy is a form of democracy in which deliberation is central to decision-making. It adopts elements of both consensus decision-making and majority rule. Deliberative democracy differs from traditional ...
", the aim is for both elected officials and the general public to use deliberation rather than power-struggle as the basis for their vote.


Trial juries

In countries with a jury system, the jury's deliberation in criminal matters can involve both rendering a verdict and determining the appropriate sentence. In civil cases, the jury decision is whether to agree with the plaintiff or the
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...
and rendering a
resolution Resolution(s) may refer to: Common meanings * Resolution (debate), the statement which is debated in policy debate * Resolution (law), a written motion adopted by a deliberative body * New Year's resolution, a commitment that an individual mak ...
binding actions by the parties based on the results of the trial. Typically, a jury must come to a unanimous decision before delivering a verdict; however, there are exceptions. When a unanimous decision is not reached and the jury feels that one is not possible, they declare themselves a ' hung jury', a mistrial is declared and the trial will have to be redone at the discretion of the plaintiff or
prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
. One of the most famous dramatic depictions of this phase of a trial in practice is the
film A film also called a movie, motion picture, moving picture, picture, photoplay or (slang) flick is a work of visual art that simulates experiences and otherwise communicates ideas, stories, perceptions, feelings, beauty, or atmosphere ...
, ''
12 Angry Men ''Twelve Angry Men'' is an American courtroom drama written by Reginald Rose concerning the jury of a homicide trial. It was broadcast initially as a television play in 1954. The following year it was adapted for the stage. It was adapted for a ...
''.


In political philosophy

In political philosophy, there is a wide range of views regarding how deliberation becomes a possibility within particular governmental regimes. Most recently, the uptake of deliberation by political philosophy embraces it alternatively as a crucial component or the death-knell of democratic systems. Much of contemporary democratic theory juxtaposes an optimism about democracy against excessively hegemonic, fascist, or otherwise authoritarian regimes. Thus, the position of deliberation is highly contested and is defined variously by different camps within contemporary political philosophy. In its most general (and therefore, most ambiguous) sense, deliberation describes a process of interaction between various subjects/subjectivities dictated by a particular set of norms, rules, or fixed boundaries. Deliberative ideals often include "face-to-face discussion, the implementation of good public policy, decisionmaking competence, and critical mass." The origins of philosophical interest in deliberation can be traced to Aristotle’s concept of ''phronesis'', understood as "prudence" or "practical wisdom" and its exercise by individuals who deliberate in order to discern the positive or negative consequences of potential actions. For many contemporary political philosophers, the rigidity of a particular set of norms, rules, or fixed boundaries about either the way that subjects who would qualify for deliberation are constituted (a position perhaps epitomized by John Rawls) or regarding the kinds of argument which qualify as deliberation (a position perhaps epitomized by
Jürgen Habermas Jürgen Habermas (, ; ; born 18 June 1929) is a German social theorist in the tradition of critical theory and pragmatism. His work addresses communicative rationality and the public sphere. Associated with the Frankfurt School, Habermas's wor ...
) constitute a foreclosure of deliberation, making it impossible. "Existential deliberation" is a term coined by the theorists of the emotional public sphere. Existential deliberation theorists contend that deliberation is an ontological state, rather than a process that can be deployed. As such, deliberation is a rare thing that only might happen in face-to-face encounters. This utilizes the insights of radical deliberation, in that the political is a rare discharge of potential into an otherwise sterile social field. "Pragmatic deliberation" is the epistemic variant on existential deliberation, frequently focusing on the ways in which groups could be assisted with producing positive outcomes that both aggregate and transform the views of effected publics. Advocates of "public deliberation" as an essential democratic practice focus on processes of inclusiveness and interaction in making political decisions. The validity and reliability of public opinion improves with the development of "public judgment" as citizens consider multiple perspectives, weigh possible options, and accept the outcomes of decisions made together.


