Fordham University School of Law
A pressing concern in political and constitutional theory is how to construct a model of justification in law and politics that offers methods for securing agreement and social cooperation in the face of moral pluralism. A common goal of this work is to elaborate the requirements of deliberative democracy, that is, a model of democratic self-government that "asks citizens and officials to justify public policy by giving reasons that can be accepted by those who are bound by it."' Two fundamental questions are: (1) are there any limits to the grounds to which citizens may appeal or the reasons that they may proffer to support their positions?; and (2) if so, what are they?
Linda C. McClain,
Deliberative Democracy, Overlapping Consensus, and Same-Sex Marriage
Fordham Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2888