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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Posted Content•
TL;DR: The Common Rule system looks from a distance like an innovative instantiation of prescriptions for constitutive regulation and soft law, but in practice has grown into a self-referential, unresponsive and legalistic bureaucracy.
Abstract: Under U.S. regulations known as the Common Rule, federally-supported human-subject research must be reviewed by an Institutional Review Board (IRB). The Common Rule system looks from a distance like an innovative instantiation of prescriptions for constitutive regulation and soft law, but in practice has grown into a self-referential, unresponsive and legalistic bureaucracy. The paper reviews the criticism of the system and discusses why it fails to regulate in an efficient and effective way, pointing in particular to the poor fit between the IRB and its assigned tasks. Turning to reforms, the paper uses the heuristic of regulatory space to describe the range of actual and potential regulators with the capacity to set standard, monitor compliance and discipline violators in the realm of research. Three essential conceptual changes are set out to frame the technical regulatory reform discussion: facing up to the built-in limitations of the IRB as an oversight body; narrowing the range of risks the system is tasked to control; and disentangling the conflicting regulatory logics of behavioral standard-setting and virtue promotion. It concludes with a roster of possible changes that would make the IRB a more responsive regulator, enroll a wider range of actors in the promotion of ethical virtue, focus resources on more serious risks, and address the structural causes of researcher misconduct.
31 citations
Cites background from "Between Facts and Norms: Contributi..."
...Habermas, J. (1996)....
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...Habermas, J. (1984)....
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...Using an IRB to articulate ethical norms for local researchers is an idea that might have been taken straight from Habermas (Habermas, 1984, 1996)....
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TL;DR: Habermas' theoretical ideas can no longer be dismissed as naive, but as a constant guide to critical action - as a reference point for opening up new possibilities for communicative action in IS research and activity is suggested.
31 citations
Additional excerpts
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Dissertation•
25 Feb 2006
TL;DR: Jalkeen as discussed by the authors analysoi sita, miten Luhmannin varhainen luottamusteoria toimii kehittyneen systeemiteorian kontekstissa.
Abstract: Tiivistelma-Referat- Tyon tarkastelun kohteena on Niklas Luhmannin (1927-1998) luottamuksen kasite. Erityisesti Janne Jalava on kiinnostunut siita, miten Luhmannin luottamuksen kasite toimii kehittyneen systeemiteorian kontekstissa. Tama johtuu siita, etta Luhmann kirjoitti luottamusta kasittelevan paateoksensa (Vertrauen) jo vuonna 1968 ja hanen systeemiteoriaa tarkasteleva paateos, Soziale Systeme, ilmestyi vasta vuonna 1984. Jalava lahestyy luhmannilaista luottamuksen problematiikkaa viidesta eri nakokulmasta. Ensin han tarkastelee Luhmannin omaa luottamusteoriaa. Vaikka tyon paaongelmana on tarkastella luottamuksen kasitetta, jakaa Luhmann omissa kirjoituksissaan luottamusproblematiikan kolmeen kasitteeseen: luottamukseen (trust), luottavaisuuteen (confidence) ja tuttuuteen (familiarity). Jalava pohtii myos Luhmannin luottamusproblematiikan kannalta olennaisia teoreettisia vaikuttajia (Talcott Parsons ja Georg Simmel) seka Luhmannin luottamusteorian nykyista sosiologista merkitysta. Taman jalkeen Jalava analysoi sita, miten Luhmannin varhainen luottamusteoria toimii kehittyneen systeemiteorian kontekstissa. Erityisesti Jalava pohtii riskien ja kommunikaation vaikutusta luhmannilaisten luottamuskasitteiden sosiologiseen kayttokelpoisuuteen. Neljanneksi keskitytaan muukalaisuuden ja luottamuksen valisiin suhteisiin. Keskeinen kysymys on: Miten yleistynyt muukalaisuus ja terrorismi vaikuttavat taman paivan luottamusproblematiikkaan? Seuraavaksi tyossa tarkastellaan luottamusta systeemien ja organisaatioiden tasolla ja pohditaan luottamuksen ja luottavaisuuden problematiikkaa hyvinvointivaltion kontekstissa. Jalava nakee hyvinvointivaltion syklisena kokonaisuutena, joka koostuu kansasta, politiikasta ja hallinnosta. Erityisesti han pohtii sita, miten luottavaisuus kansan ja politiikan valilla rakentuu. Tyossa tutkitaan myos vanhusten hoivasysteemia, joka on Jalavan analyysin mukaan vahitellen kehittynyt hyvinvointivaltiollisen inkluusion myotavaikutuksella. Tassa yhteydessa Jalava pohtii hoivasysteemin systeemiteoreettisia ongelmia ja sita, onko kuitenkin mielekkaampaa tarkastella hoivaa erilaisten organisaatioiden avulla ja taten kyseenalaistaa hoivan systeemiluonne. Tyon lopussa analysoidaan myos hoivaajan ja hoivattavan valista luottamusproblematiikkaa.
31 citations
01 Jan 2011
TL;DR: In this paper, the authors discuss the possibility of balancing the values of unity and pluralism in education in developed nation states characterized by an increasing pluralism when it comes to education.
Abstract: The overarching theme of this thesis concerns the possibility of balancing the values of unity and pluralism in education in developed nation states characterized by an increasing pluralism when it ...
31 citations
01 Sep 2011
TL;DR: In this paper, the authors examine the law and practice of official secrets in order to appraise whether and how they restrict democratic oversight and fundamental rights in the European Union, and highlight the adaptation of constitutional structures to an administrative practice that has legally thrived outside EU primary law.
Abstract: This thesis examines the law and practice of official secrets in order to appraise whether and how they restrict democratic oversight and fundamental rights in the European Union. It provides a systematic and in-depth analysis of what the rules of official secrets are, who establishes them and how they work in practice. It critically evaluates whether the EU primary law commitment to openness is safeguarded and examines the constitutional changes and democratic implications arising from secrecy. The research provides a legal inquiry based on forty original interviews as well as an analysis of theoretical works on secrecy and democracy. It seeks to highlight the adaptation of constitutional structures to an administrative practice that has legally thrived outside EU primary law.
31 citations
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