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 centuries-long history and trajectory of this evolving system of local government allowing direct exercise of citizen power. In our examination of the current framework and its genesis, 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. 

New England Town Meeting and the Cultivation of Deliberative Play

“…From that skeleton of rules, participants have a wide range of possible motions. In fact, there is tremendous flexibility in the rules (Townsend & Reiss, forthcoming).…”