GW Law Faculty Publications & Other Works
Document Type
Book Part
Publication Date
2026
Status
Accepted
Abstract
This essay surveys a few of the many ways to understand what democracy actually is and how to evaluate when it exists and when it is lost. Ultimately, I argue for a pluralist vision that emphasizes both democracy and law's potential ability to bring multiple communities and differing worldviews into dialog with each other. But no conception of democracy can survive unless people are willing to embrace the idea that a fair process can lead to an undesired outcome and that, therefore, even those who lose in a process can have sufficient faith in that process to abide by and support the results. If Americans on both right and left cannot build systems they are willing to embrace regardless of outcome, then democracy is indeed doomed.
GW Paper Series
2026-35
SSRN Link
https://ssrn.com/abstract=6676178
Recommended Citation
Paul Schiff Berman, 2026. "Do We Still Believe in Process? Democracy and the Fundamental Value of Dialog Across Difference", Is Democracy Doomed?, Austin Sarat