Legitimacy Problems in Deliberative Democracy

The classic accounts of deliberative democracy are also accounts of legitimacy: 'that outcomes are legitimate to the extent they receive reflective assent through participation in authentic deliberation by all those subject to the decision in question' ( Dryzek, 2001 , p. 651). And yet, in complex societies deliberative participation by all those affected by collective decision-making is extremely implausible. There are also legitimacy problems with the demanding procedural requirements which deliberation imposes on participants. Given these problems, deliberative democracy seems unable to deliver legitimate outcomes as it defines them.
Focusing on the problem of scale, this paper offers a tentative solution using representation, a concept which is itself problematic. Along the way, the paper highlights issues with the legitimate role of experts, the different legitimate uses of statistical and electoral representation, and differences between the research and democratic imperatives driving current attempts to put deliberative principles into practice, illustrated with a case from a Leicester health policy debate. While much work remains to be done on exactly how the principles arrived at might be transformed into working institutions, they do offer a means of criticising existing deliberative practice.     

Modes of influence: Participation in publicly administered development programmes

This article considers the way that farmers within a national agricultural advisory programme in Uganda were able to exert influence over that programme's policy and practice. Although the literature has tended to focus on engagement within formal programme structures as a major mode of participation, the analysis of the NAADS case reveals that farmers were able to exert an important influence over programme policy through their roles as political constituents. The brokerage role of supportive programme staff also worked to allow farmers' views to influence the programme, as did the collective weight of decisions commonly made by farmers, and to a lesser extent, the lobbying efforts of national NGOs. Copyright © 2009 John Wiley & Sons, Ltd.     

Parents' and Children's Views on Talking to Judges in Parenting Disputes in Australia

Judicial interviews with children in contested parenting proceedingsare an uncommon and contentious practice in Australia and manyother common law jurisdictions. While there has been some debateabout the merits and risks of such a practice among professionalsand academic commentators, there is little research on the viewsof children and parents. In this study, children and parentsinvolved in contested and non-contested family law matters inAustralia were asked to comment on this practice. A subsequentarticle will explore the views of Australian judges on talkingwith children in chambers, and their experience of doing so.Children and parents had mixed views but most children saidthat it should be an option even if they did not want it forthemselves. Children who had been the subject of contested proceedingswere generally keen to talk to the judge even though most hadbeen interviewed by an independent expert and had a child legalrepresentative. Resident parents were, however, much more likelythan non-resident parents to be in favour of children beingable to talk with the judge, either alone or together with acounsellor or ‘interpreter’. Both parents and childrenwho were in favour of children talking directly to judges gavevery similar reasons. They were related to children's rightto be heard and acknowledged, the value of direct communicationand the likely beneficial effect on the decision.     

Reengineering the Child Support Scheme: An Australian Perspective on the British Government's Proposals

After years of problems with the Child Support Scheme in Britain, the Government has decided to attempt reform again, less than four years after a previous major change was implemented in 2003. The author evaluates these reform proposals, drawing upon his experience in leading a recent major review of child support policy in Australia. While many of the reform measures offer a sensible way forward for child support policy, Britain risks going backwards in terms of community acceptance of the child support obligation. The Government needs to consider the likely impact of its policy settings on private agreements about child support. Ways are proposed both to protect the Treasury and to promote the wellbeing of children by adopting different policy settings that ensure the resident parent has an incentive to bargain for the level of child support required by the new formula. The new formula itself is evaluated in the light of the international research on the costs of children. Ways are also suggested for developing a co-ordinated approach across government to the provision of support services for parents who do not live together.     

MEDIATING WITH HIGH-CONFLICT COUPLES

Models of mediation based on negotiation assume that participants can think and act rationally, whereas in reality, when individuals are overwhelmed by anger and pain, their capacity for reason and logic diminishes. Family mediators need to appreciate the intensity of the irrational feelings and reactions they see in mediation and to consider their personal impact. Mediators can help to contain family crises by adapting the family crises by adapting the model and methods in this article to fit different levels and patterns of conflict. An understanding of systems theory is particularly helpful in considering the functions of conflict and varying needs to maintain conflict. This article suggests that mediators can use different kinds of nonverbal and verbal communication and surprise those who expect mediators to give them a stock response.