SYNOPSIS:

In this presentation, I will argue that central tenets of theories of deliberative democracy are pertinent to jurisprudential issues and questions of legal design. In particular, I will claim that despite arguments in the literature to the contrary, election law can be conceived of in deliberative democratic terms. Moreover, I will argue that land use institutions can and should be designed in ways that are consistent with key insights of deliberative democracy. I will conclude that a central concern for law should be the capacity of citizens to contribute to, and be persuaded by, reasons for state action.  FULL DETAILS