What is a genuine consultation for? Consensus, shura and the contractualist test
Contractualism's core question, "could you justify this to everyone it affects?", is usually treated as a test you run in your head. I've been wondering what it looks like as a practice.
Wiredu argued that traditional Akan politics was organised around consensus rather than majority rule: deliberation in council went on until the parties could accept a decision, even if it wasn't their first choice, and he thought this offered a model for non-party democracy in Africa today. People dispute how accurate his historical picture is, and I think they're right to press him. But the philosophical idea is clear: a decision is legitimate when those who will live under it have had their objections genuinely answered, not merely outvoted.
That is surprisingly close to Scanlon. Both refuse to let a majority simply overrule a serious individual objection. Both treat justification as owed to people rather than as a calculation about them.
Where they part: Scanlon's test can be run by an idealised reasoner on behalf of everyone. Wiredu's consensus requires the actual people in the actual room, with all the time and patience that takes.
So what is a consultation for? Is it to discover what could be justified (in which case an expert could do it alone), or is being consulted itself part of what makes a decision justified to you? People who run or sit through consultations, and other traditions that have thought about this, will know things I don't.