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Reclaiming Egalitarianism in the Political Theory of Campaign Finance Reform

Frank A. Pasquale III
Seton Hall University - School of Law; Yale Law School



University of Illinois Law Review, Vol. 2008, No. 2, 2008
Seton Hall Law School Public Law and Legal Theory Research Paper No. 1111566

Abstract:     
Recent advocacy for campaign finance reform has been based on an ideal of the democratic process which is unrealistic and unhelpful. Scholars should instead return to its egalitarian roots. This article examines how deliberative democratic theory became the main justification for campaign finance reform. It exposes the shortcomings of this deliberativist detour and instead models campaign spending as an effort to commodify issue-salience. Given this dominant function of money in politics, a more effective paradigm for reform is equalizing influence. Advocates of campaign regulation should return to the original principles of reformers; not an idealized vision of the democratic process, but pragmatic concerns about moneyed interests acquiring too much influence over the nation's politics.

Keywords: campaign finance, egalitarianism, political theory, Rawls, deliberative democracy, politics

Accepted Paper Series

Date posted: March 20, 2008 ; Last revised: April 27, 2008

Suggested Citation

Pasquale, Frank A., Reclaiming Egalitarianism in the Political Theory of Campaign Finance Reform. University of Illinois Law Review, Vol. 2008, No. 2, 2008; Seton Hall Law School Public Law and Legal Theory Research Paper No. 1111566. Available at SSRN: http://ssrn.com/abstract=1111566


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Contact Information

Frank A. Pasquale III (Contact Author)
Seton Hall University - School of Law ( email )
One Newark Center
Newark, NJ 07102-5210
United States
Yale Law School ( email )
New Haven, CT 06520
United States
HOME PAGE: http://www.law.yale.edu/faculty/FPasquale.htm
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