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Journal Article

Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy

01 Feb 1997-Review of Metaphysics-Vol. 51, Iss: 1, pp 153-155
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.
Citations
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TL;DR: The term "biodiversity" is often used to describe phenomena of nature, which can be studied without a reference to the socially constructed, evaluative, or indeed normative contexts as mentioned in this paper.
Abstract: The term “biodiversity” is often used to describe phenomena of nature, which can be studied without a reference to the socially constructed, evaluative, or indeed normative contexts. In our paper, ...

30 citations


Cites background from "Between Facts and Norms: Contributi..."

  • ...In political philosophy, discourse ethics has been specified in terms of concepts of deliberative democracy (Habermas 1996; Ott 2014)....

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  • ...In modern societies with mature liberal democracies, a complex structure of institutions and spheres has evolved that enables, stimulates, and promotes political deliberation (Habermas 1996)....

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  • ...Such deliberation on strategies could be reconstructed within a framework of deliberative democracy (Habermas 1996) and could be made the object of empirical social scientific research....

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  • ...deliberation on strategies could be reconstructed within a framework of deliberative democracy (Habermas 1996) and could be made the object of empirical social scientific research....

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Posted Content
TL;DR: In this paper, the authors apply the concept of rituals to the field of collective action, arguing that rituals are not merely forces of "being", but of "becoming", that is, of the transformation of a group of individuals into a mutually recognized social unity.
Abstract: In this paper, the concept of rituals to the field of collective action is applied. It is argued that rituals are not merely forces of “being,” but of “becoming,” that is, of the transformation of a group of individuals into a mutually recognized social unity. For this dynamic process to enjoy some success and culminate in the formation of a recognizable social actor, regular ceremonies of gathering and protest appear to be an inescapable precondition. The Basque Country is selected as case study, which according to all available data, is the most contentious country in the Western world. The relevance of mass demonstrations for a single social actor is shown, namely the MLNV Movimiento de Liberacion Nacional Vasco: Basque National Freedom Movement), to become and survive as an actor. As long as it generates group solidarity, the performance of symbolically loaded, regular, and standardized protest by this nationalist group creates lasting links among participants. Regular demonstrations staged by this actor, which is endowed with a sound social and cultural infrastructure, impart a lasting character to its collective identity. Besides aiming at influencing the authorities and public opinion under certain circumstances that are analyzed throughout the paper, ritual protest might also purposely bring about inner cohesion. With such an assumption, the author departs from instrumentalist approaches to the study of collective action and highlights the creation of enduring bonds of solidarity as a latent function that ritualized protest fulfills. In diesem Beitrag wird untersucht, wie sich die Bedeutung von Ritualen auf den Bereich kollektiven Handelns ubertragen last. Rituale, so wird angenommen, sind nicht nur Krafte des „Seins“, sondern des „Entstehens“ im Sinne der Transformation einer Gruppe von Individuen in eine allgemein erkennbare soziale Einheit. Damit dieser dynamische Prozess auch zur Entstehung eines sichtbaren sozialen Akteurs fuhrt, sind regelmasige „Zeremonien des Zusammenkommens und des Protestierens“ eine unabdingbare Voraussetzung. Das Baskenland wurde als Fallstudie gewahlt, da es nach allen vorliegenden Daten das spannungsreichste Land in der westlichen Welt ist. Es wird die Bedeutung von Massendemonstrationen fur die MLNV (Movimiento de Liberacion Nacional Vasco: Baskische Nationale Freiheitsbewegung) gezeigt, die sich zu einem Akteur entwickelt. Solange sie Gruppensolidaritat aufrecht erhalt, fuhrt symboltrachtiger, regelmasig stattfindender und standardisierter Protest dieser nationalistischen Gruppierung zu anhaltenden Verbindungen zwischen den Teilnehmern. Die regelmasigen Demonstrationen dieses Akteurs, der uber eine solide kulturelle und soziale „Infrastruktur“ verfugt, fuhren zur dauerhaften kollektiven Identitat. Neben dem Ziel, sowohl die Verantwortlichen als auch die offentliche Meinung unter bestimmten Bedingungen zu analysieren, wird auch die Rolle von rituellem Protest zur Gewahrleistung des inneren Zusammenhalts des Akteurs untersucht. Hier entfernt sich der Autor von dem instrumentalistischen Ansatz der Analyse kollektiven Handelns und betont die Entstehung anhaltender „Bande der Solidaritat“ als einer latenten Funktion rituellen Protests.

30 citations

Dissertation
01 Jan 2018
TL;DR: In this article, the authors present a glossary of glossary for glossary-based approaches to the problem of plagiarism and plagiarism in the context of text editing. But
Abstract: .............................................................................................................................................................. iii Acknowledgements ............................................................................................................................................ iv Preface .................................................................................................................................................................. v Glossary ............................................................................................................................................................. xiii

30 citations

Journal ArticleDOI
TL;DR: In this article, the authors examine the familiar distinction between "religion" and "spirituality" and argue that, within social justice activist circles, the language of'spirituality' becomes useful in talking across institutional and ideological boundaries.
Abstract: Based on ethnographic research with feminist political activists who identify as Catholic, United Church Protestant, or Neo-Pagan, this article examines the familiar distinction between ‘religion’ and ‘spirituality’. This contrast engages issues of secularization and the role of religions in the public sphere. In such a distinction, ‘religion’ is associated with institution and societal pressure, whereas ‘spirituality’ relates to personal experience, privacy, and individuality. I argue that, within social justice activist circles, the language of ‘spirituality’ becomes useful in talking across institutional and ideological boundaries. While ‘religion’ is considered too limited, linked to public behaviour and institutionalization, ‘spirituality’ becomes acceptable in public discourse. This usage completely reverses the distinctions that most scholars, popular culture in general, and my participants in particular, would make between ‘religion’ and ‘spirituality’, as well as public and private. With this rev...

30 citations

Journal ArticleDOI
TL;DR: The predictors and effects of perceived procedural fairness were explored among demographic variables, political involvement, and discussion activities, and the potential competitive relationship between procedural fairness and disagreement is reviewed in light of previous empirical evidence.
Abstract: This article provides a focused analysis of perceived procedural fairness, including both its predictors and effects, within a context of moderated online deliberation. The article starts with a theoretical discussion about the concept, procedural fairness, against the background of deliberative democracy. Furthermore, the potential competitive relationship between procedural fairness and disagreement is reviewed in light of previous empirical evidence. The findings are made up of two parts: First, the predictors of perceived procedural fairness were explored among demographic variables, political involvement, and discussion activities. Second, the effects of perceived procedural fairness and perceived disagreement on outcomes such as enjoyment, satisfaction with group decisions, as well as intention of future participation are shown. A discussion on the roles of procedural fairness and disagreement in deliberation as well as the importance of experience in political participation is provided at the end o...

30 citations


Cites background from "Between Facts and Norms: Contributi..."

  • ...Theorists of deliberative democracy (Gutmann & Thompson, 1996; Habermas, 1984, 1996) argued that the mechanism of deliberative discussion works better than both the aggregative mechanism (i.e., voting) and the bargaining mechanism (i.e., lobby groups) in terms of generating decisions that enjoy…...

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References
More filters
Journal ArticleDOI
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

Journal ArticleDOI
Archon Fung1
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

Journal ArticleDOI
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