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.
Citations
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TL;DR: The proliferation of networked forms of communication has captured the attention of media and scholars alike as discussed by the authors, and we have never had quite as many resources for communication as we have today.
Abstract: The proliferation of networked forms of communication has captured the attention of media and scholars alike. We have never had quite as many resources for communication as we have today, and such ...
28 citations
Cites background from "Between Facts and Norms: Contributi..."
...Our analysis takes its departure in Habermas’s vision of the public sphere as an ever-changing venue that facilitates the interactions and communication among different kinds of publics (Habermas, 1984, 1987, 1989, 1996)....
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...Habermas (1996) uses the notions of episodic, occasional, and abstract to consider different formations within the public sphere, depending on the density of communication, organizational complexity and range....
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...Particularly, we build on Habermas’s later conception of networks of public spheres in complex societies that separates the public sphere into different levels—the episodic, occasional, and abstract—depending on the density of communication, organizational complexity, and range (Habermas, 1996)....
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TL;DR: In this paper, the authors examine the confidence the population has in the child welfare system in four countries (England, Finland, Norway and the USA) and find that about half or less of the population reports having confidence in the system, which is slightly higher than the confidence in civil servants in the same countries.
Abstract: This article examines the confidence the population (N = 4,003) has in the child welfare system in four countries – England, Finland, Norway and the USA (California). We find that about half or less of the population reports having confidence in the system, which is slightly higher than the confidence in the civil servants in the same countries. The Nordic countries display more confidence in the child welfare system than the Anglo-American countries. The similarity between the countries is, however, greater than anticipated. As for independent variables that can shed light on differences in confidence levels, we find three variables to be related to a higher confidence level, and these are a left wing political orientation, lower age, and higher education. This study contributes in filling a knowledge gap on studies about trust in the child welfare system, but we emphasize that we have studied an aspect of trust that rests on the population's impressions of a system, and not their substantial knowledge about, or identification with, this system.
28 citations
Cites background from "Between Facts and Norms: Contributi..."
...In the deliberative democracy tradition it is common to apply the principle which states that only those policies that cannot be raised rational objections to, in a free and open debate, are legitimate (Habermas1996)....
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TL;DR: This paper highlighted the myriad of tactics rebels use which are not violent in nature (cf. Petrova 2019; Ryckman 2020; Cunningham, Dahl, and Fruge 2017).
Abstract: Research on conflict processes has recently highlighted the myriad of tactics rebels use which are not violent in nature (cf. Petrova 2019; Ryckman 2020; Cunningham, Dahl, and Fruge 2017). Concurre...
28 citations
Dissertation•
01 Jan 1998
TL;DR: The relationship between English and European Community administrative law is discussed in this paper, where the authors draw out the nature of this relationship by comparing the development of two principles, the principles of legitimate expectations and proportionality, within English and ECC administrative law and assess the challenge presented by European Community law for English law.
Abstract: This thesis concerns the relationship between English and European Community administrative law. The main aim is to draw out the nature of this relationship by comparing the development of two principles, the principles of legitimate expectations and proportionality, within English and European Community administrative law. A secondary aim is to assess the challenge presented by European Community law for English law. The emphasis is on the distinct visions of law or legal traditions which have influenced both systems of administrative law rather than specific substantive laws.
Chapter 2 identifies the nature of the English and Continental traditions of administrative law and the development of English and European Community administrative law. More specifically, English law is based on the common law approach while Continental and European Community administrative law has a more purposive orientation. Chapter 3 examines the pressures for the adoption of the two principles in English law. These pressures have been both internal, through the role of Lord Diplock, and external, through the influence of European Community law.
In Chapters 4, 5, 6 and 7 the principles are examined in depth in both European Community and English administrative law. Comparative observations of the articulation of the principles in European Community law and their development in English law are made in chapters 5 and 7. In this respect the identification of the different traditions of administrative law becomes crucial in assessing the success of the principles as legal transplants in English law.
The conclusion draws together these themes in order to identify the relationship between English and European Community law. An assessment is also made of the challenge presented by European Community law and suggestions are made as to what English law ought to do in order to respond effectively.
28 citations
TL;DR: In this article, a dialectical argumentation formalism for an intelligent system within which deliberative debates about risk and regulation can be conducted is proposed, drawing on various philosophies of argumentation, scientific and moral discourse, and communicative action, due to Toulmin, Pera, Alexy and Habermas.
Abstract: Among normative models for democracy, the Deliberative model suggests that public policy decisions should be made only following rational, public deliberation of alternative courses of action. We argue that such a model is particularly appropriate for the assessment of environmental and health risks of new substances and technologies, and for the development of appropriate regulatory responses. To give operational effect to these ideas, we propose a dialectical argumentation formalism for an intelligent system within which deliberative debates about risk and regulation can be conducted. Our formalism draws on various philosophies of argumentation, scientific and moral discourse, and communicative action, due to Toulmin, Pera, Alexy and Habermas.
28 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