The Discourse Principle

[Ned Conner]

(This email begins a series of threads that will branch off from the 
original thread: *Legitimation in Votorola Practice*.)

    D. Just those action norms are valid to which all possibly affected
    persons could agree as participants in rational discourses. 

The Discourse Principle (D) specifies (proposes) the criterion that 
renders an action norm valid.

The criterion is *NOT* that any particular group of individuals actually 
*DOES* agree. The criterion is that *ALL* possibly affected persons 
*COULD* agree.

One can appreciate the wisdom of stating the principle in this way when 
one considers, for example, that for a great many action norms, future 
generations yet unborn are included in the set of "all possibly affected 
persons". In large populations, it seldom happens that the set of actual 
participants in each particular decision comprises the full set of "all 
possibly affected persons".

A vote count can only establish an action norm as valid if the vote 
count includes votes from "all possibly affected persons". In instances 
in which the set of actual participants does not include all possibly 
affected persons, the vote count is irrelevant in establishing the 
validity of the proposal. (If 300 Neocons in Washington D.C. unanimously 
agree to bomb Libya, the unanimity of the vote count does not render the 
action norm valid.)

The key difference between "agreeing as voters" and "agreeing as 
participants in rational discourses" is this:

    * In voting, the vote count makes the decision.
    * In rational discourse, the "last reason standing" (not
      successfully rebutted) makes the decision.

Habermas is very careful to specify that the agreements must be "as 
participants in rational discourses". Just as Habermas suggests, the 
best that we (decision participants) can do in instances involving 
non-participating stakeholders is to try our best to **provisionally** 
decide whether the action norm is valid *through rational discourse*. 
(Absent the participation of all stakeholders, we can never know for sure.)

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