An Enduring System of Local Deliberative Democracy: The 21st Century Legal and Normative Structure of Massachusetts Town Meeting

Abstract

This essay examines the legal framework for local deliberative democracy in Massachusetts, within the legislature known as “town meeting.” We review the trajectory of this system of local government allowing direct exercise of citizen power via deliberative governance. We focus on the current framework of state and local laws that were created to support and direct local deliberative systems in Massachusetts with greater attention to functional elements of the system in this legal rhetorical history. We explore the powers of town meeting, including its role within state and federal government, the laws and norms enabling and limiting deliberation, and how and why the legal framework for town meeting has allowed it to endure. Throughout our analysis, we include examples, detailing how philosophical principles of inclusion, self-determination, fairness, and fidelity to the common good underpin town meeting. We note the system’s evolution and close with considerations about directions for further changes. The legal framework for town meeting, largely unchanged for close to three centuries, successfully integrates a local community voice into a broader system of deliberative democracy.