University at Buffalo School of Law Digital Commons @ University at Buffalo School of Law Journal Articles Faculty Scholarship Winter 1996 Shut Up and Vote: A Critique of Deliberative Democracy and the Life of Talk James A. Gardner University at Buffalo School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/journal_articles Part of the American Politics Commons, Constitutional Law Commons, and the Election Law Commons Recommended Citation James A. Gardner, Shut Up and Vote: A Critique of Deliberative Democracy and the Life of Talk, 63 Tenn. L. Rev. 421 (1996). Available at: https://digitalcommons.law.buffalo.edu/journal_articles/208 This article was published originally at 63 Tenn. L. Rev. 421 (1996) and is reproduced here by permission of the Tennessee Law Review Association, Inc. This Article is brought to you for free and open access by the Faculty Scholarship at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Journal Articles by an authorized administrator of Digital Commons @ University at Buffalo School of Law. For more information, please contact
[email protected]. SHUT UP AND VOTE: A CRITIQUE OF DELIBERATIVE DEMOCRACY AND THE LIFE OF TALK JAMES A. GARDNER* I. INTRODUCTION In the last few years, the subject of "discourse" has received enormous attention in the legal academy. It is virtually impossible to open a legal journal without coming across articles devoted to the dynamics of legal and political discourse, the power relations among the participants, or the significance of the dialogic process. Much of this work has been devoted to establishing the desirability-and in some cases the ethical necessity-of social dialogue, especially patient and respectful listening.' However, until recently, few serious attempts had been made to fold the insights of dialogic theory into any kind of political theory that might provide concrete guidance to real people about how they ought to live their lives.2 * ProfessorofLaw, Western New England College School of Law; B.A.