Deliberative Acts: Democracy, Rhetoric, and Rights by Arabella Lyon (review)

Arabella Lyon’s Deliberative Acts begins with a rhetorical question: “Shall we speak of Abu Ghraib and torture; shall we educate the children of illegal immigrants; shall we guarantee health care for all or for most; shall we intervene in the governance of other nations; shall we ban the hijab (head scarf), medical marijuana, and prayer in the schools; shall we find one hundred million missing women, the lost boys of Africa, and los desaparecidos (the disappeared)?” (1) With this list of violations framed as a question, Lyon suggests that through the media, popular culture, and politics, we are constantly confronted with and compelled to deliberate on issues of rights, so much so that human rights have become the grounding for the work of democracy. Thus, Lyon’s major intervention is located at this intersection of human rights discourse and the political deliberation necessary in democracies. She seeks to advance a theory of “performative deliberation” (3) that conceives of deliberation within theories of performance and performativity as an activity that refocuses on the present and the constitutive moment of recognition within the specific context of each speech act. In order to do so, Lyon turns to human rights case studies as represented in the media and life stories because they, by nature, attend to radical difference and because they “require examinations of both being and situated knowledge for the many coming to action, an action potentially transformative of being and knowledge” (4).

Rhetorical studies has been surprisingly late in taking up a human rights critique. Although many have been engaged in critiquing human rights from a rhetorical perspective for years, and even more have been engaged in critiquing human rights through discourse analysis and literary analysis, the lack of conversation in rhetoric prompts Erik Doxtader to question whether rhetoric should have a role in human rights discourse in the first place.¹ Despite his question, the past several years has seen a renewed interest in rhetorical approaches to human rights. In fact, a special issue of RSQ coedited by Arabella Lyon and Lester Olson in 2011 (subsequently published as a book in 2012) and Wendy Hesford’s book Spectacular Rhetorics: Human Rights Visions, Recognitions, Feminisms (2011) were among the first in this new wave of rhetorical studies to focus directly on human rights as such. Lyon’s Deliberative Acts is situated within this relatively recent rhetorical turn to human rights and provides a useful and necessary theoretical grounding on rhetorical concepts and deliberation across difference as they relate to human rights case studies on which others can build. Additionally, for scholars engaged in conversations surrounding deliberative rhetorics, Lyon offers a convincing model of performative deliberation that accounts for the fluidity of poststructuralist notions of agency and subjectivity through an overdue rethinking of rhetorical concepts including identification, recognition, and performance/performativity in persuasion. However, for scholars participating in the conversation and critique directly surrounding human rights discourse, a critique that is predominantly located in the humanities and rapidly expanding out from its literary foundations, Lyon’s book may be controversial, as it does not necessarily critique the discourse of rights itself, nor the amorphous “we” constructed in her first sentence. Rather, she is interested in critiquing how that “we” employs, deploys, and deliberates over human rights cases, including the claims made by Libyan woman Eman al-Obeidi’s to Western journalists that she was raped and abused by Gaddafi’s military, the Chinese one-child policy, Rigoberta Menchú’s testimony, and women’s suffrage in the United States.

Lyon’s introduction locates her intervention in the conversation surrounding deliberation and deliberative democracy in a global and transnational era. To begin, Lyon distinguishes deliberative democracy (a way for states to legitimize decisions) from deliberation (a rhetorical practice), a distinction that suggests that the problem with deliberative democracy is that “it finds difference disruptive rather than productively diverse” (11). This is problematic because “in responding to rights conflicts” Lyon claims, “citizens are asked to deliberate, to...