Journal Article•
Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy
About: This article is published in Review of Metaphysics.The article was published on 1997-02-01 and is currently open access. It has received 2568 citations till now. The article focuses on the topics: Democracy.
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DOI•
01 Jan 2012TL;DR: The recent financial crisis and anti-austerity policies reflect and, at the same time, contribute to a crisis of representative democracy as mentioned in this paper, which is the most visible reaction of a widespread dissatisfaction with the declining quality of democratic regimes.
Abstract: The recent financial crisis and, especially, anti-austerity policies, reflects and, at the same time, contribute to a crisis of representative democracy. In this article, I discuss which different conceptions of trust (and relations to democracy) have been debated in the social sciences, and in public debates in recent time. The financial crisis has in fact stimulated a hot debate on “whose trust” is relevant for “whose democracy”. After locating the role of trust in democratic theory, I continue with some illustrations of a declining political trust in Europe, coming from my own research on social movements, but also of the emergence, in theory and practices, of other conceptions of democracy and democratic spaces, where critical trust develops. Indignados’ movements in Spain and Greece as well as the Occupying Wall Street protest in the US are just the most visible reaction of a widespread dissatisfaction with the declining quality of democratic regimes. They testify for the declining legitimacy of traditional conceptions of democracy, as well as for the declining trust in representative institutions. At the same time, however, these movements conceptualize and practice different democratic models that emphasize participation over delegation and deliberation over majority voting. In doing this, they present a potential for reconstructing social and political trust from below.
31 citations
Cites background from "Between Facts and Norms: Contributi..."
...…theories have in fact promoted spaces of communication, the exchange of reasons, the construction of shared definitions of the public good, as fundamental for the legitimation of public decisions (among others, Miller 1993: 75; Dryzek 2000: 79; Cohen 1989: 18-19; Elster 1998; Habermas 1981; 1996)....
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Book•
22 Jun 2007
TL;DR: The Globalisation of Democracy: The Right to Democratic Governance The Entitlement to Democratic governance in International Law and International Politics The Ideology of Democracy Promotion Excursus: Prerequisites and causes of Democratisation 4. Sovereignty and Democracy Conceptual Distinctions The Politics of the Sovereignty Discourse "Domestic Sovereignty" as 'Popular Sovereignty' 5.
Abstract: Acknowledgements Preface 1. Kant's Republicanism and the Cosmopolitan Persuasion Kant's Republicanism and the 'Moral Personality' of States The Sovereign Equality of States, Peaceful Coexistence and the International Constitution Kant's Cosmopolitanism Cicero's Republicanism and Stoic Cosmopolitanism: Kant in Comparison John Rawls and Jurgen Habermas: Alternative Ways of Understanding Kant's Cosmopolitanism 2. The Languages of Human Rights and the Liberal Dialect The Many Voices of the Human Rights Discourse Human Rights as the New Standard of Civilisation Human Rights and Democracy: Liberal Perspectives 3. The Globalisation of Democracy: The Right to Democratic Governance The Entitlement to Democratic Governance in International Law and International Politics The Ideology of Democracy Promotion Excursus: Prerequisites and Causes of Democratisation 4. Sovereignty and Democracy Conceptual Distinctions The Politics of the Sovereignty Discourse 'Domestic Sovereignty' as 'Popular Sovereignty' 5. Liberal Democracy between Multiculturalism and Globalisation From 'Demos' to 'Demoi': Multiculturalism and Democracy Globalisation and Democracy Bibliography Index.
31 citations
TL;DR: This research project aims to explore the challenges and possibilities that the NEG poses to labour politics in Europe and the resulting NEG opens contradictory possibilities for labour movements in Europe.
Abstract: European trade unions play a major role in democratic interest intermediation. This role is currently threatened by the increasingly authoritarian strain in the EU’s new economic governance (NEG). This research project aims to explore the challenges and possibilities that the NEG poses to labour politics. Until recently, European labour politics has mainly been shaped by horizontal market integration through the free movement of goods, capital, services and people. After the financial crisis, the latter has been complemented by vertical integration effected through the direct surveillance of member states. The resulting NEG opens contradictory possibilities for labour movements in Europe.
31 citations
Cites background from "Between Facts and Norms: Contributi..."
...…followed afterwards as a result of social and political learning processes or struggles by ‘countervailing powers’ (Galbraith, 1952) in response to social tensions created by the making of integrated markets and political authority (Erne, 2008: 18; Habermas, 1996: 506; Marshall, 1992 [1950])....
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TL;DR: The authors examine two potential factors driving polarization: greater income inequality and the increasingly fragmented state of American media and find evidence indicating that media fragmentation has played a more important role than inequality in political polarization.