Radical deliberation

Radical deliberation refers to a philosophical view of deliberation inspired by the events of the student revolution in May 1968. Political theory concerned with radical democracy, particularly that of such theorists as
Michel Foucault Paul-Michel Foucault (, ; ; 15 October 192625 June 1984) was a French philosopher, historian of ideas, writer, political activist, and literary critic. Foucault's theories primarily address the relationship between power and knowledge, and how ...
, Ernesto Laclau, Chantal Mouffe, Jacques Ranciere, and Alain Badiou also focus upon deliberation insofar as the process of engagement between disparate positions create the conditions of possibility for a politics. Notably for these thinkers, the task of radical democracy is always and already unfinalized, subject to a series of changes which occur outside of the conscious influence of any single actor and are instead the discursive effects of the contingent assemblies of larger bodies politic. Michel Foucault's use of 'technologies of discourse' and 'mechanisms of power' describes how deliberation is either foreclosed or is a product of a series of technologies of discourse which produce a semblance of agency through the reproductions of power as they occur between individual subjects. The account of 'mechanisms' or 'technologies' is in some sense paradoxical: on the one hand, these technologies are inseparable from the subjects which enunciate them. On the other, to speak of the machine or technology which coordinates suggests an infrastructure through which the social is collectively organized, which suggests the removal of subjects from the means of their organization: a god's eye view of the social that is only coordinated by the movement of the parts.
Chantal Mouffe Chantal Mouffe (; born 17 June 1943) is a Belgian political theorist, formerly teaching at University of Westminster. She is best known for her contribution to the development—jointly with Ernesto Laclau, with whom she co-authored her most fre ...
uses 'the democratic paradox' to generate a self-sustaining model of politics which is built on foundational contradictions - the non-resolution of which produces a productive antagonism between subjects who recognize the other's right to speak. For Mouffe, the fact of the configuration of the social is the only foundational political stability - that and the certainty of a penultimate articulation's deferral. That is to say: re-articulations of the social will always occur. Again, process overwhelms content: the paradox of liberalism and popular sovereignty is the generative motor of radical democracy. The rhetorical gesture of the foundational paradox becomes a mechanism; an interface between the human and a language machine which produces the conditions of possibility for continued reconfiguration: a positive feedback loop for politics. Although Chantal Mouffe and Jacques Ranciere differ in their stance on what the conditions of the political are (for Mouffe, this is an internal reorganization of existing social arrangements in what are called 'articulations), for Ranciere, it is the incursion of an externality which had not yet been accounted for. In the 'arithmatic/geometric' distinctions of politics, there is a(n) (near) explicit appeal to the mechanical or mathematical: the political sustains itself by perpetuating a dialectic between homeostasis and reconfiguration (what
N. Katherine Hayles Nancy Katherine Hayles (born December 16, 1943) is an American postmodern literary critic, most notable for her contribution to the fields of literature and science, electronic literature, and American literature. She is the James B. Duke Di ...
might call 'pattern' and 'randomness') through a 'count' of what is internal to the police order. The mechanism of politics makes it possible for future reconfigurations only by making new inclusions, thereby rearranging the social, returning to homeostasis, and perpetuating the impossibility of a complete 'whole'. It is again a kind of rhetorical paradox which is the motor of politics: a foundational arbitrariness in who is or who is not permitted to speak.


See also

*
Online deliberation Online deliberation is a broad term used to describe many forms of non-institutional, institutional and experimental online discussions.Bächtiger, A., Dryzek, John S., Mansbridge, Jane J., & Warren, Mark. (2018). The Oxford handbook of deliberative ...
*
Blank pad rule The blank pad rule is an American term for the legal doctrine and metaphor in common law that requires a tribunal to base its decision solely upon evidence established at trial.Kenneth Graham, ''Confrontation Stories: Raleigh on the Mayflower'', ...


Other theorists

*
Hannah Arendt Hannah Arendt (, , ; 14 October 1906 – 4 December 1975) was a political philosopher, author, and Holocaust survivor. She is widely considered to be one of the most influential political theorists of the 20th century. Arendt was born ...
*
Giorgio Agamben Giorgio Agamben ( , ; born 22 April 1942) is an Italian philosopher best known for his work investigating the concepts of the state of exception, form-of-life (borrowed from Ludwig Wittgenstein) and '' homo sacer''. The concept of biopolitics ( ...
* Bruno Latour *
Bonnie Honig Bonnie Honig (born 1959), is a political, feminist, and legal theorist specializing in democratic theory. In 2013-14, she became Nancy Duke Lewis Professor-Elect of Modern Culture and Media and Political Science at Brown University, succeeding A ...
*
Lauren Berlant Lauren Gail Berlant (October 31, 1957 – June 28, 2021) was an American scholar, cultural theorist, and author who is regarded as "one of the most esteemed and influential literary and cultural critics in the United States." Berlant was the Geo ...


See also

* Argument map * Dialogue mapping * Low-information rationality


References


External links

* {{jury Political philosophy Legal reasoning Juries Group decision-making