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

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

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.

...read moreread less

Citations

PDF

Open Access

More filters

Dissertation•

Human Rights Education and Global Citizenship Education in UNESCO Policies: Past, Present, and Prospects

[...]

Elizaveta Bagrintseva

01 Jan 2018

27 citations

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

...Habermas takes the discourse as a way of democratization and establishing of civil society (Habermas, 1996)....
[...]

Journal Article•DOI•

The Disregard for Weber's Herrschaft

[...]

Koen P.R. Bartels¹•Institutions (1)

University of Glasgow¹

01 Dec 2009-Administrative Theory & Praxis

TL;DR: The great relevance of Max Weber's ideal type of bureaucracy for understanding modern public administration is insufficiently acknowledged as mentioned in this paper, and critical examination of the claims made to support "new c...

...read moreread less

Abstract: The great relevance of Max Weber's ideal type of bureaucracy for understanding modern public administration is insufficiently acknowledged. Critical examination of the claims made to support "new c...

...read moreread less

27 citations

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

...Unlocking the iron cage—public administration in the deliberative democratic theory of Jürgen Habermas. Administration & Society, 36, 38–61. Kickert, W. J. M., Klijn, E. H., & Koppenjan, J. F. M. (Eds.). (1997). Managing complex networks: Strategies for the public sector. London: Sage. Kilker, E. (1984). Max Weber and the possibilities for democracy....
[...]
...From both perspectives it is acknowledged that the increasing complexity of our modern society has implications for the exercise of Herrschaft and individual freedom (Habermas, 1996; Weber, 1922/1978)....
[...]
...Although the main concepts and arguments are still being developed, public-values approaches reject Weber’s ideal type of bureaucracy based on a set of assumptions drawn from the works of, inter alia, Barzelay (1992), Moore (1995), Fox and Miller (1995), and Habermas (1996)....
[...]
...Rather, it results in opportunistic or unreflective ways of reconciling value complexes without the guidance of reasonable criteria” (Habermas, 1996, p. 436)....
[...]
...Unlocking the iron cage—public administration in the deliberative democratic theory of Jürgen Habermas. Administration & Society, 36, 38–61. Kickert, W. J. M., Klijn, E. H., & Koppenjan, J. F. M. (Eds.). (1997). Managing complex networks: Strategies for the public sector....
[...]

Posted Content•

Challenges and Opportunities: Civil Society in a Globalizing World

[...]

Patrick Heller¹•Institutions (1)

Brown University¹

08 Jul 2013-Social Science Research Network

TL;DR: In this article, social movements and civil society play a crucial role in promoting transformative development in the global South, arguing that inclusive and democratic forms of development depend on a delicate balance between the market, the state and the civil society.

...read moreread less

Abstract: What role can social movements and civil society play in promoting transformative development in the global South? This paper argues that inclusive and democratic forms of development depend on a delicate balance between the market, the state and civil society. Globalization has created new opportunities for economic development, but market power has often expanded at the expense of democratic and social accountability. Democratization in the global South and the emergence of new forms of transnational activism offer the hope of re-embedding markets. The paper explores these possibilities both through an analysis of existing global configurations of power and emergent forms of global civil society, as well as through an analysis of how movements and civil society have shaped three very different developmental trajectories in Brazil, India and South Africa. It argues that at both the global and domestic level, prospects for more inclusive development depend largely on the balance between civil society and political society.

...read moreread less

27 citations

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

...See Habermas 1996, Cohen and Arato 1992, Somers 2008, Alexander 2006a, Warren 2001, Elster 1998....
[...]
...Fourth, combining the second and third points gives new life to Habermas’s (2001) argument that the source of solidarity and shared norms need not be only ‘cultural’ (in the sense of a particularized sense of we-ness) but could also be the learning effect of the spread of information and increased interaction....
[...]
...This civic or communicative (Habermas 1996) mode of action is as such distinct from the pursuit of political power, profits or the reproduction of primary ties and identities that characterize social action in the state, market and community.2 At the heart of any conception of civil society is the…...
[...]
...Their leverage is, in Habermas’ famous trope, the force of the better argument. Of course, all civil society organizations need resources, which means money, but their legitimacy rests on articulating and pursuing goals that are not driven by the pursuit of economic returns. Indeed, if the civil society organizer, the journalist, the scholar or the advocate is shown to not be working for the cause or the aggrieved community they claim to speak for, but rather because they seek profit or power, they invariably lose much if not all of their credibility. At a broader level, this logic of legitimacy as rooted in the communicative/argumentative structures of the public sphere is precisely why so much effort—both in terms of building formal legal barriers and strong professional or normative codes of conduct—goes into ensuring that non-profits are indeed non-profits, that universities are dedicated to the pursuit of knowledge, and that media are not just mouthpieces of the state or corporations. It is in this sense that the sociological view breaks with the liberal view by recognizing that market power is as great a threat to civil society as state power.4 Even more so, some would argue, because as Habermas notes (2001), state power can be democratized;...
[...]
...This civic or communicative (Habermas 1996) mode of action is as such distinct from the pursuit of political power, profits or the reproduction of primary ties and identities that characterize social action in the state, market and community....
[...]