Abstract: The increasing polarization of congressional voting has been linked to legislators' inability to reach consensus on many pressing economic issues. We examine two potential factors driving polarization: greater income inequality and the increasingly fragmented state of American media. Using cointegration techniques, we find evidence indicating that media fragmentation has played a more important role than inequality. Periods of rising media fragmentation are followed by increased polarization. If recent patterns of media structure and income inequality persist, a polarized policymaking environment will likely continue to impede efforts to address major challenges, such as the long-run fiscal imbalances facing the United States. (JEL D72, D31)
31 citations
Cites result from "Between Facts and Norms: Contributi..."
...These developments are in contrast to hope that media fragmentation might on net reduce polarization by producing a better informed citizenry (Habermas 1998)....
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...These developments are in contrast to hope that media fragmentation might on net reduce polarization by producing a better informed citizenry (Habermas 1998)....
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01 Jan 2012
TL;DR: This paper explored the role and impact of Facebook as it pertains to the food movement in the United States and explored the usage of Facebook among ordinary citizens who take leadership roles to make a social difference at the policy level.
Abstract: As social media have become a ubiquitous part of our daily life, questions remained to be answered by scholars who study social movements and new communication technology. This dissertation explores the role and impact of Facebook as it pertains to the food movement in the United States. Applying three main theories derived from communication and sociology, this manuscript explores the usage of Facebook among ordinary citizens who take leadership roles to make a social difference at the policy level. Taking as a case study the Right to Know Rally, through a qualitative content analysis of all posts of the 42 Facebook pages of the Right to Know Rally, as well as interviews with selected participants of the event, this dissertation attempts to answer three main questions. First, through the lens of Habermas’s concept of the public sphere this manuscript addresses whether Facebook reinforces or challenge the notion of the public sphere. Second, Castells’s work of network analysis serves to understand how virtual relations affect a movement both online and offline. Third, applying leadership theories, this study explores how leadership is manifested on Facebook and who takes the lead both online and offline. Last chapter explores a question that has been at the center of many debates among scholars who are studying new communication technology. Does Facebook offer a bridge to civic engagement offline? I argued that while Facebook poses problems for the privacy of an individual, its power lies in the functionality of reaching heterogeneous networks made out of individuals who might or might not being part of the Right to Know Rally movement. In lack of physical spaces to express freedom of speech, Facebook reinforces Habermas’s notion of the public sphere, in which individuals from the comfort of their home can pitch in, taking at times leading roles. In this way new leaders emerge. These people do not have to possess a priori experience in social movements, but they do need to be active participants of the web and offline. In terms of the impact of Facebook on online settings, while this study cannot generalize its finding, it was blatant during the analysis that the social medium has an effect on offline mobilization. More specifically, Facebook expands social networks outside the realm of the web, through the function of event planning. These event attracted bystanders who were encouraged to visit the web to find further information and take action.
31 citations
Cites background from "Between Facts and Norms: Contributi..."
...The internet then becomes source for the creation of what Habermas calls a public sphere, a forum where communication as speech and language offers the basics for citizens to participate and engage in decisions that will affect their lives (Habermas, 1996)....
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...…have recently become virtual public spheres where individuals exchange ideas on (tras)national and local matters (Bennett, 2003; Castells, 2007; Cramer et al., 2011; Habermas, 1987, 1996, 2006), by making comments, sharing information, donating money, and/or organizing online and offline actions....
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...The 18th century marked the emergence of a sphere that “can be described as a network for communicating information and points of view” 23 (Habermas, 1996, p. 360), reproduced through communicative action....
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... Habermas (1996, 2006) defines public sphere as a discursive space for communication to take place, where all discussions should be free of external and internal oppression....
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...In their observation of Habermas’s later work, Downey and Fenton (2003) observe, “Habermas (1996) has moved away considerably from structural transformation work and wishes to maintain that autonomous public spheres can acquire influence in the mass media public sphere under certain circumstances”…...
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References
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TL;DR: In this comprehensive social theory of the Internet and the networked information economy, Benkler describes how patterns of information, knowledge, and cultural production are changing--and shows that the way information and knowledge are made available can either limit or enlarge the ways people can create and express themselves.
