Two leading scholars of democracy make the case for political bargaining and define its proper limits.

Bargains—grand and prosaic—are a central fact of political life. The distribution of bargaining power affects the design of constitutions, the construction of party coalitions, legislative outcomes, judicial opinions, and much more. But can political bargaining be justified in theory? If it inevitably involves asymmetric power, is it anything more than the exercise of sublimated force, emerging from and reifying inequalities?

In Democratic Deals, Melissa Schwartzberg and Jack Knight defend bargaining against those who champion deliberation or compromise, showing that, under the right conditions and constraints, it can secure political equality and protect fundamental interests. The challenge, then, is to ensure that these conditions prevail. Drawing a sustained analogy to the private law of contracts—in particular, its concepts of duress and unconscionability—the authors articulate a set of procedural and substantive constraints on the bargaining process and analyze the circumstances under which unequal bargaining power might be justified in a democratic context. Institutions, Schwartzberg and Knight argue, can facilitate gains from exchange while placing meaningful limits on the exercise of unequal power.

Democratic Deals examines frameworks of just bargaining in a range of contexts—constitution-making and legislative politics, among judges and administrative agencies, across branches of government, and between the state and private actors in the course of plea deals. Bargaining is an ineradicable fact of political life. Schwartzberg and Knight show that it can also be essential for democracy.

Deliberation, in recent years, has emerged as a form of civic engagement worth reclaiming. In this persuasive book, Sandra M. Gustafson combines historical literary analysis and political theory in order to demonstrate that current democratic practices of deliberation are rooted in the civic rhetoric that flourished in the early American republic.

Though the U.S. Constitution made deliberation central to republican self-governance, the ethical emphasis on group deliberation often conflicted with the rhetorical focus on persuasive speech. From Alexis de Tocqueville’s ideas about the deliberative basis of American democracy through the works of Walt Whitman, John Dewey, John F. Kennedy, and Martin Luther King Jr., Gustafson shows how writers and speakers have made the aesthetic and political possibilities of deliberation central to their autobiographies, manifestos, novels, and orations. Examining seven key writers from the early American republic—including James Fenimore Cooper, David Crockett, and Daniel Webster—whose works of deliberative imagination explored the intersections of style and democratic substance, Gustafson offers a mode of historical and textual analysis that displays the wide range of resources imaginative language can contribute to political life.

Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination.

The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.