Abstract

http://ssrn.com/abstract=1894898
 
 

Footnotes (127)



 


 



Scaling Up Deliberative Democracy as Dispute Resolution in Healthcare Reform: A Work in Progress


Carrie Menkel-Meadow


Georgetown University Law Center; University of California Irvine, School of Law

July 25, 2011

Law and Contemporary Problems, Vol. 74, pp. 1-30, 2011
UC Irvine School of Law Research Paper No. 2011-31
Georgetown Public Law Research Paper No. 11-111

Abstract:     
This essay explores how application of deliberative democracy and conflict resolution theories expose how the town hall meetings conducted on debates about recent American healthcare reform were poorly managed. The article suggests that for truly deliberative democracy to work, theory and practice must take account of three forms of discourse: rational-principled, bargaining-trading (utilitarian) and affective, emotional and value-based discourses. The article explores deliberative democracy and conflict resolution theory (e.g., Habermas, Hampshire), contrasts these to more nuanced analyses of what is possible in political deliberation processes (Elster, Sen, and Fishkin, among others) and describes how the town hall meetings were poorly executed in practice. Suggestions are offered for both theoretical issues (how are professional process experts, e.g. facilitators of consensus building fora to be justified in democratic theory) and practical variations on process themes, in the hopes that well structured and variable processes might still be designed and utilized for facilitating productive participation in the polity and more "consensus-seeking," and better and more flexible policy outcomes, even in highly contested political issues.

Number of Pages in PDF File: 31

Keywords: negotiation, political theory, dispute resolution, deliberative democracy

JEL Classification: I18, K10, K20, K30

Accepted Paper Series


Download This Paper

Date posted: July 26, 2011 ; Last revised: August 5, 2011

Suggested Citation

Menkel-Meadow, Carrie, Scaling Up Deliberative Democracy as Dispute Resolution in Healthcare Reform: A Work in Progress (July 25, 2011). Law and Contemporary Problems, Vol. 74, pp. 1-30, 2011; UC Irvine School of Law Research Paper No. 2011-31; Georgetown Public Law Research Paper No. 11-111. Available at SSRN: http://ssrn.com/abstract=1894898

Contact Information

Carrie J. Menkel-Meadow (Contact Author)
Georgetown University Law Center ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9379 (Phone)
202-662-9412 (Fax)
University of California Irvine, School of Law ( email )
401 E. Peltason Drive
Irvine, CA 92697-1000
United States
949-824-1987 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 1,283
Downloads: 157
Download Rank: 105,564
Footnotes:  127

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.734 seconds