Abstract: With the radical changes in information production that the Internet has introduced, we stand at an important moment of transition, says Yochai Benkler in this thought-provoking book. The phenomenon he describes as social production is reshaping markets, while at the same time offering new opportunities to enhance individual freedom, cultural diversity, political discourse, and justice. But these results are by no means inevitable: a systematic campaign to protect the entrenched industrial information economy of the last century threatens the promise of today's emerging networked information environment. In this comprehensive social theory of the Internet and the networked information economy, Benkler describes how patterns of information, knowledge, and cultural production are changing--and shows that the way information and knowledge are made available can either limit or enlarge the ways people can create and express themselves. He describes the range of legal and policy choices that confront us and maintains that there is much to be gained--or lost--by the decisions we make today.
4,002 citations
TL;DR: In this paper, the authors develop a framework for understanding the range of institutional possibilities for public participation, including who participates, how participants communicate with one another and make decisions together, and how discussions are linked with policy or public action.
Abstract: The multifaceted challenges of contemporary governance demand a complex account of the ways in which those who are subject to laws and policies should participate in making them. This article develops a framework for understanding the range of institutional possibilities for public participation. Mechanisms of participation vary along three important dimensions: who participates, how participants communicate with one another and make decisions together, and how discussions are linked with policy or public action. These three dimensions constitute a space in which any particular mechanism of participation can be located. Different regions of this institutional design space are more and less suited to addressing important problems of democratic governance such as legitimacy, justice, and effective administration.
1,526 citations
01 Dec 2000
TL;DR: In this paper, the authors examine the current debate about the nature of democracy and discuss the main theses of the approach called "deliberative democracy" in its two main versions, the one put forward by John Rawls, and the other one put forth by Jurgen Habermas.
Abstract: This article examines the current debate about the nature of democracy and discusses the main theses of the approach called 'deliberative democracy' in its two main versions, the one put forward by John Rawls, and the other one put forwardby Jurgen Habermas. While agreeing with them as regards to the need to develop a more of democracy than the one offered by the 'aggregative' model, I submit that they do not provide an adequate understanding of the main task of democracy. No doubt, by stating that democracy cannot be reduced to a question of procedures to mediate among conflicting interests, deliberative democrats defend a conception of democracy that presents a richer conception of politics. But, albeit in a different way thanthe view they criticize, their vision is also a rationalist one which leaves aside the crucial role played by 'passions' and collective forms of identifications in the field of politics. Moreover, in their attempt to reconcile the liberal tradition with the democratic one, deliberative democrats tend to erase the tension that exist between liberalism and democracy and they are therefore unable to come to terms with the conflictual nature of democratic politics. The main thesis that I put forward in this article is that democratic theory needs to acknowledge the ineradicability of antagonism and the impossibility of achieving a fully inclusive rational consensus. I argue that a model of democracy in terms of 'agonistic pluralism' can help us to better envisage the main challenge facing democratic politics today: how to create democratic forms of identifications that will contribute to mobilize passions towards democratic designs.;
1,338 citations
TL;DR: Public diplomacy, as the diplomacy of the public, not of the government, intervenes in this global public sphere, laying the ground for traditional forms of diplomacy to act beyond the strict negotiation of power relationships by building on shared... as mentioned in this paper.
Abstract: The public sphere is the space of communication of ideas and projects that emerge from society and are addressed to the decision makers in the institutions of society. The global civil society is the organized expression of the values and interests of society. The relationships between government and civil society and their interaction via the public sphere define the polity of society. The process of globalization has shifted the debate from the national domain to the global debate, prompting the emergence of a global civil society and of ad hoc forms of global governance. Accordingly, the public sphere as the space of debate on public affairs has also shifted from the national to the global and is increasingly constructed around global communication networks. Public diplomacy, as the diplomacy of the public, not of the government, intervenes in this global public sphere, laying the ground for traditional forms of diplomacy to act beyond the strict negotiation of power relationships by building on shared...
936 citations
Book•
05 Oct 2012
TL;DR: Tweets and the Streets as mentioned in this paper examines the relationship between the rise of social media and the emergence of new forms of protest, arguing that activists' use of Twitter and Facebook does not fit with the image of a "cyberspace" detached from physical reality.
Abstract: Tweets and the Streets analyses the culture of the new protest movements of the 21st century. From the Arab Spring to the "indignados" protests in Spain and the Occupy movement, Paolo Gerbaudo examines the relationship between the rise of social media and the emergence of new forms of protest. Gerbaudo argues that activists' use of Twitter and Facebook does not fit with the image of a "cyberspace" detached from physical reality. Instead, social media is used as part of a project of re-appropriation of public space, which involves the assembling of different groups around "occupied" places such as Cairo's Tahrir Square or New York's Zuccotti Park. An exciting and invigorating journey through the new politics of dissent, Tweets and the Streets points both to the creative possibilities and to the risks of political evanescence which new media brings to the contemporary protest experience.
911 citations