Journal Article•DOI•

A corpus analysis of discursive constructions of the Sunflower Student Movement in the English-language Taiwanese press

[...]

Andrew Brindle¹•Institutions (1)

St. John's University¹

01 Jan 2016-Discourse & Society

TL;DR: This paper examined the discursive constructions of the Sunflower Student Movement in the two major English-language newspapers in Taiwan, The China Post and the Taipei Times, in corpora of articles published in the six-month period after the protests began.

...read moreread less

Abstract: The Sunflower Student Movement was a protest movement in Taiwan against a trade agreement with the People’s Republic of China (PRC) by students and civic groups, in which the national legislature was occupied by protesters between 18 March and 10 April 2014. This study examines the discursive constructions of this movement in the two major English-language newspapers in Taiwan, The China Post and the Taipei Times, in corpora of articles published in the six-month period after the protests began. The data were collected from the online editions of the newspapers and analysed utilising a corpus-driven approach. First, frequency lists of the corpora were studied and an in-depth analysis of collocates and concordances of certain frequent words was undertaken. This was followed by a study of keywords when each corpus was compared against the other. The findings demonstrate that one newspaper depicted the protests as a struggle for democracy, associating the protests with democracy movements from the past and e...

...read moreread less

26 citations

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

...Particular language usage results in specific interpretational patterns for the comprehension of social issues, relations and identities (Habermas, 1999); as a consequence of the long-term repetition of certain stances or ideology, the media may have a lasting influence over the audience....
[...]

Journal Article•DOI•

Detecting Platform Effects in Online Discussions

[...]

Pablo Aragón, Vicenç Gómez, Andreas Kaltenbrunner

01 Dec 2017-Policy & Internet

TL;DR: In this article, the Spanish Ministry of Economy and Competitiveness under the Maria de Maeztu Units of Excellence Programme (MDM-2015-0502) and the EU project D-CENT (FP7/CAPS 610349).

...read moreread less

Abstract: This work is supported by the Spanish Ministry of Economy and Competi-tiveness under the Maria de Maeztu Units of Excellence Programme (MDM-2015-0502) and the EU project D-CENT (FP7/CAPS 610349).

...read moreread less

26 citations

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

...…of deliberation are far from conclusive (Carpini, Cook, & Jacobs, 2004), the many approaches to deliberation, for example, Barber (1984), Habermas (1996), Elster (1998), Fishkin (1997), and Chambers (2003), have all a common denominator: the relevance of communication in detriment of…...
[...]

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
…
132
133
134
135
136
137
138
…
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200

Collapse

References

PDF

Open Access

More filters

Journal Article•DOI•

The Wealth of Networks: How Social Production Transforms Markets and Freedom

[...]

Yochai Benkler

01 May 2006-Yale Law Journal

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.

...read moreread less

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.

...read moreread less

4,002 citations

Journal Article•DOI•

Varieties of Participation in Complex Governance

[...]

Archon Fung¹•Institutions (1)

Harvard University¹

09 Nov 2006-Public Administration Review

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.

...read moreread less

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.

...read moreread less

1,526 citations

Deliberative democracy or agonistic pluralism

[...]

Chantal Mouffe¹•Institutions (1)

University of Westminster¹

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.

...read moreread less

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.;

...read moreread less

1,338 citations

Journal Article•DOI•

The New Public Sphere: Global Civil Society, Communication Networks, and Global Governance

[...]

Manuel Castells¹•Institutions (1)

University of Southern California¹

01 Mar 2008-Annals of The American Academy of Political and Social Science

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.

...read moreread less

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...

...read moreread less

936 citations

Book•

Tweets and the Streets: Social Media and Contemporary Activism

[...]

Paolo Gerbaudo

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.

...read moreread less

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.

...read moreread less

911 citations