Democratic Deals: A Defense of Political Bargaining

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.