{"title":"扩大协商民主在医疗改革中的争议解决:一项正在进行的工作","authors":"Carrie Menkel‐Meadow","doi":"10.4324/9781315248592-18","DOIUrl":null,"url":null,"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.","PeriodicalId":39484,"journal":{"name":"Law and Contemporary Problems","volume":"2014 1","pages":"1-30"},"PeriodicalIF":0.0000,"publicationDate":"2011-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"14","resultStr":"{\"title\":\"Scaling Up Deliberative Democracy as Dispute Resolution in Healthcare Reform: A Work in Progress\",\"authors\":\"Carrie Menkel‐Meadow\",\"doi\":\"10.4324/9781315248592-18\",\"DOIUrl\":null,\"url\":null,\"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.\",\"PeriodicalId\":39484,\"journal\":{\"name\":\"Law and Contemporary Problems\",\"volume\":\"2014 1\",\"pages\":\"1-30\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2011-07-25\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"14\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law and Contemporary Problems\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.4324/9781315248592-18\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and Contemporary Problems","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.4324/9781315248592-18","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Scaling Up Deliberative Democracy as Dispute Resolution in Healthcare Reform: A Work in Progress
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.
期刊介绍:
Law and Contemporary Problems was founded in 1933 and is the oldest journal published at Duke Law School. It is a quarterly, interdisciplinary, faculty-edited publication of Duke Law School. L&CP recognizes that many fields in the sciences, social sciences, and humanities can enhance the development and understanding of law. It is our purpose to seek out these areas of overlap and to publish balanced symposia that enlighten not just legal readers, but readers from these other disciplines as well. L&CP uses a symposium format, generally publishing one symposium per issue on a topic of contemporary concern. Authors and articles are selected to ensure that each issue collectively creates a unified presentation of the contemporary problem under consideration. L&CP hosts an annual conference at Duke Law School featuring the authors of one of the year’s four symposia.